| (ii) The fiscal and other impact of
the law in effect on and | 36 |
|
after July 1, 1996, on political
subdivisions
and other relevant | 37 |
|
aspects of local
government in this state, including law | 38 |
|
enforcement agencies,
the court system, prosecutors, as defined in | 39 |
|
section 2935.01 of
the Revised Code, the public defender and | 40 |
|
assigned counsel system, jails and workhouses, probation | 41 |
|
departments, the drug and alcohol abuse intervention and
treatment | 42 |
|
system, and the mental health intervention and
treatment system. | 43 |
| (b) The impact of the sentencing
structure in effect on and | 44 |
|
after July 1, 1996, on the population of
state correctional | 45 |
|
institutions,
including information regarding the number and types | 46 |
|
of
offenders who are being imprisoned under the law in effect on | 47 |
|
and after July 1, 1996, and the amount of
space in state | 48 |
|
correctional institutions that is necessary to
house those | 49 |
|
offenders; | 50 |
| (c) The impact of the sentencing
structure and the sentence | 51 |
|
appeal provisions in effect on and
after July 1, 1996, on the | 52 |
|
appellate
courts of this state, including information regarding | 53 |
|
the number
of sentence-based appeals, the cost of reviewing | 54 |
|
appeals of
that nature, whether a special court should be created | 55 |
|
to review sentences,
and
whether changes should be made to ensure | 56 |
|
that sentence-based appeals are
conducted expeditiously. | 57 |
| (3) Review all bills that are introduced in the general | 58 |
|
assembly that provide for new criminal offenses or that change the | 59 |
|
penalty for any criminal offense, determine if those bills are | 60 |
|
consistent with the sentencing policy adopted under division (B) | 61 |
|
of section 181.23 of the Revised Code, determine the impact of | 62 |
|
those bills upon the correctional resources of the state, and | 63 |
|
recommend to the general assembly any necessary amendments to | 64 |
|
those bills. When the commission recommends any amendment for
a | 65 |
|
bill before the general assembly, it shall do so in a manner that | 66 |
|
is consistent with the requirements of section 181.24 of the | 67 |
|
Revised Code. | 68 |
| (5) Collect and maintain data that pertains to the cost
to | 74 |
|
counties of the felony sentence appeal provisions set forth
in | 75 |
|
section 2953.08 of the Revised Code, of the
postconviction relief | 76 |
|
proceeding provisions set forth in division
(A)(2) of section | 77 |
|
2953.21 of the Revised Code, and of appeals from judgments
entered | 78 |
|
in such postconviction relief proceedings. The data so collected | 79 |
|
and maintained shall include, but shall not be limited to, the | 80 |
|
increase in expenses that counties experience as a result of
those | 81 |
|
provisions and those appeals and the number of felony sentence | 82 |
|
appeals
made,
postconviction relief proceedings filed, and appeals | 83 |
|
of postconviction relief
proceeding judgments made in each county | 84 |
|
under those provisions. The
commission
periodically shall provide | 85 |
|
to the felony sentence appeal cost
oversight committee, in | 86 |
|
accordance with division
(I) of section 2953.08 of the Revised | 87 |
|
Code, all data the
commission collects pursuant to this division. | 88 |
| (E) Divisions (A) and (D) of this section do not apply to | 125 |
|
licensed health professionals authorized to prescribe
drugs, | 126 |
|
pharmacists, owners of pharmacies, and other
persons whose conduct | 127 |
|
is in accordance with Chapters 3719.,
4715., 4723., 4725., 4729., | 128 |
|
4731., and 4741. of the Revised Code. | 129 |
| (F) Whoever violates this section is guilty of illegal | 130 |
|
processing of drug documents.
If the offender violates division | 131 |
|
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of
this | 132 |
|
section, illegal processing of drug documents is a felony of the | 133 |
|
fifth
degree. If the offender violates
division (A), division | 134 |
|
(B)(1) or (3), division
(C)(1) or (3), or division (D) of this | 135 |
|
section, the
penalty for illegal processing of drug documents | 136 |
|
shall be
determined as follows: | 137 |
| (1) If the drug involved is a compound, mixture, | 138 |
|
preparation, or substance
included in schedule I or II, with the | 139 |
|
exception of marihuana, illegal
processing of drug documents is a | 140 |
|
felony of the fourth degree, and division
(C) of section 2929.13 | 141 |
|
of the Revised Code applies in determining whether to
impose a | 142 |
|
prison term on the offender. | 143 |
| (2) If the drug involved is a dangerous drug or a compound, | 144 |
|
mixture, preparation, or substance included in schedule III,
IV, | 145 |
|
or V or is marihuana, illegal processing of drug documents is a | 146 |
|
felony of
the fifth degree, and division (C) of section 2929.13 of | 147 |
|
the Revised Code
applies in determining whether to impose a prison | 148 |
|
term on the offender. | 149 |
| (B) Division (A) of this section does not apply to | 177 |
|
manufacturers, wholesalers, pharmacists, owners of pharmacies, | 178 |
|
licensed
health professionals authorized to prescribe drugs, and | 179 |
|
other persons whose conduct is in accordance with Chapters 3719., | 180 |
|
4715., 4723., 4725., 4729., 4731., and 4741. of the Revised
Code. | 181 |
(E)
Notwithstanding the prison term authorized or required by | 226 |
division (C) of this section and sections 2929.13 and 2929.14 of | 227 |
the Revised
Code, if the violation of division (A) of this section | 228 |
involves the sale,
offer to sell, or possession of a schedule I or | 229 |
II
controlled substance, with the exception of marihuana, and if | 230 |
the court
imposing sentence upon the offender finds that the | 231 |
offender as
a result of the violation is a major drug offender and | 232 |
is guilty of
a specification of the type described in section | 233 |
2941.1410 of the Revised Code, the
court, in lieu of the
prison | 234 |
term otherwise authorized or required, shall impose upon
the | 235 |
offender the mandatory prison term specified in division
(D)(3)(a) | 236 |
of section 2929.14 of the Revised Code and may impose an | 237 |
additional
prison
term under division (D)(3)(b) of that section. | 238 |
| (b) It has received the appropriate license or certificate | 255 |
|
for any
specialized education, training, treatment, habilitation, | 256 |
|
or
other service that it provides from the government agency that | 257 |
|
is responsible for licensing or certifying that type of
education, | 258 |
|
training, treatment, habilitation, or service. | 259 |
| (B) "Bad time" means the time by which the parole board | 263 |
|
administratively extends an offender's stated prison term or terms | 264 |
|
pursuant to
section 2967.11 of the Revised Code because the parole | 265 |
|
board
finds by clear and convincing evidence that the
offender, | 266 |
|
while serving the prison term or terms, committed an
act that is a | 267 |
|
criminal offense under the law of this state or the
United States, | 268 |
|
whether or not the offender is prosecuted for
the commission of | 269 |
|
that act. | 270 |
| (L) "Drug treatment program" means
any program under which a | 303 |
|
person undergoes assessment and treatment designed
to
reduce or | 304 |
|
completely eliminate the person's physical or emotional reliance | 305 |
|
upon alcohol, another drug, or alcohol and another drug and under | 306 |
|
which the person may be required to
receive assessment and | 307 |
|
treatment on an outpatient basis or may be required to
reside at a | 308 |
|
facility other than the person's home or residence while | 309 |
|
undergoing assessment and treatment. | 310 |
| (T) "Intensive probation supervision" means a
requirement | 351 |
|
that an offender maintain frequent contact with a
person appointed | 352 |
|
by the court, or by the parole board pursuant to section
2967.28 | 353 |
|
of the Revised Code, to supervise the offender while the
offender | 354 |
|
is seeking or maintaining necessary employment and
participating | 355 |
|
in training, education, and treatment programs as
required in the | 356 |
|
court's or parole board's order. "Intensive
probation | 357 |
|
supervision" includes intensive parole supervision and intensive | 358 |
|
post-release control supervision. | 359 |
| (W) "License violation report" means
a report that is made | 366 |
|
by a sentencing court, or by the parole board pursuant
to section | 367 |
|
2967.28 of the Revised Code, to the regulatory or
licensing board | 368 |
|
or agency that issued an offender a professional
license or a | 369 |
|
license or permit to do business
in this state and that specifies | 370 |
|
that the offender has been
convicted of or pleaded guilty to an | 371 |
|
offense that may violate the
conditions under which the offender's | 372 |
|
professional license or
license or permit to do business in this | 373 |
|
state was granted or an offense
for which the offender's | 374 |
|
professional license or license or permit to do
business in this | 375 |
|
state may be revoked or suspended. | 376 |
| (X) "Major drug offender" means an
offender who is convicted | 377 |
|
of or pleads guilty to the possession
of, sale of, or offer to | 378 |
|
sell any drug, compound, mixture,
preparation, or substance that | 379 |
|
consists of or contains at least
one thousand grams of hashish; at | 380 |
|
least one hundred
grams of crack cocaine; at least one thousand | 381 |
|
grams of cocaine that is not
crack cocaine; at least two thousand | 382 |
|
five hundred unit doses or two
hundred fifty grams of
heroin; at | 383 |
|
least five thousand unit doses of
L.S.D. or five hundred grams of | 384 |
|
L.S.D. in a
liquid concentrate, liquid extract, or liquid | 385 |
|
distillate form; or at least
one hundred times the
amount of any | 386 |
|
other schedule I or II controlled
substance other than marihuana | 387 |
|
that is necessary to commit a
felony of the third degree pursuant | 388 |
|
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised | 389 |
|
Code
that is based on the possession of, sale of, or offer to sell | 390 |
|
the
controlled substance. | 391 |
| (1) Subject to division (Y)(2) of this section,
the term in | 393 |
|
prison that must be imposed for the offenses or
circumstances set | 394 |
|
forth in divisions (F)(1) to (8) or
(F)(12) of section
2929.13 and | 395 |
|
division (D) of section 2929.14 of the
Revised Code. Except as | 396 |
|
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and | 397 |
|
2925.11 of the
Revised Code, unless the maximum or another | 398 |
|
specific term is required under section 2929.14 of the
Revised | 399 |
|
Code, a mandatory prison term described in this division may be | 400 |
|
any prison term authorized for the level of offense. | 401 |
| (1) The person has been convicted of or has pleaded
guilty | 435 |
|
to, and is being sentenced for committing, for
complicity in | 436 |
|
committing, or for an attempt to commit, aggravated murder, | 437 |
|
murder, involuntary manslaughter, a felony of the first degree | 438 |
|
other than one set forth in Chapter 2925. of the Revised
Code, a | 439 |
|
felony of the first degree set forth in Chapter
2925. of the | 440 |
|
Revised Code that involved an attempt
to cause serious physical | 441 |
|
harm to a person or that resulted in serious
physical harm to a | 442 |
|
person, or a
felony of the second degree that involved an attempt | 443 |
|
to cause serious physical
harm to a person
or that resulted in | 444 |
|
serious physical harm to a person. | 445 |
| (i) Aggravated murder, murder, involuntary manslaughter, | 450 |
|
rape, felonious
sexual penetration as it existed under
section | 451 |
|
2907.12 of the Revised Code prior to September 3,
1996, a felony | 452 |
|
of the first or second degree that resulted in the death
of a | 453 |
|
person or in physical harm to a person, or complicity in or an | 454 |
|
attempt
to commit any of those offenses; | 455 |
| (GG) "Stated prison term" means the
prison term, mandatory | 474 |
|
prison term, or combination of all
prison terms and mandatory | 475 |
|
prison terms imposed by the
sentencing court pursuant to section | 476 |
|
2929.14 or 2971.03 of the
Revised Code. "Stated prison term" | 477 |
|
includes any credit received by the offender for time spent in | 478 |
|
jail awaiting trial, sentencing, or transfer to prison for the | 479 |
|
offense and any time spent under house arrest or electronically | 480 |
|
monitored house arrest imposed after earning credits pursuant to | 481 |
|
section 2967.193 of the Revised Code. | 482 |
| (JJ) "Mandatory term of local
incarceration" means the term | 492 |
|
of sixty or one hundred twenty days in a jail, a
community-based | 493 |
|
correctional facility, a halfway house, or an alternative | 494 |
|
residential facility that a sentencing court may impose upon a | 495 |
|
person who is convicted of or pleads guilty to a fourth degree | 496 |
|
felony
OMVI offense pursuant to division (G)(1) of section
2929.13 | 497 |
|
of the Revised Code and division (A)(4) or (8) of section 4511.99 | 498 |
|
of
the
Revised Code. | 499 |
| (MM) An offense is "committed in the vicinity of a child"
if | 508 |
|
the offender commits the offense within thirty feet of or within | 509 |
|
the same
residential unit as a child who
is under eighteen years | 510 |
|
of age, regardless of whether the offender knows the
age of the | 511 |
|
child or whether the offender knows the offense is
being committed | 512 |
|
within thirty feet of or within the same residential unit as
the | 513 |
|
child and regardless of whether the child actually views the | 514 |
|
commission of
the offense. | 515 |
| Sec. 2929.13. (A) Except as provided in
division (E), (F), | 532 |
|
or (G) of this section and unless a
specific sanction is required | 533 |
|
to be imposed or is precluded from
being imposed pursuant to law, | 534 |
|
a court that imposes a sentence
upon an offender for a felony may | 535 |
|
impose any sanction or
combination of sanctions on the offender | 536 |
|
that are provided in
sections 2929.14 to 2929.18 of the Revised | 537 |
|
Code. The sentence shall not impose an unnecessary
burden on | 538 |
|
state or local government resources. | 539 |
| If the offender is eligible to be sentenced to community | 540 |
|
control sanctions,
the court shall consider the
appropriateness of | 541 |
|
imposing a financial sanction pursuant to
section 2929.18 of the | 542 |
|
Revised Code or
a sanction of community service
pursuant to | 543 |
|
section 2929.17 of the Revised Code
as the sole sanction for the | 544 |
|
offense. Except as otherwise provided in this
division, if the | 545 |
|
court is required
to impose a mandatory prison term for the | 546 |
|
offense for which
sentence is being imposed, the court also may | 547 |
|
impose a financial
sanction pursuant to section 2929.18 of the | 548 |
|
Revised
Code but may not impose any additional sanction or | 549 |
|
combination of sanctions under section 2929.16 or 2929.17 of the | 550 |
|
Revised Code. | 551 |
| If the offender is being sentenced for a fourth degree felony | 552 |
|
OMVI offense or for a third degree felony OMVI offense, in | 553 |
|
addition
to the mandatory term of local
incarceration or the | 554 |
|
mandatory prison term required for
the offense by
division (G)(1) | 555 |
|
or (2) of this section, the
court shall impose upon the offender a | 556 |
|
mandatory fine in accordance with
division (B)(3) of section | 557 |
|
2929.18 of the
Revised Code
and may impose whichever of the | 558 |
|
following is applicable: | 559 |
| (2)(a) If the court makes a finding
described in division | 601 |
|
(B)(1)(a), (b), (c), (d), (e), (f), (g),
(h), or (i) of this | 602 |
|
section and if the court, after
considering the factors set forth | 603 |
|
in section 2929.12 of the
Revised Code, finds that a prison term | 604 |
|
is consistent with the purposes and principles of sentencing set | 605 |
|
forth in section 2929.11 of the Revised
Code and finds that the | 606 |
|
offender is not amenable to an available
community control | 607 |
|
sanction, the court shall impose a
prison term upon the offender. | 608 |
| (b) Except as provided in division (E), (F), or (G) of this | 609 |
|
section, if the
court does not make a
finding described in | 610 |
|
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or
(i) of | 611 |
|
this section and if the court, after
considering the factors set | 612 |
|
forth in section 2929.12 of the
Revised
Code, finds that a | 613 |
|
community
control sanction or combination of community control | 614 |
|
sanctions
is consistent with the purposes and principles of | 615 |
|
sentencing set
forth in section 2929.11 of the
Revised
Code, the | 616 |
|
court shall impose a
community control sanction or combination of | 617 |
|
community control
sanctions upon the offender. | 618 |
| (C) Except as provided in division (E), (F), or (G) of this | 619 |
|
section, in
determining whether to impose a prison
term as a | 620 |
|
sanction for a felony of the
third degree or a felony drug offense | 621 |
|
that is a
violation of a provision of
Chapter 2925. of the
Revised | 622 |
|
Code and that is specified as
being subject to this division for | 623 |
|
purposes of sentencing, the
sentencing court shall comply with the | 624 |
|
purposes and principles
of sentencing under section 2929.11 of the | 625 |
|
Revised
Code and with section 2929.12
of the Revised Code. | 626 |
| (D) Except as provided in division (E)
or (F) of this | 627 |
|
section, for a felony of the first or
second degree and for a | 628 |
|
felony drug offense that is a violation
of any provision of | 629 |
|
Chapter 2925., 3719., or 4729. of the
Revised Code for which a | 630 |
|
presumption in favor of
a prison term is specified as being | 631 |
|
applicable, it is presumed
that a prison term is necessary in | 632 |
|
order to comply
with the purposes and principles of sentencing | 633 |
|
under section 2929.11 of the
Revised Code. Notwithstanding the | 634 |
|
presumption established
under this division, the sentencing court | 635 |
|
may
impose a community control sanction or a combination of | 636 |
|
community control
sanctions instead of a prison term on an | 637 |
|
offender for a felony of the first or
second degree or for a | 638 |
|
felony drug offense that is a violation of any
provision of | 639 |
|
Chapter 2925., 3719., or 4729. of the Revised Code for which a | 640 |
|
presumption in favor of a prison term is specified as being | 641 |
|
applicable if
it makes both of
the following findings: | 642 |
| (2) A community control sanction or a combination of | 649 |
|
community control
sanctions would not
demean the seriousness of | 650 |
|
the offense, because one or more
factors under section 2929.12 of | 651 |
|
the Revised
Code that indicate that the offender's conduct was | 652 |
|
less serious than
conduct normally constituting the offense are | 653 |
|
applicable, and they outweigh
the applicable factors under that | 654 |
|
section that indicate that the
offender's conduct was more
serious | 655 |
|
than conduct normally constituting the offense. | 656 |
| (E)(1) Except as provided in division
(F) of this section, | 657 |
|
for any drug offense that is a
violation of any provision of | 658 |
|
Chapter 2925.
of the Revised Code and that is a felony of the | 659 |
|
third, fourth, or fifth degree, the applicability of a
presumption | 660 |
|
under division (D) of this section in favor of a prison
term or of | 661 |
|
division (B) or (C) of this section in
determining
whether to | 662 |
|
impose a prison term for the offense shall be
determined as | 663 |
|
specified in section 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, | 664 |
|
2925.11, 2925.13, 2925.22, 2925.23,
2925.36, or
2925.37
of the | 665 |
|
Revised Code,
whichever is applicable regarding the
violation. | 666 |
| (F) Notwithstanding divisions (A) to
(E) of this section, | 681 |
|
the court shall impose a prison
term or terms under sections | 682 |
|
2929.02 to 2929.06, section 2929.14, or section
2971.03 of the | 683 |
|
Revised Code and except as specifically provided in
section | 684 |
|
2929.20 or 2967.191 of the Revised Code or when parole is | 685 |
|
authorized for the offense under section 2967.13 of the Revised | 686 |
|
Code shall not reduce the terms pursuant to section 2929.20, | 687 |
|
section
2967.193, or any other provision of
Chapter 2967. or | 688 |
|
Chapter 5120. of
the Revised Code for any of the following | 689 |
|
offenses: | 690 |
| (5) A first, second, or third degree felony drug
offense for | 704 |
|
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, | 705 |
|
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or | 706 |
|
4729.99 of the Revised Code, whichever is
applicable regarding the | 707 |
|
violation, requires the imposition of a
mandatory prison term; | 708 |
| (6) Any offense that is a first or second degree felony
and | 709 |
|
that is not set forth in division (F)(1), (2), (3), or (4)
of this | 710 |
|
section, if the offender previously was convicted of or
pleaded | 711 |
|
guilty to aggravated murder, murder, any first or
second degree | 712 |
|
felony, or an offense under an existing or former law
of this | 713 |
|
state, another state, or the United States that is
or was | 714 |
|
substantially equivalent to one of those offenses; | 715 |
| (1) If the offender is being sentenced for a fourth degree | 751 |
|
felony
OMVI offense, the court may impose upon the offender a | 752 |
|
mandatory term
of local incarceration
of sixty days as specified | 753 |
|
in division (A)(4) of section 4511.99 of
the Revised Code or a | 754 |
|
mandatory term of local incarceration of one hundred
twenty days | 755 |
|
as specified in division (A)(8) of that section. The court
shall | 756 |
|
not reduce the term pursuant to
section 2929.20, 2967.193, or any | 757 |
|
other provision of the Revised
Code. The court that imposes a | 758 |
|
mandatory term of local incarceration
under this division shall | 759 |
|
specify whether the term is to be served in a
jail, a | 760 |
|
community-based correctional
facility, a halfway house, or an | 761 |
|
alternative residential facility, and the
offender shall serve the | 762 |
|
term in the type of facility specified
by the court. A mandatory | 763 |
|
term of local incarceration imposed
under division (G)(1) of this | 764 |
|
section is not subject to extension
under section 2967.11 of the | 765 |
|
Revised Code, to a period of post-release control
under section | 766 |
|
2967.28 of the Revised Code, or to any other Revised Code | 767 |
|
provision that pertains to a prison term. | 768 |
| (2) If the offender is being sentenced for a third
degree | 769 |
|
felony OMVI offense,
or if the offender is being sentenced for a | 770 |
|
fourth degree felony OMVI
offense and the court does not impose a | 771 |
|
mandatory term of local incarceration
under division (G)(1) of | 772 |
|
this section, the court shall impose upon the
offender a mandatory | 773 |
|
prison term of sixty days as specified in division (A)(4)
of | 774 |
|
section 4511.99 of the Revised Code
or a mandatory prison term of | 775 |
|
one hundred twenty days as specified in division
(A)(8) of that | 776 |
|
section. The court shall not reduce the term pursuant
to section | 777 |
|
2929.20, 2967.193, or any other provision of the Revised Code. In | 778 |
|
no case shall an offender who once has been sentenced to a | 779 |
|
mandatory term
of local incarceration pursuant to division (G)(1) | 780 |
|
of this section for a
fourth degree felony OMVI offense be | 781 |
|
sentenced to another mandatory
term of local incarceration under | 782 |
|
that division for any violation of division
(A) of section 4511.19 | 783 |
|
of the Revised Code. The court shall not sentence the
offender to | 784 |
|
a
community control sanction under section 2929.16 or 2929.17 of | 785 |
|
the Revised
Code. The department of rehabilitation and correction | 786 |
|
may place an offender
sentenced to a mandatory prison term under | 787 |
|
this division in an intensive
program prison established pursuant | 788 |
|
to section 5120.033 of the Revised
Code if the department gave the | 789 |
|
sentencing judge prior notice of its intent to
place the offender | 790 |
|
in an intensive program prison established under that
section and | 791 |
|
if the judge did not notify the department that the judge | 792 |
|
disapproved the placement. Upon the establishment of the initial | 793 |
|
intensive
program prison pursuant to section 5120.033 of the | 794 |
|
Revised Code that is privately operated
and managed by a | 795 |
|
contractor pursuant to a contract entered into under section
9.06 | 796 |
|
of the Revised Code, both of the following apply: | 797 |
| (I) If an offender is being sentenced
for a sexually | 822 |
|
oriented offense committed on or after January 1,
1997, the judge | 823 |
|
shall
include in the sentence a summary of the
offender's duty to | 824 |
|
register pursuant to section 2950.04 of the Revised Code,
the | 825 |
|
offender's duty to provide notice of a change in residence address | 826 |
|
and
register the new residence address pursuant to section 2950.05 | 827 |
|
of the Revised
Code, the offender's duty to periodically verify | 828 |
|
the offender's current
residence address pursuant to section | 829 |
|
2950.06 of the Revised Code, and the
duration of the duties. The | 830 |
|
judge shall inform the offender, at the
time of sentencing, of | 831 |
|
those duties and of their duration and, if required
under division | 832 |
|
(A)(2) of section 2950.03 of
the Revised Code, shall perform the | 833 |
|
duties specified in that
section. | 834 |
| (J)(1) Except as
provided in division (J)(2) of
this | 835 |
|
section, when considering sentencing factors under this
section in | 836 |
|
relation to an offender who is convicted of or pleads
guilty to an | 837 |
|
attempt to commit an offense in violation of
section 2923.02 of | 838 |
|
the Revised Code, the sentencing court
shall consider the factors | 839 |
|
applicable to the felony category of
the violation of section | 840 |
|
2923.02 of the Revised
Code instead of the factors
applicable to | 841 |
|
the felony category of the offense
attempted. | 842 |
| (2) When considering sentencing factors under this
section | 843 |
|
in relation to an offender who is convicted of or pleads
guilty to | 844 |
|
an attempt to commit a drug abuse offense for which
the penalty is | 845 |
|
determined by the amount or number of unit doses
of the controlled | 846 |
|
substance involved in the drug abuse offense,
the sentencing court | 847 |
|
shall consider the factors applicable to
the felony category that | 848 |
|
the drug abuse offense attempted would
be if that drug abuse | 849 |
|
offense had been committed and had
involved an amount or number of | 850 |
|
unit doses of the controlled
substance that is within the next | 851 |
|
lower range of controlled substance amounts
than was involved in | 852 |
|
the attempt. | 853 |
| Sec. 2929.14. (A) Except as provided in
division (C), | 856 |
|
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this
section and except | 857 |
|
in relation to an offense for which a sentence
of death or life | 858 |
|
imprisonment is to be imposed, if the court
imposing a sentence | 859 |
|
upon an offender for a felony elects or is
required to impose a | 860 |
|
prison term on the offender pursuant to this
chapter and is not | 861 |
|
prohibited by division (G)(1) of section 2929.13 of the
Revised | 862 |
|
Code from imposing a prison term on the offender, the court shall | 863 |
|
impose a definite prison term that shall
be one of the following: | 864 |
| (4) For a felony of the fourth degree, the prison term
shall | 871 |
|
be six, seven, eight, nine, ten, eleven, twelve, thirteen, | 872 |
|
fourteen, fifteen, sixteen, seventeen, or eighteen months. | 873 |
| (B) Except as provided in division (C),
(D)(1), (D)(2), | 876 |
|
(D)(3), or (G) of this section, in section 2907.02
of the Revised | 877 |
|
Code, or in Chapter
2925. of the Revised Code, if the court | 878 |
|
imposing a sentence upon an offender for a felony elects or is | 879 |
required to impose a prison term on the offender
and if the | 880 |
offender previously has not served a prison term, the court shall | 881 |
|
impose the shortest prison term authorized for the offense | 882 |
pursuant to division (A) of this section, unless
theone or more | 883 |
|
of the following applies: | 884 |
| (C) Except as provided in division (G) of this section or in | 891 |
|
Chapter 2925. of
the Revised Code, the court imposing a sentence | 892 |
|
upon an
offender for a felony may impose the longest prison term | 893 |
|
authorized for the offense pursuant to division (A) of
this | 894 |
|
section only upon offenders who committed the worst forms of
the | 895 |
|
offense, upon offenders who pose the greatest likelihood of | 896 |
|
committing future crimes, upon certain major drug offenders under | 897 |
|
division (D)(3) of this section, and upon certain repeat
violent | 898 |
|
offenders in accordance with division (D)(2) of
this section. | 899 |
| (b) If a
court imposes a prison term on
an
offender under | 924 |
|
division (D)(1)(a) of this section, the prison
term shall not be | 925 |
|
reduced pursuant to section 2929.20, section 2967.193,
or
any | 926 |
|
other provision of Chapter 2967. or Chapter 5120. of the
Revised | 927 |
|
Code. A court shall not
impose more than one prison term on an | 928 |
|
offender under
division (D)(1)(a) of this section for felonies | 929 |
|
committed as part of
the same act or transaction. | 930 |
| (c) Except as provided in division
(D)(1)(e)
of this | 931 |
|
section, if an offender who is convicted of or pleads
guilty to a | 932 |
|
violation of section 2923.161 of the
Revised
Code or to a felony | 933 |
|
that includes,
as an essential element, purposely or knowingly | 934 |
|
causing or
attempting to cause the death of or physical harm to | 935 |
|
another,
also is convicted of or pleads guilty to a specification | 936 |
|
of the
type described in section 2941.146 of the
Revised
Code that | 937 |
|
charges the offender
with committing the offense by discharging a | 938 |
|
firearm from a
motor vehicle other than a manufactured
home, the | 939 |
|
court, after imposing
a prison term on the offender for the | 940 |
|
violation of section
2923.161 of the Revised
Code or for the other | 941 |
|
felony
offense under division (A), (D)(2), or (D)(3) of this | 942 |
|
section, shall
impose an additional prison term of five years upon | 943 |
|
the offender
that shall not be reduced pursuant to section | 944 |
|
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 945 |
|
or Chapter 5120. of the Revised Code. A
court shall not impose | 946 |
|
more than one additional prison term on an offender under
division | 947 |
|
(D)(1)(c) of this section for felonies committed as
part of the | 948 |
|
same
act or transaction. If a court imposes an additional prison | 949 |
|
term on an
offender under division (D)(1)(c) of this section | 950 |
|
relative to an offense, the court also shall
impose a prison term | 951 |
|
under division
(D)(1)(a) of this section
relative to the same | 952 |
|
offense, provided the criteria specified in that division
for | 953 |
|
imposing an additional prison term are satisfied relative to the | 954 |
|
offender
and the offense. | 955 |
| (d)
If an offender who is convicted of or pleads guilty to | 956 |
|
an offense
of violence that is a felony also is convicted of or | 957 |
|
pleads guilty to a
specification of the type described in section | 958 |
|
2941.1411 of the Revised Code that charges the
offender with | 959 |
|
wearing or carrying body armor
while committing the felony offense | 960 |
|
of violence, the court shall
impose on the offender a prison term | 961 |
|
of two years. The prison
term so imposed shall not be reduced | 962 |
|
pursuant to section 2929.20,
section 2967.193, or any other | 963 |
provision of
chapterChapter 2967. or
chapterChapter 5120. of the | 964 |
|
Revised Code. A court shall not impose more
than one prison term | 965 |
|
on an offender under division
(D)(1)(d) of this section for | 966 |
|
felonies committed as
part of
the same act or transaction. If a | 967 |
|
court imposes an additional prison
term under division (D)(1)(a) | 968 |
|
or (c)
of this section, the
court is not precluded from imposing | 969 |
|
an additional prison term under
division (D)(1)(d) of this | 970 |
|
section. | 971 |
| (e) The court shall not impose any of the
prison terms | 972 |
|
described in division
(D)(1)(a)
of this section or any of the | 973 |
|
additional prison terms described in
division (D)(1)(c) of this | 974 |
|
section upon an
offender for a
violation of section
2923.12 or | 975 |
|
2923.123 of the Revised Code. The court shall not
impose any of | 976 |
|
the prison terms described in
division
(D)(1)(a) of this section | 977 |
|
or any of the additional prison terms
described in division | 978 |
|
(D)(1)(c) of this section
upon an offender for a violation of | 979 |
|
section 2923.13 of the
Revised Code unless all of the following | 980 |
|
apply: | 981 |
| (2)(a) If an offender who is
convicted of or pleads guilty | 987 |
|
to a felony also is convicted of or pleads
guilty to a | 988 |
|
specification of the type described in section 2941.149 of the | 989 |
|
Revised Code
that the
offender is a repeat
violent offender, the | 990 |
|
court shall
impose a prison term from the range of terms | 991 |
|
authorized for the offense
under division (A) of this section
that | 992 |
|
may be the longest term in the range and that shall not be reduced | 993 |
|
pursuant to section 2929.20, section 2967.193, or
any other | 994 |
|
provision of Chapter 2967. or Chapter 5120. of the
Revised
Code. | 995 |
|
If the court finds that the
repeat violent offender, in committing | 996 |
|
the offense, caused any
physical harm that carried a substantial | 997 |
|
risk of death to a
person or that involved substantial permanent | 998 |
|
incapacity or
substantial permanent disfigurement of a person,
the | 999 |
|
court shall impose the longest prison term from the range of terms | 1000 |
|
authorized for the
offense under division (A) of this section. | 1001 |
| (b) If the court imposing a prison term on a
repeat violent | 1002 |
|
offender imposes the longest prison term
from the range of terms | 1003 |
|
authorized for the offense under division
(A) of this section, the | 1004 |
|
court may impose on the offender
an additional definite prison | 1005 |
|
term of one, two, three, four,
five, six, seven, eight, nine, or | 1006 |
|
ten years if the court finds
that both of the following apply with | 1007 |
|
respect to the prison terms
imposed on the offender pursuant to | 1008 |
|
division
(D)(2)(a) of this section and, if
applicable, divisions | 1009 |
|
(D)(1) and (3) of this section: | 1010 |
| (ii) The terms so imposed are demeaning to the
seriousness | 1017 |
|
of the offense, because one or more of the factors
under section | 1018 |
|
2929.12 of the Revised Code
indicating that the offender's conduct | 1019 |
|
is more serious than conduct normally
constituting the offense are | 1020 |
|
present, and they outweigh the applicable
factors under that | 1021 |
|
section indicating that the offender's
conduct is
less serious | 1022 |
|
than conduct normally constituting the offense. | 1023 |
| (3)(a) Except when an offender commits a
violation of | 1024 |
|
section 2903.01 or 2907.02 of the
Revised Code and the penalty | 1025 |
|
imposed for the
violation is life imprisonment or commits a | 1026 |
|
violation of section
2903.02 of the Revised Code, if the offender | 1027 |
|
commits a violation of section 2925.03 or 2925.11 of
the Revised | 1028 |
|
Code and that section classifies the offender as a major drug | 1029 |
|
offender and requires the
imposition of a ten-year prison term on | 1030 |
|
the offender, if
the offender commits a felony violation of | 1031 |
section 2925.02,
2925.04, 2925.05,
2925.36, 3719.07, 3719.08, | 1032 |
|
3719.16, 3719.161, 4729.37, or
4729.61, division (C) or (D) of | 1033 |
|
section 3719.172, division
(C) of section 4729.51, or division (J) | 1034 |
|
of section 4729.54
of the Revised Code that includes the sale, | 1035 |
|
offer to sell,
or possession of a schedule
I or II controlled | 1036 |
|
substance, with the exception of
marihuana, and the
court imposing | 1037 |
|
sentence upon the offender finds
that the offender is guilty of a | 1038 |
|
specification of the type
described in section 2941.1410 of the | 1039 |
|
Revised Code charging
that the offender is a
major drug offender, | 1040 |
|
or if the court imposing sentence upon an offender for
a felony | 1041 |
|
finds that the offender is guilty
of corrupt activity with the | 1042 |
|
most serious offense in the pattern
of corrupt activity being a | 1043 |
|
felony of the first degree or is guilty of
an attempted forcible | 1044 |
|
violation of section 2907.02 of the Revised Code with
the victim | 1045 |
|
being under
thirteen years of age and that attempted violation is | 1046 |
|
the felony
for which sentence is being imposed, the court shall | 1047 |
|
impose upon
the offender for the felony violation a ten-year | 1048 |
|
prison term that
cannot be reduced pursuant to section 2929.20 or | 1049 |
|
Chapter
2967. or 5120. of the Revised Code. | 1050 |
| (b) The court imposing a prison term on an
offender under | 1051 |
|
division (D)(3)(a) of this
section may impose an additional prison | 1052 |
|
term of one, two, three,
four, five, six, seven, eight, nine, or | 1053 |
|
ten years, if the court,
with respect to the term imposed under | 1054 |
|
division
(D)(3)(a) of this section and, if
applicable, divisions | 1055 |
|
(D)(1) and (2) of this section,
makes both of the findings set | 1056 |
|
forth in divisions
(D)(2)(b)(i) and (ii) of this section. | 1057 |
| (4) If the offender is being sentenced for a third or fourth | 1058 |
|
degree felony
OMVI offense under division (G)(2) of section | 1059 |
|
2929.13 of the Revised
Code,
the sentencing court shall impose | 1060 |
|
upon the offender a mandatory prison term in
accordance with that | 1061 |
|
division. In addition to the mandatory prison term, the | 1062 |
|
sentencing court may sentence the offender to an additional prison | 1063 |
|
term of any
duration specified in division (A)(3) of this section | 1064 |
|
minus the sixty or one
hundred twenty days imposed upon the | 1065 |
|
offender as the mandatory prison term.
The total of the | 1066 |
|
additional prison term imposed under division (D)(4) of this | 1067 |
|
section
plus the sixty or one hundred twenty days imposed as the | 1068 |
|
mandatory prison term
shall equal one of
the authorized prison | 1069 |
|
terms specified in division (A)(3) of this section. If
the court | 1070 |
|
imposes an additional prison term under division (D)(4) of this | 1071 |
|
section, the offender shall serve the additional prison term after | 1072 |
|
the
offender has served the mandatory prison term required for the | 1073 |
|
offense. The
court shall not sentence the offender to a community | 1074 |
|
control sanction under
section 2929.16 or 2929.17 of the Revised | 1075 |
|
Code. | 1076 |
| (E)(1)(a) Subject to division
(E)(1)(b) of this section, if | 1077 |
|
a mandatory prison term
is imposed
upon an offender pursuant to | 1078 |
|
division (D)(1)(a) of this
section for having a firearm on or | 1079 |
|
about the offender's person or under the
offender's
control while | 1080 |
|
committing a felony, if a mandatory prison term
is imposed
upon an | 1081 |
|
offender pursuant to division (D)(1)(c) of
this section for | 1082 |
|
committing a felony specified in that division by discharging
a | 1083 |
|
firearm from a motor vehicle, or if both types of mandatory prison | 1084 |
|
terms
are imposed, the offender shall serve
any mandatory prison | 1085 |
|
term
imposed under either division
consecutively to any other | 1086 |
|
mandatory prison term imposed under either division
or under | 1087 |
|
division (D)(1)(d) of this
section,
consecutively to and prior to | 1088 |
|
any prison term
imposed for the underlying felony pursuant to | 1089 |
|
division (A),
(D)(2), or (D)(3) of this section or any other | 1090 |
|
section of the Revised Code, and consecutively to any other prison | 1091 |
|
term
or
mandatory prison term previously or subsequently imposed | 1092 |
|
upon the
offender. | 1093 |
| (b) If a mandatory prison term is imposed upon an offender | 1094 |
|
pursuant to division (D)(1)(d) of this section for
wearing or | 1095 |
|
carrying body armor while committing an offense of violence that | 1096 |
|
is a felony,
the offender shall serve the mandatory
term so | 1097 |
|
imposed consecutively to any other mandatory prison term
imposed | 1098 |
|
under that division or under division (D)(1)(a)
or (c) of
this | 1099 |
|
section, consecutively to and prior to any prison term imposed for | 1100 |
|
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 1101 |
|
this section or any other section of the Revised Code, and | 1102 |
|
consecutively to any other
prison term or mandatory prison term | 1103 |
|
previously or subsequently
imposed upon the offender. | 1104 |
| (2) If an offender who is an inmate in a jail, prison,
or | 1105 |
|
other residential detention facility violates section 2917.02, | 1106 |
|
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 1107 |
|
who is under detention at a detention facility commits a felony | 1108 |
|
violation of section 2923.131 of the Revised Code, or if an | 1109 |
|
offender who is an
inmate in a jail, prison, or other residential | 1110 |
|
detention facility or is under
detention at a detention facility | 1111 |
|
commits another felony while the offender is
an
escapee in | 1112 |
|
violation of
section 2921.34 of the Revised Code, any prison
term | 1113 |
|
imposed upon the offender for one of those violations
shall be | 1114 |
|
served by the offender consecutively to the prison term or term of | 1115 |
|
imprisonment the offender
was serving when the offender committed | 1116 |
|
that offense and to any other prison
term previously or | 1117 |
|
subsequently imposed upon the offender. | 1118 |
| (4) If multiple prison terms are imposed on an offender
for | 1125 |
|
convictions of multiple offenses, the court may require the | 1126 |
|
offender to serve the prison terms consecutively if the court | 1127 |
|
finds that the consecutive service is necessary to protect the | 1128 |
|
public from future crime or to punish the offender and that | 1129 |
|
consecutive sentences are not disproportionate to the seriousness | 1130 |
|
of the
offender's conduct and to the danger the offender
poses to | 1131 |
|
the public, and if the court also finds any
of the following: | 1132 |
| (F) If a court imposes a prison term of a type
described in | 1150 |
|
division (B) of section 2967.28 of the
Revised Code, it shall | 1151 |
|
include in the sentence a
requirement that the offender be subject | 1152 |
|
to a period of
post-release control after the offender's release | 1153 |
|
from imprisonment, in
accordance with that division. If a court | 1154 |
|
imposes a prison term
of a type described in division (C) of that | 1155 |
|
section, it
shall include in the sentence a requirement that the | 1156 |
|
offender be
subject to a period of post-release control after the | 1157 |
|
offender's release
from imprisonment, in accordance with that | 1158 |
|
division, if the
parole board determines that a period of | 1159 |
|
post-release control is
necessary. | 1160 |
| (G) If a person is convicted of or pleads guilty to a | 1161 |
|
sexually violent
offense and also is convicted of or pleads guilty | 1162 |
|
to a sexually violent
predator specification that was included in | 1163 |
|
the indictment, count in the
indictment, or information charging | 1164 |
|
that offense, the court shall impose
sentence upon the offender in | 1165 |
|
accordance with section 2971.03 of the Revised
Code, and Chapter | 1166 |
|
2971. of the Revised Code applies regarding the prison term
or | 1167 |
|
term of life imprisonment without parole imposed upon the offender | 1168 |
|
and the
service of that term of imprisonment. | 1169 |
| (I) If an offender who is convicted of or pleads guilty to a | 1177 |
|
felony that is an offense of violence
also is convicted of or | 1178 |
|
pleads guilty to a specification of the
type described in section | 1179 |
|
2941.142 of the
Revised Code that charges the offender with having | 1180 |
|
committed
the felony while participating in a criminal gang, the | 1181 |
|
court shall impose upon
the offender an additional prison term of | 1182 |
|
one, two, or three years. | 1183 |
| (J) If an offender who is convicted of or pleads guilty to | 1184 |
|
aggravated murder, murder, or a
felony of the first, second, or | 1185 |
|
third degree that is an
offense of violence also is convicted of | 1186 |
|
or pleads guilty to a
specification of the type described in | 1187 |
|
section 2941.143 of the
Revised
Code that charges the offender | 1188 |
|
with having committed the offense in a school safety
zone or | 1189 |
|
towards a person in a school safety zone, the court shall impose | 1190 |
|
upon the offender an additional prison term of two years. The | 1191 |
|
offender shall
serve the additional two years consecutively to and | 1192 |
|
prior to the prison term
imposed for the underlying offense. | 1193 |
(K) At the time of sentencing, the court
shall determine if | 1194 |
an
offender is eligible for placement in a program of shock | 1195 |
incarceration under
section 5120.031 of the Revised Code or is | 1196 |
eligible for placement in an intensive program
prison under | 1197 |
section 5120.032 of the Revised Code. The court may recommend the | 1198 |
offender for
placement in a program of shock incarceration, if | 1199 |
eligible,under section 5120.031 of the Revised Code or for | 1200 |
placement
in an intensive program prison, if eligibleunder | 1201 |
|
section 5120.032 of the Revised Code, disapprove placement of the | 1202 |
offender in a program of shock incarceration or
in an intensive | 1203 |
program
prison, regardless of eligibilityof that nature, or make | 1204 |
|
no recommendation on placement of
the offender.
In no case shall | 1205 |
|
the department of rehabilitation and correction place the offender | 1206 |
|
in a program or prison of that nature unless the department | 1207 |
|
determines as specified in section 5120.031 or 5120.032 of the | 1208 |
|
Revised Code, whichever is applicable, that the offender is | 1209 |
|
eligible for the placement. | 1210 |
| If the court does not make a recommendation under this | 1227 |
division with
respect to an
eligible offender
and if the | 1228 |
|
department determines as specified in section 5120.031 or 5120.032 | 1229 |
|
of the Revised Code, whichever is applicable, that the offender is | 1230 |
|
eligible for placement in a program or prison of that nature, the | 1231 |
|
department shall screen the offender and
determine if there is an | 1232 |
|
available program of shock incarceration or an
intensive program | 1233 |
|
prison for which the offender is suited. If there is an
available | 1234 |
|
program of shock incarceration or an intensive program prison for | 1235 |
|
which the offender is suited, the department shall notify the | 1236 |
|
court of the
proposed placement of the offender
as specified in | 1237 |
|
section 5120.031 or 5120.032 of the Revised Code and shall include | 1238 |
|
with the notice a brief
description of the placement. The court | 1239 |
|
shall have ten days from receipt of
the notice to disapprove the | 1240 |
|
placement. | 1241 |
| Sec. 2929.19. (A)(1) The court shall hold a sentencing | 1242 |
|
hearing
before imposing a sentence
under this chapter upon an | 1243 |
|
offender who was convicted of or
pleaded guilty to a felony and | 1244 |
|
before resentencing an offender
who was convicted of or pleaded | 1245 |
|
guilty to a felony and whose case
was remanded pursuant to section | 1246 |
|
2953.07 or 2953.08 of the Revised
Code. At the hearing, the | 1247 |
|
offender, the prosecuting attorney, the victim or
the victim's | 1248 |
|
representative in accordance with section 2930.14 of
the Revised | 1249 |
|
Code, and, with the approval of the
court, any other person may | 1250 |
|
present information relevant to the
imposition of sentence in the | 1251 |
|
case. The court shall inform the
offender of the verdict of the | 1252 |
|
jury or finding of the court and
ask the offender whether the | 1253 |
|
offender has anything to say as to why
sentence should not be | 1254 |
|
imposed upon the offender. | 1255 |
| (2) Except as otherwise provided in this division, before | 1256 |
|
imposing sentence on an offender who is being
sentenced for a | 1257 |
|
sexually oriented offense that was committed on or after
January | 1258 |
|
1, 1997,
and that is not a sexually violent offense,
and before | 1259 |
|
imposing sentence on an offender who is being sentenced for a | 1260 |
|
sexually violent offense committed on or after January 1,
1997, | 1261 |
|
and who was not
charged with a sexually violent
predator | 1262 |
|
specification in the indictment, count in the indictment, or | 1263 |
|
information charging the sexually violent offense, the court shall | 1264 |
|
conduct a
hearing in accordance with division (B)
of section | 1265 |
|
2950.09 of the Revised Code to
determine whether the offender is a | 1266 |
|
sexual predator. The court shall not
conduct a hearing under that | 1267 |
|
division if the offender is being sentenced for a
sexually violent | 1268 |
|
offense and a sexually violent predator specification was
included | 1269 |
|
in the
indictment, count in the indictment, or information | 1270 |
|
charging the
sexually violent offense. Before imposing sentence | 1271 |
|
on an
offender who is being sentenced for a sexually oriented | 1272 |
|
offense,
the court also shall comply with division (E) of section | 1273 |
|
2950.09 of
the Revised Code. | 1274 |
| (B)(1) At the sentencing hearing, the court,
before imposing | 1275 |
|
sentence, shall consider the record,
any information presented at | 1276 |
|
the hearing by any person pursuant
to division (A) of this | 1277 |
|
section, and, if one was
prepared, the presentence investigation | 1278 |
|
report made pursuant to
section 2951.03 of the Revised Code or | 1279 |
|
Criminal Rule 32.2, and any victim impact
statement made pursuant | 1280 |
|
to section 2947.051 of the
Revised Code. | 1281 |
| (a) Unless the offense is a sexually violent offense for | 1285 |
|
which
the court is required to impose sentence pursuant to | 1286 |
|
division (G) of
section 2929.14 of the Revised Code, if it imposes | 1287 |
|
a prison term for a felony
of the fourth or fifth degree or for a | 1288 |
|
felony drug
offense that is a violation of a provision of
Chapter | 1289 |
|
2925. of the Revised Code and that is specified as
being subject | 1290 |
|
to division (B)
of section 2929.13 of the Revised Code for | 1291 |
|
purposes of
sentencing, its reasons for imposing the prison term, | 1292 |
|
based upon the overriding purposes and principles of felony | 1293 |
|
sentencing set
forth in section 2929.11 of the Revised Code, and | 1294 |
|
any factors
listed in divisions (B)(1)(a) to (i) of section | 1295 |
|
2929.13 of
the Revised
Code that it found to apply relative to the | 1296 |
|
offender. | 1297 |
| (b) If it does not impose a
prison term for a felony of the | 1298 |
|
first or second degree or for
a felony drug offense that is a | 1299 |
|
violation of a
provision of Chapter 2925. of
the Revised Code and | 1300 |
|
for which a
presumption in favor of a prison term is specified as | 1301 |
|
being
applicable, its reasons for not imposing the prison term and | 1302 |
|
for
overriding the presumption, based upon the overriding purposes | 1303 |
|
and principles of felony sentencing set forth in section 2929.11 | 1304 |
|
of the Revised Code, and the basis of the findings it made under | 1305 |
|
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code. | 1306 |
| (e) Notify the offender that, if a
period of supervision is | 1339 |
|
imposed following
the
offender's release from prison, as described | 1340 |
|
in division
(B)(3)(c) or (d) of this
section, and if the offender | 1341 |
|
violates that supervision or a condition of
post-release control | 1342 |
|
imposed under division (B) of section 2967.131 of the
Revised | 1343 |
|
Code, the parole board may
impose a prison
term, as part of the | 1344 |
|
sentence, of up to one-half of the stated
prison term originally | 1345 |
|
imposed
upon the offender; | 1346 |
| (f) Require that the offender not ingest or be injected with | 1347 |
|
a drug of abuse
and submit to random drug testing as provided in | 1348 |
|
section 341.26, 753.33, or
5120.63 of the Revised Code, whichever | 1349 |
|
is applicable to the offender who is
serving a prison term, and | 1350 |
|
require that the results of the drug test
administered under any | 1351 |
|
of those sections indicate that the offender did not
ingest or was | 1352 |
|
not injected with a drug of abuse. | 1353 |
| (4) If the offender is being sentenced for a sexually | 1354 |
|
violent offense
that the offender committed on or after January 1, | 1355 |
|
1997,
and the offender also is convicted of or pleads guilty to a | 1356 |
|
sexually
violent predator specification that was included in the | 1357 |
|
indictment, count in
the indictment, or information charging the | 1358 |
|
sexually violent offense or if the
offender is being sentenced for | 1359 |
|
a sexually oriented offense that the offender
committed on or | 1360 |
|
after
January 1, 1997, and the court
imposing the sentence has | 1361 |
|
determined pursuant to division (B) of
section 2950.09 of
the | 1362 |
|
Revised Code that the offender is a sexual predator, the
court | 1363 |
|
shall include in the offender's sentence a statement that
the | 1364 |
|
offender has been adjudicated as being a sexual predator and shall | 1365 |
|
comply with the requirements of section 2950.03 of the Revised | 1366 |
|
Code. Additionally, in the circumstances described in division | 1367 |
|
(G) of section 2929.14 of the Revised Code, the court shall impose | 1368 |
|
sentence on
the offender as described in that division. | 1369 |
| (5) If the sentencing court determines at the
sentencing | 1370 |
|
hearing that a community control sanction should be
imposed and | 1371 |
|
the court is not prohibited from imposing a community control | 1372 |
|
sanction, the court shall impose a community control sanction.
The | 1373 |
|
court shall notify the offender that, if the conditions of the | 1374 |
|
sanction are violated, if
the offender commits a violation of any | 1375 |
|
law, or if the offender leaves this
state without the permission | 1376 |
|
of the court or the offender's probation
officer, the court
may | 1377 |
|
impose a longer time under
the same sanction, may impose a more | 1378 |
|
restrictive sanction, or may
impose a prison term on the offender | 1379 |
|
and shall indicate the
specific prison term that may be imposed as | 1380 |
|
a sanction for the
violation, as selected by the court from the | 1381 |
|
range of prison
terms for the offense pursuant to section 2929.14 | 1382 |
|
of the
Revised Code. | 1383 |
| (C)(1) If the offender is being sentenced for a fourth | 1388 |
|
degree felony
OMVI offense under division (G)(1) of
section | 1389 |
|
2929.13 of the Revised Code, the court shall impose the mandatory | 1390 |
|
term
of local
incarceration in accordance with that division, | 1391 |
|
shall impose a mandatory fine
in accordance with division (B)(3) | 1392 |
|
of section 2929.18 of the Revised Code,
and, in addition, may | 1393 |
|
impose additional sanctions as specified in sections
2929.15, | 1394 |
|
2929.16, 2929.17, and 2929.18 of the Revised Code. The court | 1395 |
|
shall
not impose a prison term on the offender. | 1396 |
| (2) If the offender is being sentenced for a third or fourth | 1397 |
|
degree felony
OMVI offense under division (G)(2) of
section | 1398 |
|
2929.13 of the Revised Code, the court shall impose the mandatory | 1399 |
|
prison term in accordance with that
division, shall impose a | 1400 |
|
mandatory fine in accordance with division (B)(3) of
section | 1401 |
|
2929.18 of the Revised Code, and, in addition, may impose an | 1402 |
|
additional prison term as specified in section 2929.14 of the | 1403 |
|
Revised Code.
The court shall not impose any community control | 1404 |
|
sanction on the offender. | 1405 |
(D)
If theThe sentencing court
determines at the sentencing | 1406 |
hearing
that an offender is eligible for placement in a program of | 1407 |
shock incarceration
under section 5120.031 of the Revised Code or | 1408 |
in an intensive program prison
under section
5120.032 of the | 1409 |
Revised Code, the court, pursuant to division (K) of
section | 1410 |
|
2929.14 of the Revised Code, may recommend placement of the | 1411 |
|
offender in a program of
shock incarceration
under section | 1412 |
|
5120.031 of the Revised Code or an intensive program prison
under | 1413 |
|
section 5120.032 of the Revised Code, disapprove placement of
the | 1414 |
|
offender in a program or prison of that nature, or make no | 1415 |
recommendation.
TheIf the court
recommends or disapproves | 1416 |
|
placement, it shall make a finding that gives its reasons for its | 1417 |
|
recommendation
or disapproval. | 1418 |
| (5) If the offender's
stated prison term includes a | 1465 |
|
mandatory prison
term, the offender shall file the
motion within | 1466 |
|
the time authorized under division (B)(1), (2),
(3), or (4) of | 1467 |
|
this
section for the
nonmandatory portion of the prison term, but | 1468 |
|
the time
for filing the motion does not begin to run until after | 1469 |
|
the expiration of
the mandatory portion of the prison term. | 1470 |
| (C) Upon receipt of a timely motion for
judicial release | 1471 |
|
filed by an eligible offender under division
(B) of this section | 1472 |
|
or upon the sentencing court's own
motion made within the | 1473 |
|
appropriate time period specified in that
division, the court may | 1474 |
|
schedule a hearing on the motion. The
court may deny the motion | 1475 |
|
without a hearing but shall not grant
the motion without a | 1476 |
|
hearing. If a court denies
a motion without a hearing, the court | 1477 |
|
may
consider a subsequent
judicial release for that eligible | 1478 |
|
offender on its own motion
or a
subsequent motion filed by that | 1479 |
|
eligible
offender. If a court denies a motion after a hearing, | 1480 |
|
the court shall
not
consider a subsequent motion for that eligible | 1481 |
|
offender. The court shall
hold only one hearing for any eligible | 1482 |
|
offender. | 1483 |
| A hearing under this section shall be conducted in open court | 1484 |
|
within sixty days after the date on which the motion is filed, | 1485 |
|
provided that the court may delay the hearing for a period not to | 1486 |
|
exceed one hundred eighty additional days. If the court
holds a | 1487 |
|
hearing on the motion, the court shall enter a
ruling
on the | 1488 |
|
motion within ten days after the hearing. If the court
denies the | 1489 |
|
motion without a hearing, the court shall enter its
ruling on the | 1490 |
|
motion within sixty days after the motion is filed. | 1491 |
| (D) If a court schedules a hearing under division (C) of | 1492 |
|
this
section, the court
shall notify the eligible offender of the | 1493 |
|
hearing. The eligible offender promptly shall give a copy
of
the | 1494 |
|
notice of the hearing to the head of the state
correctional | 1495 |
|
institution in which the eligible offender is confined. If the | 1496 |
|
court schedules a hearing for judicial release,
the court promptly | 1497 |
|
shall give notice of the hearing to the
prosecuting attorney of | 1498 |
|
the county in which the eligible offender
was indicted. Upon | 1499 |
|
receipt of the notice from the court, the
prosecuting attorney | 1500 |
|
shall notify the victim of the offense for
which the stated prison | 1501 |
|
term was imposed or the victim's
representative, pursuant to | 1502 |
|
section 2930.16 of the
Revised Code, of the hearing. | 1503 |
| (E) Prior to the date of the hearing on a
motion for | 1504 |
|
judicial release under this section, the head of the
state | 1505 |
|
correctional institution in which the eligible
offender in | 1506 |
|
question is confined shall send to the court a report
on the | 1507 |
|
eligible offender's conduct in the institution and in any | 1508 |
|
institution from which the eligible offender may have been | 1509 |
|
transferred. The report shall cover the eligible offender's | 1510 |
|
participation in school, vocational training, work, treatment,
and | 1511 |
|
other rehabilitative activities and any disciplinary action
taken | 1512 |
|
against the eligible offender. The report shall be made
part of | 1513 |
|
the record of the hearing. | 1514 |
| (F) If the court grants a hearing on a motion
for judicial | 1515 |
|
release under this section, the eligible offender
shall attend the | 1516 |
|
hearing if ordered to do so by the court. Upon
receipt of a copy | 1517 |
|
of the journal entry containing the order, the
head of the state | 1518 |
|
correctional institution in which the
eligible offender is | 1519 |
|
incarcerated shall deliver the eligible
offender to the sheriff of | 1520 |
|
the county in which the hearing is to
be held. The sheriff shall | 1521 |
|
convey the eligible offender to the
hearing and return the | 1522 |
|
offender to the institution after the
hearing. | 1523 |
| (G) At the hearing on a motion for judicial
release under | 1524 |
|
this section, the court shall afford the eligible
offender and the | 1525 |
|
eligible offender's attorney an
opportunity to
present written | 1526 |
|
information relevant to the
motion and shall afford the eligible | 1527 |
|
offender, if present, and the eligible
offender's attorney an | 1528 |
|
opportunity to present oral information relevant
to the motion.
| 1529 |
|
The court shall afford a similar opportunity to the
prosecuting | 1530 |
|
attorney, the victim or the victim's representative,
as defined in | 1531 |
|
section 2930.01 of the Revised
Code, and any other person the | 1532 |
|
court determines is
likely to present additional relevant | 1533 |
|
information. The court
shall consider any statement of a victim | 1534 |
|
made pursuant to section
2930.14 or 2930.17 of the Revised Code, | 1535 |
|
any
victim impact statement prepared pursuant to section 2947.051 | 1536 |
|
of
the Revised Code, and any report made under division (E) of | 1537 |
|
this section. After ruling on the motion,
the court shall notify | 1538 |
|
the victim of the ruling in accordance
with sections 2930.03 and | 1539 |
|
2930.16 of the Revised
Code. | 1540 |
| (H)(1) A court shall not grant a judicial
release under this | 1541 |
|
section to an eligible offender who is
imprisoned for a felony of | 1542 |
|
the first or second degree, or to an
eligible offender who | 1543 |
|
committed an offense contained in
Chapter 2925. or 3719. of the | 1544 |
|
Revised
Code and for whom there was a presumption under section | 1545 |
|
2929.13 of the Revised Code in favor of a prison
term, unless the | 1546 |
|
court, with reference to factors
under section 2929.12 of the | 1547 |
|
Revised Code, finds both
of the following: | 1548 |
| (I) If the court grants a motion for judicial
release under | 1566 |
|
this section, the court shall order the release of
the eligible | 1567 |
|
offender, shall place the eligible offender under an appropriate | 1568 |
|
community control
sanction, under appropriate
community control | 1569 |
|
conditions, and under the
supervision of the department of | 1570 |
|
probation
serving the court, and shall reserve the right to | 1571 |
|
reimpose the sentence that
it reduced pursuant to the judicial | 1572 |
|
release if the offender violates the
sanction. If the court | 1573 |
|
reimposes the reduced sentence pursuant to this
reserved right, it | 1574 |
|
may do so either concurrently with, or consecutive to, any
new | 1575 |
|
sentence imposed upon the eligible offender as a result of the | 1576 |
|
violation
that is a new offense.
The period of the community | 1577 |
|
control sanction
shall be
no longer than five years. The court, | 1578 |
|
in its
discretion, may reduce the period of the community control | 1579 |
|
sanction by the
amount of time the eligible
offender spent in jail | 1580 |
|
for the offense and in prison. If the
court made any findings | 1581 |
|
pursuant to division (H)(1) of
this section, the court shall serve | 1582 |
|
a copy of the findings upon
counsel for the parties within fifteen | 1583 |
|
days after the date on
which the court grants the motion for | 1584 |
|
judicial release. | 1585 |
| Sec. 2951.041. (A)(1) If an offender is charged with a | 1590 |
|
criminal
offense and the court
has reason to believe that drug or | 1591 |
|
alcohol usage by the offender
was a factor leading to the | 1592 |
|
offender's criminal behavior, the
court may accept, prior to the | 1593 |
|
entry of a guilty plea, the
offender's request for intervention in | 1594 |
|
lieu of conviction.
The request shall include a waiver
of the | 1595 |
|
defendant's right to a speedy trial, the preliminary
hearing, the | 1596 |
|
time period within which the grand jury may
consider an indictment | 1597 |
|
against the offender, and arraignment,
unless the hearing, | 1598 |
|
indictment, or arraignment has already
occurred.
The
court may | 1599 |
|
reject an offender's request without a hearing. If
the court | 1600 |
|
elects to consider an offender's request, the court
shall conduct | 1601 |
|
a hearing to determine whether the offender is
eligible under this | 1602 |
|
section for intervention in lieu of
conviction and shall stay all | 1603 |
|
criminal proceedings pending the
outcome of the hearing. If the | 1604 |
|
court schedules a hearing, the
court shall order an assessment of | 1605 |
|
the offender for the purpose
of determining the offender's | 1606 |
|
eligibility for intervention in
lieu of conviction and | 1607 |
|
recommending an appropriate intervention
plan. | 1608 |
(2)(b) The offense is not a felony of the first, second, or | 1620 |
|
third
degree, is not an offense of violence, is not a violation of | 1621 |
|
division (A)(1)
or (2) of section 2903.06 of the Revised Code, is | 1622 |
|
not a
violation of division (A)(1) of section 2903.08 of the | 1623 |
|
Revised Code, is not a
violation of division (A) of
section | 1624 |
|
4511.19 of the Revised Code or a municipal ordinance
that is | 1625 |
|
substantially similar to that division, and is not an
offense for | 1626 |
|
which a sentencing court is required to impose a
mandatory prison | 1627 |
|
term, a mandatory term of local incarceration,
or a mandatory term | 1628 |
|
of imprisonment in a jail. | 1629 |
(5)(e) The offender has been assessed by an appropriately | 1642 |
|
licensed provider, certified facility, or licensed and | 1643 |
|
credentialed professional, including, but not limited to, a | 1644 |
|
program licensed by the department of alcohol and drug addiction | 1645 |
|
services pursuant to section 3793.11 of the
Revised Code, a | 1646 |
|
program certified by
that department pursuant to section 3793.06 | 1647 |
|
of the
Revised Code, a public or private
hospital, the United | 1648 |
|
States department of veterans
affairs, another appropriate agency | 1649 |
|
of the government of the
United States, or a licensed
physician, | 1650 |
|
psychiatrist, psychologist, independent social
worker, | 1651 |
|
professional counselor, or chemical dependency
counselor for the | 1652 |
|
purpose of determining the offender's eligibility for
intervention | 1653 |
|
in lieu of conviction and recommending an appropriate
intervention | 1654 |
|
plan. | 1655 |
(C)(2) At the conclusion of
a hearing held pursuant to | 1672 |
|
division
(A) of this section, the court
shall enter its | 1673 |
|
determination as to whether the offender is
eligible for | 1674 |
|
intervention in lieu of conviction and as to
whether to grant the | 1675 |
offender's request. If the court finds
under division (B)(1) of | 1676 |
this section that the offender is eligible for
treatment | 1677 |
| intervention in lieu of conviction and grants the
offender's | 1678 |
|
request,
the court shall accept the offender's plea of guilty and | 1679 |
|
waiver
of the defendant's right to a speedy trial, the preliminary | 1680 |
|
hearing, the time period within which the grand jury may
consider | 1681 |
|
an indictment against the offender, and arraignment,
unless the | 1682 |
|
hearing, indictment, or arraignment has already
occurred. In | 1683 |
|
addition, the court then may stay all criminal
proceedings and | 1684 |
|
order the offender to comply with all terms and
conditions imposed | 1685 |
|
by the court pursuant to division
(D) of this section. If the | 1686 |
|
court finds that the offender is not eligible or does not grant | 1687 |
|
the offender's request, the criminal proceedings against the | 1688 |
|
offender shall proceed as if the offender's request for | 1689 |
|
intervention in lieu of conviction had not been made. | 1690 |
| (D) If the court grants
an offender's request for | 1691 |
|
intervention in lieu of conviction,
the court shall place the | 1692 |
|
offender under the general control and
supervision of the county | 1693 |
|
probation department, the adult parole
authority, or another | 1694 |
|
appropriate local probation or court
services agency, if one | 1695 |
|
exists, as if the offender was subject
to a community control | 1696 |
|
sanction imposed under section 2929.15 or
2929.18 of the Revised | 1697 |
|
Code or was on probation under
sections 2929.51 and 2951.02 of the | 1698 |
|
Revised Code and other provisions of
the misdemeanor sentencing | 1699 |
|
law. The court shall establish an
intervention plan for the | 1700 |
|
offender. The terms and conditions of
the intervention plan shall | 1701 |
|
require the offender, for at least
one year from the date on which | 1702 |
|
the court grants the order of
intervention in lieu of conviction, | 1703 |
|
to abstain from the use of
illegal drugs and alcohol and to submit | 1704 |
|
to regular random
testing for drug and alcohol use and may include | 1705 |
|
any other
treatment terms and conditions, or terms and conditions | 1706 |
|
similar
to community control sanctions, that are ordered by the | 1707 |
|
court. | 1708 |
| (E) If the court grants
an offender's request for | 1709 |
|
intervention in lieu of conviction and
the court finds that the | 1710 |
|
offender has successfully completed the
intervention plan for the | 1711 |
|
offender, including the requirement
that the offender abstain from | 1712 |
|
using drugs and alcohol for a
period of at least one year from the | 1713 |
|
date on which the court
granted the order of intervention in lieu | 1714 |
|
of conviction and all
other terms and conditions ordered by the | 1715 |
|
court, the court shall
dismiss the proceedings against the | 1716 |
|
offender. Successful
completion of the intervention plan and | 1717 |
|
period of abstinence
under this section shall be without | 1718 |
|
adjudication of guilt and is
not a criminal conviction for | 1719 |
|
purposes of any disqualification
or disability imposed by law and | 1720 |
|
upon conviction of a crime, and
the court may order the sealing of | 1721 |
|
records related to the
offense in question in the manner provided | 1722 |
|
in sections 2953.31
to 2953.36 of the Revised
Code. | 1723 |
| (F) If the court grants
an offender's request for | 1724 |
|
intervention in lieu of conviction and
the offender fails to | 1725 |
|
comply with any term or condition imposed
as part of the | 1726 |
|
intervention plan for the offender, the
supervising authority for | 1727 |
|
the offender promptly shall advise the
court of this failure, and | 1728 |
|
the court shall hold a hearing to determine whether
the offender | 1729 |
|
failed to comply with any term or condition imposed
as part of the | 1730 |
|
plan. If the court determines that the offender
has failed to | 1731 |
|
comply with any of those terms and conditions, it
shall enter a | 1732 |
|
finding of guilty and shall impose an appropriate
sanction under | 1733 |
|
Chapter 2929.
of the
Revised Code. | 1734 |
| Sec. 3719.21. Except as provided in division (C) of section | 1742 |
|
2923.42, division (B)(5) of section 2923.44, divisions
(D)(1), | 1743 |
|
(F), and (H) of section 2925.03, division (D)(1) of
section | 1744 |
|
2925.02, 2925.04, or 2925.05, division (E)(1) of section
2925.11, | 1745 |
division (F) of section 2925.13
or, division (E) of section | 1746 |
|
2925.36, division
(D) of section 2925.22, division (H) of section | 1747 |
|
2925.23, division (M)
of section 2925.37, division (B)(5) of | 1748 |
|
section 2925.42, division
(B) of section 2929.18, division (D) of | 1749 |
|
section 3719.99,
division (B)(1) of section 4729.65, and division | 1750 |
|
(E)(3)
of section 4729.99 of the Revised Code, the clerk of the | 1751 |
|
court
shall pay all fines or forfeited bail assessed and collected | 1752 |
|
under
prosecutions or prosecutions commenced for violations of | 1753 |
|
this chapter,
section 2923.42 of the Revised Code, or Chapter | 1754 |
|
2925. of the Revised Code,
within thirty days, to the executive | 1755 |
|
director of the state board of pharmacy,
and the executive | 1756 |
|
director shall deposit the fines into the state
treasury to the | 1757 |
|
credit of the occupational licensing and regulatory fund. | 1758 |
| (B)(1) The director of rehabilitation and correction, by | 1782 |
|
rules adopted under Chapter 119. of the Revised Code, shall | 1783 |
|
establish a pilot program of shock incarceration that may be used | 1784 |
for
eligible offenders who are sentenced to serve a term of | 1785 |
|
imprisonment under the custody of the department of
rehabilitation | 1786 |
|
and correction, whom the department determines to be eligible | 1787 |
|
offenders, and whom the department, subject to
the approval of the | 1788 |
|
sentencing judge, may permit
to serve their sentence as a sentence | 1789 |
|
of shock incarceration in
accordance with this section. | 1790 |
| (a) A period of imprisonment at that institution of ninety | 1798 |
|
days that shall consist of a military style combination of | 1799 |
|
discipline, physical training, and hard labor and substance abuse | 1800 |
|
education, employment skills training, social skills training,
and | 1801 |
|
psychological treatment. During the ninety-day period, the | 1802 |
|
department may permit an eligible offender to participate in a | 1803 |
|
self-help program. Additionally, during the ninety-day period,
an | 1804 |
|
eligible offender who holds a high school diploma or a
certificate | 1805 |
|
of high school equivalence may be permitted to tutor
other | 1806 |
|
eligible offenders in the shock incarceration program. If
an | 1807 |
|
eligible offender does not hold a high school diploma or | 1808 |
|
certificate of high school equivalence, the eligible offender may | 1809 |
|
elect to
participate in an education program that is designed to | 1810 |
|
award a
certificate of adult basic education or an education | 1811 |
|
program that
is designed to award a certificate of high school | 1812 |
|
equivalence to
those eligible offenders who successfully complete | 1813 |
|
the education
program, whether the completion occurs during or | 1814 |
|
subsequent to
the ninety-day period. To the extent possible, the | 1815 |
|
department
shall use as teachers in the education program persons | 1816 |
|
who have
been issued a license pursuant to sections 3319.22 to | 1817 |
|
3319.31
of the Revised Code, who have volunteered their services | 1818 |
|
to the
education program, and who satisfy any other criteria | 1819 |
|
specified
in the rules for the pilot project. | 1820 |
| (i) An intermediate, transitional type of detention
for the | 1826 |
|
period of time determined by the director
and, immediately | 1827 |
|
following the intermediate, transitional
type of detention, a | 1828 |
|
release under a post-release control
sanction imposed in | 1829 |
|
accordance with section 2967.28 of the
Revised
Code. The period | 1830 |
|
of
intermediate, transitional type of detention imposed by the | 1831 |
|
director under this division may be in a halfway house, in a | 1832 |
|
community-based correctional facility and program or district | 1833 |
|
community-based correctional facility and program established | 1834 |
|
under sections 2301.51 to 2301.56 of the Revised Code, or in any | 1835 |
|
other facility approved by the director that provides for | 1836 |
|
detention to serve as a transition between imprisonment in a
state | 1837 |
|
correctional institution and release from imprisonment. | 1838 |
| (C)(1) If
an offender is sentenced to a term of
imprisonment | 1862 |
under the custody of the department,
if the sentencing court | 1863 |
determined that the offender is eligible for
placement
in a | 1864 |
program of shock incarceration under this section, and if the | 1865 |
|
sentencing
court either recommends the offender for placement in a | 1866 |
|
program of shock
incarceration
under this section or makes no | 1867 |
|
recommendation on placement of the
offender,
and if the department | 1868 |
|
determines that the offender is an eligible offender for placement | 1869 |
|
in a program of shock incarceration under this section, the | 1870 |
|
department may permit
the eligible offender to serve the
sentence | 1871 |
|
in a program of shock incarceration, in
accordance with division | 1872 |
|
(K) of section 2929.14 of the Revised Code,
with this section,
and | 1873 |
|
with the rules adopted under this section.
If the sentencing court | 1874 |
|
disapproves placement of the offender in a program of shock | 1875 |
|
incarceration, the department shall not place the offender in any | 1876 |
|
program of shock incarceration. | 1877 |
| If the sentencing court does not make a recommendation on the | 1890 |
placement of
an
eligible offender in a program of shock | 1891 |
|
incarceration
and if the department determines that the offender | 1892 |
|
is an eligible offender for placement in a program of that nature, | 1893 |
|
the department shall
screen the offender and determine if the | 1894 |
|
offender is suited for the program of
shock incarceration. If the | 1895 |
|
offender is suited for the program of shock
incarceration, at | 1896 |
|
least three weeks prior to
permitting an eligible
offender to | 1897 |
|
serve the sentence in a program of
shock incarceration, the | 1898 |
|
department shall notify the sentencing
court of
the proposed | 1899 |
|
placement of the offender in the program and
shall include with | 1900 |
|
the notice a brief description of the placement. The court
shall | 1901 |
|
have ten days from receipt of the notice to disapprove the | 1902 |
|
placement. If the sentencing court
disapproves of the placement, | 1903 |
|
the department shall not permit
the eligible offender to
serve the | 1904 |
|
sentence in a program of shock incarceration.
If the judge does | 1905 |
|
not timely
disapprove of placement of the offender in the program | 1906 |
|
of shock
incarceration, the department
may proceed with plans for | 1907 |
|
placement of the
offender. | 1908 |
| (2) If the department permits an eligible offender to
serve | 1915 |
|
the eligible offender's sentence of imprisonment as a sentence
of | 1916 |
|
shock incarceration and the eligible offender does not | 1917 |
|
satisfactorily
complete the entire period of imprisonment | 1918 |
|
described in division
(B)(2)(a) of this section, the offender | 1919 |
|
shall be removed from the pilot
program for shock incarceration | 1920 |
|
and shall be required to serve the remainder
of the offender's | 1921 |
|
sentence of imprisonment imposed by the sentencing
court
as a | 1922 |
|
regular term of imprisonment. If the eligible offender
commences | 1923 |
|
a period of post-release control
described in division
(B)(2)(b) | 1924 |
|
of this section and violates the conditions of
that post-release | 1925 |
|
control, the eligible offender shall be
subject to the provisions | 1926 |
|
of
sections 2967.15 and 2967.28 of the
Revised Code regarding | 1927 |
|
violation of post-release control sanctions. | 1928 |
| (E) Within a reasonable period of time after November
20, | 1942 |
|
1990, the
director shall appoint a committee to
search for one or | 1943 |
|
more suitable sites at which one or more
programs of shock | 1944 |
|
incarceration, in addition to the pilot program
required by | 1945 |
|
division (B)(1) of this section, may be established. The search | 1946 |
|
committee shall consist of the director or the director's | 1947 |
|
designee, as chairperson; employees of the department
of | 1948 |
|
rehabilitation and correction appointed by the director; and any | 1949 |
|
other persons that the director, in the director's discretion, | 1950 |
|
appoints. In
searching for such sites, the search committee shall | 1951 |
|
give
preference to any site owned by the state or any other | 1952 |
|
governmental entity and to any existing structure that reasonably | 1953 |
|
could be renovated, enlarged, converted, or remodeled for
purposes | 1954 |
|
of establishing such a program. The search committee
shall | 1955 |
|
prepare a report concerning its activities and, on the
earlier of | 1956 |
|
the day that is twelve months after the first day on
which an | 1957 |
|
eligible offender began serving a sentence of shock
incarceration | 1958 |
|
under the pilot program or January 1, 1992, shall
file the report | 1959 |
|
with the president and the minority leader of the
senate, the | 1960 |
|
speaker and the minority leader of the house of
representatives, | 1961 |
|
the members of the senate who were members of
the senate judiciary | 1962 |
|
committee in the 118th general assembly or
their successors, and | 1963 |
|
the members of the house of representatives
who were members of | 1964 |
|
the select committee to hear drug legislation
that was established | 1965 |
|
in the 118th general assembly or their
successors. Upon the | 1966 |
|
filing of the report, the search committee
shall terminate. The | 1967 |
|
report required by this division shall
contain all of the | 1968 |
|
following: | 1969 |
| (F) The director periodically shall review the pilot
program | 1980 |
|
for shock incarceration required to be established by
division | 1981 |
|
(B)(1) of this section. The director shall prepare a
report | 1982 |
|
relative to the pilot program and, on the earlier of the
day that | 1983 |
|
is twelve months after the first day on which an
eligible offender | 1984 |
|
began serving a sentence of shock incarceration
under the pilot | 1985 |
|
program or January 1, 1992, shall file the report
with the | 1986 |
|
president and the minority leader of the senate, the
speaker and | 1987 |
|
the minority leader of the house of representatives,
the members | 1988 |
|
of the senate who were members of the senate
judiciary committee | 1989 |
|
in the 118th general assembly or their
successors, and the members | 1990 |
|
of the house of representatives who
were members of the select | 1991 |
|
committee to hear drug legislation
that was established in the | 1992 |
|
118th general assembly or their
successors. The pilot program | 1993 |
|
shall not terminate at the time of
the filing of the report, but | 1994 |
|
shall continue in operation in
accordance with this section. The | 1995 |
|
report required by this
division shall include all of the | 1996 |
|
following: | 1997 |
| (5) A summary of the characteristics of the eligible | 2015 |
|
offenders who were permitted to serve their sentence of | 2016 |
|
imprisonment as a sentence of shock incarceration, which summary | 2017 |
|
shall include, but not be limited to, a listing of every offense | 2018 |
|
of which any such eligible offender was convicted or to which any | 2019 |
|
such eligible offender pleaded guilty and in relation to which the | 2020 |
|
eligible offender
served a sentence of shock incarceration, and | 2021 |
|
the total number of
such eligible offenders who were convicted of | 2022 |
|
or pleaded guilty
to each such offense; | 2023 |
| Sec. 5120.032. (A) No later than January 1, 1998, the | 2041 |
|
department of
rehabilitation and correction shall
develop and | 2042 |
|
implement intensive program prisons for male and female prisoners | 2043 |
|
other than prisoners described in division (B)(2) of this section. | 2044 |
|
The
intensive program prisons shall include institutions at which | 2045 |
|
imprisonment of the type described in division
(B)(2)(a) of | 2046 |
|
section 5120.031 of the Revised Code is provided and prisons that | 2047 |
|
focus on
educational achievement, vocational training, alcohol and | 2048 |
|
other drug abuse
treatment, community service and conservation | 2049 |
|
work, and other intensive
regimens or combinations of intensive | 2050 |
|
regimens. | 2051 |
| (B)(1)(a) Except as provided in division
(B)(2) of this | 2052 |
|
section,
if an offender is sentenced to a term of imprisonment | 2053 |
|
under the custody of the department, if the sentencing court | 2054 |
determines that a prisoner is eligible for
placement in an | 2055 |
intensive program prison under this section and the sentencing | 2056 |
court either recommends the
offenderprisoner for placement in the | 2057 |
|
intensive program
prison
under this section or makes no | 2058 |
|
recommendation on placement of the prisoner,
and if the department | 2059 |
|
determines that the prisoner is eligible for placement in an | 2060 |
|
intensive program prison under this section, the
department may | 2061 |
|
place the prisoner in an
intensive
program prison established | 2062 |
|
pursuant to division (A) of this section.
If the sentencing court | 2063 |
|
disapproves placement of the prisoner in an intensive program | 2064 |
|
prison, the department shall not place the prisoner in any | 2065 |
|
intensive program prison. | 2066 |
| If the sentencing court does not make a recommendation on the | 2079 |
placement of
an eligiblea prisoner in an intensive program prison | 2080 |
| and if the department determines that the prisoner is eligible for | 2081 |
|
placement in a prison of that nature, the department shall
screen | 2082 |
|
the prisoner and determine if the prisoner is suited for the | 2083 |
|
prison.
If
the prisoner is suited for the intensive program | 2084 |
|
prison, at
least
three weeks prior to placing the prisoner in the | 2085 |
|
prison, the
department shall notify the sentencing court of the | 2086 |
|
proposed placement of the prisoner in the intensive program prison | 2087 |
|
and shall
include with the notice a brief description of the | 2088 |
|
placement. The court shall
have ten days from receipt of the | 2089 |
|
notice to disapprove the placement. If
the sentencing court | 2090 |
|
disapproves the placement, the
department shall not proceed with | 2091 |
|
it. If the sentencing
court does not timely disapprove
of the | 2092 |
|
placement, the department may proceed with plans for it. | 2093 |
| (b) The department may reduce the stated prison term
of a | 2100 |
|
prisoner upon the prisoner's successful completion of a
ninety-day | 2101 |
|
period in an intensive program prison. A prisoner whose term has | 2102 |
|
been so reduced
shall be required to serve an intermediate, | 2103 |
|
transitional type of detention
followed by a release under | 2104 |
|
post-release control sanctions or, in the
alternative, shall be | 2105 |
|
placed under post-release control sanctions, as
described in | 2106 |
|
division (B)(2)(b)(ii) of section 5120.031
of the Revised Code.
In | 2107 |
|
either case, the placement under post-release control
sanctions | 2108 |
|
shall be under terms
set by the
parole board in accordance with | 2109 |
|
section 2967.28 of the Revised Code and shall
be
subject to
the | 2110 |
|
provisions of that section with respect to a violation of any | 2111 |
|
post-release control sanction. | 2112 |
| (a) The prisoner is serving a prison term for aggravated | 2116 |
|
murder,
murder, or a felony of the first or second degree or a | 2117 |
|
comparable
offense under the law in effect prior to
July 1, 1996, | 2118 |
|
or the prisoner previously has
been imprisoned for aggravated | 2119 |
|
murder, murder, or a felony of the first or
second degree or a | 2120 |
|
comparable offense under the law in effect prior to
July 1, 1996. | 2121 |
| (c) The prisoner is serving a prison term for a felony of | 2124 |
|
the
third, fourth, or fifth degree that either is a sex offense, | 2125 |
|
an offense
betraying public trust, or an offense in which the | 2126 |
|
prisoner caused or
attempted to cause actual physical harm to a | 2127 |
|
person, the prisoner is serving a
prison term for a comparable | 2128 |
|
offense under the law in effect prior to
July 1,
1996, or the | 2129 |
|
prisoner previously has been imprisoned for an offense
of that | 2130 |
type or a comparable
offence offense under the law in
effect prior | 2131 |
|
to July 1, 1996. | 2132 |
| Section 4. Section 2929.01 of the Revised Code is presented | 2151 |
|
in this act
as a composite of the section as amended by Am.
Sub. | 2152 |
|
H.B. 349, Am. Sub. S.B. 179, and Am. Sub. S.B. 222 of
the 123rd | 2153 |
|
General Assembly. Section 2929.13 of the Revised Code is | 2154 |
|
presented
in this act
as a composite of the section as amended by | 2155 |
|
Am. H.B.
528, Am. Sub.
S.B. 22,
Am. Sub. S.B. 107, Am. S.B. 142, | 2156 |
|
and Am.
Sub. S.B. 222 of the 123rd General
Assembly. Section | 2157 |
|
2929.19 of the Revised Code is presented
in this act
as a | 2158 |
|
composite of the section as amended by
Am. Sub.
H.B. 349, Am. Sub. | 2159 |
|
S.B. 22, and Am. Sub. S.B. 107 of the 123rd
General Assembly. | 2160 |
|
Section 2951.041 of the Revised Code is
presented in this act
as a | 2161 |
|
composite of the section as amended by
both
Sub. H.B. 202 and Am. | 2162 |
|
Sub. S.B. 107 of the 123rd General
Assembly. Section 5120.032 of | 2163 |
|
the Revised Code is
presented in this act
as a composite of the | 2164 |
|
section as amended by
both
Am. Sub. S.B. 22 and Am. Sub. S.B. 107 | 2165 |
|
of the 123rd General
Assembly.
The General Assembly, applying | 2166 |
|
the principle
stated in division (B) of section 1.52 of the | 2167 |
|
Revised Code that
amendments are to be harmonized if reasonably | 2168 |
|
capable of
simultaneous operation, finds that the composites are | 2169 |
|
the resulting
versions of the sections in effect prior to the | 2170 |
|
effective date of the sections as presented in this act. | 2171 |