SENATORS Oelslager, Amstutz

To amend sections 181.25, 2307.62, 2913.01, 2913.04,

1

2919.25, 2925.23, 2929.01, 2929.12, 2929.13,

2

2929.14, 2929.19, 2929.20, 2951.041, 2967.16,

3

2967.28, 3719.21, 4723.09, 4723.28, 4723.72,

4

4723.74, 4723.75, 4723.77, 5120.031, 5120.032,

5

5120.033, 5145.01, and 5149.22 and to enact section

6

2929.141 of the Revised Code to clarify certain

7

provisions of the Felony Sentencing Law, to correct

8

the penalty provisions for illegal processing of

9

drug documents, to clarify the eligibility criteria

10

for intervention in lieu of conviction, to require

11

applicants for nurse licensure and dialysis

12

technician certification to have a criminal records

13

check, to expand the offense of unauthorized use of

14

property to specifically include nonconsensual

15

access to a cable service or cable system, to

16

revise certain provisions of the law governing

17

nurses and dialysis technicians as to licensing or

18

certification, duties, and training, to specify

19

that the members of the Ohio Council for Interstate

20

Adult Supervision serve without compensation but

21

are to be reimbursed for expenses, and to extend

22

until July 1, 2002, the date by which the State

23

Criminal Sentencing Commission must recommend

24

changes to the state's criminal forfeiture laws.

25

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

Section 1. That sections 181.25, 2307.62, 2913.01, 2913.04,	26
2919.25, 2925.23, 2929.01, 2929.12, 2929.13, 2929.14, 2929.19,	27
2929.20, 2951.041, 2967.16, 2967.28, 3719.21, 4723.09, 4723.28,	28
4723.72, 4723.74, 4723.75, 4723.77, 5120.031, 5120.032, 5120.033,	29
5145.01, and 5149.22 be amended and section 2929.141 of the	30
Revised Code be enacted to read as follows:	31

Sec. 181.25.  (A) If the comprehensive criminal sentencing	32
structure that it recommends to the general assembly pursuant to	33
section 181.24 of the Revised Code or any aspects of that	34
sentencing structure are enacted into law, the state criminal	35
sentencing commission shall do all of the following:	36

(1) Assist the general assembly in the implementation of	37
those aspects of the sentencing structure that are enacted into	38
law;	39

(2) Monitor the operation of the aspects of the sentencing	40
structure that are enacted into law and report to the general	41
assembly no later than January 1, 1997, and biennially thereafter,	42
on all of the following matters:	43

(a) The impact of the sentencing structure in effect on and	44
after July 1, 1996, on political subdivisions and other relevant	45
aspects of local government in this state, including all of the	46
following information:	47

(i) The number and type of offenders who were being	48
imprisoned in a state correctional institution under the law in	49
effect prior to July 1, 1996, but who are being punished under a	50
community control sanction, as defined in section 2929.01 of the	51
Revised Code, under the law in effect on and after July 1, 1996;	52

(ii) The fiscal and other impact of the law in effect on and	53
after July 1, 1996, on political subdivisions and other relevant	54
aspects of local government in this state, including law	55
enforcement agencies, the court system, prosecutors, as defined in	56
section 2935.01 of the Revised Code, the public defender and	57
assigned counsel system, jails and workhouses, probation	58
departments, the drug and alcohol abuse intervention and treatment	59
system, and the mental health intervention and treatment system.	60

(b) The impact of the sentencing structure in effect on and	61
after July 1, 1996, on the population of state correctional	62
institutions, including information regarding the number and types	63
of offenders who are being imprisoned under the law in effect on	64
and after July 1, 1996, and the amount of space in state	65
correctional institutions that is necessary to house those	66
offenders;	67

(c) The impact of the sentencing structure and the sentence	68
appeal provisions in effect on and after July 1, 1996, on the	69
appellate courts of this state, including information regarding	70
the number of sentence-based appeals, the cost of reviewing	71
appeals of that nature, whether a special court should be created	72
to review sentences, and whether changes should be made to ensure	73
that sentence-based appeals are conducted expeditiously.	74

(3) Review all bills that are introduced in the general	75
assembly that provide for new criminal offenses or that change the	76
penalty for any criminal offense, determine if those bills are	77
consistent with the sentencing policy adopted under division (B)	78
of section 181.23 of the Revised Code, determine the impact of	79
those bills upon the correctional resources of the state, and	80
recommend to the general assembly any necessary amendments to	81
those bills. When the commission recommends any amendment for a	82
bill before the general assembly, it shall do so in a manner that	83
is consistent with the requirements of section 181.24 of the	84
Revised Code.	85

(4) Study criminal sentencing structures in this state,	86
other states, and the federal government, recommend necessary	87
changes to the sentencing structure of the state, and determine	88
the costs and effects of any proposed changes in the sentencing	89
structure of the state;	90

(5) Collect and maintain data that pertains to the cost to	91
counties of the felony sentence appeal provisions set forth in	92
section 2953.08 of the Revised Code, of the postconviction relief	93
proceeding provisions set forth in division (A)(2) of section	94
2953.21 of the Revised Code, and of appeals from judgments entered	95
in such postconviction relief proceedings. The data so collected	96
and maintained shall include, but shall not be limited to, the	97
increase in expenses that counties experience as a result of those	98
provisions and those appeals and the number of felony sentence	99
appeals made, postconviction relief proceedings filed, and appeals	100
of postconviction relief proceeding judgments made in each county	101
under those provisions. The commission periodically shall provide	102
to the felony sentence appeal cost oversight committee, in	103
accordance with division (I) of section 2953.08 of the Revised	104
Code, all data the commission collects pursuant to this division.	105

(B) In addition to its duties set forth in section 181.24 of	106
the Revised Code and division (A) of this section, the state	107
criminal sentencing commission shall review all forfeiture	108
statutes in Titles XXIX and XLV of the Revised Code and, not later	109
than July 1, 20012002, recommend to the general assembly any	110
necessary changes to those statutes.	111

Sec. 2307.62.  (A) As used in this section:

112

(1) "Cable service" and "cable system" have the same meanings	113
as in section 2913.04 of the Revised Code.	114

(2) "Trier of fact" means the jury or, in a nonjury trial,	115
the court.	116

(2)(3) "Profits" derived from a violation of division (B) of	117
section 2913.04 or division (A) or (B) of section 2913.041 of the	118
Revised Code are equal to whichever of the following applies:	119

(a) The gross revenue derived from the violation by the	120
persons who violated division (B) of section 2913.04 or division	121
(A) or (B) of section 2913.041 of the Revised Code, as established	122
by a preponderance of the evidence by the owner or operator of the	123
cable service, cable system, cable television system, or other	124
similar closed circuit coaxial cable communications system who is	125
aggrieved by the violation;	126

(b) The gross revenue derived from the violation by the	127
persons who violated division (B) of section 2913.04 or division	128
(A) or (B) of section 2913.041 of the Revised Code, as established	129
by a preponderance of the evidence by the owner or operator of the	130
cable service, cable system, cable television system, or other	131
similar closed circuit coaxial cable communications system who is	132
aggrieved by the violation, minus deductible expenses and other	133
elements of profit that are not attributable to the violation of	134
division (B) of section 2913.04 or division (A) or (B) of section	135
2913.041 of the Revised Code, as established by a preponderance of	136
the evidence by the persons who violated either or both of those	137
divisions.	138

(B)(1) An owner or operator of a cable service, cable	139
system, cable television system, or other similar closed circuit	140
coaxial cable communications system who is aggrieved by conduct	141
that is prohibited by division (B) of section 2913.04 or division	142
(A) or (B) of section 2913.041 of the Revised Code may elect to	143
commence a civil action for damages in accordance with section	144
2307.60 or 2307.61 of the Revised Code or to commence a civil	145
action under this section in the appropriate municipal court,	146
county court, or court of common pleas to recover damages and	147
other specified moneys described in division (B)(1)(a), (b), or	148
(c) of this section and, if applicable, damages described in	149
division (B)(2) of this section from the persons who violated	150
division (B) of section 2913.04 or division (A) or (B) of section	151
2913.041 of the Revised Code. If the owner or operator elects to	152
commence a civil action for damages and other specified moneys	153
under this section, the owner or operator shall specify in its	154
complaint which of the following categories of damages and other	155
specified moneys the owner or operator seeks to recover from the	156
persons who violated division (B) of section 2913.04 or division	157
(A) or (B) of section 2913.041 of the Revised Code:	158

(a) Full compensatory damages, punitive or exemplary damages	159
if authorized by section 2315.21 of the Revised Code, and the	160
reasonable attorney's fees, court costs, and other reasonable	161
expenses incurred in maintaining the civil action under this	162
section.	163

(b) Damages equal to the actual loss suffered by the owner	164
or operator as a proximate result of the conduct that violated	165
division (B) of section 2913.04 or division (A) or (B) of section	166
2913.041 of the Revised Code and, in addition, damages equal to	167
the profits derived by the persons who violated eitherone or both	168
more of those divisions as a proximate result of the prohibited	169
conduct.	170

(c) LiquidatedRegarding a violation of division (A) or (B)	171
of section 2913.041 of the Revised Code, liquidated damages in an	172
amount of not less than two hundred fifty dollars and not more	173
than ten thousand dollars, as determined by the trier of fact, for	174
each separate violation of division (A) or (B) of section 2913.041	175
of the Revised Code as described in division (D) of that section.	176
Division (B)(1)(c) of this section does not apply regarding a	177
violation of division (B) of section 2913.04 of the Revised Code.	178

(2) The trier of fact shall determine the amount of any	179
compensatory damages to be awarded pursuant to division (B)(1)(a)	180
of this section, and the court shall determine the amount of any	181
punitive or exemplary damages authorized by section 2315.21 of the	182
Revised Code and the amount of reasonable attorney's fees, court	183
costs, and other reasonable expenses to be awarded pursuant to	184
division (B)(1)(a) of this section. The trier of fact shall	185
determine the amount of damages to be awarded to the owner or	186
operator under division (B)(1)(b) of this section.	187

(3) In a civil action under this section, if an owner or	188
operator of a cable service, cable system, cable television	189
system, or other similar closed circuit coaxial cable	190
communications system establishes by a preponderance of the	191
evidence that the persons who violated division (B) of section	192
2913.04 or division (A) or (B) of section 2913.041 of the Revised	193
Code engaged in the prohibited conduct for the purpose of direct	194
or indirect commercial advantage or private financial gain, the	195
trier of fact may award to the owner or operator damages in an	196
amount not to exceed fifty thousand dollars in addition to any	197
amount recovered pursuant to division (B)(1)(a), (b), or (c) of	198
this section, whichever of those divisions applies to the owner or	199
operator.	200

(C) A person may join a civil action under this section with	201
a civil action under Chapter 2737. of the Revised Code to recover	202
any property of the owner or operator of a cable service, cable	203
system, cable television system, or other similar closed circuit	204
coaxial cable communications system that was the subject of the	205
violation of division (B) of section 2913.04 or division (A) or	206
(B) of section 2913.041 of the Revised Code. A person may	207
commence a civil action under this section regardless of whether	208
any person who allegedly violated eitherone or bothmore of those	209
divisions has pleaded guilty to or has been convicted of a	210
violation of eitherone or both more of those divisions or has	211
been adjudicated a delinquent child for the commission of any act	212
that constitutes a violation of eitherone or bothmore of those	213
divisions.	214

Sec. 2913.01.  As used in this chapter, unless the context	215
requires that a term be given a different meaning:	216

(A) "Deception" means knowingly deceiving another or causing	217
another to be deceived by any false or misleading representation,	218
by withholding information, by preventing another from acquiring	219
information, or by any other conduct, act, or omission that	220
creates, confirms, or perpetuates a false impression in another,	221
including a false impression as to law, value, state of mind, or	222
other objective or subjective fact.	223

(B) "Defraud" means to knowingly obtain, by deception, some	224
benefit for oneself or another, or to knowingly cause, by	225
deception, some detriment to another.	226

(C) "Deprive" means to do any of the following:

227

(1) Withhold property of another permanently, or for a	228
period that appropriates a substantial portion of its value or	229
use, or with purpose to restore it only upon payment of a reward	230
or other consideration;	231

(2) Dispose of property so as to make it unlikely that the	232
owner will recover it;	233

(3) Accept, use, or appropriate money, property, or	234
services, with purpose not to give proper consideration in return	235
for the money, property, or services, and without reasonable	236
justification or excuse for not giving proper consideration.	237

(D) "Owner" means, unless the context requires a different	238
meaning, any person, other than the actor, who is the owner of,	239
who has possession or control of, or who has any license or	240
interest in property or services, even though the ownership,	241
possession, control, license, or interest is unlawful.	242

(E) "Services" include labor, personal services,	243
professional services, public utility services, common carrier	244
services, and food, drink, transportation, entertainment, and	245
cable television services and, for purposes of section 2913.04 of	246
the Revised Code, include cable services as defined in that	247
section.	248

(F) "Writing" means any computer software, document, letter,	249
memorandum, note, paper, plate, data, film, or other thing having	250
in or upon it any written, typewritten, or printed matter, and any	251
token, stamp, seal, credit card, badge, trademark, label, or other	252
symbol of value, right, privilege, license, or identification.	253

(G) "Forge" means to fabricate or create, in whole or in	254
part and by any means, any spurious writing, or to make, execute,	255
alter, complete, reproduce, or otherwise purport to authenticate	256
any writing, when the writing in fact is not authenticated by that	257
conduct.	258

(H) "Utter" means to issue, publish, transfer, use, put or	259
send into circulation, deliver, or display.	260

(I) "Coin machine" means any mechanical or electronic device	261
designed to do both of the following:	262

(1) Receive a coin, bill, or token made for that purpose;

263

(2) In return for the insertion or deposit of a coin, bill,	264
or token, automatically dispense property, provide a service, or	265
grant a license.	266

(J) "Slug" means an object that, by virtue of its size,	267
shape, composition, or other quality, is capable of being inserted	268
or deposited in a coin machine as an improper substitute for a	269
genuine coin, bill, or token made for that purpose.	270

(K) "Theft offense" means any of the following:

271

(1) A violation of section 2911.01, 2911.02, 2911.11,	272
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	273
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	274
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	275
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	276
2915.05, or 2921.41 of the Revised Code;	277

(2) A violation of an existing or former municipal ordinance	278
or law of this or any other state, or of the United States,	279
substantially equivalent to any section listed in division (K)(1)	280
of this section or a violation of section 2913.41, 2913.81, or	281
2915.06 of the Revised Code as it existed prior to July 1, 1996;	282

(3) An offense under an existing or former municipal	283
ordinance or law of this or any other state, or of the United	284
States, involving robbery, burglary, breaking and entering, theft,	285
embezzlement, wrongful conversion, forgery, counterfeiting,	286
deceit, or fraud;	287

(4) A conspiracy or attempt to commit, or complicity in	288
committing, any offense under division (K)(1), (2), or (3) of this	289
section.	290

(L) "Computer services" includes, but is not limited to, the	291
use of a computer system, computer network, computer program, data	292
that is prepared for computer use, or data that is contained	293
within a computer system or computer network.	294

(M) "Computer" means an electronic device that performs	295
logical, arithmetic, and memory functions by the manipulation of	296
electronic or magnetic impulses. "Computer" includes, but is not	297
limited to, all input, output, processing, storage, computer	298
program, or communication facilities that are connected, or	299
related, in a computer system or network to an electronic device	300
of that nature.	301

(N) "Computer system" means a computer and related devices,	302
whether connected or unconnected, including, but not limited to,	303
data input, output, and storage devices, data communications	304
links, and computer programs and data that make the system capable	305
of performing specified special purpose data processing tasks.	306

(O) "Computer network" means a set of related and remotely	307
connected computers and communication facilities that includes	308
more than one computer system that has the capability to transmit	309
among the connected computers and communication facilities through	310
the use of computer facilities.	311

(P) "Computer program" means an ordered set of data	312
representing coded instructions or statements that, when executed	313
by a computer, cause the computer to process data.	314

(Q) "Computer software" means computer programs, procedures,	315
and other documentation associated with the operation of a	316
computer system.	317

(R) "Data" means a representation of information, knowledge,	318
facts, concepts, or instructions that are being or have been	319
prepared in a formalized manner and that are intended for use in a	320
computer, computer system, or computer network. For purposes of	321
section 2913.47 of the Revised Code, "data" has the additional	322
meaning set forth in division (A) of that section.	323

(S) "Cable television service" means any services provided	324
by or through the facilities of any cable television system or	325
other similar closed circuit coaxial cable communications system,	326
or any microwave or similar transmission service used in	327
connection with any cable television system or other similar	328
closed circuit coaxial cable communications system.	329

(T) "Gain access" means to approach, instruct, communicate	330
with, store data in, retrieve data from, or otherwise make use of	331
any resources of a computer, computer system, or computer network,	332
or any cable service or cable system both as defined in section	333
2913.04 of the Revised Code.	334

(U) "Credit card" includes, but is not limited to, a card,	335
code, device, or other means of access to a customer's account for	336
the purpose of obtaining money, property, labor, or services on	337
credit, or for initiating an electronic fund transfer at a	338
point-of-sale terminal, an automated teller machine, or a cash	339
dispensing machine.	340

(V) "Electronic fund transfer" has the same meaning as in 92	341
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	342

(W) "Rented property" means personal property in which the	343
right of possession and use of the property is for a short and	344
possibly indeterminate term in return for consideration; the	345
rentee generally controls the duration of possession of the	346
property, within any applicable minimum or maximum term; and the	347
amount of consideration generally is determined by the duration of	348
possession of the property.	349

(X) "Telecommunication" means the origination, emission,	350
dissemination, transmission, or reception of data, images,	351
signals, sounds, or other intelligence or equivalence of	352
intelligence of any nature over any communications system by any	353
method, including, but not limited to, a fiber optic, electronic,	354
magnetic, optical, digital, or analog method.	355

(Y) "Telecommunications device" means any instrument,	356
equipment, machine, or other device that facilitates	357
telecommunication, including, but not limited to, a computer,	358
computer network, computer chip, computer circuit, scanner,	359
telephone, cellular telephone, pager, personal communications	360
device, transponder, receiver, radio, modem, or device that	361
enables the use of a modem.	362

(Z) "Telecommunications service" means the providing,	363
allowing, facilitating, or generating of any form of	364
telecommunication through the use of a telecommunications device	365
over a telecommunications system.	366

(AA) "Counterfeit telecommunications device" means a	367
telecommunications device that, alone or with another	368
telecommunications device, has been altered, constructed,	369
manufactured, or programmed to acquire, intercept, receive, or	370
otherwise facilitate the use of a telecommunications service or	371
information service without the authority or consent of the	372
provider of the telecommunications service or information service.	373
"Counterfeit telecommunications device" includes, but is not	374
limited to, a clone telephone, clone microchip, tumbler telephone,	375
or tumbler microchip; a wireless scanning device capable of	376
acquiring, intercepting, receiving, or otherwise facilitating the	377
use of telecommunications service or information service without	378
immediate detection; or a device, equipment, hardware, or software	379
designed for, or capable of, altering or changing the electronic	380
serial number in a wireless telephone.	381

(BB)(1) "Information service" means, subject to division	382
(BB)(2) of this section, the offering of a capability for	383
generating, acquiring, storing, transforming, processing,	384
retrieving, utilizing, or making available information via	385
telecommunications, including, but not limited to, electronic	386
publishing.	387

(2) "Information service" does not include any use of a	388
capability of a type described in division (BB)(1) of this section	389
for the management, control, or operation of a telecommunications	390
system or the management of a telecommunications service.	391

(CC) "Elderly person" means a person who is sixty-five years	392
of age or older.	393

(DD) "Disabled adult" means a person who is eighteen years	394
of age or older and has some impairment of body or mind that makes	395
the person unfit to work at any substantially remunerative	396
employment that the person otherwise would be able to perform and	397
that will, with reasonable probability, continue for a period of	398
at least twelve months without any present indication of recovery	399
from the impairment, or who is eighteen years of age or older and	400
has been certified as permanently and totally disabled by an	401
agency of this state or the United States that has the function of	402
so classifying persons.	403

(EE) "Firearm" and "dangerous ordnance" have the same	404
meanings as in section 2923.11 of the Revised Code.	405

(FF) "Motor vehicle" has the same meaning as in section	406
4501.01 of the Revised Code.	407

(GG) "Dangerous drug" has the same meaning as in section	408
4729.01 of the Revised Code.	409

(HH) "Drug abuse offense" has the same meaning as in section	410
2925.01 of the Revised Code.	411

Sec. 2913.04.  (A) No person shall knowingly use or operate	412
the property of another without the consent of the owner or person	413
authorized to give consent.	414

(B) No person shall knowingly gain access to, attempt to	415
gain access to, or cause access to be gained to any computer,	416
computer system, computer network, cable service, cable system,	417
telecommunications device, telecommunications service, or	418
information service without the consent of, or beyond the scope of	419
the express or implied consent of, the owner of the computer,	420
computer system, computer network, cable service, cable system,	421
telecommunications device, telecommunications service, or	422
information service or other person authorized to give consent by	423
the owner.	424

(C) The affirmative defenses contained in division (C) of	425
section 2913.03 of the Revised Code are affirmative defenses to a	426
charge under this section.	427

(D)(1) Whoever violates division (A) of this section is	428
guilty of unauthorized use of property.	429

(2) Except as otherwise provided in division (D)(3) or (4)	430
of this section, unauthorized use of property is a misdemeanor of	431
the fourth degree.	432

(3) Except as otherwise provided in division (D)(4) of this	433
section, if unauthorized use of property is committed for the	434
purpose of devising or executing a scheme to defraud or to obtain	435
property or services, unauthorized use of property is whichever of	436
the following is applicable:	437

(a) Except as otherwise provided in division (D) (3) (b),	438
(c), or (d) of this section, a misdemeanor of the first degree.	439

(b) If the value of the property or services or the loss to	440
the victim is five hundred dollars or more and is less than five	441
thousand dollars, a felony of the fifth degree.	442

(c) If the value of the property or services or the loss to	443
the victim is five thousand dollars or more and is less than one	444
hundred thousand dollars, a felony of the fourth degree.	445

(d) If the value of the property or services or the loss to	446
the victim is one hundred thousand dollars or more, a felony of	447
the third degree.	448

(4) If the victim of the offense is an elderly person or	449
disabled adult, unauthorized use of property is whichever of the	450
following is applicable:	451

(a) Except as otherwise provided in division (D)(4)(b), (c),	452
(d), or (e) of this section, a felony of the fifth degree;	453

(b) If the value of the property or services or loss to the	454
victim is five hundred dollars or more and is less than five	455
thousand dollars, a felony of the fourth degree;	456

(c) If the value of the property or services or loss to the	457
victim is five thousand dollars or more and is less than	458
twenty-five thousand dollars, a felony of the third degree;	459

(d) If the value of the property or services or loss to the	460
victim is twenty-five thousand dollars or more, a felony of the	461
second degree.	462

(E) Whoever violates division (B) of this section is guilty	463
of unauthorized use of computer, cable, or telecommunication	464
property, a felony of the fifth degree.	465

(F) As used in this section:

466

(1) "Cable operator" means any person or group of persons	467
that does either of the following:	468

(a) Provides cable service over a cable system and directly	469
or through one or more affiliates owns a significant interest in	470
that cable system;	471

(b) Otherwise controls or is responsible for, through any	472
arrangement, the management and operation of a cable system.	473

(2) "Cable service" means any of the following:

474

(a) The one-way transmission to subscribers of video	475
programming or of information that a cable operator makes	476
available to all subscribers generally;	477

(b) Subscriber interaction, if any, that is required for	478
the selection or use of video programming or of information that a	479
cable operator makes available to all subscribers generally, both	480
as described in division (F)(2)(a) of this section;	481

(c) Any cable television service.

482

(3) "Cable system" means any facility, consisting of a set	483
of closed transmission paths and associated signal generation,	484
reception, and control equipment that is designed to provide cable	485
service that includes video programming and that is provided to	486
multiple subscribers within a community. "Cable system" does not	487
include any of the following:	488

(a) Any facility that serves only to retransmit the	489
television signals of one or more television broadcast stations;	490

(b) Any facility that serves subscribers without using any	491
public right-of-way;	492

(c) Any facility of a common carrier that, under 47	493
U.S.C.A. 522(7)(c), is excluded from the term "cable system" as	494
defined in 47 U.S.C.A. 522(7);	495

(d) Any open video system that complies with 47 U.S.C.A.	496
573;	497

(e) Any facility of any electric utility used solely for	498
operating its electric utility system.	499

Sec. 2919.25.  (A) No person shall knowingly cause or	500
attempt to cause physical harm to a family or household member.	501

(B) No person shall recklessly cause serious physical harm	502
to a family or household member.	503

(C) No person, by threat of force, shall knowingly cause a	504
family or household member to believe that the offender will cause	505
imminent physical harm to the family or household member.	506

(D) Whoever violates this section is guilty of domestic	507
violence. Except as otherwise provided in this division, a	508
violation of division (C) of this section is a misdemeanor of the	509
fourth degree, and a violation of division (A) or (B) of this	510
section is a misdemeanor of the first degree. If the offender	511
previously has pleaded guilty to or been convicted of domestic	512
violence, of a violation of a municipal ordinance that is	513
substantially similar to domestic violence, of a violation of	514
section 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211,	515
2903.22, 2911.211, or 2919.22 of the Revised Code involving a	516
person who was a family or household member at the time of the	517
violation, or of a violation of a municipal ordinance, a law of	518
the United States or of any other state, or a municipal ordinance	519
of a municipal corporation located in any other state that is	520
substantially similar to one of those sections involving a person	521
who was a family or household member at the time of the violation,	522
a violation of division (A) or (B) of this section is a felony of	523
the fifth degree, and a violation of division (C) of this section	524
is a misdemeanor of the third degree."	525

(E) As used in this section and sections 2919.251 and	526
2919.26 of the Revised Code:	527

(1) "Family or household member" means any of the following:

528

(a) Any of the following who is residing or has resided with	529
the offender:	530

(i) A spouse, a person living as a spouse, or a former	531
spouse of the offender;	532

(ii) A parent or a child of the offender, or another person	533
related by consanguinity or affinity to the offender;	534

(iii) A parent or a child of a spouse, person living as a	535
spouse, or former spouse of the offender, or another person	536
related by consanguinity or affinity to a spouse, person living as	537
a spouse, or former spouse of the offender.	538

(b) The natural parent of any child of whom the offender is	539
the other natural parent or is the putative other natural parent.	540

(2) "Person living as a spouse" means a person who is living	541
or has lived with the offender in a common law marital	542
relationship, who otherwise is cohabiting with the offender, or	543
who otherwise has cohabited with the offender within five years	544
prior to the date of the alleged commission of the act in	545
question.	546

Sec. 2925.23.  (A) No person shall knowingly make a false	547
statement in any prescription, order, report, or record required	548
by Chapter 3719. or 4729. of the Revised Code.	549

(B) No person shall intentionally make, utter, or sell, or	550
knowingly possess any of the following that is a false or forged:	551

(1) Prescription;

552

(2) Uncompleted preprinted prescription blank used for	553
writing a prescription;	554

(3) Official written order;

555

(4) License for a terminal distributor of dangerous drugs as	556
required in section 4729.60 of the Revised Code;	557

(5) Registration certificate for a wholesale distributor of	558
dangerous drugs as required in section 4729.60 of the Revised	559
Code.	560

(C) No person, by theft as defined in section 2913.02 of the	561
Revised Code, shall acquire any of the following:	562

(1) A prescription;

563

(2) An uncompleted preprinted prescription blank used for	564
writing a prescription;	565

(3) An official written order;

566

(4) A blank official written order;

567

(5) A license or blank license for a terminal distributor of	568
dangerous drugs as required in section 4729.60 of the Revised	569
Code;	570

(6) A registration certificate or blank registration	571
certificate for a wholesale distributor of dangerous drugs as	572
required in section 4729.60 of the Revised Code.	573

(D) No person shall knowingly make or affix any false or	574
forged label to a package or receptacle containing any dangerous	575
drugs.	576

(E) Divisions (A) and (D) of this section do not apply to	577
licensed health professionals authorized to prescribe drugs,	578
pharmacists, owners of pharmacies, and other persons whose conduct	579
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,	580
4731., and 4741. of the Revised Code.	581

(F) Whoever violates this section is guilty of illegal	582
processing of drug documents. If the offender violates division	583
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this	584
section, illegal processing of drug documents is a felony of the	585
fifth degree. If the offender violates division (A), division	586
(B)(1) or (3), division (C)(1) or (3), or division (D) of this	587
section, the penalty for illegal processing of drug documents	588
shall be determined as follows:	589

(1) If the drug involved is a compound, mixture,	590
preparation, or substance included in schedule I or II, with the	591
exception of marihuana, illegal processing of drug documents is a	592
felony of the fourth degree, and division (C) of section 2929.13	593
of the Revised Code applies in determining whether to impose a	594
prison term on the offender.	595

(2) If the drug involved is a dangerous drug or a compound,	596
mixture, preparation, or substance included in schedule III, IV,	597
or V or is marihuana, illegal processing of drug documents is a	598
felony of the fifth degree, and division (C) of section 2929.13 of	599
the Revised Code applies in determining whether to impose a prison	600
term on the offender.	601

(G) In addition to any prison term authorized or required by	602
division (F) of this section and sections 2929.13 and 2929.14 of	603
the Revised Code and in addition to any other sanction imposed for	604
the offense under this section or sections 2929.11 to 2929.18 of	605
the Revised Code, the court that sentences an offender who is	606
convicted of or pleads guilty to any violation of divisions (A) to	607
(D) of this section shall do both of the following:	608

(1) The court shall suspend for not less than six months or	609
more than five years the driver's or commercial driver's license	610
or permit of any person who is convicted of or has pleaded guilty	611
to a violation of this section.	612

(2) If the offender is a professionally licensed person or a	613
person who has been admitted to the bar by order of the supreme	614
court in compliance with its prescribed and published rules, in	615
addition to any other sanction imposed for a violation of this	616
section, the court forthwith shall comply with section 2925.38 of	617
the Revised Code.	618

(H) Notwithstanding any contrary provision of section	619
3719.21 of the Revised Code, the clerk of court shall pay a fine	620
imposed for a violation of this section pursuant to division (A)	621
of section 2929.18 of the Revised Code in accordance with and	622
subject to the requirements of division (F) of section 2925.03 of	623
the Revised Code. The agency that receives the fine shall use the	624
fine as specified in division (F) of section 2925.03 of the	625
Revised Code.	626

Sec. 2929.01.  As used in this chapter:

627

(A)(1) "Alternative residential facility" means, subject to	628
division (A)(2) of this section, any facility other than an	629
offender's home or residence in which an offender is assigned to	630
live and that satisfies all of the following criteria:	631

(a) It provides programs through which the offender may seek	632
or maintain employment or may receive education, training,	633
treatment, or habilitation.	634

(b) It has received the appropriate license or certificate	635
for any specialized education, training, treatment, habilitation,	636
or other service that it provides from the government agency that	637
is responsible for licensing or certifying that type of education,	638
training, treatment, habilitation, or service.	639

(2) "Alternative residential facility" does not include a	640
community-based correctional facility, jail, halfway house, or	641
prison.	642

(B) "Bad time" means the time by which the parole board	643
administratively extends an offender's stated prison term or terms	644
pursuant to section 2967.11 of the Revised Code because the parole	645
board finds by clear and convincing evidence that the offender,	646
while serving the prison term or terms, committed an act that is a	647
criminal offense under the law of this state or the United States,	648
whether or not the offender is prosecuted for the commission of	649
that act.	650

(C) "Basic probation supervision" means a requirement that	651
the offender maintain contact with a person appointed to supervise	652
the offender in accordance with sanctions imposed by the court or	653
imposed by the parole board pursuant to section 2967.28 of the	654
Revised Code. "Basic probation supervision" includes basic parole	655
supervision and basic post-release control supervision.	656

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	657
"unit dose" have the same meanings as in section 2925.01 of the	658
Revised Code.	659

(E) "Community-based correctional facility" means a	660
community-based correctional facility and program or district	661
community-based correctional facility and program developed	662
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	663

(F) "Community control sanction" means a sanction that is	664
not a prison term and that is described in section 2929.15,	665
2929.16, 2929.17, or 2929.18 of the Revised Code.	666

(G) "Controlled substance," "marihuana," "schedule I," and	667
"schedule II" have the same meanings as in section 3719.01 of the	668
Revised Code.	669

(H) "Curfew" means a requirement that an offender during a	670
specified period of time be at a designated place.	671

(I) "Day reporting" means a sanction pursuant to which an	672
offender is required each day to report to and leave a center or	673
other approved reporting location at specified times in order to	674
participate in work, education or training, treatment, and other	675
approved programs at the center or outside the center.	676

(J) "Deadly weapon" has the same meaning as in section	677
2923.11 of the Revised Code.	678

(K) "Drug and alcohol use monitoring" means a program under	679
which an offender agrees to submit to random chemical analysis of	680
the offender's blood, breath, or urine to determine whether the	681
offender has ingested any alcohol or other drugs.	682

(L) "Drug treatment program" means any program under which a	683
person undergoes assessment and treatment designed to reduce or	684
completely eliminate the person's physical or emotional reliance	685
upon alcohol, another drug, or alcohol and another drug and under	686
which the person may be required to receive assessment and	687
treatment on an outpatient basis or may be required to reside at a	688
facility other than the person's home or residence while	689
undergoing assessment and treatment.	690

(M) "Economic loss" means any economic detriment suffered by	691
a victim as a result of the commission of a felony and includes	692
any loss of income due to lost time at work because of any injury	693
caused to the victim, and any property loss, medical cost, or	694
funeral expense incurred as a result of the commission of the	695
felony.	696

(N) "Education or training" includes study at, or in	697
conjunction with a program offered by, a university, college, or	698
technical college or vocational study and also includes the	699
completion of primary school, secondary school, and literacy	700
curricula or their equivalent.	701

(O) "Electronically monitored house arrest" has the same	702
meaning as in section 2929.23 of the Revised Code.	703

(P) "Eligible offender" has the same meaning as in section	704
2929.23 of the Revised Code except as otherwise specified in	705
section 2929.20 of the Revised Code.	706

(Q) "Firearm" has the same meaning as in section 2923.11 of	707
the Revised Code.	708

(R) "Halfway house" means a facility licensed by the	709
division of parole and community services of the department of	710
rehabilitation and correction pursuant to section 2967.14 of the	711
Revised Code as a suitable facility for the care and treatment of	712
adult offenders.	713

(S) "House arrest" means a period of confinement of an	714
eligible offender that is in the eligible offender's home or in	715
other premises specified by the sentencing court or by the parole	716
board pursuant to section 2967.28 of the Revised Code, that may be	717
electronically monitored house arrest, and during which all of the	718
following apply:	719

(1) The eligible offender is required to remain in the	720
eligible offender's home or other specified premises for the	721
specified period of confinement, except for periods of time during	722
which the eligible offender is at the eligible offender's place of	723
employment or at other premises as authorized by the sentencing	724
court or by the parole board.	725

(2) The eligible offender is required to report periodically	726
to a person designated by the court or parole board.	727

(3) The eligible offender is subject to any other	728
restrictions and requirements that may be imposed by the	729
sentencing court or by the parole board.	730

(T) "Intensive probation supervision" means a requirement	731
that an offender maintain frequent contact with a person appointed	732
by the court, or by the parole board pursuant to section 2967.28	733
of the Revised Code, to supervise the offender while the offender	734
is seeking or maintaining necessary employment and participating	735
in training, education, and treatment programs as required in the	736
court's or parole board's order. "Intensive probation	737
supervision" includes intensive parole supervision and intensive	738
post-release control supervision.	739

(U) "Jail" means a jail, workhouse, minimum security jail,	740
or other residential facility used for the confinement of alleged	741
or convicted offenders that is operated by a political subdivision	742
or a combination of political subdivisions of this state.	743

(V) "Delinquent child" has the same meaning as in section	744
2152.02 of the Revised Code.	745

(W) "License violation report" means a report that is made	746
by a sentencing court, or by the parole board pursuant to section	747
2967.28 of the Revised Code, to the regulatory or licensing board	748
or agency that issued an offender a professional license or a	749
license or permit to do business in this state and that specifies	750
that the offender has been convicted of or pleaded guilty to an	751
offense that may violate the conditions under which the offender's	752
professional license or license or permit to do business in this	753
state was granted or an offense for which the offender's	754
professional license or license or permit to do business in this	755
state may be revoked or suspended.	756

(X) "Major drug offender" means an offender who is convicted	757
of or pleads guilty to the possession of, sale of, or offer to	758
sell any drug, compound, mixture, preparation, or substance that	759
consists of or contains at least one thousand grams of hashish; at	760
least one hundred grams of crack cocaine; at least one thousand	761
grams of cocaine that is not crack cocaine; at least two thousand	762
five hundred unit doses or two hundred fifty grams of heroin; at	763
least five thousand unit doses of L.S.D. or five hundred grams of	764
L.S.D. in a liquid concentrate, liquid extract, or liquid	765
distillate form; or at least one hundred times the amount of any	766
other schedule I or II controlled substance other than marihuana	767
that is necessary to commit a felony of the third degree pursuant	768
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	769
Code that is based on the possession of, sale of, or offer to sell	770
the controlled substance.	771

(Y) "Mandatory prison term" means any of the following:

772

(1) Subject to division (Y)(2) of this section, the term in	773
prison that must be imposed for the offenses or circumstances set	774
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	775
division (D) of section 2929.14 of the Revised Code. Except as	776
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	777
2925.11 of the Revised Code, unless the maximum or another	778
specific term is required under section 2929.14 of the Revised	779
Code, a mandatory prison term described in this division may be	780
any prison term authorized for the level of offense.	781

(2) The term of sixty or one hundred twenty days in prison	782
that a sentencing court is required to impose for a third or	783
fourth degree felony OMVI offense pursuant to division (G)(2) of	784
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	785
the Revised Code.	786

(3) The term in prison imposed pursuant to section 2971.03	787
of the Revised Code for the offenses and in the circumstances	788
described in division (F)(11) of section 2929.13 of the Revised	789
Code and that term as modified or terminated pursuant to section	790
2971.05 of the Revised Code.	791

(Z) "Monitored time" means a period of time during which an	792
offender continues to be under the control of the sentencing court	793
or parole board, subject to no conditions other than leading a	794
law-abiding life.	795

(AA) "Offender" means a person who, in this state, is	796
convicted of or pleads guilty to a felony or a misdemeanor.	797

(BB) "Prison" means a residential facility used for the	798
confinement of convicted felony offenders that is under the	799
control of the department of rehabilitation and correction but	800
does not include a violation sanction center operated under	801
authority of section 2967.141 of the Revised Code.	802

(CC) "Prison term" includes any of the following sanctions	803
for an offender:	804

(1) A stated prison term;

805

(2) A term in a prison shortened by, or with the approval	806
of, the sentencing court pursuant to section 2929.20, 2967.26,	807
5120.031, 5120.032, or 5120.073 of the Revised Code;	808

(3) A term in prison extended by bad time imposed pursuant	809
to section 2967.11 of the Revised Code or imposed for a violation	810
of post-release control pursuant to section 2967.28 of the Revised	811
Code.	812

(DD) "Repeat violent offender" means a person about whom	813
both of the following apply:	814

(1) The person has been convicted of or has pleaded guilty	815
to, and is being sentenced for committing, for complicity in	816
committing, or for an attempt to commit, aggravated murder,	817
murder, involuntary manslaughter, a felony of the first degree	818
other than one set forth in Chapter 2925. of the Revised Code, a	819
felony of the first degree set forth in Chapter 2925. of the	820
Revised Code that involved an attempt to cause serious physical	821
harm to a person or that resulted in serious physical harm to a	822
person, or a felony of the second degree that involved an attempt	823
to cause serious physical harm to a person or that resulted in	824
serious physical harm to a person.	825

(2) Either of the following applies:

826

(a) The person previously was convicted of or pleaded guilty	827
to, and previously served or, at the time of the offense was	828
serving, a prison term for, any of the following:	829

(i) Aggravated murder, murder, involuntary manslaughter,	830
rape, felonious sexual penetration as it existed under section	831
2907.12 of the Revised Code prior to September 3, 1996, a felony	832
of the first or second degree that resulted in the death of a	833
person or in physical harm to a person, or complicity in or an	834
attempt to commit any of those offenses;	835

(ii) An offense under an existing or former law of this	836
state, another state, or the United States that is or was	837
substantially equivalent to an offense listed under division	838
(DD)(2)(a)(i) of this section and that resulted in the death of a	839
person or in physical harm to a person.	840

(b) The person previously was adjudicated a delinquent child	841
for committing an act that if committed by an adult would have	842
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	843
section, the person was committed to the department of youth	844
services for that delinquent act.	845

(EE) "Sanction" means any penalty imposed upon an offender	846
who is convicted of or pleads guilty to an offense, as punishment	847
for the offense. "Sanction" includes any sanction imposed	848
pursuant to any provision of sections 2929.14 to 2929.18 of the	849
Revised Code.	850

(FF) "Sentence" means the sanction or combination of	851
sanctions imposed by the sentencing court on an offender who is	852
convicted of or pleads guilty to a felony.	853

(GG) "Stated prison term" means the prison term, mandatory	854
prison term, or combination of all prison terms and mandatory	855
prison terms imposed by the sentencing court pursuant to section	856
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	857
includes any credit received by the offender for time spent in	858
jail awaiting trial, sentencing, or transfer to prison for the	859
offense and any time spent under house arrest or electronically	860
monitored house arrest imposed after earning credits pursuant to	861
section 2967.193 of the Revised Code.	862

(HH) "Victim-offender mediation" means a reconciliation or	863
mediation program that involves an offender and the victim of the	864
offense committed by the offender and that includes a meeting in	865
which the offender and the victim may discuss the offense, discuss	866
restitution, and consider other sanctions for the offense.	867

(II) "Fourth degree felony OMVI offense" means a violation	868
of division (A) of section 4511.19 of the Revised Code that, under	869
section 4511.99 of the Revised Code, is a felony of the fourth	870
degree.	871

(JJ) "Mandatory term of local incarceration" means the term	872
of sixty or one hundred twenty days in a jail, a community-based	873
correctional facility, a halfway house, or an alternative	874
residential facility that a sentencing court may impose upon a	875
person who is convicted of or pleads guilty to a fourth degree	876
felony OMVI offense pursuant to division (G)(1) of section 2929.13	877
of the Revised Code and division (A)(4) or (8) of section 4511.99	878
of the Revised Code.	879

(KK) "Designated homicide, assault, or kidnapping offense,"	880
"sexual motivation specification," "sexually violent offense,"	881
"sexually violent predator," and "sexually violent predator	882
specification" have the same meanings as in section 2971.01 of the	883
Revised Code.	884

(LL) "Habitual sex offender," "sexually oriented offense,"	885
and "sexual predator" have the same meanings as in section 2950.01	886
of the Revised Code.	887

(MM) An offense is "committed in the vicinity of a child" if	888
the offender commits the offense within thirty feet of or within	889
the same residential unit as a child who is under eighteen years	890
of age, regardless of whether the offender knows the age of the	891
child or whether the offender knows the offense is being committed	892
within thirty feet of or within the same residential unit as the	893
child and regardless of whether the child actually views the	894
commission of the offense.	895

(NN) "Family or household member" has the same meaning as in	896
section 2919.25 of the Revised Code.	897

(OO) "Motor vehicle" and "manufactured home" have the same	898
meanings as in section 4501.01 of the Revised Code.	899

(PP) "Detention" and "detention facility" have the same	900
meanings as in section 2921.01 of the Revised Code.	901

(QQ) "Third degree felony OMVI offense" means a violation of	902
division (A) of section 4511.19 of the Revised Code that, under	903
section 4511.99 of the Revised Code, is a felony of the third	904
degree.	905

(RR) "Random drug testing" has the same meaning as in	906
section 5120.63 of the Revised Code.	907

(SS) "Felony sex offense" has the same meaning as in section	908
2957.28 of the Revised Code.	909

(RR)(TT) "Body armor" has the same meaning as in section	910
2941.1411 of the Revised Code.	911

Sec. 2929.12.  (A) Unless otherwise required by section	912
2929.13 or 2929.14 of the Revised Code, a court that imposes a	913
sentence under this chapter upon an offender for a felony has	914
discretion to determine the most effective way to comply with the	915
purposes and principles of sentencing set forth in section 2929.11	916
of the Revised Code. In exercising that discretion, the court	917
shall consider the factors set forth in divisions (B) and (C) of	918
this section relating to the seriousness of the conduct and the	919
factors provided in divisions (D) and (E) of this section relating	920
to the likelihood of the offender's recidivism and, in addition,	921
may consider any other factors that are relevant to achieving	922
those purposes and principles of sentencing.	923

(B) The sentencing court shall consider all of the following	924
that apply regarding the offender, the offense, or the victim, and	925
any other relevant factors, as indicating that the offender's	926
conduct is more serious than conduct normally constituting the	927
offense:	928

(1) The physical or mental injury suffered by the victim of	929
the offense due to the conduct of the offender was exacerbated	930
because of the physical or mental condition or age of the victim.	931

(2) The victim of the offense suffered serious physical,	932
psychological, or economic harm as a result of the offense.	933

(3) The offender held a public office or position of trust	934
in the community, and the offense related to that office or	935
position.	936

(4) The offender's occupation, elected office, or profession	937
obliged the offender to prevent the offense or bring others	938
committing it to justice.	939

(5) The offender's professional reputation or occupation,	940
elected office, or profession was used to facilitate the offense	941
or is likely to influence the future conduct of others.	942

(6) The offender's relationship with the victim facilitated	943
the offense.	944

(7) The offender committed the offense for hire or as a part	945
of an organized criminal activity.	946

(8) In committing the offense, the offender was motivated by	947
prejudice based on race, ethnic background, gender, sexual	948
orientation, or religion.	949

(9) If the offense is a violation of section 2919.25 or a	950
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	951
Code involving a person who was a family or household member at	952
the time of the violation, the offender committed the offense in	953
the vicinity of one or more children who are not victims of the	954
offense, and the offender or the victim of the offense is a	955
parent, guardian, custodian, or person in loco parentis of one or	956
more of those children.	957

(C) The sentencing court shall consider all of the following	958
that apply regarding the offender, the offense, or the victim, and	959
any other relevant factors, as indicating that the offender's	960
conduct is less serious than conduct normally constituting the	961
offense:	962

(1) The victim induced or facilitated the offense.

963

(2) In committing the offense, the offender acted under	964
strong provocation.	965

(3) In committing the offense, the offender did not cause or	966
expect to cause physical harm to any person or property.	967

(4) There are substantial grounds to mitigate the offender's	968
conduct, although the grounds are not enough to constitute a	969
defense.	970

(D) The sentencing court shall consider all of the following	971
that apply regarding the offender, and any other relevant factors,	972
as factors indicating that the offender is likely to commit future	973
crimes:	974

(1) At the time of committing the offense, the offender was	975
under release from confinement before trial or sentencing, under a	976
sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18	977
of the Revised Code, or under post-release control pursuant to	978
section 2967.28 or any other provision of the Revised Code for an	979
earlier offense or had been unfavorably terminated from	980
post-release control for a prior offense pursuant to division (B)	981
of section 2967.16 or section 2929.141 of the Revised Code.	982

(2) The offender previously was adjudicated a delinquent	983
child pursuant to Chapter 2151. of the Revised Code prior to the	984
effective date of this amendmentJanuary 1, 2002, or pursuant to	985
Chapter 2152. of the Revised Code, or the offender has a history	986
of criminal convictions.	987

(3) The offender has not been rehabilitated to a	988
satisfactory degree after previously being adjudicated a	989
delinquent child pursuant to Chapter 2151. of the Revised Code	990
prior to the effective date of this amendmentJanuary 1, 2002, or	991
pursuant to Chapter 2152. of the Revised Code, or the offender has	992
not resondedresponded favorably to sanctions previously imposed	993
for criminal convictions.	994

(4) The offender has demonstrated a pattern of drug or	995
alcohol abuse that is related to the offense, and the offender	996
refuses to acknowledge that the offender has demonstrated that	997
pattern, or the offender refuses treatment for the drug or alcohol	998
abuse.	999

(5) The offender shows no genuine remorse for the offense.

1000

(E) The sentencing court shall consider all of the following	1001
that apply regarding the offender, and any other relevant factors,	1002
as factors indicating that the offender is not likely to commit	1003
future crimes:	1004

(1) Prior to committing the offense, the offender had not	1005
been adjudicated a delinquent child.	1006

(2) Prior to committing the offense, the offender had not	1007
been convicted of or pleaded guilty to a criminal offense.	1008

(3) Prior to committing the offense, the offender had led a	1009
law-abiding life for a significant number of years.	1010

(4) The offense was committed under circumstances not	1011
likely to recur.	1012

(5) The offender shows genuine remorse for the offense.

1013

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1014
or (G) of this section and unless a specific sanction is required	1015
to be imposed or is precluded from being imposed pursuant to law,	1016
a court that imposes a sentence upon an offender for a felony may	1017
impose any sanction or combination of sanctions on the offender	1018
that are provided in sections 2929.14 to 2929.18 of the Revised	1019
Code. The sentence shall not impose an unnecessary burden on	1020
state or local government resources.	1021

If the offender is eligible to be sentenced to community	1022
control sanctions, the court shall consider the appropriateness of	1023
imposing a financial sanction pursuant to section 2929.18 of the	1024
Revised Code or a sanction of community service pursuant to	1025
section 2929.17 of the Revised Code as the sole sanction for the	1026
offense. Except as otherwise provided in this division, if the	1027
court is required to impose a mandatory prison term for the	1028
offense for which sentence is being imposed, the court also may	1029
impose a financial sanction pursuant to section 2929.18 of the	1030
Revised Code but may not impose any additional sanction or	1031
combination of sanctions under section 2929.16 or 2929.17 of the	1032
Revised Code.	1033

If the offender is being sentenced for a fourth degree felony	1034
OMVI offense or for a third degree felony OMVI offense, in	1035
addition to the mandatory term of local incarceration or the	1036
mandatory prison term required for the offense by division (G)(1)	1037
or (2) of this section, the court shall impose upon the offender a	1038
mandatory fine in accordance with division (B)(3) of section	1039
2929.18 of the Revised Code and may impose whichever of the	1040
following is applicable:	1041

(1) For a fourth degree felony OMVI offense for which	1042
sentence is imposed under division (G)(1) of this section, an	1043
additional community control sanction or combination of community	1044
control sanctions under section 2929.16 or 2929.17 of the Revised	1045
Code;	1046

(2) For a third or fourth degree felony OMVI offense for	1047
which sentence is imposed under division (G)(2) of this section,	1048
an additional prison term as described in division (D)(4) of	1049
section 2929.14 of the Revised Code.	1050

(B)(1) Except as provided in division (B)(2), (E), (F), or	1051
(G) of this section, in sentencing an offender for a felony of the	1052
fourth or fifth degree, the sentencing court shall determine	1053
whether any of the following apply:	1054

(a) In committing the offense, the offender caused physical	1055
harm to a person.	1056

(b) In committing the offense, the offender attempted to	1057
cause or made an actual threat of physical harm to a person with a	1058
deadly weapon.	1059

(c) In committing the offense, the offender attempted to	1060
cause or made an actual threat of physical harm to a person, and	1061
the offender previously was convicted of an offense that caused	1062
physical harm to a person.	1063

(d) The offender held a public office or position of trust	1064
and the offense related to that office or position; the offender's	1065
position obliged the offender to prevent the offense or to bring	1066
those committing it to justice; or the offender's professional	1067
reputation or position facilitated the offense or was likely to	1068
influence the future conduct of others.	1069

(e) The offender committed the offense for hire or as part	1070
of an organized criminal activity.	1071

(f) The offense is a sex offense that is a fourth or fifth	1072
degree felony violation of section 2907.03, 2907.04, 2907.05,	1073
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	1074
Revised Code.	1075

(g) The offender at the time of the offense was serving, or	1076
the offender previously had served, a prison term.	1077

(h) The offender committed the offense while under a	1078
community control sanction, while on probation, or while released	1079
from custody on a bond or personal recognizance.	1080

(i) The offender committed the offense while in possession	1081
of a firearm.	1082

(2)(a) If the court makes a finding described in division	1083
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	1084
section and if the court, after considering the factors set forth	1085
in section 2929.12 of the Revised Code, finds that a prison term	1086
is consistent with the purposes and principles of sentencing set	1087
forth in section 2929.11 of the Revised Code and finds that the	1088
offender is not amenable to an available community control	1089
sanction, the court shall impose a prison term upon the offender.	1090

(b) Except as provided in division (E), (F), or (G) of this	1091
section, if the court does not make a finding described in	1092
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	1093
this section and if the court, after considering the factors set	1094
forth in section 2929.12 of the Revised Code, finds that a	1095
community control sanction or combination of community control	1096
sanctions is consistent with the purposes and principles of	1097
sentencing set forth in section 2929.11 of the Revised Code, the	1098
court shall impose a community control sanction or combination of	1099
community control sanctions upon the offender.	1100

(C) Except as provided in division (E), (F), or (G) of this	1101
section, in determining whether to impose a prison term as a	1102
sanction for a felony of the third degree or a felony drug offense	1103
that is a violation of a provision of Chapter 2925. of the Revised	1104
Code and that is specified as being subject to this division for	1105
purposes of sentencing, the sentencing court shall comply with the	1106
purposes and principles of sentencing under section 2929.11 of the	1107
Revised Code and with section 2929.12 of the Revised Code.	1108

(D) Except as provided in division (E) or (F) of this	1109
section, for a felony of the first or second degree and for a	1110
felony drug offense that is a violation of any provision of	1111
Chapter 2925., 3719., or 4729. of the Revised Code for which a	1112
presumption in favor of a prison term is specified as being	1113
applicable, it is presumed that a prison term is necessary in	1114
order to comply with the purposes and principles of sentencing	1115
under section 2929.11 of the Revised Code. Notwithstanding the	1116
presumption established under this division, the sentencing court	1117
may impose a community control sanction or a combination of	1118
community control sanctions instead of a prison term on an	1119
offender for a felony of the first or second degree or for a	1120
felony drug offense that is a violation of any provision of	1121
Chapter 2925., 3719., or 4729. of the Revised Code for which a	1122
presumption in favor of a prison term is specified as being	1123
applicable if it makes both of the following findings:	1124

(1) A community control sanction or a combination of	1125
community control sanctions would adequately punish the offender	1126
and protect the public from future crime, because the applicable	1127
factors under section 2929.12 of the Revised Code indicating a	1128
lesser likelihood of recidivism outweigh the applicable factors	1129
under that section indicating a greater likelihood of recidivism.	1130

(2) A community control sanction or a combination of	1131
community control sanctions would not demean the seriousness of	1132
the offense, because one or more factors under section 2929.12 of	1133
the Revised Code that indicate that the offender's conduct was	1134
less serious than conduct normally constituting the offense are	1135
applicable, and they outweigh the applicable factors under that	1136
section that indicate that the offender's conduct was more serious	1137
than conduct normally constituting the offense.	1138

(E)(1) Except as provided in division (F) of this section,	1139
for any drug offense that is a violation of any provision of	1140
Chapter 2925. of the Revised Code and that is a felony of the	1141
third, fourth, or fifth degree, the applicability of a presumption	1142
under division (D) of this section in favor of a prison term or of	1143
division (B) or (C) of this section in determining whether to	1144
impose a prison term for the offense shall be determined as	1145
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1146
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	1147
Revised Code, whichever is applicable regarding the violation.	1148

(2) If an offender who was convicted of or pleaded guilty to	1149
a felony violates the conditions of a community control sanction	1150
imposed for the offense solely by reason of producing positive	1151
results on a drug test, the court, as punishment for the violation	1152
of the sanction, shall not order that the offender be imprisoned	1153
unless the court determines on the record either of the following:	1154

(a) The offender had been ordered as a sanction for the	1155
felony to participate in a drug treatment program, in a drug	1156
education program, or in narcotics anonymous or a similar program,	1157
and the offender continued to use illegal drugs after a reasonable	1158
period of participation in the program.	1159

(b) The imprisonment of the offender for the violation is	1160
consistent with the purposes and principles of sentencing set	1161
forth in section 2929.11 of the Revised Code.	1162

(F) Notwithstanding divisions (A) to (E) of this section,	1163
the court shall impose a prison term or terms under sections	1164
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the	1165
Revised Code and except as specifically provided in section	1166
2929.20 or 2967.191 of the Revised Code or when parole is	1167
authorized for the offense under section 2967.13 of the Revised	1168
Code shall not reduce the terms pursuant to section 2929.20,	1169
section 2967.193, or any other provision of Chapter 2967. or	1170
Chapter 5120. of the Revised Code for any of the following	1171
offenses:	1172

(1) Aggravated murder when death is not imposed or murder;

1173

(2) Any rape, regardless of whether force was involved and	1174
regardless of the age of the victim, or an attempt to commit rape	1175
by force when the victim is under thirteen years of age;	1176

(3) Gross sexual imposition or sexual battery, if the victim	1177
is under thirteen years of age, if the offender previously was	1178
convicted of or pleaded guilty to rape, the former offense of	1179
felonious sexual penetration, gross sexual imposition, or sexual	1180
battery, and if the victim of the previous offense was under	1181
thirteen years of age;	1182

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1183
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	1184
requires the imposition of a prison term;	1185

(5) A first, second, or third degree felony drug offense for	1186
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1187
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1188
4729.99 of the Revised Code, whichever is applicable regarding the	1189
violation, requires the imposition of a mandatory prison term;	1190

(6) Any offense that is a first or second degree felony and	1191
that is not set forth in division (F)(1), (2), (3), or (4) of this	1192
section, if the offender previously was convicted of or pleaded	1193
guilty to aggravated murder, murder, any first or second degree	1194
felony, or an offense under an existing or former law of this	1195
state, another state, or the United States that is or was	1196
substantially equivalent to one of those offenses;	1197

(7) Any offense that is a third degree felony and that is	1198
listed in division (DD)(1) of section 2929.01 of the Revised Code	1199
if the offender previously was convicted of or pleaded guilty to	1200
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	1201
section 2929.01 of the Revised Code;	1202

(8) Any offense, other than a violation of section 2923.12	1203
of the Revised Code, that is a felony, if the offender had a	1204
firearm on or about the offender's person or under the offender's	1205
control while committing the felony, with respect to a portion of	1206
the sentence imposed pursuant to division (D)(1)(a) of section	1207
2929.14 of the Revised Code for having the firearm;	1208

(9) Any offense of violence that is a felony, if the	1209
offender wore or carried body armor while committing the felony	1210
offense of violence, with respect to the portion of the sentence	1211
imposed pursuant to division (D)(1)(d) of section 2929.14 of the	1212
Revised Code for wearing or carrying the body armor;	1213

(10) Corrupt activity in violation of section 2923.32 of the	1214
Revised Code when the most serious offense in the pattern of	1215
corrupt activity that is the basis of the offense is a felony of	1216
the first degree;	1217

(11) Any sexually violent offense for which the offender	1218
also is convicted of or pleads guilty to a sexually violent	1219
predator specification that was included in the indictment, count	1220
in the indictment, or information charging the sexually violent	1221
offense;	1222

(12) A violation of division (A)(1) or (2) of section	1223
2921.36 of the Revised Code, or a violation of division (C) of	1224
that section involving an item listed in division (A)(1) or (2) of	1225
that section, if the offender is an officer or employee of the	1226
department of rehabilitation and correction.	1227

(G) Notwithstanding divisions (A) to (E) of this section, if	1228
an offender is being sentenced for a fourth degree felony OMVI	1229
offense or for a third degree felony OMVI offense, the court shall	1230
impose upon the offender a mandatory term of local incarceration	1231
or a mandatory prison term in accordance with the following:	1232

(1) If the offender is being sentenced for a fourth degree	1233
felony OMVI offense, the court may impose upon the offender a	1234
mandatory term of local incarceration of sixty days as specified	1235
in division (A)(4) of section 4511.99 of the Revised Code or a	1236
mandatory term of local incarceration of one hundred twenty days	1237
as specified in division (A)(8) of that section. The court shall	1238
not reduce the term pursuant to section 2929.20, 2967.193, or any	1239
other provision of the Revised Code. The court that imposes a	1240
mandatory term of local incarceration under this division shall	1241
specify whether the term is to be served in a jail, a	1242
community-based correctional facility, a halfway house, or an	1243
alternative residential facility, and the offender shall serve the	1244
term in the type of facility specified by the court. A mandatory	1245
term of local incarceration imposed under division (G)(1) of this	1246
section is not subject to extension under section 2967.11 of the	1247
Revised Code, to a period of post-release control under section	1248
2967.28 of the Revised Code, or to any other Revised Code	1249
provision that pertains to a prison term.	1250

(2) If the offender is being sentenced for a third degree	1251
felony OMVI offense, or if the offender is being sentenced for a	1252
fourth degree felony OMVI offense and the court does not impose a	1253
mandatory term of local incarceration under division (G)(1) of	1254
this section, the court shall impose upon the offender a mandatory	1255
prison term of sixty days as specified in division (A)(4) of	1256
section 4511.99 of the Revised Code or a mandatory prison term of	1257
one hundred twenty days as specified in division (A)(8) of that	1258
section. The court shall not reduce the term pursuant to section	1259
2929.20, 2967.193, or any other provision of the Revised Code. In	1260
no case shall an offender who once has been sentenced to a	1261
mandatory term of local incarceration pursuant to division (G)(1)	1262
of this section for a fourth degree felony OMVI offense be	1263
sentenced to another mandatory term of local incarceration under	1264
that division for any violation of division (A) of section 4511.19	1265
of the Revised Code. The court shall not sentence the offender to	1266
a community control sanction under section 2929.16 or 2929.17 of	1267
the Revised Code. The department of rehabilitation and correction	1268
may place an offender sentenced to a mandatory prison term under	1269
this division in an intensive program prison established pursuant	1270
to section 5120.033 of the Revised Code if the department gave the	1271
sentencing judge prior notice of its intent to place the offender	1272
in an intensive program prison established under that section and	1273
if the judge did not notify the department that the judge	1274
disapproved the placement. Upon the establishment of the initial	1275
intensive program prison pursuant to section 5120.033 of the	1276
Revised Code that is privately operated and managed by a	1277
contractor pursuant to a contract entered into under section 9.06	1278
of the Revised Code, both of the following apply:	1279

(a) The department of rehabilitation and correction shall	1280
make a reasonable effort to ensure that a sufficient number of	1281
offenders sentenced to a mandatory prison term under this division	1282
are placed in the privately operated and managed prison so that	1283
the privately operated and managed prison has full occupancy.	1284

(b) Unless the privately operated and managed prison has	1285
full occupancy, the department of rehabilitation and correction	1286
shall not place any offender sentenced to a mandatory prison term	1287
under this division in any intensive program prison established	1288
pursuant to section 5120.033 of the Revised Code other than the	1289
privately operated and managed prison.	1290

(H) If an offender is being sentenced for a sexually	1291
oriented offense committed on or after January 1, 1997, the judge	1292
shall require the offender to submit to a DNA specimen collection	1293
procedure pursuant to section 2901.07 of the Revised Code if	1294
either of the following applies:	1295

(1) The offense was a sexually violent offense, and the	1296
offender also was convicted of or pleaded guilty to a sexually	1297
violent predator specification that was included in the	1298
indictment, count in the indictment, or information charging the	1299
sexually violent offense.	1300

(2) The judge imposing sentence for the sexually oriented	1301
offense determines pursuant to division (B) of section 2950.09 of	1302
the Revised Code that the offender is a sexual predator.	1303

(I) If an offender is being sentenced for a sexually	1304
oriented offense committed on or after January 1, 1997, the judge	1305
shall include in the sentence a summary of the offender's duty to	1306
register pursuant to section 2950.04 of the Revised Code, the	1307
offender's duty to provide notice of a change in residence address	1308
and register the new residence address pursuant to section 2950.05	1309
of the Revised Code, the offender's duty to periodically verify	1310
the offender's current residence address pursuant to section	1311
2950.06 of the Revised Code, and the duration of the duties. The	1312
judge shall inform the offender, at the time of sentencing, of	1313
those duties and of their duration and, if required under division	1314
(A)(2) of section 2950.03 of the Revised Code, shall perform the	1315
duties specified in that section.	1316

(J)(1) Except as provided in division (J)(2) of this	1317
section, when considering sentencing factors under this section in	1318
relation to an offender who is convicted of or pleads guilty to an	1319
attempt to commit an offense in violation of section 2923.02 of	1320
the Revised Code, the sentencing court shall consider the factors	1321
applicable to the felony category of the violation of section	1322
2923.02 of the Revised Code instead of the factors applicable to	1323
the felony category of the offense attempted.	1324

(2) When considering sentencing factors under this section	1325
in relation to an offender who is convicted of or pleads guilty to	1326
an attempt to commit a drug abuse offense for which the penalty is	1327
determined by the amount or number of unit doses of the controlled	1328
substance involved in the drug abuse offense, the sentencing court	1329
shall consider the factors applicable to the felony category that	1330
the drug abuse offense attempted would be if that drug abuse	1331
offense had been committed and had involved an amount or number of	1332
unit doses of the controlled substance that is within the next	1333
lower range of controlled substance amounts than was involved in	1334
the attempt.	1335

(K) As used in this section, "drug abuse offense" has the	1336
same meaning as in section 2925.01 of the Revised Code.	1337

Sec. 2929.14.  (A) Except as provided in division (C),	1338
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	1339
in relation to an offense for which a sentence of death or life	1340
imprisonment is to be imposed, if the court imposing a sentence	1341
upon an offender for a felony elects or is required to impose a	1342
prison term on the offender pursuant to this chapter and is not	1343
prohibited by division (G)(1) of section 2929.13 of the Revised	1344
Code from imposing a prison term on the offender, the court shall	1345
impose a definite prison term that shall be one of the following:	1346

(1) For a felony of the first degree, the prison term shall	1347
be three, four, five, six, seven, eight, nine, or ten years.	1348

(2) For a felony of the second degree, the prison term shall	1349
be two, three, four, five, six, seven, or eight years.	1350

(3) For a felony of the third degree, the prison term shall	1351
be one, two, three, four, or five years.	1352

(4) For a felony of the fourth degree, the prison term shall	1353
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1354
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1355

(5) For a felony of the fifth degree, the prison term shall	1356
be six, seven, eight, nine, ten, eleven, or twelve months.	1357

(B) Except as provided in division (C), (D)(1), (D)(2),	1358
(D)(3), or (G) of this section, in section 2907.02 of the Revised	1359
Code, or in Chapter 2925. of the Revised Code, if the court	1360
imposing a sentence upon an offender for a felony elects or is	1361
required to impose a prison term on the offender and if the	1362
offender previously has not served a prison term, the court shall	1363
impose the shortest prison term authorized for the offense	1364
pursuant to division (A) of this section, unless theone or more	1365
of the following applies:	1366

(1) The offender was serving a prison term at the time of	1367
the offense, or the offender previously had served a prison term.	1368

(2) The court finds on the record that the shortest prison	1369
term will demean the seriousness of the offender's conduct or will	1370
not adequately protect the public from future crime by the	1371
offender or others.	1372

(C) Except as provided in division (G) of this section or in	1373
Chapter 2925. of the Revised Code, the court imposing a sentence	1374
upon an offender for a felony may impose the longest prison term	1375
authorized for the offense pursuant to division (A) of this	1376
section only upon offenders who committed the worst forms of the	1377
offense, upon offenders who pose the greatest likelihood of	1378
committing future crimes, upon certain major drug offenders under	1379
division (D)(3) of this section, and upon certain repeat violent	1380
offenders in accordance with division (D)(2) of this section.	1381

(D)(1)(a) Except as provided in division (D)(1)(e) of this	1382
section, if an offender who is convicted of or pleads guilty to a	1383
felony also is convicted of or pleads guilty to a specification of	1384
the type described in section 2941.141, 2941.144, or 2941.145 of	1385
the Revised Code, the court shall impose on the offender one of	1386
the following prison terms:	1387

(i) A prison term of six years if the specification is of	1388
the type described in section 2941.144 of the Revised Code that	1389
charges the offender with having a firearm that is an automatic	1390
firearm or that was equipped with a firearm muffler or silencer on	1391
or about the offender's person or under the offender's control	1392
while committing the felony;	1393

(ii) A prison term of three years if the specification is of	1394
the type described in section 2941.145 of the Revised Code that	1395
charges the offender with having a firearm on or about the	1396
offender's person or under the offender's control while committing	1397
the offense and displaying the firearm, brandishing the firearm,	1398
indicating that the offender possessed the firearm, or using it to	1399
facilitate the offense;	1400

(iii) A prison term of one year if the specification is of	1401
the type described in section 2941.141 of the Revised Code that	1402
charges the offender with having a firearm on or about the	1403
offender's person or under the offender's control while committing	1404
the felony.	1405

(b) If a court imposes a prison term on an offender under	1406
division (D)(1)(a) of this section, the prison term shall not be	1407
reduced pursuant to section 2929.20, section 2967.193, or any	1408
other provision of Chapter 2967. or Chapter 5120. of the Revised	1409
Code. A court shall not impose more than one prison term on an	1410
offender under division (D)(1)(a) of this section for felonies	1411
committed as part of the same act or transaction.	1412

(c) Except as provided in division (D)(1)(e) of this	1413
section, if an offender who is convicted of or pleads guilty to a	1414
violation of section 2923.161 of the Revised Code or to a felony	1415
that includes, as an essential element, purposely or knowingly	1416
causing or attempting to cause the death of or physical harm to	1417
another, also is convicted of or pleads guilty to a specification	1418
of the type described in section 2941.146 of the Revised Code that	1419
charges the offender with committing the offense by discharging a	1420
firearm from a motor vehicle other than a manufactured home, the	1421
court, after imposing a prison term on the offender for the	1422
violation of section 2923.161 of the Revised Code or for the other	1423
felony offense under division (A), (D)(2), or (D)(3) of this	1424
section, shall impose an additional prison term of five years upon	1425
the offender that shall not be reduced pursuant to section	1426
2929.20, section 2967.193, or any other provision of Chapter 2967.	1427
or Chapter 5120. of the Revised Code. A court shall not impose	1428
more than one additional prison term on an offender under division	1429
(D)(1)(c) of this section for felonies committed as part of the	1430
same act or transaction. If a court imposes an additional prison	1431
term on an offender under division (D)(1)(c) of this section	1432
relative to an offense, the court also shall impose a prison term	1433
under division (D)(1)(a) of this section relative to the same	1434
offense, provided the criteria specified in that division for	1435
imposing an additional prison term are satisfied relative to the	1436
offender and the offense.	1437

(d) If an offender who is convicted of or pleads guilty to	1438
an offense of violence that is a felony also is convicted of or	1439
pleads guilty to a specification of the type described in section	1440
2941.1411 of the Revised Code that charges the offender with	1441
wearing or carrying body armor while committing the felony offense	1442
of violence, the court shall impose on the offender a prison term	1443
of two years. The prison term so imposed shall not be reduced	1444
pursuant to section 2929.20, section 2967.193, or any other	1445
provision of chapterChapter 2967. or chapterChapter 5120. of the	1446
Revised Code. A court shall not impose more than one prison term	1447
on an offender under division (D)(1)(d) of this section for	1448
felonies committed as part of the same act or transaction. If a	1449
court imposes an additional prison term under division (D)(1)(a)	1450
or (c) of this section, the court is not precluded from imposing	1451
an additional prison term under division (D)(1)(d) of this	1452
section.	1453

(e) The court shall not impose any of the prison terms	1454
described in division (D)(1)(a) of this section or any of the	1455
additional prison terms described in division (D)(1)(c) of this	1456
section upon an offender for a violation of section 2923.12 or	1457
2923.123 of the Revised Code. The court shall not impose any of	1458
the prison terms described in division (D)(1)(a) of this section	1459
or any of the additional prison terms described in division	1460
(D)(1)(c) of this section upon an offender for a violation of	1461
section 2923.13 of the Revised Code unless all of the following	1462
apply:	1463

(i) The offender previously has been convicted of aggravated	1464
murder, murder, or any felony of the first or second degree.	1465

(ii) Less than five years have passed since the offender was	1466
released from prison or post-release control, whichever is later,	1467
for the prior offense.	1468

(2)(a) If an offender who is convicted of or pleads guilty	1469
to a felony also is convicted of or pleads guilty to a	1470
specification of the type described in section 2941.149 of the	1471
Revised Code that the offender is a repeat violent offender, the	1472
court shall impose a prison term from the range of terms	1473
authorized for the offense under division (A) of this section that	1474
may be the longest term in the range and that shall not be reduced	1475
pursuant to section 2929.20, section 2967.193, or any other	1476
provision of Chapter 2967. or Chapter 5120. of the Revised Code.	1477
If the court finds that the repeat violent offender, in committing	1478
the offense, caused any physical harm that carried a substantial	1479
risk of death to a person or that involved substantial permanent	1480
incapacity or substantial permanent disfigurement of a person, the	1481
court shall impose the longest prison term from the range of terms	1482
authorized for the offense under division (A) of this section.	1483

(b) If the court imposing a prison term on a repeat violent	1484
offender imposes the longest prison term from the range of terms	1485
authorized for the offense under division (A) of this section, the	1486
court may impose on the offender an additional definite prison	1487
term of one, two, three, four, five, six, seven, eight, nine, or	1488
ten years if the court finds that both of the following apply with	1489
respect to the prison terms imposed on the offender pursuant to	1490
division (D)(2)(a) of this section and, if applicable, divisions	1491
(D)(1) and (3) of this section:	1492

(i) The terms so imposed are inadequate to punish the	1493
offender and protect the public from future crime, because the	1494
applicable factors under section 2929.12 of the Revised Code	1495
indicating a greater likelihood of recidivism outweigh the	1496
applicable factors under that section indicating a lesser	1497
likelihood of recidivism.	1498

(ii) The terms so imposed are demeaning to the seriousness	1499
of the offense, because one or more of the factors under section	1500
2929.12 of the Revised Code indicating that the offender's conduct	1501
is more serious than conduct normally constituting the offense are	1502
present, and they outweigh the applicable factors under that	1503
section indicating that the offender's conduct is less serious	1504
than conduct normally constituting the offense.	1505

(3)(a) Except when an offender commits a violation of	1506
section 2903.01 or 2907.02 of the Revised Code and the penalty	1507
imposed for the violation is life imprisonment or commits a	1508
violation of section 2903.02 of the Revised Code, if the offender	1509
commits a violation of section 2925.03 or 2925.11 of the Revised	1510
Code and that section classifies the offender as a major drug	1511
offender and requires the imposition of a ten-year prison term on	1512
the offender, if the offender commits a felony violation of	1513
section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08,	1514
3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of	1515
section 3719.172, division (C) of section 4729.51, or division (J)	1516
of section 4729.54 of the Revised Code that includes the sale,	1517
offer to sell, or possession of a schedule I or II controlled	1518
substance, with the exception of marihuana, and the court imposing	1519
sentence upon the offender finds that the offender is guilty of a	1520
specification of the type described in section 2941.1410 of the	1521
Revised Code charging that the offender is a major drug offender,	1522
or if the court imposing sentence upon an offender for a felony	1523
finds that the offender is guilty of corrupt activity with the	1524
most serious offense in the pattern of corrupt activity being a	1525
felony of the first degree or is guilty of an attempted forcible	1526
violation of section 2907.02 of the Revised Code with the victim	1527
being under thirteen years of age and that attempted violation is	1528
the felony for which sentence is being imposed, the court shall	1529
impose upon the offender for the felony violation a ten-year	1530
prison term that cannot be reduced pursuant to section 2929.20 or	1531
Chapter 2967. or 5120. of the Revised Code.	1532

(b) The court imposing a prison term on an offender under	1533
division (D)(3)(a) of this section may impose an additional prison	1534
term of one, two, three, four, five, six, seven, eight, nine, or	1535
ten years, if the court, with respect to the term imposed under	1536
division (D)(3)(a) of this section and, if applicable, divisions	1537
(D)(1) and (2) of this section, makes both of the findings set	1538
forth in divisions (D)(2)(b)(i) and (ii) of this section.	1539

(4) If the offender is being sentenced for a third or fourth	1540
degree felony OMVI offense under division (G)(2) of section	1541
2929.13 of the Revised Code, the sentencing court shall impose	1542
upon the offender a mandatory prison term in accordance with that	1543
division. In addition to the mandatory prison term, the	1544
sentencing court may sentence the offender to an additional prison	1545
term of any duration specified in division (A)(3) of this section	1546
minus the sixty or one hundred twenty days imposed upon the	1547
offender as the mandatory prison term. The total of the	1548
additional prison term imposed under division (D)(4) of this	1549
section plus the sixty or one hundred twenty days imposed as the	1550
mandatory prison term shall equal one of the authorized prison	1551
terms specified in division (A)(3) of this section. If the court	1552
imposes an additional prison term under division (D)(4) of this	1553
section, the offender shall serve the additional prison term after	1554
the offender has served the mandatory prison term required for the	1555
offense. The court shall not sentence the offender to a community	1556
control sanction under section 2929.16 or 2929.17 of the Revised	1557
Code.	1558

(E)(1)(a) Subject to division (E)(1)(b) of this section, if	1559
a mandatory prison term is imposed upon an offender pursuant to	1560
division (D)(1)(a) of this section for having a firearm on or	1561
about the offender's person or under the offender's control while	1562
committing a felony, if a mandatory prison term is imposed upon an	1563
offender pursuant to division (D)(1)(c) of this section for	1564
committing a felony specified in that division by discharging a	1565
firearm from a motor vehicle, or if both types of mandatory prison	1566
terms are imposed, the offender shall serve any mandatory prison	1567
term imposed under either division consecutively to any other	1568
mandatory prison term imposed under either division or under	1569
division (D)(1)(d) of this section, consecutively to and prior to	1570
any prison term imposed for the underlying felony pursuant to	1571
division (A), (D)(2), or (D)(3) of this section or any other	1572
section of the Revised Code, and consecutively to any other prison	1573
term or mandatory prison term previously or subsequently imposed	1574
upon the offender.	1575

(b) If a mandatory prison term is imposed upon an offender	1576
pursuant to division (D)(1)(d) of this section for wearing or	1577
carrying body armor while committing an offense of violence that	1578
is a felony, the offender shall serve the mandatory term so	1579
imposed consecutively to any other mandatory prison term imposed	1580
under that division or under division (D)(1)(a) or (c) of this	1581
section, consecutively to and prior to any prison term imposed for	1582
the underlying felony under division (A), (D)(2), or (D)(3) of	1583
this section or any other section of the Revised Code, and	1584
consecutively to any other prison term or mandatory prison term	1585
previously or subsequently imposed upon the offender.	1586

(2) If an offender who is an inmate in a jail, prison, or	1587
other residential detention facility violates section 2917.02,	1588
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	1589
who is under detention at a detention facility commits a felony	1590
violation of section 2923.131 of the Revised Code, or if an	1591
offender who is an inmate in a jail, prison, or other residential	1592
detention facility or is under detention at a detention facility	1593
commits another felony while the offender is an escapee in	1594
violation of section 2921.34 of the Revised Code, any prison term	1595
imposed upon the offender for one of those violations shall be	1596
served by the offender consecutively to the prison term or term of	1597
imprisonment the offender was serving when the offender committed	1598
that offense and to any other prison term previously or	1599
subsequently imposed upon the offender.	1600

(3) If a prison term is imposed for a violation of division	1601
(B) of section 2911.01 of the Revised Code or if a prison term is	1602
imposed for a felony violation of division (B) of section 2921.331	1603
of the Revised Code, the offender shall serve that prison term	1604
consecutively to any other prison term or mandatory prison term	1605
previously or subsequently imposed upon the offender.	1606

(4) If multiple prison terms are imposed on an offender for	1607
convictions of multiple offenses, the court may require the	1608
offender to serve the prison terms consecutively if the court	1609
finds that the consecutive service is necessary to protect the	1610
public from future crime or to punish the offender and that	1611
consecutive sentences are not disproportionate to the seriousness	1612
of the offender's conduct and to the danger the offender poses to	1613
the public, and if the court also finds any of the following:	1614

(a) The offender committed one or more of the multiple	1615
offenses while the offender was awaiting trial or sentencing, was	1616
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1617
2929.18 of the Revised Code, or was under post-release control for	1618
a prior offense.	1619

(b) TheAt least two of the multiple offenses were committed	1620
as part of one or more courses of conduct, and the harm caused by	1621
two or more of the multiple offenses so committed was so great or	1622
unusual that no single prison term for any of the offenses	1623
committed as part of a single courseany of the courses of conduct	1624
adequately reflects the seriousness of the offender's conduct.	1625

(c) The offender's history of criminal conduct demonstrates	1626
that consecutive sentences are necessary to protect the public	1627
from future crime by the offender.	1628

(5) When consecutive prison terms are imposed pursuant to	1629
division (E)(1), (2), (3), or (4) of this section, the term to be	1630
served is the aggregate of all of the terms so imposed.	1631

(F) If a court imposes a prison term of a type described in	1632
division (B) of section 2967.28 of the Revised Code, it shall	1633
include in the sentence a requirement that the offender be subject	1634
to a period of post-release control after the offender's release	1635
from imprisonment, in accordance with that division. If a court	1636
imposes a prison term of a type described in division (C) of that	1637
section, it shall include in the sentence a requirement that the	1638
offender be subject to a period of post-release control after the	1639
offender's release from imprisonment, in accordance with that	1640
division, if the parole board determines that a period of	1641
post-release control is necessary.	1642

(G) If a person is convicted of or pleads guilty to a	1643
sexually violent offense and also is convicted of or pleads guilty	1644
to a sexually violent predator specification that was included in	1645
the indictment, count in the indictment, or information charging	1646
that offense, the court shall impose sentence upon the offender in	1647
accordance with section 2971.03 of the Revised Code, and Chapter	1648
2971. of the Revised Code applies regarding the prison term or	1649
term of life imprisonment without parole imposed upon the offender	1650
and the service of that term of imprisonment.	1651

(H) If a person who has been convicted of or pleaded guilty	1652
to a felony is sentenced to a prison term or term of imprisonment	1653
under this section, sections 2929.02 to 2929.06 of the Revised	1654
Code, section 2971.03 of the Revised Code, or any other provision	1655
of law, section 5120.163 of the Revised Code applies regarding the	1656
person while the person is confined in a state correctional	1657
institution.	1658

(I) If an offender who is convicted of or pleads guilty to a	1659
felony that is an offense of violence also is convicted of or	1660
pleads guilty to a specification of the type described in section	1661
2941.142 of the Revised Code that charges the offender with having	1662
committed the felony while participating in a criminal gang, the	1663
court shall impose upon the offender an additional prison term of	1664
one, two, or three years.	1665

(J) If an offender who is convicted of or pleads guilty to	1666
aggravated murder, murder, or a felony of the first, second, or	1667
third degree that is an offense of violence also is convicted of	1668
or pleads guilty to a specification of the type described in	1669
section 2941.143 of the Revised Code that charges the offender	1670
with having committed the offense in a school safety zone or	1671
towards a person in a school safety zone, the court shall impose	1672
upon the offender an additional prison term of two years. The	1673
offender shall serve the additional two years consecutively to and	1674
prior to the prison term imposed for the underlying offense.	1675

(K) At the time of sentencing, the court shall determine if	1676
an offender is eligible for placement in a program of shock	1677
incarceration under section 5120.031 of the Revised Code or is	1678
eligible for placement in an intensive program prison under	1679
section 5120.032 of the Revised Code. The court may recommend the	1680
offender for placement in a program of shock incarceration, if	1681
eligible,under section 5120.031 of the Revised Code or for	1682
placement in an intensive program prison, if eligibleunder	1683
section 5120.032 of the Revised Code, disapprove placement of the	1684
offender in a program of shock incarceration or in an intensive	1685
program prison, regardless of eligibilityof that nature, or make	1686
no recommendation on placement of the offender. In no case shall	1687
the department of rehabilitation and correction place the offender	1688
in a program or prison of that nature unless the department	1689
determines as specified in section 5120.031 or 5120.032 of the	1690
Revised Code, whichever is applicable, that the offender is	1691
eligible for the placement.	1692

If the court disapproves placement of the offender in a	1693
program or prison of that nature, the department of rehabilitation	1694
and correction shall not place the offender in any program of	1695
shock incarceration or intensive program prison.	1696

If the court approvesrecommends placement of the offender in	1697
a program of shock incarceration or in an intensive program	1698
prison, the department shall notify the courtand if the offender	1699
is subsequently placed in the recommended program or prison, the	1700
department shall notify the court of the placement and shall	1701
include with the notice a brief description of the placement.	1702

If the court approvesrecommends placement of the offender in	1703
a program of shock incarceration or in an intensive program prison	1704
and the department does not subsequently place the offender in the	1705
recommended program or prison, the department shall send a notice	1706
to the court indicating why the offender was not placed in the	1707
recommended program or prison.	1708

If the court does not make a recommendation under this	1709
division with respect to an eligible offender and if the	1710
department determines as specified in section 5120.031 or 5120.032	1711
of the Revised Code, whichever is applicable, that the offender is	1712
eligible for placement in a program or prison of that nature, the	1713
department shall screen the offender and determine if there is an	1714
available program of shock incarceration or an intensive program	1715
prison for which the offender is suited. If there is an available	1716
program of shock incarceration or an intensive program prison for	1717
which the offender is suited, the department shall notify the	1718
court of the proposed placement of the offender as specified in	1719
section 5120.031 or 5120.032 of the Revised Code and shall include	1720
with the notice a brief description of the placement. The court	1721
shall have ten days from receipt of the notice to disapprove the	1722
placement.	1723

Sec. 2929.141. (A) As used in this section, "person on	1724
release" means a "releasee" or "parolee," both as defined in	1725
section 2967.01 of the Revised Code.	1726

(B) A person on release who by committing a felony violates	1727
any condition of parole, any post-release control sanction, or	1728
any conditions described in division (A) of section 2967.131 of	1729
the Revised Code that are imposed upon the person may be	1730
prosecuted for the new felony. Upon the person's conviction of or	1731
plea of guilty to the new felony, the court shall impose sentence	1732
for the new felony, the court may terminate the term of	1733
post-release control if the person is a releasee and the court may	1734
do either or both of the following for a person who is either a	1735
releasee or parolee regardless of whether the sentencing court or	1736
another court of this state imposed the original prison term for	1737
which the person is on parole or is serving a term of post-release	1738
control:	1739

(1) In addition to any prison term for the new felony,	1740
impose a prison term for the violation. If the person is a	1741
releasee, the maximum prison term for the violation shall be the	1742
greater of twelve months or the period of post-release control for	1743
the earlier felony minus any time the releasee has spent under	1744
post-release control for the earlier felony. In all cases, any	1745
prison term imposed for the violation shall be reduced by any	1746
prison term that is administratively imposed by the parole board	1747
or adult parole authority as a post-release control sanction. In	1748
all cases, a prison term imposed for the violation shall be served	1749
consecutively to any prison term imposed for the new felony. If	1750
the person is a releasee, a prison term imposed for the violation,	1751
and a prison term imposed for the new felony, shall not count as,	1752
or be credited toward, the remaining period of post-release	1753
control imposed for the earlier felony.	1754

(2) Impose a sanction under sections 2929.15 to 2929.18 of	1755
the Revised Code for the violation that shall be served	1756
concurrently or consecutively, as specified by the court, with any	1757
community control sanctions for the new felony.	1758

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	1759
hearing before imposing a sentence under this chapter upon an	1760
offender who was convicted of or pleaded guilty to a felony and	1761
before resentencing an offender who was convicted of or pleaded	1762
guilty to a felony and whose case was remanded pursuant to section	1763
2953.07 or 2953.08 of the Revised Code. At the hearing, the	1764
offender, the prosecuting attorney, the victim or the victim's	1765
representative in accordance with section 2930.14 of the Revised	1766
Code, and, with the approval of the court, any other person may	1767
present information relevant to the imposition of sentence in the	1768
case. The court shall inform the offender of the verdict of the	1769
jury or finding of the court and ask the offender whether the	1770
offender has anything to say as to why sentence should not be	1771
imposed upon the offender.	1772

(2) Except as otherwise provided in this division, before	1773
imposing sentence on an offender who is being sentenced for a	1774
sexually oriented offense that was committed on or after January	1775
1, 1997, and that is not a sexually violent offense, and before	1776
imposing sentence on an offender who is being sentenced for a	1777
sexually violent offense committed on or after January 1, 1997,	1778
and who was not charged with a sexually violent predator	1779
specification in the indictment, count in the indictment, or	1780
information charging the sexually violent offense, the court shall	1781
conduct a hearing in accordance with division (B) of section	1782
2950.09 of the Revised Code to determine whether the offender is a	1783
sexual predator. The court shall not conduct a hearing under that	1784
division if the offender is being sentenced for a sexually violent	1785
offense and a sexually violent predator specification was included	1786
in the indictment, count in the indictment, or information	1787
charging the sexually violent offense. Before imposing sentence	1788
on an offender who is being sentenced for a sexually oriented	1789
offense, the court also shall comply with division (E) of section	1790
2950.09 of the Revised Code.	1791

(B)(1) At the sentencing hearing, the court, before imposing	1792
sentence, shall consider the record, any information presented at	1793
the hearing by any person pursuant to division (A) of this	1794
section, and, if one was prepared, the presentence investigation	1795
report made pursuant to section 2951.03 of the Revised Code or	1796
Criminal Rule 32.2, and any victim impact statement made pursuant	1797
to section 2947.051 of the Revised Code.	1798

(2) The court shall impose a sentence and shall make a	1799
finding that gives its reasons for selecting the sentence imposed	1800
in any of the following circumstances:	1801

(a) Unless the offense is a sexually violent offense for	1802
which the court is required to impose sentence pursuant to	1803
division (G) of section 2929.14 of the Revised Code, if it imposes	1804
a prison term for a felony of the fourth or fifth degree or for a	1805
felony drug offense that is a violation of a provision of Chapter	1806
2925. of the Revised Code and that is specified as being subject	1807
to division (B) of section 2929.13 of the Revised Code for	1808
purposes of sentencing, its reasons for imposing the prison term,	1809
based upon the overriding purposes and principles of felony	1810
sentencing set forth in section 2929.11 of the Revised Code, and	1811
any factors listed in divisions (B)(1)(a) to (i) of section	1812
2929.13 of the Revised Code that it found to apply relative to the	1813
offender.	1814

(b) If it does not impose a prison term for a felony of the	1815
first or second degree or for a felony drug offense that is a	1816
violation of a provision of Chapter 2925. of the Revised Code and	1817
for which a presumption in favor of a prison term is specified as	1818
being applicable, its reasons for not imposing the prison term and	1819
for overriding the presumption, based upon the overriding purposes	1820
and principles of felony sentencing set forth in section 2929.11	1821
of the Revised Code, and the basis of the findings it made under	1822
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	1823

(c) If it imposes consecutive sentences under section	1824
2929.14 of the Revised Code, its reasons for imposing the	1825
consecutive sentences;	1826

(d) If the sentence is for one offense and it imposes a	1827
prison term for the offense that is the maximum prison term	1828
allowed for that offense by division (A) of section 2929.14 of the	1829
Revised Code, its reasons for imposing the maximum prison term;	1830

(e) If the sentence is for two or more offenses arising out	1831
of a single incident and it imposes a prison term for those	1832
offenses that is the maximum prison term allowed for the offense	1833
of the highest degree by division (A) of section 2929.14 of the	1834
Revised Code, its reasons for imposing the maximum prison term.	1835

(3) Subject to division (B)(4) of this section, if the	1836
sentencing court determines at the sentencing hearing that a	1837
prison term is necessary or required, the court shall do all of	1838
the following:	1839

(a) Impose a stated prison term;

1840

(b) Notify the offender that, as part of the sentence, the	1841
parole board may extend the stated prison term for certain	1842
violations of prison rules for up to one-half of the stated prison	1843
term;	1844

(c) Notify the offender that the offender will be supervised	1845
under section 2967.28 of the Revised Code after the offender	1846
leaves prison if the offender is being sentenced for a felony of	1847
the first degree or second degree, for a felony sex offense, or	1848
for a felony of the third degree in the commission of which the	1849
offender caused or threatened to cause physical harm to a person;	1850

(d) Notify the offender that the offender may be supervised	1851
under section 2967.28 of the Revised Code after the offender	1852
leaves prison if the offender is being sentenced for a felony of	1853
the third, fourth, or fifth degree that is not subject to division	1854
(B)(3)(c) of this section;	1855

(e) Notify the offender that, if a period of supervision is	1856
imposed following the offender's release from prison, as described	1857
in division (B)(3)(c) or (d) of this section, and if the offender	1858
violates that supervision or a condition of post-release control	1859
imposed under division (B) of section 2967.131 of the Revised	1860
Code, the parole board may impose a prison term, as part of the	1861
sentence, of up to one-half of the stated prison term originally	1862
imposed upon the offender;	1863

(f) Require that the offender not ingest or be injected with	1864
a drug of abuse and submit to random drug testing as provided in	1865
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	1866
is applicable to the offender who is serving a prison term, and	1867
require that the results of the drug test administered under any	1868
of those sections indicate that the offender did not ingest or was	1869
not injected with a drug of abuse.	1870

(4) If the offender is being sentenced for a sexually	1871
violent offense that the offender committed on or after January 1,	1872
1997, and the offender also is convicted of or pleads guilty to a	1873
sexually violent predator specification that was included in the	1874
indictment, count in the indictment, or information charging the	1875
sexually violent offense or if the offender is being sentenced for	1876
a sexually oriented offense that the offender committed on or	1877
after January 1, 1997, and the court imposing the sentence has	1878
determined pursuant to division (B) of section 2950.09 of the	1879
Revised Code that the offender is a sexual predator, the court	1880
shall include in the offender's sentence a statement that the	1881
offender has been adjudicated as being a sexual predator and shall	1882
comply with the requirements of section 2950.03 of the Revised	1883
Code. Additionally, in the circumstances described in division	1884
(G) of section 2929.14 of the Revised Code, the court shall impose	1885
sentence on the offender as described in that division.	1886

(5) If the sentencing court determines at the sentencing	1887
hearing that a community control sanction should be imposed and	1888
the court is not prohibited from imposing a community control	1889
sanction, the court shall impose a community control sanction. The	1890
court shall notify the offender that, if the conditions of the	1891
sanction are violated, if the offender commits a violation of any	1892
law, or if the offender leaves this state without the permission	1893
of the court or the offender's probation officer, the court may	1894
impose a longer time under the same sanction, may impose a more	1895
restrictive sanction, or may impose a prison term on the offender	1896
and shall indicate the specific prison term that may be imposed as	1897
a sanction for the violation, as selected by the court from the	1898
range of prison terms for the offense pursuant to section 2929.14	1899
of the Revised Code.	1900

(6) Before imposing a financial sanction under section	1901
2929.18 of the Revised Code or a fine under section 2929.25 of the	1902
Revised Code, the court shall consider the offender's present and	1903
future ability to pay the amount of the sanction or fine.	1904

(C)(1) If the offender is being sentenced for a fourth	1905
degree felony OMVI offense under division (G)(1) of section	1906
2929.13 of the Revised Code, the court shall impose the mandatory	1907
term of local incarceration in accordance with that division,	1908
shall impose a mandatory fine in accordance with division (B)(3)	1909
of section 2929.18 of the Revised Code, and, in addition, may	1910
impose additional sanctions as specified in sections 2929.15,	1911
2929.16, 2929.17, and 2929.18 of the Revised Code. The court	1912
shall not impose a prison term on the offender.	1913

(2) If the offender is being sentenced for a third or fourth	1914
degree felony OMVI offense under division (G)(2) of section	1915
2929.13 of the Revised Code, the court shall impose the mandatory	1916
prison term in accordance with that division, shall impose a	1917
mandatory fine in accordance with division (B)(3) of section	1918
2929.18 of the Revised Code, and, in addition, may impose an	1919
additional prison term as specified in section 2929.14 of the	1920
Revised Code. The court shall not impose any community control	1921
sanction on the offender.	1922

(D) If theThe sentencing court determines at the sentencing	1923
hearing that an offender is eligible for placement in a program of	1924
shock incarceration under section 5120.031 of the Revised Code or	1925
in an intensive program prison under section 5120.032 of the	1926
Revised Code, the court, pursuant to division (K) of section	1927
2929.14 of the Revised Code, may recommend placement of the	1928
offender in a program of shock incarceration under section	1929
5120.031 of the Revised Code or an intensive program prison under	1930
section 5120.032 of the Revised Code, disapprove placement of the	1931
offender in a program or prison of that nature, or make no	1932
recommendation. TheIf the court recommends or disapproves	1933
placement, it shall make a finding that gives its reasons for its	1934
recommendation or disapproval.	1935

Sec. 2929.20.  (A) As used in this section, "eligible	1936
offender" means any person serving a stated prison term of ten	1937
years or less when either of the following applies:	1938

(1) The stated prison term does not include a mandatory	1939
prison term.	1940

(2) The stated prison term includes a mandatory prison term,	1941
and the person has served the mandatory prison term.	1942

(B) Upon the filing of a motion by the eligible offender or	1943
upon its own motion, a sentencing court may reduce the offender's	1944
stated prison term through a judicial release in accordance with	1945
this section. The court shall not reduce the stated prison term	1946
of an offender who is not an eligible offender. An eligible	1947
offender may file a motion for judicial release with the	1948
sentencing court within the following applicable period of time:	1949

(1)(a) Except as otherwise provided in division (B)(1)(b) or	1950
(c) of this section, if the stated prison term was imposed for a	1951
felony of the fourth or fifth degree, the eligible offender may	1952
file the motion not earlier than thirty days or later than ninety	1953
days after the offender is delivered to a state correctional	1954
institution.	1955

(b) If the stated prison term is five years and is an	1956
aggregate of stated prison terms that are being served	1957
consecutively and that were imposed for any combination of	1958
felonies of the fourth degree and felonies of the fifth degree,	1959
the eligible offender may file the motion after the eligible	1960
offender has served four years of the stated prison term.	1961

(c) If the stated prison term is more than five years and	1962
lessnot more than ten years and is an aggregate of stated prison	1963
terms that are being served consecutively and that were imposed	1964
for any combination of felonies of the fourth degree and felonies	1965
of the fifth degree, the eligible offender may file the motion	1966
after the eligible offender has served five years of the stated	1967
prison term.	1968

(2) Except as otherwise provided in division (B)(3) or (4)	1969
of this section, if the stated prison term was imposed for a	1970
felony of the first, second, or third degree, the eligible	1971
offender may file the motion not earlier than one hundred eighty	1972
days after the offender is delivered to a state correctional	1973
institution.	1974

(3) If the stated prison term is five years, the eligible	1975
offender may file the motion after the eligible offender has	1976
served four years of the stated prison term.	1977

(4) If the stated prison term is more than five years and	1978
lessnot more than ten years, the eligible offender may file the	1979
motion after the eligible offender has served five years of the	1980
stated prison term.	1981

(5) If the offender's stated prison term includes a	1982
mandatory prison term, the offender shall file the motion within	1983
the time authorized under division (B)(1), (2), (3), or (4) of	1984
this section for the nonmandatory portion of the prison term, but	1985
the time for filing the motion does not begin to run until after	1986
the expiration of the mandatory portion of the prison term.	1987

(C) Upon receipt of a timely motion for judicial release	1988
filed by an eligible offender under division (B) of this section	1989
or upon the sentencing court's own motion made within the	1990
appropriate time period specified in that division, the court may	1991
schedule a hearing on the motion. The court may deny the motion	1992
without a hearing but shall not grant the motion without a	1993
hearing. If a court denies a motion without a hearing, the court	1994
may consider a subsequent judicial release for that eligible	1995
offender on its own motion or a subsequent motion filed by that	1996
eligible offender. If a court denies a motion after a hearing,	1997
the court shall not consider a subsequent motion for that eligible	1998
offender. The court shall hold only one hearing for any eligible	1999
offender.	2000

A hearing under this section shall be conducted in open court	2001
within sixty days after the date on which the motion is filed,	2002
provided that the court may delay the hearing for a period not to	2003
exceed one hundred eighty additional days. If the court holds a	2004
hearing on the motion, the court shall enter a ruling on the	2005
motion within ten days after the hearing. If the court denies the	2006
motion without a hearing, the court shall enter its ruling on the	2007
motion within sixty days after the motion is filed.	2008

(D) If a court schedules a hearing under division (C) of	2009
this section, the court shall notify the eligible offender of the	2010
hearing. The eligible offender promptly shall give a copy of the	2011
notice of the hearing to the head of the state correctional	2012
institution in which the eligible offender is confined. If the	2013
court schedules a hearing for judicial release, the court promptly	2014
shall give notice of the hearing to the prosecuting attorney of	2015
the county in which the eligible offender was indicted. Upon	2016
receipt of the notice from the court, the prosecuting attorney	2017
shall notify the victim of the offense for which the stated prison	2018
term was imposed or the victim's representative, pursuant to	2019
section 2930.16 of the Revised Code, of the hearing.	2020

(E) Prior to the date of the hearing on a motion for	2021
judicial release under this section, the head of the state	2022
correctional institution in which the eligible offender in	2023
question is confined shall send to the court a report on the	2024
eligible offender's conduct in the institution and in any	2025
institution from which the eligible offender may have been	2026
transferred. The report shall cover the eligible offender's	2027
participation in school, vocational training, work, treatment, and	2028
other rehabilitative activities and any disciplinary action taken	2029
against the eligible offender. The report shall be made part of	2030
the record of the hearing.	2031

(F) If the court grants a hearing on a motion for judicial	2032
release under this section, the eligible offender shall attend the	2033
hearing if ordered to do so by the court. Upon receipt of a copy	2034
of the journal entry containing the order, the head of the state	2035
correctional institution in which the eligible offender is	2036
incarcerated shall deliver the eligible offender to the sheriff of	2037
the county in which the hearing is to be held. The sheriff shall	2038
convey the eligible offender to the hearing and return the	2039
offender to the institution after the hearing.	2040

(G) At the hearing on a motion for judicial release under	2041
this section, the court shall afford the eligible offender and the	2042
eligible offender's attorney an opportunity to present written	2043
information relevant to the motion and shall afford the eligible	2044
offender, if present, and the eligible offender's attorney an	2045
opportunity to present oral information relevant to the motion.	2046
The court shall afford a similar opportunity to the prosecuting	2047
attorney, the victim or the victim's representative, as defined in	2048
section 2930.01 of the Revised Code, and any other person the	2049
court determines is likely to present additional relevant	2050
information. The court shall consider any statement of a victim	2051
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	2052
any victim impact statement prepared pursuant to section 2947.051	2053
of the Revised Code, and any report made under division (E) of	2054
this section. After ruling on the motion, the court shall notify	2055
the victim of the ruling in accordance with sections 2930.03 and	2056
2930.16 of the Revised Code.	2057

(H)(1) A court shall not grant a judicial release under this	2058
section to an eligible offender who is imprisoned for a felony of	2059
the first or second degree, or to an eligible offender who	2060
committed an offense contained in Chapter 2925. or 3719. of the	2061
Revised Code and for whom there was a presumption under section	2062
2929.13 of the Revised Code in favor of a prison term, unless the	2063
court, with reference to factors under section 2929.12 of the	2064
Revised Code, finds both of the following:	2065

(a) That a sanction other than a prison term would	2066
adequately punish the offender and protect the public from future	2067
criminal violations by the eligible offender because the	2068
applicable factors indicating a lesser likelihood of recidivism	2069
outweigh the applicable factors indicating a greater likelihood of	2070
recidivism;	2071

(b) That a sanction other than a prison term would not	2072
demean the seriousness of the offense because factors indicating	2073
that the eligible offender's conduct in committing the offense was	2074
less serious than conduct normally constituting the offense	2075
outweigh factors indicating that the eligible offender's conduct	2076
was more serious than conduct normally constituting the offense.	2077

(2) A court that grants a judicial release to an eligible	2078
offender under division (H)(1) of this section shall specify on	2079
the record both findings required in that division and also shall	2080
list all the factors described in that division that were	2081
presented at the hearing.	2082

(I) If the court grants a motion for judicial release under	2083
this section, the court shall order the release of the eligible	2084
offender, shall place the eligible offender under an appropriate	2085
community control sanction, under appropriate community control	2086
conditions, and under the supervision of the department of	2087
probation serving the court, and shall reserve the right to	2088
reimpose the sentence that it reduced pursuant to the judicial	2089
release if the offender violates the sanction. If the court	2090
reimposes the reduced sentence pursuant to this reserved right, it	2091
may do so either concurrently with, or consecutive to, any new	2092
sentence imposed upon the eligible offender as a result of the	2093
violation that is a new offense. The period of the community	2094
control sanction shall be no longer than five years. The court,	2095
in its discretion, may reduce the period of the community control	2096
sanction by the amount of time the eligible offender spent in jail	2097
for the offense and in prison. If the court made any findings	2098
pursuant to division (H)(1) of this section, the court shall serve	2099
a copy of the findings upon counsel for the parties within fifteen	2100
days after the date on which the court grants the motion for	2101
judicial release.	2102

Prior to being released pursuant to a judicial release	2103
granted under this section, the eligible offender shall serve any	2104
extension of sentence that was imposed under section 2967.11 of	2105
the Revised Code.	2106

Sec. 2951.041.  (A)(1) If an offender is charged with a	2107
criminal offense and the court has reason to believe that drug or	2108
alcohol usage by the offender was a factor leading to the	2109
offender's criminal behavior, the court may accept, prior to the	2110
entry of a guilty plea, the offender's request for intervention in	2111
lieu of conviction. The request shall include a waiver of the	2112
defendant's right to a speedy trial, the preliminary hearing, the	2113
time period within which the grand jury may consider an indictment	2114
against the offender, and arraignment, unless the hearing,	2115
indictment, or arraignment has already occurred. The court may	2116
reject an offender's request without a hearing. If the court	2117
elects to consider an offender's request, the court shall conduct	2118
a hearing to determine whether the offender is eligible under this	2119
section for intervention in lieu of conviction and shall stay all	2120
criminal proceedings pending the outcome of the hearing. If the	2121
court schedules a hearing, the court shall order an assessment of	2122
the offender for the purpose of determining the offender's	2123
eligibility for intervention in lieu of conviction and	2124
recommending an appropriate intervention plan.	2125

(2) The victim notification provisions of division (C) of	2126
section 2930.08 of the Revised Code apply in relation to any	2127
hearing held under division (A)(1) of this section.	2128

(B)(1) An offender is eligible for intervention in lieu of	2129
conviction if the court finds all of the following:	2130

(1)(a) The offender previously has not been convicted of or	2131
pleaded guilty to a felony, previously has not been through	2132
intervention in lieu of conviction under this section or any	2133
similar regimen, and is charged with a felony for which the court,	2134
upon conviction, would impose sentence under division (B)(2)(b) of	2135
section 2929.13 of the Revised Code or with a misdemeanor.	2136

(2)(b) The offense is not a felony of the first, second, or	2137
third degree, is not an offense of violence, is not a violation of	2138
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	2139
not a violation of division (A)(1) of section 2903.08 of the	2140
Revised Code, is not a violation of division (A) of section	2141
4511.19 of the Revised Code or a municipal ordinance that is	2142
substantially similar to that division, and is not an offense for	2143
which a sentencing court is required to impose a mandatory prison	2144
term, a mandatory term of local incarceration, or a mandatory term	2145
of imprisonment in a jail.	2146

(3)(c) The offender is not charged with a violation of	2147
section 2925.02, 2925.03, 2925.04, or 2925.06, orof the Revised	2148
Code and is not charged with a violation of section 2925.11 of the	2149
Revised Code that is a felony of the first, second, or third	2150
degree.	2151

(4)(d) The offender is not charged with a violation of	2152
section 2925.11 of the Revised Code that is a felony of the fourth	2153
degree, or the offender is charged with a violation of that	2154
section that is a felony of the fourth degree, and the prosecutor	2155
in the case has recommended that the offender be classified as	2156
being eligible for intervention in lieu of conviction under this	2157
section.	2158

(5)(e) The offender has been assessed by an appropriately	2159
licensed provider, certified facility, or licensed and	2160
credentialed professional, including, but not limited to, a	2161
program licensed by the department of alcohol and drug addiction	2162
services pursuant to section 3793.11 of the Revised Code, a	2163
program certified by that department pursuant to section 3793.06	2164
of the Revised Code, a public or private hospital, the United	2165
States department of veterans affairs, another appropriate agency	2166
of the government of the United States, or a licensed physician,	2167
psychiatrist, psychologist, independent social worker,	2168
professional counselor, or chemical dependency counselor for the	2169
purpose of determining the offender's eligibility for intervention	2170
in lieu of conviction and recommending an appropriate intervention	2171
plan.	2172

(6)(f) The offender's drug or alcohol usage was a factor	2173
leading to the criminal offense with which the offender is	2174
charged, intervention in lieu of conviction would not demean the	2175
seriousness of the offense, and intervention would substantially	2176
reduce the likelihood of any future criminal activity.	2177

(7) The alleged victim of the offense was not sixty-five	2178
years of age or older, permanently and totally disabled, under	2179
thirteen years of age, or a peace officer engaged in the officer's	2180
official duties at the time of the alleged offense.	2181

(8) If the offender is charged with a violation of section	2182
2925.24 of the Revised Code, the alleged violation did not result	2183
in physical harm to any person, and the offender previously has	2184
not been treated for drug abuse.	2185

(9) The offender is willing to comply with all terms and	2186
conditions imposed by the court pursuant to division (D) of this	2187
section.	2188

(C)(2) At the conclusion of a hearing held pursuant to	2189
division (A) of this section, the court shall enter its	2190
determination as to whether the offender is eligible for	2191
intervention in lieu of conviction and as to whether to grant the	2192
offender's request. If the court finds under division (B)(1) of	2193
this section that the offender is eligible for treatment	2194
intervention in lieu of conviction and grants the offender's	2195
request, the court shall accept the offender's plea of guilty and	2196
waiver of the defendant's right to a speedy trial, the preliminary	2197
hearing, the time period within which the grand jury may consider	2198
an indictment against the offender, and arraignment, unless the	2199
hearing, indictment, or arraignment has already occurred. In	2200
addition, the court then may stay all criminal proceedings and	2201
order the offender to comply with all terms and conditions imposed	2202
by the court pursuant to division (D) of this section. If the	2203
court finds that the offender is not eligible or does not grant	2204
the offender's request, the criminal proceedings against the	2205
offender shall proceed as if the offender's request for	2206
intervention in lieu of conviction had not been made.	2207

(D) If the court grants an offender's request for	2208
intervention in lieu of conviction, the court shall place the	2209
offender under the general control and supervision of the county	2210
probation department, the adult parole authority, or another	2211
appropriate local probation or court services agency, if one	2212
exists, as if the offender was subject to a community control	2213
sanction imposed under section 2929.15 or 2929.18 of the Revised	2214
Code or was on probation under sections 2929.51 and 2951.02 of the	2215
Revised Code and other provisions of the misdemeanor sentencing	2216
law. The court shall establish an intervention plan for the	2217
offender. The terms and conditions of the intervention plan shall	2218
require the offender, for at least one year from the date on which	2219
the court grants the order of intervention in lieu of conviction,	2220
to abstain from the use of illegal drugs and alcohol and to submit	2221
to regular random testing for drug and alcohol use and may include	2222
any other treatment terms and conditions, or terms and conditions	2223
similar to community control sanctions, that are ordered by the	2224
court.	2225

(E) If the court grants an offender's request for	2226
intervention in lieu of conviction and the court finds that the	2227
offender has successfully completed the intervention plan for the	2228
offender, including the requirement that the offender abstain from	2229
using drugs and alcohol for a period of at least one year from the	2230
date on which the court granted the order of intervention in lieu	2231
of conviction and all other terms and conditions ordered by the	2232
court, the court shall dismiss the proceedings against the	2233
offender. Successful completion of the intervention plan and	2234
period of abstinence under this section shall be without	2235
adjudication of guilt and is not a criminal conviction for	2236
purposes of any disqualification or disability imposed by law and	2237
upon conviction of a crime, and the court may order the sealing of	2238
records related to the offense in question in the manner provided	2239
in sections 2953.31 to 2953.36 of the Revised Code.	2240

(F) If the court grants an offender's request for	2241
intervention in lieu of conviction and the offender fails to	2242
comply with any term or condition imposed as part of the	2243
intervention plan for the offender, the supervising authority for	2244
the offender promptly shall advise the court of this failure, and	2245
the court shall hold a hearing to determine whether the offender	2246
failed to comply with any term or condition imposed as part of the	2247
plan. If the court determines that the offender has failed to	2248
comply with any of those terms and conditions, it shall enter a	2249
finding of guilty and shall impose an appropriate sanction under	2250
Chapter 2929. of the Revised Code.	2251

(G) As used in this section:

2252

(1) "Community control sanction" has the same meaning as in	2253
section 2929.01 of the Revised Code.	2254

(2) "Intervention in lieu of conviction" means any	2255
court-supervised activity that complies with this section.	2256

(3) "Peace officer" has the same meaning as in section	2257
2935.01 of the Revised Code.	2258

Sec. 2967.16.  (A) Except as provided in division (D) of	2259
this section, when a paroled prisoner has faithfully performed the	2260
conditions and obligations of the paroled prisoner's parole and	2261
has obeyed the rules and regulations adopted by the adult parole	2262
authority that apply to the paroled prisoner, the authority upon	2263
the recommendation of the superintendent of parole supervision may	2264
enter upon its minutes a final release and thereupon shall issue	2265
to the paroled prisoner a certificate of final release, but the	2266
authority shall not grant a final release earlier than one year	2267
after the paroled prisoner is released from the institution on	2268
parole, and, in the case of a paroled prisoner whose minimum	2269
sentence is life imprisonment, the authority shall not grant a	2270
final release earlier than five years after the paroled prisoner	2271
is released from the institution on parole.	2272

(B)(1) When a prisoner who has been released under a period	2273
of post-release control pursuant to section 2967.28 of the Revised	2274
Code has faithfully performed the conditions and obligations of	2275
the released prisoner's post-release control sanctions and has	2276
obeyed the rules and regulations adopted by the adult parole	2277
authority that apply to the released prisoner or has the period of	2278
post-release control terminated by a court pursuant to section	2279
2929.141 of the Revised Code, the authority, upon the	2280
recommendation of the superintendent of parole supervision, may	2281
enter upon its minutes a final release and, upon the entry of the	2282
final release, shall issue to the released prisoner a certificate	2283
of final release. In the case of a prisoner who has been released	2284
under a period of post-release control pursuant to division (B) of	2285
section 2967.28 of the Revised Code, the authority shall not grant	2286
a final release earlier than one year after the released prisoner	2287
is released from the institution under a period of post-release	2288
control. The authority shall classify the termination of	2289
post-release control as favorable or unfavorable depending on the	2290
offender's conduct and compliance with the conditions of	2291
supervision. In the case of a released prisoner whose sentence is	2292
life imprisonment, the authority shall not grant a final release	2293
earlier than five years after the released prisoner is released	2294
from the institution under a period of post-release control.	2295

(2) The department of rehabilitation and correction, no	2296
later than six months after the effective date of this section	2297
shall adopt a rule in accordance with Chapter 119. of the Revised	2298
Code that establishes the criteria for the classification of a	2299
post-release control termination as "favorable" or "unfavorable."	2300

(C) The following prisoners or person shall be restored to	2301
the rights and privileges forfeited by a conviction:	2302

(1) A prisoner who has served the entire prison term that	2303
comprises or is part of the prisoner's sentence and has not been	2304
placed under any post-release control sanctions;	2305

(2) A prisoner who has been granted a final release by the	2306
adult parole authority pursuant to division (A) or (B) of this	2307
section;	2308

(3) A person who has completed the period of a community	2309
control sanction or combination of community control sanctions, as	2310
defined in section 2929.01 of the Revised Code, that was imposed	2311
by the sentencing court.	2312

(D) Division (A) of this section does not apply to a	2313
prisoner in the shock incarceration program established pursuant	2314
to section 5120.031 of the Revised Code.	2315

(E) The adult parole authority shall record the final	2316
release of a parolee or prisoner in the official minutes of the	2317
authority.	2318

Sec. 2967.28.  (A) As used in this section:

2319

(1) "Monitored time" means the monitored time sanction	2320
specified in section 2929.17 of the Revised Code.	2321

(2) "Deadly weapon" and "dangerous ordnance" have the same	2322
meanings as in section 2923.11 of the Revised Code.	2323

(3) "Felony sex offense" means a violation of a section	2324
contained in Chapter 2907. of the Revised Code that is a felony.	2325

(B) Each sentence to a prison term for a felony of the first	2326
degree, for a felony of the second degree, for a felony sex	2327
offense, or for a felony of the third degree that is not a felony	2328
sex offense and in the commission of which the offender caused or	2329
threatened to cause physical harm to a person shall include a	2330
requirement that the offender be subject to a period of	2331
post-release control imposed by the parole board after the	2332
offender's release from imprisonment. Unless reduced by the	2333
parole board pursuant to division (D) of this section when	2334
authorized under that division, a period of post-release control	2335
required by this division for an offender shall be of one of the	2336
following periods:	2337

(1) For a felony of the first degree or for a felony sex	2338
offense, five years;	2339

(2) For a felony of the second degree that is not a felony	2340
sex offense, three years;	2341

(3) For a felony of the third degree that is not a felony	2342
sex offense and in the commission of which the offender caused or	2343
threatened physical harm to a person, three years.	2344

(C) Any sentence to a prison term for a felony of the third,	2345
fourth, or fifth degree that is not subject to division (B)(1) or	2346
(3) of this section shall include a requirement that the offender	2347
be subject to a period of post-release control of up to three	2348
years after the offender's release from imprisonment, if the	2349
parole board, in accordance with division (D) of this section,	2350
determines that a period of post-release control is necessary for	2351
that offender.	2352

(D)(1) Before the prisoner is released from imprisonment,	2353
the parole board shall impose upon a prisoner described in	2354
division (B) of this section, may impose upon a prisoner described	2355
in division (C) of this section, and shall impose upon a prisoner	2356
described in division (B)(2)(b) of section 5120.031 or in division	2357
(B)(1) of section 5120.032 of the Revised Code, one or more	2358
post-release control sanctions to apply during the prisoner's	2359
period of post-release control. Whenever the board imposes one or	2360
more post-release control sanctions upon a prisoner, the board, in	2361
addition to imposing the sanctions, also shall include as a	2362
condition of the post-release control that the individual or felon	2363
not leave the state without permission of the court or the	2364
individual's or felon's parole or probation officer and that the	2365
individual or felon abide by the law. The board may impose any	2366
other conditions of release under a post-release control sanction	2367
that the board considers appropriate, and the conditions of	2368
release may include any community residential sanction, community	2369
nonresidential sanction, or financial sanction that the sentencing	2370
court was authorized to impose pursuant to sections 2929.16,	2371
2929.17, and 2929.18 of the Revised Code. Prior to the release of	2372
a prisoner for whom it will impose one or more post-release	2373
control sanctions under this division, the parole board shall	2374
review the prisoner's criminal history, all juvenile court	2375
adjudications finding the prisoner, while a juvenile, to be a	2376
delinquent child, and the record of the prisoner's conduct while	2377
imprisoned. The parole board shall consider any recommendation	2378
regarding post-release control sanctions for the prisoner made by	2379
the office of victims' services. After considering those	2380
materials, the board shall determine, for a prisoner described in	2381
division (B) of this section, division (B)(2)(b) of section	2382
5120.031, or division (B)(1) of section 5120.032 of the Revised	2383
Code, which post-release control sanction or combination of	2384
post-release control sanctions is reasonable under the	2385
circumstances or, for a prisoner described in division (C) of this	2386
section, whether a post-release control sanction is necessary and,	2387
if so, which post-release control sanction or combination of	2388
post-release control sanctions is reasonable under the	2389
circumstances. In the case of a prisoner convicted of a felony of	2390
the fourth or fifth degree other than a felony sex offense, the	2391
board shall presume that monitored time is the appropriate	2392
post-release control sanction unless the board determines that a	2393
more restrictive sanction is warranted. A post-release control	2394
sanction imposed under this division takes effect upon the	2395
prisoner's release from imprisonment.	2396

(2) At any time after a prisoner is released from	2397
imprisonment and during the period of post-release control	2398
applicable to the releasee, the adult parole authority may review	2399
the releasee's behavior under the post-release control sanctions	2400
imposed upon the releasee under this section. The authority may	2401
determine, based upon the review and in accordance with the	2402
standards established under division (E) of this section, that a	2403
more restrictive or a less restrictive sanction is appropriate and	2404
may impose a different sanction. Unless the period of	2405
post-release control was imposed for an offense described in	2406
division (B)(1) of this section, the authority also may recommend	2407
that the parole board reduce the duration of the period of	2408
post-release control imposed by the court. If the authority	2409
recommends that the board reduce the duration of control for an	2410
offense described in division (B)(2), (B)(3), or (C) of this	2411
section, the board shall review the releasee's behavior and may	2412
reduce the duration of the period of control imposed by the court.	2413
In no case shall the board reduce the duration of the period of	2414
control imposed by the court for an offense described in division	2415
(B)(1) of this section, and in no case shall the board permit the	2416
releasee to leave the state without permission of the court or the	2417
releasee's parole or probation officer.	2418

(E) The department of rehabilitation and correction, in	2419
accordance with Chapter 119. of the Revised Code, shall adopt	2420
rules that do all of the following:	2421

(1) Establish standards for the imposition by the parole	2422
board of post-release control sanctions under this section that	2423
are consistent with the overriding purposes and sentencing	2424
principles set forth in section 2929.11 of the Revised Code and	2425
that are appropriate to the needs of releasees;	2426

(2) Establish standards by which the parole board can	2427
determine which prisoners described in division (C) of this	2428
section should be placed under a period of post-release control;	2429

(3) Establish standards to be used by the parole board in	2430
reducing the duration of the period of post-release control	2431
imposed by the court when authorized under division (D) of this	2432
section, in imposing a more restrictive post-release control	2433
sanction than monitored time upon a prisoner convicted of a felony	2434
of the fourth or fifth degree other than a felony sex offense, or	2435
in imposing a less restrictive control sanction upon a releasee	2436
based on the releasee's activities including, but not limited to,	2437
remaining free from criminal activity and from the abuse of	2438
alcohol or other drugs, successfully participating in approved	2439
rehabilitation programs, maintaining employment, and paying	2440
restitution to the victim or meeting the terms of other financial	2441
sanctions;	2442

(4) Establish standards to be used by the adult parole	2443
authority in modifying a releasee's post-release control sanctions	2444
pursuant to division (D)(2) of this section;	2445

(5) Establish standards to be used by the adult parole	2446
authority or parole board in imposing further sanctions under	2447
division (F) of this section on releasees who violate post-release	2448
control sanctions, including standards that do the following:	2449

(a) Classify violations according to the degree of	2450
seriousness;	2451

(b) Define the circumstances under which formal action by	2452
the parole board is warranted;	2453

(c) Govern the use of evidence at violation hearings;

2454

(d) Ensure procedural due process to an alleged violator;

2455

(e) Prescribe nonresidential community control sanctions for	2456
most misdemeanor and technical violations;	2457

(f) Provide procedures for the return of a releasee to	2458
imprisonment for violations of post-release control.	2459

(F)(1) If a post-release control sanction is imposed upon an	2460
offender under this section, the offender upon release from	2461
imprisonment shall be under the general jurisdiction of the adult	2462
parole authority and generally shall be supervised by the parole	2463
supervision section through its staff of parole and field officers	2464
as described in section 5149.04 of the Revised Code, as if the	2465
offender had been placed on parole. If the offender upon release	2466
from imprisonment violates the post-release control sanction or	2467
any conditions described in division (A) of section 2967.131 of	2468
the Revised Code that are imposed on the offender, the public or	2469
private person or entity that operates or administers the sanction	2470
or the program or activity that comprises the sanction shall	2471
report the violation directly to the adult parole authority or to	2472
the officer of the authority who supervises the offender. The	2473
authority's officers may treat the offender as if the offender	2474
were on parole and in violation of the parole, and otherwise shall	2475
comply with this section.	2476

(2) If the adult parole authority determines that a releasee	2477
has violated a post-release control sanction or any conditions	2478
described in division (A) of section 2967.131 of the Revised Code	2479
imposed upon the releasee and that a more restrictive sanction is	2480
appropriate, the authority may impose a more restrictive sanction	2481
upon the releasee, in accordance with the standards established	2482
under division (E) of this section, or may report the violation to	2483
the parole board for a hearing pursuant to division (F)(3) of this	2484
section. The authority may not, pursuant to this division,	2485
increase the duration of the releasee's post-release control or	2486
impose as a post-release control sanction a residential sanction	2487
that includes a prison term, but the authority may impose on the	2488
releasee any other residential sanction, nonresidential sanction,	2489
or financial sanction that the sentencing court was authorized to	2490
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the	2491
Revised Code.	2492

(3) The parole board may hold a hearing on any alleged	2493
violation by a releasee of a post-release control sanction or any	2494
conditions described in division (A) of section 2967.131 of the	2495
Revised Code that are imposed upon the releasee. If after the	2496
hearing the board finds that the releasee violated the sanction or	2497
condition, the board may increase the duration of the releasee's	2498
post-release control up to the maximum duration authorized by	2499
division (B) or (C) of this section or impose a more restrictive	2500
post-release control sanction. When appropriate, the board may	2501
impose as a post-release control sanction a residential sanction	2502
that includes a prison term. The board shall consider a prison	2503
term as a post-release control sanction imposed for a violation of	2504
post-release control when the violation involves a deadly weapon	2505
or dangerous ordnance, physical harm or attempted serious physical	2506
harm to a person, or sexual misconduct, or when the releasee	2507
committed repeated violations of post-release control sanctions.	2508
The period of a prison term that is imposed as a post-release	2509
control sanction under this division shall not exceed nine months,	2510
and the maximum cumulative prison term for all violations under	2511
this division shall not exceed one-half of the stated prison term	2512
originally imposed upon the offender as part of this sentence. The	2513
period of a prison term that is imposed as a post-release control	2514
sanction under this division shall not count as, or be credited	2515
toward, the remaining period of post-release control.	2516

If an offender is imprisoned for a felony committed while	2517
under post-release control supervision and is again released on	2518
post-release control for a period of time determined by division	2519
(F)(4)(d) of this section, the maximum cumulative prison term for	2520
all violations under this division shall not exceed one-half of	2521
the total stated prison terms of the earlier felony, reduced by	2522
any prison term administratively imposed by the parole board, plus	2523
one-half of the total stated prison term of the new felony.	2524

(4) A parolee or releasee who has violated any condition of	2525
parole, any post-release control sanction, or any conditions	2526
described in division (A) of section 2967.131 of the Revised Code	2527
that are imposed upon the releasee by committing a felony may be	2528
prosecuted for the new felony, and, upon conviction, the court	2529
shall impose sentence for the new felony. In addition to the	2530
sentence imposed for the new felony, the court may impose a prison	2531
term for the violation, and the term imposed for the violation	2532
shall be reduced by any prison term that is administratively	2533
imposed by the parole board or adult parole authority as a	2534
post-release control sanction. If the person is a releasee, the	2535
maximum prison term for the violation shall be either the maximum	2536
period of post-release control for the earlier felony under	2537
division (B) or (C) of this section minus any time the releasee	2538
has spent under post-release control for the earlier felony or	2539
twelve months, whichever is greater. A prison term imposed for	2540
the violation shall be served consecutively to any prison term	2541
imposed for the new felony. If the person is a releasee, a prison	2542
term imposed for the violation, and a prison term imposed for the	2543
new felony, shall not count as, or be credited toward, the	2544
remaining period of post-release control imposed for the earlier	2545
felony.	2546

(5) Any period of post-release control shall commence upon	2547
an offender's actual release from prison. If an offender is	2548
serving an indefinite prison term or a life sentence in addition	2549
to a stated prison term, the offender shall serve the period of	2550
post-release control in the following manner:	2551

(a) If a period of post-release control is imposed upon the	2552
offender and if the offender also is subject to a period of parole	2553
under a life sentence or an indefinite sentence, and if the period	2554
of post-release control ends prior to the period of parole, the	2555
offender shall be supervised on parole. The offender shall	2556
receive credit for post-release control supervision during the	2557
period of parole. The offender is not eligible for final release	2558
under section 2967.16 of the Revised Code until the post-release	2559
control period otherwise would have ended.	2560

(b) If a period of post-release control is imposed upon the	2561
offender and if the offender also is subject to a period of parole	2562
under an indefinite sentence, and if the period of parole ends	2563
prior to the period of post-release control, the offender shall be	2564
supervised on post-release control. The requirements of parole	2565
supervision shall be satisfied during the post-release control	2566
period.	2567

(c) If an offender is subject to more than one period of	2568
post-release control, the period of post-release control for all	2569
of the sentences shall be the period of post-release control that	2570
expires last, as determined by the parole board. Periods of	2571
post-release control shall be served concurrently and shall not be	2572
imposed consecutively to each other.	2573

(d) The period of post-release control for a releasee who	2574
commits a felony while under post-release control for an earlier	2575
felony shall be the longer of the period of post-release control	2576
specified for the new felony under division (B) or (C) of this	2577
section or the time remaining under the period of post-release	2578
control imposed for the earlier felony as determined by the parole	2579
board.	2580

Sec. 3719.21.  Except as provided in division (C) of section	2581
2923.42, division (B)(5) of section 2923.44, divisions (D)(1),	2582
(F), and (H) of section 2925.03, division (D)(1) of section	2583
2925.02, 2925.04, or 2925.05, division (E)(1) of section 2925.11,	2584
division (F) of section 2925.13 or, division (F) of section	2585
2925.36, division (D) of section 2925.22, division (H) of section	2586
2925.23, division (M) of section 2925.37, division (B)(5) of	2587
section 2925.42, division (B) of section 2929.18, division (D) of	2588
section 3719.99, division (B)(1) of section 4729.65, and division	2589
(E)(3) of section 4729.99 of the Revised Code, the clerk of the	2590
court shall pay all fines or forfeited bail assessed and collected	2591
under prosecutions or prosecutions commenced for violations of	2592
this chapter, section 2923.42 of the Revised Code, or Chapter	2593
2925. of the Revised Code, within thirty days, to the executive	2594
director of the state board of pharmacy, and the executive	2595
director shall deposit the fines into the state treasury to the	2596
credit of the occupational licensing and regulatory fund.	2597

Sec. 4723.09.  (A)(1) An application for licensure by	2598
examination to practice as a registered nurse or as a licensed	2599
practical nurse shall be submitted to the board of nursing in the	2600
form prescribed by rules of the board. The application shall	2601
include evidence that the applicant has completed requirements of	2602
a nursing education program approved by the board or approved by	2603
another jurisdiction's board that regulates nurse licensure. The	2604
application also shall include any other information required by	2605
rules of the board. The application shall be accompanied by the	2606
application fee required by section 4723.08 of the Revised Code.	2607

(2) The board shall grant a license to practice nursing as a	2608
registered nurse or as a licensed practical nurse if theall of	2609
the following apply:	2610

(a) For all applicants, the applicant passes the	2611
examination accepted by the board under section 4723.10 of the	2612
Revised Code and the.	2613

(b) For an applicant who entered a prelicensure nursing	2614
education program on or after June 1, 2003, the criminal records	2615
check of the applicant that is completed by the bureau of criminal	2616
identification and investigation and includes a check of federal	2617
bureau of investigation records and that the bureau submits to the	2618
board indicates that the applicant has not been convicted of, has	2619
not pleaded guilty to, and has not had a judicial finding of guilt	2620
for violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,	2621
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the	2622
Revised Code or a substantially similar law of another state, the	2623
United States, or another country.	2624

(c) For all applicants, the board determines that the	2625
applicant has not committed any act that is grounds for	2626
disciplinary action under section 3123.47 or 4723.28 of the	2627
Revised Code, or determines that an applicant who has committed	2628
such actsany act that is grounds for disciplinary action under	2629
either section has made restitution or has been rehabilitated, or	2630
both. The	2631

(3) The board is not required to afford an adjudication to	2632
an individual to whom it has refused to grant a license because of	2633
that individual's failure to pass the examination.	2634

(B) An application for license by endorsement to practice	2635
nursing as a registered nurse or as a licensed practical nurse	2636
shall be submitted to the board in the form prescribed by rules of	2637
the board and shall be accompanied by the application fee required	2638
by section 4723.08 of the Revised Code. The application shall	2639
include evidence that the applicant holds a license in good	2640
standing in another jurisdiction granted after passing an	2641
examination approved by the board of that jurisdiction that is	2642
equivalent to the examination requirements under this chapter for	2643
a license to practice nursing as a registered nurse or licensed	2644
practical nurse, and shall include other information required by	2645
rules of the board of nursing. The board shall grant a license by	2646
endorsement if the applicant is licensed or certified by another	2647
jurisdiction and the board determines, pursuant to rules	2648
established under section 4723.07 of the Revised Code, that all of	2649
the following apply:	2650

(1) TheFor all applicants, the educational preparation of	2651
the applicant is substantially similar to the minimum curricula	2652
and standards for nursing education programs established by the	2653
board under section 4723.07 of the Revised Code;.	2654

(2) TheFor all applicants, the examination, at the time it	2655
is successfully completed, is equivalent to the examination	2656
requirements in effect at that time for applicants who were	2657
licensed by examination in this state;.	2658

(3) For all applicants, the criminal records check of the	2659
applicant that is completed by the bureau of criminal	2660
identification and investigation and includes a check of federal	2661
bureau of investigation records and that the bureau submits to	2662
the board indicates that the applicant has not been convicted of,	2663
has not pleaded guilty to, and has not had a judicial finding of	2664
guilt for violating section 2903.01, 2903.02, 2903.03, 2903.11,	2665
2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11	2666
of the Revised Code or a substantially similar law of another	2667
state, the United States, or another country.	2668

The(4) For all applicants, the applicant has not committed	2669
any act that is grounds for disciplinary action under section	2670
3123.47, 4723.28, or 4723.281 of the Revised Code, or the board	2671
determines that an applicant who has committed such actsany act	2672
that is grounds for disciplinary action under any of those	2673
sections has made restitution or has been rehabilitated, or both.	2674

The board may grant a nonrenewable temporary permit to	2675
practice nursing as a registered nurse or as a licensed practical	2676
nurse to an applicant for license by endorsement if the board is	2677
satisfied by the evidence that the applicant holds a current,	2678
active license in good standing in another jurisdiction. The	2679
Subject to earlier automatic termination as described in this	2680
paragraph, the temporary permit shall expire at the earlier of one	2681
hundred twentyeighty days after issuance or upon the issuance of	2682
a license by endorsement. The temporary permit shall terminate	2683
automatically if the criminal records check completed by the	2684
bureau of criminal identification and investigation as described	2685
in this section regarding the applicant indicates that the	2686
applicant previously has been convicted of, pleaded guilty to, or	2687
had a judicial finding of guilt for a violation of section	2688
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	2689
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	2690
substantially similar law of another state, the United States, or	2691
another country. An applicant whose temporary permit is	2692
automatically terminated is permanently prohibited from obtaining	2693
a license to practice nursing in this state as a registered nurse	2694
or as a licensed practical nurse.	2695

(C) An applicant under this section shall submit a request	2696
to the bureau of criminal identification and investigation for a	2697
criminal records check of the applicant. The request shall be on	2698
the form prescribed pursuant to division (C)(1) of section 109.572	2699
of the Revised Code, accompanied by a standard impression sheet to	2700
obtain fingerprints prescribed pursuant to division (C)(2) of that	2701
section, and accompanied by the fee prescribed pursuant to	2702
division (C)(3) of that section. Upon receipt of the completed	2703
form, the completed impression sheet, and the fee, the bureau	2704
shall conduct a criminal records check of the applicant. Upon	2705
completion of the criminal records check, the bureau shall send	2706
the results of the check to the board. An applicant requesting a	2707
criminal records check under this division shall ask the	2708
superintendent of the bureau of criminal identification and	2709
investigation to also request the federal bureau of investigation	2710
to provide the superintendent with any information it has with	2711
respect to the applicant.	2712

The results of any criminal records check conducted pursuant	2713
to a request made under this section, and any report containing	2714
those results, are not public records for purposes of section	2715
149.43 of the Revised Code and shall not be made available to any	2716
person or for any purpose other than the following:	2717

(1) The results may be made available to any person for use	2718
in determining under this section and division (N) of section	2719
4723.28 of the Revised Code whether the individual who is the	2720
subject of the check should be granted a license to practice	2721
nursing as a registered nurse or as a licensed practical nurse or	2722
whether any temporary permit granted to the individual under this	2723
section has terminated automatically.	2724

(2) The results may be made available to the individual who	2725
is the subject of the check or that individual's representative.	2726

Sec. 4723.28.  (A) The board of nursing, by a vote of a	2727
quorum, may revoke or may refuse to grant a nursing license,	2728
certificate of authority, or dialysis technician certificate to a	2729
person found by the board to have committed fraud in passing an	2730
examination required to obtain the license, certificate of	2731
authority, or dialysis technician certificate or to have committed	2732
fraud, misrepresentation, or deception in applying for or securing	2733
any nursing license, certificate of authority, or dialysis	2734
technician certificate issued by the board.	2735

(B) TheSubject to division (N) of this section, the board of	2736
nursing, and by a vote of a quorum, may impose one or more of the	2737
following sanctions: deny, revoke, suspend, or place restrictions	2738
on any nursing license, certificate of authority, or dialysis	2739
technician certificate issued by the board; reprimand or otherwise	2740
discipline a holder of a nursing license, certificate of	2741
authority, or dialysis technician certificate; or impose a fine of	2742
not more than five hundred dollars per violation. The sanctions	2743
may be imposed for any of the following:	2744

(1) Denial, revocation, suspension, or restriction of	2745
authority to practice a health care occupation, including nursing	2746
or practice as a dialysis technician, for any reason other than a	2747
failure to renew, in Ohio or another state or jurisdiction;	2748

(2) Engaging in the practice of nursing or engaging in	2749
practice as a dialysis technician, having failed to renew a	2750
nursing license or dialysis technician certificate issued under	2751
this chapter, or while a nursing license or dialysis technician	2752
certificate is under suspension;	2753

(3) Conviction of, a plea of guilty to, a judicial finding	2754
of guilt of, a judicial finding of guilt resulting from a plea of	2755
no contest to, or a judicial finding of eligibility for	2756
intervention in lieu of conviction for, a misdemeanor committed in	2757
the course of practice;	2758

(4) Conviction of, a plea of guilty to, a judicial finding	2759
of guilt of, a judicial finding of guilt resulting from a plea of	2760
no contest to, or a judicial finding of eligibility for	2761
intervention in lieu of conviction for, any felony or of any crime	2762
involving gross immorality or moral turpitude;	2763

(5) Selling, giving away, or administering drugs or	2764
therapeutic devices for other than legal and legitimate	2765
therapeutic purposes; or conviction of, a plea of guilty to, a	2766
judicial finding of guilt of, a judicial finding of guilt	2767
resulting from a plea of no contest to, or a judicial finding of	2768
eligibility for intervention in lieu of conviction for, violating	2769
any municipal, state, county, or federal drug law;	2770

(6) Conviction of, a plea of guilty to, a judicial finding	2771
of guilt of, a judicial finding of guilt resulting from a plea of	2772
no contest to, or a judicial finding of eligibility for	2773
intervention in lieu of conviction for, an act in another	2774
jurisdiction that would constitute a felony or a crime of moral	2775
turpitude in Ohio;	2776

(7) Conviction of, a plea of guilty to, a judicial finding	2777
of guilt of, a judicial finding of guilt resulting from a plea of	2778
no contest to, or a judicial finding of eligibility for	2779
intervention in lieu of conviction for, an act in the course of	2780
practice in another jurisdiction that would constitute a	2781
misdemeanor in Ohio;	2782

(8) Self-administering or otherwise taking into the body any	2783
dangerous drug, as defined in section 4729.01 of the Revised Code,	2784
in any way not in accordance with a legal, valid presription	2785
prescription issued for that individual;	2786

(9) Habitual indulgence in the use of controlled substances,	2787
other habit-forming drugs, or alcohol or other chemical substances	2788
to an extent that impairs ability to practice;	2789

(10) Impairment of the ability to practice according to	2790
acceptable and prevailing standards of safe nursing care because	2791
of habitual or excessive use of drugs, alcohol, or other chemical	2792
substances that impair the ability to practice;	2793

(11) Impairment of the ability to practice according to	2794
acceptable and prevailing standards of safe nursing care because	2795
of a physical or mental disability;	2796

(12) Assaulting or causing harm to a patient or depriving a	2797
patient of the means to summon assistance;	2798

(13) Obtaining or attempting to obtain money or anything of	2799
value by intentional misrepresentation or material deception in	2800
the course of practice;	2801

(14) Adjudication by a probate court of being mentally ill	2802
or mentally incompetent. The board may restore the person's	2803
nursing license or dialysis technician certificate upon	2804
adjudication by a probate court of the person's restoration to	2805
competency or upon submission to the board of other proof of	2806
competency.	2807

(15) The suspension or termination of employment by the	2808
department of defense or the veterans administration of the United	2809
States for any act that violates or would violate this chapter;	2810

(16) Violation of this chapter or any rules adopted under	2811
it;	2812

(17) Violation of any restrictions placed on a nursing	2813
license or dialysis technician certificate by the board;	2814

(18) Failure to use universal blood and body fluid	2815
precautions established by rules adopted under section 4723.07 of	2816
the Revised Code;	2817

(19) Failure to practice in accordance with acceptable and	2818
prevailing standards of safe nursing care or safe dialysis care;	2819

(20) In the case of a registered nurse, engaging in	2820
activities that exceed the practice of nursing as a registered	2821
nurse;	2822

(21) In the case of a licensed practical nurse, engaging in	2823
activities that exceed the practice of nursing as a licensed	2824
practical nurse;	2825

(22) In the case of a dialysis technician, engaging in	2826
activities that exceed those permitted under section 4723.72 of	2827
the Revised Code;	2828

(23) Aiding and abetting a person in that person's practice	2829
of nursing without a license or practice as a dialysis technician	2830
without a certificate issued under this chapter;	2831

(24) In the case of a certified registered nurse	2832
anesthetist, clinical nurse specialist, certified nurse-midwife,	2833
certified nurse practitioner, or advanced practice nurse, except	2834
as provided in division (M) of this section, either of the	2835
following:	2836

(a) Waiving the payment of all or any part of a deductible	2837
or copayment that a patient, pursuant to a health insurance or	2838
health care policy, contract, or plan that covers such nursing	2839
services, would otherwise be required to pay if the waiver is used	2840
as an enticement to a patient or group of patients to receive	2841
health care services from that provider;	2842

(b) Advertising that the nurse will waive the payment of all	2843
or any part of a deductible or copayment that a patient, pursuant	2844
to a health insurance or health care policy, contract, or plan	2845
that covers such nursing services, would otherwise be required to	2846
pay.	2847

(25) Failure to comply with the terms and conditions of	2848
participation in the chemical dependency monitoring program	2849
established under section 4723.35 of the Revised Code;	2850

(26) Failure to comply with the terms and conditions	2851
required under the practice intervention and improvement program	2852
established under section 4723.282 of the Revised Code;	2853

(27) In the case of a certified registered nurse	2854
anesthetist, clinical nurse specialist, certified nurse-midwife,	2855
or certified nurse practitioner:	2856

(a) Engaging in activities that exceed those permitted for	2857
the nurse's nursing specialty under section 4723.43 of the Revised	2858
Code;	2859

(b) Failure to meet the quality assurance standards	2860
established under section 4723.07 of the Revised Code.	2861

(28) In the case of a clinical nurse specialist, certified	2862
nurse-midwife, or certified nurse practitioner, failure to	2863
maintain a standard care arrangement in accordance with section	2864
4723.431 of the Revised Code or to practice in accordance with the	2865
standard care arrangement;	2866

(29) In the case of a clinical nurse specialist, certified	2867
nurse-midwife, or certified nurse practitioner who holds a	2868
certificate to prescribe issued under section 4723.48 of the	2869
Revised Code, failure to prescribe drugs and therapeutic devices	2870
in accordance with section 4723.481 of the Revised Code;	2871

(30) Prescribing any drug or device to perform or induce an	2872
abortion, or otherwise performing or inducing an abortion;	2873

(31) Failure to establish and maintain professional	2874
boundaries with a patient, as specified in rules adopted under	2875
section 4723.07 of the Revised Code;	2876

(32) Regardless of whether the contact or verbal behavior is	2877
consensual, engaging with a patient other than the spouse of the	2878
registered nurse, licensed practical nurse, or dialysis technician	2879
in any of the following:	2880

(a) Sexual contact, as defined in section 2907.01 of the	2881
Revised Code;	2882

(b) Verbal behavior that is sexually demeaning to the	2883
patient or may be reasonably interpreted by the patient as	2884
sexually demeaning.	2885

(C) Disciplinary actions taken by the board under divisions	2886
(A) and (B) of this section shall be taken pursuant to an	2887
adjudication conducted under Chapter 119. of the Revised Code,	2888
except that in lieu of a hearing, the board may enter into a	2889
consent agreement with an individual to resolve an allegation of a	2890
violation of this chapter or any rule adopted under it. A consent	2891
agreement, when ratified by a vote of a quorum, shall constitute	2892
the findings and order of the board with respect to the matter	2893
addressed in the agreement. If the board refuses to ratify a	2894
consent agreement, the admissions and findings contained in the	2895
agreement shall be of no effect.	2896

(D) The hearings of the board shall be conducted in	2897
accordance with Chapter 119. of the Revised Code, the board may	2898
appoint a hearing examiner, as provided in section 119.09 of the	2899
Revised Code, to conduct any hearing the board is authorized to	2900
hold under Chapter 119. of the Revised Code.	2901

In any instance in which the board is required under Chapter	2902
119. of the Revised Code to give notice of an opportunity for a	2903
hearing and the applicant or license holder does not make a timely	2904
request for a hearing in accordance with section 119.07 of the	2905
Revised Code, the board is not required to hold a hearing, but may	2906
adopt, by a vote of a quorum, a final order that contains the	2907
board's findings. In the final order, the board may order any of	2908
the sanctions listed in division (A) or (B) of this section.	2909

(E) If a criminal action is brought against a registered	2910
nurse, licensed practical nurse, or dialysis technician for an act	2911
or crime described in divisions (B)(3) to (7) of this section and	2912
the action is dismissed by the trial court other than on the	2913
merits, the board shall conduct an adjudication to determine	2914
whether the registered nurse, licensed practical nurse, or	2915
dialysis technician committed the act on which the action was	2916
based. If the board determines on the basis of the adjudication	2917
that the registered nurse, licensed practical nurse, or dialysis	2918
technician committed the act, or if the registered nurse, licensed	2919
practical nurse, or dialysis technician fails to participate in	2920
the adjudication, the board may take action as though the	2921
registered nurse, licensed practical nurse, or dialysis technician	2922
had been convicted of the act.	2923

If the board takes action on the basis of a conviction, plea,	2924
or a judicial finding as described in divisions (B)(3) to (7) of	2925
this section that is overturned on appeal, the registered nurse,	2926
licensed practical nurse, or dialysis technician may, on	2927
exhaustion of the appeal process, petition the board for	2928
reconsideration of its action. On receipt of the petition and	2929
supporting court documents, the board shall temporarily rescind	2930
its action. If the board determines that the decision on appeal	2931
was a decision on the merits, it shall permanently rescind its	2932
action. If the board determines that the decision on appeal was	2933
not a decision on the merits, it shall conduct an adjudication	2934
to determine whether the registered nurse, licensed practical	2935
nurse, or dialysis technician committed the act on which the	2936
original conviction, plea, or judicial finding was based. If the	2937
board determines on the basis of the adjudication that the	2938
registered nurse, licensed practical nurse, or dialysis technician	2939
committed such act, or if the registered nurse, licensed practical	2940
nurse, or dialysis technician does not request an adjudication,	2941
the board shall reinstate its action; otherwise, the board shall	2942
permanently rescind its action.	2943

Notwithstanding the provision of division (C)(2) of section	2944
2953.32 of the Revised Code specifying that if records pertaining	2945
to a criminal case are sealed under that section the proceedings	2946
in the case shall be deemed not to have occurred, sealing of the	2947
records of a conviction on which the board has based an action	2948
under this section shall have no effect on the board's action or	2949
any sanction imposed by the board under this section.	2950

The board shall not be required to seal, destroy, redact, or	2951
otherwise modify its records to reflect the court's sealing of	2952
conviction records.	2953

(F) The board may investigate an individual's criminal	2954
background in performing its duties under this section.	2955

(G) During the course of an investigation conducted under	2956
this section, the board may compel any registered nurse, licensed	2957
practical nurse, or dialysis technician or applicant under this	2958
chapter to submit to a mental or physical examination, or both, as	2959
required by the board and at the expense of the individual, if the	2960
board finds reason to believe that the individual under	2961
investigation may have a physical or mental impairment that may	2962
affect the individual's ability to provide safe nursing care.	2963
Failure of any individual to submit to a mental or physical	2964
examination when directed constitutes an admission of the	2965
allegations, unless the failure is due to circumstances beyond the	2966
individual's control, and a default and final order may be entered	2967
without the taking of testimony or presentation of evidence.	2968

If the board finds that an individual is impaired, the board	2969
shall require the individual to submit to care, counseling, or	2970
treatment approved or designated by the board, as a condition for	2971
initial, continued, reinstated, or renewed authority to practice.	2972
The individual shall be afforded an opportunity to demonstrate to	2973
the board that the individual can begin or resume the individual's	2974
occupation in compliance with acceptable and prevailing standards	2975
of care under the provisions of the individual's authority to	2976
practice.	2977

For purposes of this division, any registered nurse,	2978
licensed practical nurse, or dialysis technician or applicant	2979
under this chapter shall be deemed to have given consent to submit	2980
to a mental or physical examination when directed to do so in	2981
writing by the board, and to have waived all objections to the	2982
admissibility of testimony or examination reports that constitute	2983
a privileged communication.	2984

(H) The board shall investigate evidence that appears to	2985
show that any person has violated any provision of this chapter or	2986
any rule of the board. Any person may report to the board any	2987
information the person may have that appears to show a violation	2988
of any provision of this chapter or rule of the board. In the	2989
absence of bad faith, any person who reports such information or	2990
who testifies before the board in any adjudication conducted under	2991
Chapter 119. of the Revised Code shall not be liable for civil	2992
damages as a result of the report or testimony.	2993

(I) All of the following apply under this chapter with	2994
respect to the confidentiality of information:	2995

(1) Information received by the board pursuant to an	2996
investigation is confidential and not subject to discovery in any	2997
civil action, except that the board may disclose information to	2998
law enforcement officers and government entities investigating a	2999
registered nurse, licensed practical nurse, or dialysis technician	3000
or a person who may have engaged in the unauthorized practice of	3001
nursing. No law enforcement officer or government entity with	3002
knowledge of any information disclosed by the board pursuant to	3003
this division shall divulge the information to any other person or	3004
government entity except for the purpose of an adjudication by a	3005
court or licensing or registration board or officer to which the	3006
person to whom the information relates is a party.	3007

(2) If an investigation requires a review of patient	3008
records, the investigation and proceeding shall be conducted in	3009
such a manner as to protect patient confidentiality.	3010

(3) All adjudications and investigations of the board shall	3011
be considered civil actions for the purposes of section 2305.251	3012
of the Revised Code.	3013

(4) Any board activity that involves continued monitoring of	3014
an individual as part of or following any disciplinary action	3015
taken under this section shall be conducted in a manner that	3016
maintains the individual's confidentiality. Information received	3017
or maintained by the board with respect to the board's monitoring	3018
activities is confidential and not subject to discovery in any	3019
civil action.	3020

(J) Any action taken by the board under this section	3021
resulting in a suspension from practice shall be accompanied by a	3022
written statement of the conditions under which the person may be	3023
reinstated to practice.	3024

(K) When the board refuses to grant a license or certificate	3025
to an applicant, revokes a license or certificate, or refuses to	3026
reinstate a license or certificate, the board may specify that its	3027
action is permanent. An individual subject to permanent action	3028
taken by the board is forever ineligible to hold a license or	3029
certificate of the type that was refused or revoked and the board	3030
shall not accept from the individual an application for	3031
reinstatement of the license or certificate or for a new license	3032
or certificate.	3033

(L) No unilateral surrender of a nursing license,	3034
certificate of authority, or dialysis technician certificate	3035
issued under this chapter shall be effective unless accepted by	3036
majority vote of the board. No application for a nursing license,	3037
certificate of authority, or dialysis technician certificate	3038
issued under this chapter may be withdrawn without a majority vote	3039
of the board. The board's jurisdiction to take disciplinary	3040
action under this section is not removed or limited when an	3041
individual has a license or certificate classified as inactive or	3042
fails to renew a license or certificate.	3043

(M) Sanctions shall not be imposed under division (B)(24) of	3044
this section against any licensee who waives deductibles and	3045
copayments as follows:	3046

(1) In compliance with the health benefit plan that	3047
expressly allows such a practice. Waiver of the deductibles or	3048
copayments shall be made only with the full knowledge and consent	3049
of the plan purchaser, payer, and third-party administrator.	3050
Documentation of the consent shall be made available to the board	3051
upon request.	3052

(2) For professional services rendered to any other person	3053
licensed pursuant to this chapter to the extent allowed by this	3054
chapter and the rules of the board.	3055

(N)(1) Any person who enters a prelicensure nursing	3056
education program on or after June 1, 2003, and who subsequently	3057
applies under division (A) of section 4723.09 of the Revised Code	3058
for licensure to practice as a registered nurse or as a licensed	3059
practical nurse and any person who applies under division (B) of	3060
that section for license by endorsement to practice nursing as a	3061
registered nurse or as a licensed practical nurse shall submit a	3062
request to the bureau of criminal identification and investigation	3063
for the bureau to conduct a criminal records check of the	3064
applicant and to send the results to the board, in accordance with	3065
section 4723.09 of the Revised Code.	3066

The board shall refuse to grant a license to practice nursing	3067
as a registered nurse or as a licensed practical nurse under	3068
section 4723.09 of the Revised Code to a person who entered a	3069
prelicensure nursing education program on or after June 1, 2003,	3070
and applied under division (A) of section 4723.09 of the Revised	3071
Code for the license or a person who applied under division (B) of	3072
that section for the license, if the criminal records check	3073
performed in accordance with division (C) of that section	3074
indicates that the person has pleaded guilty to, been convicted	3075
of, or has had a judicial finding of guilt for violating section	3076
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	3077
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	3078
substantially similar law of another state, the United States, or	3079
another country.	3080

(2) Any person who enters a dialysis training program on or	3081
after June 1, 2003, and who subsequently applies for a certificate	3082
to practice as a dialysis technician shall submit a request to the	3083
bureau of criminal identification and investigation for the bureau	3084
to conduct a criminal records check of the applicant and to send	3085
the results to the board, in accordance with section 4723.75 of	3086
the Revised Code.	3087

The board shall refuse to issue a certificate to practice as	3088
a dialysis technician under section 4723.75 of the Revised Code to	3089
a person who entered a dialysis training program on or after June	3090
1, 2003, and whose criminal records check performed in accordance	3091
with division (C) of that section indicates that the person has	3092
pleaded guilty to, been convicted of, or has had a judicial	3093
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	3094
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	3095
2911.11 of the Revised Code or a substantially similar law of	3096
another state, the United States, or another country.	3097

Sec. 4723.72.  (A) A dialysis technician may engage in	3098
dialysis care by doing the following:	3099

(1) Performing and monitoring dialysis procedures, including	3100
initiating, monitoring, and discontinuing dialysis;	3101

(2) Drawing blood;

3102

(3) Administering any of the medications specified in	3103
division (C) of this section when the administration is essential	3104
to the dialysis process;	3105

(4) Responding to complications that arise during dialysis.

3106

(B) A dialysis technician may provide the dialysis care	3107
specified in division (A) of this section only if the care has	3108
been delegated to the technician by a physician or registered	3109
nurse and the technician is under the supervision of a physician	3110
or registered nurse. Supervision requires that the dialysis	3111
technician be in the immediate presence of a physician or	3112
registered nurse, or, in the case of dialysis care provided in a	3113
patient's home, that the dialysis technician be supervised in	3114
accordance with the rules adopted under section 4723.79 of the	3115
Revised Code for supervision of dialysis technicians who provide	3116
dialysis care in a patient's home. Division (E)(5) of section	3117
4723.73 of the Revised Code does not allow a dialysis technician	3118
who provides dialysis care in a patient's home to provide dialysis	3119
care that is not authorized under this section.	3120

(C) A dialysis technician may administer medication only as	3121
ordered by a licensed health professional authorized to prescribe	3122
drugs as defined in section 4729.01 of the Revised Code and in	3123
accordance with the standards established in rules adopted under	3124
section 4723.79 of the Revised Code. A dialysis technician may	3125
administer only the following medications:	3126

(1) Intradermal lidocaine or other single therapeutically	3127
equivalent local anesthetic for the purpose of initiating dialysis	3128
treatment;	3129

(2) Intravenous heparin or other single therapeutically	3130
equivalent anticoagulant for the purpose of initiating and	3131
maintaining dialysis treatment;	3132

(3) Intravenous normal saline;

3133

(4) Patient-specific dialysate, to which the person may add	3134
electrolytes but no other additives or medications;	3135

(5) Oxygen, when the administration of the oxygen has been	3136
delegated to the technician by a registered nurse.	3137

Sec. 4723.74. (A) A person who seeks to operate a dialysis	3138
training program shall apply to the board of nursing for approval	3139
of the program. Applications shall be submitted in accordance	3140
with rules adopted under section 4723.79 of the Revised Code. The	3141
person shall include with the application the fee prescribed in	3142
those rules. If the program meets the requirements for approval	3143
as specified in the rules, the board shall approve the program. A	3144
program shall apply for reapproval and may be reapproved in	3145
accordance with rules adopted under section 4723.79 of the Revised	3146
Code.	3147

The board may withdraw the approval of a program that ceases	3148
to meet the requirements for approval. Any action to withdraw the	3149
approval shall be taken in accodanceaccordance with chapter	3150
Chapter 119. of the Revised Code.	3151

(B) A person shall not be permitted to enroll, and shall not	3152
enroll, in a dialysis training program approved by the board under	3153
division (A) of this section unless the person is eighteen years	3154
of age or older and possesses a high school diploma or high school	3155
equivalence diploma.	3156

Sec. 4723.75.  (A) The board of nursing shall issue a	3157
certificate to practice as a dialysis technician to a person who	3158
meets all of the following requirements:	3159

(1) TheFor all persons, the person applies to the board in	3160
accordance with rules adopted under section 4723.79 of the Revised	3161
Code and includes with the application the fee established in	3162
those rules.	3163

(2) The person is eighteen years of age or older and	3164
possesses a high school diploma or high school equivalence	3165
diploma.	3166

(3) The(2) For all persons, the person meets the	3167
requirements established by the board's rules.	3168

(4) The(3) For all persons, the person demonstrates	3169
competency to practice as a dialysis technician, as specified	3170
under division (B) of this section.	3171

(4) For persons who entered a dialysis training program on	3172
or after June 1, 2003, the criminal records check of the person	3173
that is completed by the bureau of criminal identification and	3174
investigation and includes a check of federal bureau of	3175
investigation records and that the bureau submits to the board	3176
indicates that the person has not been convicted of, has not	3177
pleaded guilty to, and has not had a judicial finding of guilt for	3178
violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,	3179
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the	3180
Revised Code or a substantially similar law of another state, the	3181
United States, or another country.	3182

(B) For a person to demonstrate competence to practice as a	3183
dialysis technician, one of the following must apply:	3184

(1) The person meets all of the following requirements:

3185

(a) The person has successfully completed a dialysis	3186
training program approved by the board under section 4723.74 of	3187
the Revised Code.	3188

(b) The person has been employed to perform dialysis care by	3189
a dialysis provider for not less than twelve months prior to the	3190
date of application.	3191

(c) The person passes a certification examination	3192
demonstrating competence to perform dialysis care. The person	3193
must pass the examination not later than eighteen months after	3194
entering a dialysis training program approved by the board under	3195
section 4723.74 of the Revised Code. A person who does not pass	3196
the examination within eighteen months after entering a dialysis	3197
training program must repeat and successfully complete the	3198
training program, or successfully complete another dialysis	3199
training program approved by the board, and pass the examination	3200
not less than six months after entering the new or repeated	3201
program. A person who does not pass the examination within six	3202
months after entering the new or repeated program must wait at	3203
least one year before entering or reentering any dialysis training	3204
program approved by the board, after which the person must	3205
successfully complete a dialysis training program approved by the	3206
board and pass the examination not later than six months after	3207
entering the program.	3208

(2) The person meets both of the following requirements:

3209

(a) The person holds, on the effective date of this section	3210
December24, 2000, a current, valid certificate from a qualifying	3211
testing organization specified by the board under division (B) of	3212
section 4723.751 of the Revised Code or provides evidence	3213
satisfactory to the board of having passed the examination of a	3214
qualifying testing organization not longer than five years prior	3215
to the effective date of this sectionDecember24, 2000.	3216

(b) The dialysis provider who employs the person provides	3217
the board with the information specified in rules adopted under	3218
section 4723.79 of the Revised Code attesting to the person's	3219
competence to perform dialysis care.	3220

(3) The person submits evidence satisfactory to the board	3221
that the person holds a current, valid license, certificate, or	3222
other authorization to perform dialysis care issued by another	3223
state that has standards for dialysis technicians that the board	3224
considers substantially similar to those established under	3225
sections 4723.71 to 4723.79 of the Revised Code.	3226

(C) A person who applies under this section to be certified	3227
to practice as a dialysis technician shall submit a request to the	3228
bureau of criminal identification and investigation for a criminal	3229
records check of the applicant. The request shall be on the form	3230
prescribed pursuant to division (C)(1) of section 109.572,	3231
accompanied by a standard impression sheet to obtain fingerprints	3232
prescribed pursuant to division (C)(2) of that section, and	3233
accompanied by the fee prescribed pursuant to division (C)(3) of	3234
that section. Upon receipt of the completed form, the completed	3235
impression sheet, and the fee, the bureau shall conduct a criminal	3236
records check of the applicant. Upon completion of the criminal	3237
records check, the bureau shall send the results of the check to	3238
the board. A person requesting a criminal records check under this	3239
division shall ask the superintendent of the bureau of criminal	3240
identification and investigation to also request the federal	3241
bureau of investigation to provide the superintendent with any	3242
information it has with respect to the person.	3243

The results of any criminal records check conducted pursuant	3244
to a request made under this section, and any report containing	3245
those results, are not public records for purposes of section	3246
149.43 of the Revised Code and shall not be made available to any	3247
person or for any purpose other than the following:	3248

(1) The results may be made available to any person for use	3249
in determining under this section and division (N) of section	3250
4723.28 of the Revised Code whether the individual who is the	3251
subject of the check should be issued a certificate to practice as	3252
a dialysis technician.	3253

(2) The results may be made available to the individual who	3254
is the subject of the check or that individual's representative.	3255

Sec. 4723.77.  A certificate issued under section 4723.75 of	3256
the Revised Code expires biennially and shall be renewed according	3257
to a schedule established by the board of nursing in rules adopted	3258
under section 4723.79 of the Revised Code. An application for	3259
renewal of a certificate shall be accompanied by the renewal fee	3260
established in rules adopted by the board under section 4723.79 of	3261
the Revised Code. A certificate may be renewed only if, during	3262
the period for which the certificate was issued, the certificate	3263
holder satisfied the continuing education requirements established	3264
by the board's rules. Of the hours of continuing education	3265
completed during the period for which the certificate was issued,	3266
at least one hour of the education must be directly related to the	3267
statutes and rules pertaining to the practice of nursing in this	3268
state or the practice as a dialysis technician in this state.	3269

Sec. 5120.031.  (A) As used in this section:

3270

(1) "Certificate of high school equivalence" means a	3271
statement that is issued by the state board of education or an	3272
equivalent agency of another state and that indicates that its	3273
holder has achieved the equivalent of a high school education as	3274
measured by scores obtained on the tests of general educational	3275
development published by the American council on education.	3276

(2) "Certificate of adult basic education" means a statement	3277
that is issued by the department of rehabilitation and correction	3278
through the Ohio central school system approved by the state board	3279
of education and that indicates that its holder has achieved a 6.0	3280
grade level, or higher, as measured by scores of nationally	3281
standardized or recognized tests.	3282

(3) "Deadly weapon" and "firearm" have the same meanings as	3283
in section 2923.11 of the Revised Code.	3284

(4) "Eligible offender" means a person, other than one who	3285
is ineligible to participate in an intensive program prison under	3286
the criteria specified in section 5120.032 of the Revised Code,	3287
who has been convicted of or pleaded guilty to, and has been	3288
sentenced for, a felony.	3289

(5) "Shock incarceration" means the program of incarceration	3290
that is established pursuant to the rules of the department of	3291
rehabilitation and correction adopted under this section.	3292

(B)(1) The director of rehabilitation and correction, by	3293
rules adopted under Chapter 119. of the Revised Code, shall	3294
establish a pilot program of shock incarceration that may be used	3295
for eligible offenders who are sentenced to serve a term of	3296
imprisonment under the custody of the department of rehabilitation	3297
and correction, whom the department determines to be eligible	3298
offenders, and whom the department, subject to the approval of the	3299
sentencing judge, may permit to serve their sentence as a sentence	3300
of shock incarceration in accordance with this section.	3301

(2) The rules for the pilot program shall require that the	3302
program be established at an appropriate state correctional	3303
institution designated by the director and that the program	3304
consist of both of the following for each eligible offender whom	3305
the department, with the approval of the sentencing judge, permits	3306
to serve the eligible offender's sentence as a sentence of shock	3307
incarceration:	3308

(a) A period of imprisonment at that institution of ninety	3309
days that shall consist of a military style combination of	3310
discipline, physical training, and hard labor and substance abuse	3311
education, employment skills training, social skills training, and	3312
psychological treatment. During the ninety-day period, the	3313
department may permit an eligible offender to participate in a	3314
self-help program. Additionally, during the ninety-day period, an	3315
eligible offender who holds a high school diploma or a certificate	3316
of high school equivalence may be permitted to tutor other	3317
eligible offenders in the shock incarceration program. If an	3318
eligible offender does not hold a high school diploma or	3319
certificate of high school equivalence, the eligible offender may	3320
elect to participate in an education program that is designed to	3321
award a certificate of adult basic education or an education	3322
program that is designed to award a certificate of high school	3323
equivalence to those eligible offenders who successfully complete	3324
the education program, whether the completion occurs during or	3325
subsequent to the ninety-day period. To the extent possible, the	3326
department shall use as teachers in the education program persons	3327
who have been issued a license pursuant to sections 3319.22 to	3328
3319.31 of the Revised Code, who have volunteered their services	3329
to the education program, and who satisfy any other criteria	3330
specified in the rules for the pilot project.	3331

(b) Immediately following the ninety-day period of	3332
imprisonment, and notwithstanding any other provision governing	3333
the early release of a prisoner from imprisonment or the transfer	3334
of a prisoner to transitional control, one of the following, as	3335
determined by the director:	3336

(i) An intermediate, transitional type of detention for the	3337
period of time determined by the director and, immediately	3338
following the intermediate, transitional type of detention, a	3339
release under a post-release control sanction imposed in	3340
accordance with section 2967.28 of the Revised Code. The period	3341
of intermediate, transitional type of detention imposed by the	3342
director under this division may be in a halfway house, in a	3343
community-based correctional facility and program or district	3344
community-based correctional facility and program established	3345
under sections 2301.51 to 2301.56 of the Revised Code, or in any	3346
other facility approved by the director that provides for	3347
detention to serve as a transition between imprisonment in a state	3348
correctional institution and release from imprisonment.	3349

(ii) A release under a post-release control sanction imposed	3350
in accordance with section 2967.28 of the Revised Code.	3351

(3) The rules for the pilot program also shall include, but	3352
are not limited to, all of the following:	3353

(a) Rules identifying the locations within the state	3354
correctional institution designated by the director that will be	3355
used for eligible offenders serving a sentence of shock	3356
incarceration;	3357

(b) Rules establishing specific schedules of discipline,	3358
physical training, and hard labor for eligible offenders serving a	3359
sentence of shock incarceration, based upon the offender's	3360
physical condition and needs;	3361

(c) Rules establishing standards and criteria for the	3362
department to use in determining which eligible offenders the	3363
department will permit to serve their sentence of imprisonment as	3364
a sentence of shock incarceration;	3365

(d) Rules establishing guidelines for the selection of	3366
post-release control sanctions for eligible offenders;	3367

(e) Rules establishing procedures for notifying sentencing	3368
courts of the performance of eligible offenders serving their	3369
sentences of imprisonment as a sentence of shock incarceration;	3370

(f) Any other rules that are necessary for the proper	3371
conduct of the pilot program.	3372

(C)(1) If an offender is sentenced to a term of imprisonment	3373
under the custody of the department, if the sentencing court	3374
determined that the offender is eligible for placement in a	3375
program of shock incarceration under this section, and if the	3376
sentencing court either recommends the offender for placement in a	3377
program of shock incarceration under this section or makes no	3378
recommendation on placement of the offender, and if the department	3379
determines that the offender is an eligible offender for placement	3380
in a program of shock incarceration under this section, the	3381
department may permit the eligible offender to serve the sentence	3382
in a program of shock incarceration, in accordance with division	3383
(K) of section 2929.14 of the Revised Code, with this section, and	3384
with the rules adopted under this section. If the sentencing court	3385
disapproves placement of the offender in a program of shock	3386
incarceration, the department shall not place the offender in any	3387
program of shock incarceration.	3388

If the sentencing court recommends the offender for placement	3389
in a program of shock incarceration and if the department	3390
subsequently places the offender in the recommended program, the	3391
department shall notify the court of the offender's placement in	3392
the recommended program and shall include with the notice a brief	3393
description of the placement.	3394

If the sentencing court approvesrecommends placement of the	3395
offender in a program of shock incarceration and the department	3396
for any reason does not subsequently place the offender in the	3397
recommended program, the department shall send a notice to the	3398
court indicating why the offender was not placed in the	3399
recommended program.	3400

If the sentencing court does not make a recommendation on the	3401
placement of an eligible offender in a program of shock	3402
incarceration and if the department determines that the offender	3403
is an eligible offender for placement in a program of that nature,	3404
the department shall screen the offender and determine if the	3405
offender is suited for the program of shock incarceration. If the	3406
offender is suited for the program of shock incarceration, at	3407
least three weeks prior to permitting an eligible offender to	3408
serve the sentence in a program of shock incarceration, the	3409
department shall notify the sentencing court of the proposed	3410
placement of the offender in the program and shall include with	3411
the notice a brief description of the placement. The court shall	3412
have ten days from receipt of the notice to disapprove the	3413
placement. If the sentencing court disapproves of the placement,	3414
the department shall not permit the eligible offender to serve the	3415
sentence in a program of shock incarceration. If the judge does	3416
not timely disapprove of placement of the offender in the program	3417
of shock incarceration, the department may proceed with plans for	3418
placement of the offender.	3419

If the sentencing court determineddepartment determines that	3420
the offender is not eligible for placement in a program of shock	3421
incarceration or if the sentencing court disapproves placement of	3422
the offender in a program of that nature, the department of	3423
rehabilitation and correction shall not place the offender in any	3424
program of shock incarceration.	3425

(2) If the department permits an eligible offender to serve	3426
the eligible offender's sentence of imprisonment as a sentence of	3427
shock incarceration and the eligible offender does not	3428
satisfactorily complete the entire period of imprisonment	3429
described in division (B)(2)(a) of this section, the offender	3430
shall be removed from the pilot program for shock incarceration	3431
and shall be required to serve the remainder of the offender's	3432
sentence of imprisonment imposed by the sentencing court as a	3433
regular term of imprisonment. If the eligible offender commences	3434
a period of post-release control described in division (B)(2)(b)	3435
of this section and violates the conditions of that post-release	3436
control, the eligible offender shall be subject to the provisions	3437
of sections 2929.141, 2967.15, and 2967.28 of the Revised Code	3438
regarding violation of post-release control sanctions.	3439

(3) If an eligible offender's stated prison term expires at	3440
any time during the eligible offender's participation in the shock	3441
incarceration program, the adult parole authority shall terminate	3442
the eligible offender's participation in the program and shall	3443
issue to the eligible offender a certificate of expiration of the	3444
stated prison term.	3445

(D) The director shall keep sentencing courts informed of	3446
the performance of eligible offenders serving their sentences of	3447
imprisonment as a sentence of shock incarceration, including, but	3448
not limited to, notice of eligible offenders who fail to	3449
satisfactorily complete their entire sentence of shock	3450
incarceration or who satisfactorily complete their entire sentence	3451
of shock incarceration.	3452

(E) Within a reasonable period of time after November 20,	3453
1990, the director shall appoint a committee to search for one or	3454
more suitable sites at which one or more programs of shock	3455
incarceration, in addition to the pilot program required by	3456
division (B)(1) of this section, may be established. The search	3457
committee shall consist of the director or the director's	3458
designee, as chairperson; employees of the department of	3459
rehabilitation and correction appointed by the director; and any	3460
other persons that the director, in the director's discretion,	3461
appoints. In searching for such sites, the search committee shall	3462
give preference to any site owned by the state or any other	3463
governmental entity and to any existing structure that reasonably	3464
could be renovated, enlarged, converted, or remodeled for purposes	3465
of establishing such a program. The search committee shall	3466
prepare a report concerning its activities and, on the earlier of	3467
the day that is twelve months after the first day on which an	3468
eligible offender began serving a sentence of shock incarceration	3469
under the pilot program or January 1, 1992, shall file the report	3470
with the president and the minority leader of the senate, the	3471
speaker and the minority leader of the house of representatives,	3472
the members of the senate who were members of the senate judiciary	3473
committee in the 118th general assembly or their successors, and	3474
the members of the house of representatives who were members of	3475
the select committee to hear drug legislation that was established	3476
in the 118th general assembly or their successors. Upon the	3477
filing of the report, the search committee shall terminate. The	3478
report required by this division shall contain all of the	3479
following:	3480

(1) A summary of the process used by the search committee in	3481
performing its duties under this division;	3482

(2) A summary of all of the sites reviewed by the search	3483
committee in performing its duties under this division, and the	3484
benefits and disadvantages it found relative to the establishment	3485
of a program of shock incarceration at each such site;	3486

(3) The findings and recommendations of the search committee	3487
as to the suitable site or sites, if any, at which a program of	3488
shock incarceration, in addition to the pilot program required by	3489
division (B)(1) of this section, may be established.	3490

(F) The director periodically shall review the pilot program	3491
for shock incarceration required to be established by division	3492
(B)(1) of this section. The director shall prepare a report	3493
relative to the pilot program and, on the earlier of the day that	3494
is twelve months after the first day on which an eligible offender	3495
began serving a sentence of shock incarceration under the pilot	3496
program or January 1, 1992, shall file the report with the	3497
president and the minority leader of the senate, the speaker and	3498
the minority leader of the house of representatives, the members	3499
of the senate who were members of the senate judiciary committee	3500
in the 118th general assembly or their successors, and the members	3501
of the house of representatives who were members of the select	3502
committee to hear drug legislation that was established in the	3503
118th general assembly or their successors. The pilot program	3504
shall not terminate at the time of the filing of the report, but	3505
shall continue in operation in accordance with this section. The	3506
report required by this division shall include all of the	3507
following:	3508

(1) A summary of the pilot program as initially established,	3509
a summary of all changes in the pilot program made during the	3510
period covered by the report and the reasons for the changes, and	3511
a summary of the pilot program as it exists on the date of	3512
preparation of the report;	3513

(2) A summary of the effectiveness of the pilot program, in	3514
the opinion of the director and employees of the department	3515
involved in its operation;	3516

(3) An analysis of the total cost of the pilot program, of	3517
its cost per inmate who was permitted to serve a sentence of shock	3518
incarceration and who served the entire sentence of shock	3519
incarceration, and of its cost per inmate who was permitted to	3520
serve a sentence of shock incarceration;	3521

(4) A summary of the standards and criteria used by the	3522
department in determining which eligible offenders were permitted	3523
to serve their sentence of imprisonment as a sentence of shock	3524
incarceration;	3525

(5) A summary of the characteristics of the eligible	3526
offenders who were permitted to serve their sentence of	3527
imprisonment as a sentence of shock incarceration, which summary	3528
shall include, but not be limited to, a listing of every offense	3529
of which any such eligible offender was convicted or to which any	3530
such eligible offender pleaded guilty and in relation to which the	3531
eligible offender served a sentence of shock incarceration, and	3532
the total number of such eligible offenders who were convicted of	3533
or pleaded guilty to each such offense;	3534

(6) A listing of the number of eligible offenders who were	3535
permitted to serve a sentence of shock incarceration and who did	3536
not serve the entire sentence of shock incarceration, and, to the	3537
extent possible, a summary of the length of the terms of	3538
imprisonment served by such eligible offenders after they were	3539
removed from the pilot program;	3540

(7) A summary of the effect of the pilot program on	3541
overcrowding at state correctional institutions;	3542

(8) To the extent possible, an analysis of the rate of	3543
recidivism of eligible offenders who were permitted to serve a	3544
sentence of shock incarceration and who served the entire sentence	3545
of shock incarceration;	3546

(9) Recommendations as to legislative changes to the pilot	3547
program that would assist in its operation or that could further	3548
alleviate overcrowding at state correctional institutions, and	3549
recommendations as to whether the pilot program should be	3550
expanded.	3551

Sec. 5120.032.  (A) No later than January 1, 1998, the	3552
department of rehabilitation and correction shall develop and	3553
implement intensive program prisons for male and female prisoners	3554
other than prisoners described in division (B)(2) of this section.	3555
The intensive program prisons shall include institutions at which	3556
imprisonment of the type described in division (B)(2)(a) of	3557
section 5120.031 of the Revised Code is provided and prisons that	3558
focus on educational achievement, vocational training, alcohol and	3559
other drug abuse treatment, community service and conservation	3560
work, and other intensive regimens or combinations of intensive	3561
regimens.	3562

(B)(1)(a) Except as provided in division (B)(2) of this	3563
section, if an offender is sentenced to a term of imprisonment	3564
under the custody of the department, if the sentencing court	3565
determines that a prisoner is eligible for placement in an	3566
intensive program prison under this section and the sentencing	3567
court either recommends the offenderprisoner for placement in the	3568
intensive program prison under this section or makes no	3569
recommendation on placement of the prisoner, and if the department	3570
determines that the prisoner is eligible for placement in an	3571
intensive program prison under this section, the department may	3572
place the prisoner in an intensive program prison established	3573
pursuant to division (A) of this section. If the sentencing court	3574
disapproves placement of the prisoner in an intensive program	3575
prison, the department shall not place the prisoner in any	3576
intensive program prison.	3577

If the sentencing court recommends a prisoner for placement	3578
in an intensive program prison and if the department subsequently	3579
places the prisoner in the recommended prison, the department	3580
shall notify the court of the prisoner's placement in the	3581
recommended intensive program prison and shall include with the	3582
notice a brief description of the placement.	3583

If the sentencing court approvesrecommends placement of a	3584
prisoner in an intensive program prison and the department for any	3585
reason does not subsequently place the offenderprisoner in the	3586
recommended prison, the department shall send a notice to the	3587
court indicating why the prisoner was not placed in the	3588
recommended prison.	3589

If the sentencing court does not make a recommendation on the	3590
placement of an eligiblea prisoner in an intensive program prison	3591
and if the department determines that the prisoner is eligible for	3592
placement in a prison of that nature, the department shall screen	3593
the prisoner and determine if the prisoner is suited for the	3594
prison. If the prisoner is suited for the intensive program	3595
prison, at least three weeks prior to placing the prisoner in the	3596
prison, the department shall notify the sentencing court of the	3597
proposed placement of the prisoner in the intensive program prison	3598
and shall include with the notice a brief description of the	3599
placement. The court shall have ten days from receipt of the	3600
notice to disapprove the placement. If the sentencing court	3601
disapproves the placement, the department shall not proceed with	3602
it. If the sentencing court does not timely disapprove of the	3603
placement, the department may proceed with plans for it.	3604

If the sentencing courtdepartment determines that a prisoner	3605
is not eligible for placement in an intensive program prison or if	3606
the sentencing court disapproves placement of an offender in a	3607
prison of that nature, the department of rehabilitation and	3608
correction shall not place the prisoner in any intensive program	3609
prison.	3610

(b) The department may reduce the stated prison term of a	3611
prisoner upon the prisoner's successful completion of a ninety-day	3612
period in an intensive program prison. A prisoner whose term has	3613
been so reduced shall be required to serve an intermediate,	3614
transitional type of detention followed by a release under	3615
post-release control sanctions or, in the alternative, shall be	3616
placed under post-release control sanctions, as described in	3617
division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In	3618
either case, the placement under post-release control sanctions	3619
shall be under terms set by the parole board in accordance with	3620
section 2967.28 of the Revised Code and shall be subject to the	3621
provisions of that section and section 2929.141 of the Revised	3622
Code with respect to a violation of any post-release control	3623
sanction.	3624

(2) A prisoner who is in any of the following categories is	3625
not eligible to participate in an intensive program prison	3626
established pursuant to division (A) of this section:	3627

(a) The prisoner is serving a prison term for aggravated	3628
murder, murder, or a felony of the first or second degree or a	3629
comparable offense under the law in effect prior to July 1, 1996,	3630
or the prisoner previously has been imprisoned for aggravated	3631
murder, murder, or a felony of the first or second degree or a	3632
comparable offense under the law in effect prior to July 1, 1996.	3633

(b) The prisoner is serving a mandatory prison term, as	3634
defined in section 2929.01 of the Revised Code.	3635

(c) The prisoner is serving a prison term for a felony of	3636
the third, fourth, or fifth degree that either is a sex offense,	3637
an offense betraying public trust, or an offense in which the	3638
prisoner caused or attempted to cause actual physical harm to a	3639
person, the prisoner is serving a prison term for a comparable	3640
offense under the law in effect prior to July 1, 1996, or the	3641
prisoner previously has been imprisoned for an offense of that	3642
type or a comparable offenceoffense under the law in effect prior	3643
to July 1, 1996.	3644

(d) The prisoner is serving a mandatory prison term in	3645
prison for a third or fouthfourth degree felony OMVI offense, as	3646
defined in section 2929.01 of the Revised Code, that was imposed	3647
pursuant to division (G)(2) of section 2929.13 of the Revised	3648
Code.	3649

(C) Upon the implementation of intensive program prisons	3650
pursuant to division (A) of this section, the department at all	3651
times shall maintain intensive program prisons sufficient in	3652
number to reduce the prison terms of at least three hundred fifty	3653
prisoners who are eligible for reduction of their stated prison	3654
terms as a result of their completion of a regimen in an intensive	3655
program prison under this section.	3656

Sec. 5120.033.  (A) As used in this section, "third degree	3657
felony OMVI offense" and "fourth degree felony OMVI offense" have	3658
the same meanings as in section 2929.01 of the Revised Code.	3659

(B) Within eighteen months after October 17, 1996, the	3660
department of rehabilitation and correction shall develop and	3661
implement intensive program prisons for male and female prisoners	3662
who are sentenced pursuant to division (G)(2) of section 2929.13	3663
of the Revised Code to a mandatory prison term for a third or	3664
fourth degree felony OMVI offense. The department shall contract	3665
pursuant to section 9.06 of the Revised Code for the private	3666
operation and management of the initial intensive program prison	3667
established under this section and may contract pursuant to that	3668
section for the private operation and management of any other	3669
intensive program prison established under this section. The	3670
intensive program prisons established under this section shall	3671
include prisons that focus on educational achievement, vocational	3672
training, alcohol and other drug abuse treatment, community	3673
service and conservation work, and other intensive regimens or	3674
combinations of intensive regimens.	3675

(C) Except as provided in division (D) of this section, the	3676
department may place a prisoner who is sentenced to a mandatory	3677
prison term for a third or fourth degree felony OMVI offense in an	3678
intensive program prison established pursuant to division (B) of	3679
this section if the sentencing judge, upon notification by the	3680
department of its intent to place the prisoner in an intensive	3681
program prison, does not notify the department that the judge	3682
disapproves the placement. If the stated prison term imposed on a	3683
prisoner who is so placed is longer than the mandatory prison term	3684
that is required to be imposed on the prisoner, the department may	3685
reduce the stated prison term upon the prisoner's successful	3686
completion of the prisoner's mandatory prison term in an intensive	3687
program prison. A prisoner whose term has been so reduced shall	3688
be required to serve an intermediate, transitional type of	3689
detention followed by a release under post-release control	3690
sanctions or, in the alternative, shall be placed under	3691
post-release control sanctions, as described in division	3692
(B)(2)(b)(ii) of section 5120.031 of the Revised Code. In either	3693
case, the placement under post-release control sanctions shall be	3694
under terms set by the parole board in accordance with section	3695
2967.28 of the Revised Code and shall be subject to the provisions	3696
of that section and section 2929.141 of the Revised Code with	3697
respect to a violation of any post-release control sanction. Upon	3698
the establishment of the initial intensive program prison pursuant	3699
to division (B) of this section that is privately operated and	3700
managed by a contractor pursuant to a contract entered into under	3701
section 9.06 of the Revised Code, the department shall comply with	3702
divisions (G)(2)(a) and (b) of section 2929.13 of the Revised Code	3703
in placing prisoners in intensive program prisons under this	3704
section.	3705

(D) A prisoner who is sentenced to a mandatory prison term	3706
for a third or fourth degree felony OMVI offense is not eligible	3707
to participate in an intensive program prison established under	3708
division (B) of this section if any of the following applies	3709
regarding the prisoner:	3710

(1) In addition to the mandatory prison term for the third	3711
or fourth degree felony OMVI offense, the prisoner also is serving	3712
a prison term of a type described in division (B)(2)(a), (b), or	3713
(c) of section 5120.032 of the Revised Code.	3714

(2) The prisoner previously has been imprisoned for an	3715
offense of a type described in division (B)(2)(a) or (c) of	3716
section 5120.032 of the Revised Code or a comparable offense under	3717
the law in effect prior to July 1, 1996.	3718

(E) Intensive program prisons established under division (B)	3719
of this section are not subject to section 5120.032 of the Revised	3720
Code.	3721

Sec. 5145.01.  Courts shall impose sentences to a state	3722
correctional institution for felonies pursuant to sections 2929.13	3723
and 2929.14 of the Revised Code. All prison terms may be ended in	3724
the manner provided by law, but no prison term shall exceed the	3725
maximum term provided for the felony of which the prisoner was	3726
convicted as extended pursuant to section 2929.141, 2967.11, or	3727
2967.28 of the Revised Code.	3728

If a prisoner is sentenced for two or more separate felonies,	3729
the prisoner's term of imprisonment shall run as a concurrent	3730
sentence, except if the consecutive sentence provisions of	3731
sections 2929.14 and 2929.41 of the Revised Code apply. If	3732
sentenced consecutively, for the purposes of sections 5145.01 to	3733
5145.27 of the Revised Code, the prisoner shall be held to be	3734
serving one continuous term of imprisonment.	3735

If a court imposes a sentence to a state correctional	3736
institution for a felony of the fourth or fifth degree, the	3737
department of rehabilitation and correction, notwithstanding the	3738
court's designation of a state correctional institution as the	3739
place of service of the sentence, may designate that the person	3740
sentenced is to be housed in a county, multicounty, municipal,	3741
municipal-county, or multicounty-municipal jail or workhouse if	3742
authorized pursuant to section 5120.161 of the Revised Code.	3743

If, through oversight or otherwise, a person is sentenced to	3744
a state correctional institution under a definite term for an	3745
offense for which a definite term of imprisonment is not provided	3746
by statute, the sentence shall not thereby become void, but the	3747
person shall be subject to the liabilities of such sections and	3748
receive the benefits thereof, as if the person had been sentenced	3749
in the manner required by this section.	3750

As used in this section, "prison term" has the same meaning	3751
as in section 2929.01 of the Revised Code.	3752

Sec. 5149.22. There is hereby established the Ohio council	3753
for interstate adult offender supervision pursuant to Article IV	3754
of the interstate compact for adult offender supervision. The	3755
council shall be comprised of seven members. One member shall be	3756
the compact administrator for this state for the interstate	3757
compact for adult offender supervision, or the administrator's	3758
designee. The speaker of the house of representatives shall	3759
appoint one member, who shall be a member of the house of	3760
representatives. The president of the senate shall appoint one	3761
member, who shall be a member of the senate. The chief justice of	3762
the supreme court shall appoint one member, who shall be a member	3763
of the judiciary. The governor shall appoint three members, one	3764
of whom shall be a representative of a crime victim's	3765
organization, and one of whom shall be from the executive branch.	3766
The Ohio council for interstate adult offender supervision is not	3767
subject to section 101.84 of the Revised Code.	3768

Each appointee to the state council shall be appointed in	3769
consultation with the department of rehabilitation and correction	3770
and shall serve at the pleasure of the appointing authority. The	3771
members of the council shall serve without compensation, but each	3772
member shall be reimbursed for the member's actual and necessary	3773
expenses incurred in the performance of the member's official	3774
duties on the council.	3775

The compact administrator for this state for the interstate	3776
compact for adult offender supervision, or the administrator's	3777
designee shall serve as commissioner of the state council and as	3778
this state's representative to the interstate commission	3779
established under Article III of that compact.	3780

Section 2. That existing sections 181.25, 2307.62, 2913.01,	3781
2913.04, 2919.25, 2925.23, 2929.01, 2929.12, 2929.13, 2929.14,	3782
2929.19, 2929.20, 2951.041, 2967.16, 2967.28, 3719.21, 4723.09,	3783
4723.28, 4723.72, 4723.74, 4723.75, 4723.77, 5120.031, 5120.032,	3784
5120.033, 5145.01, and 5149.22 of the Revised Code are hereby	3785
repealed.	3786

Section 3. The amendments to section 5149.22 of the Revised	3787
Code that are made in Sections 1 and 2 of this act shall take	3788
effect on the effective date of section 5149.22 of the Revised	3789
Code, which is the time specified in Section 3 of Sub. H.B. 269 of	3790
the 124th General Assembly, or on the earliest date permitted by	3791
law, whichever is later.	3792

Section 4. Section 2919.25 of the Revised Code is presented	3793
in this act as a composite of the section as amended by both H.B.	3794
238 and Am. Sub. S.B. 1 of the 122nd General Assembly. Section	3795
2929.01 of the Revised Code is presented in this act as a	3796
composite of the section as amended by Am. Sub. H.B. 349, Am. Sub.	3797
S.B. 179, and Am. Sub. S.B. 222 of the 123rd General Assembly.	3798
Section 2929.13 of the Revised Code is presented in this act as a	3799
composite of the section as amended by Am. H.B. 528, Am. Sub. S.B.	3800
22, Am. Sub. S.B. 107, Am. S.B. 142, and Am. Sub. S.B. 222 of the	3801
123rd General Assembly. Section 2929.19 of the Revised Code is	3802
presented in this act as a composite of the section as amended by	3803
Am. Sub. H.B. 349, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of the	3804
123rd General Assembly. Section 2951.041 of the Revised Code is	3805
presented in this act as a composite of the section as amended by	3806
both Sub. H.B. 202 and Am. Sub. S.B. 107 of the 123rd General	3807
Assembly. Section 4723.09 of the Revised Code is presented in this	3808
act as a composite of the section as amended by both Sub. H.B. 511	3809
and Am. Sub. S.B. 180 of the 123rd General Assembly. Section	3810
5120.032 of the Revised Code is presented in this act as a	3811
composite of the section as amended by both Am. Sub. S.B. 22 and	3812
Am. Sub. S.B. 107 of the 123rd General Assembly. The General	3813
Assembly, applying the principle stated in division (B) of section	3814
1.52 of the Revised Code that amendments are to be harmonized if	3815
reasonably capable of simultaneous operation, finds that the	3816
composites are the resulting versions of the sections in effect	3817
prior to the effective date of the sections as presented in this	3818
act.	3819