REPRESENTATIVES Latta, Goodman, Seitz, Reinhard, Lendrum, Willamowski, Schmidt, Aslanides, Fedor, Carano, Womer Benjamin

To amend sections 181.25, 2919.25, 2921.34, 2925.23,

1

2925.36, 2929.01, 2929.12, 2929.13, 2929.14,

2

2929.19, 2929.20, 2951.041, 2967.16, 2967.28,

3

3719.21, 4723.09, 4723.28, 4723.75, 5120.031,

4

5120.032, 5120.033, and 5145.01 and to enact

5

sections 2921.341 and 2929.141 of the Revised Code

6

to clarify certain provisions of the Felony

7

Sentencing Law, to correct the penalty provisions

8

for certain drug abuse offenses, to clarify the

9

eligibility criteria for intervention in lieu of

10

conviction, to require applicants for nurse

11

licensure and dialysis technician certification to

12

have a criminal records check, and to extend until

13

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

14

Sentencing Commission must recommend changes to the

15

state's criminal forfeiture laws.

16

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

Section 1. That sections 181.25, 2919.25, 2921.34, 2925.23,	17
2925.36, 2929.01, 2929.12, 2929.13, 2929.14, 2929.19, 2929.20,	18
2951.041, 2967.16, 2967.28, 3719.21, 4723.09, 4723.28, 4723.75,	19
5120.031, 5120.032, 5120.033, and 5145.01 be amended and sections	20
2921.341 and 2929.141 of the Revised Code be enacted to read as	21
follows:	22

Sec. 181.25.  (A) If the comprehensive criminal sentencing	23
structure that it recommends to the general assembly pursuant to	24
section 181.24 of the Revised Code or any aspects of that	25
sentencing structure are enacted into law, the state criminal	26
sentencing commission shall do all of the following:	27

(1) Assist the general assembly in the implementation of	28
those aspects of the sentencing structure that are enacted into	29
law;	30

(2) Monitor the operation of the aspects of the sentencing	31
structure that are enacted into law and report to the general	32
assembly no later than January 1, 1997, and biennially thereafter,	33
on all of the following matters:	34

(a) The impact of the sentencing structure in effect on and	35
after July 1, 1996, on political subdivisions and other relevant	36
aspects of local government in this state, including all of the	37
following information:	38

(i) The number and type of offenders who were being	39
imprisoned in a state correctional institution under the law in	40
effect prior to July 1, 1996, but who are being punished under a	41
community control sanction, as defined in section 2929.01 of the	42
Revised Code, under the law in effect on and after July 1, 1996;	43

(ii) The fiscal and other impact of the law in effect on and	44
after July 1, 1996, on political subdivisions and other relevant	45
aspects of local government in this state, including law	46
enforcement agencies, the court system, prosecutors, as defined in	47
section 2935.01 of the Revised Code, the public defender and	48
assigned counsel system, jails and workhouses, probation	49
departments, the drug and alcohol abuse intervention and treatment	50
system, and the mental health intervention and treatment system.	51

(b) The impact of the sentencing structure in effect on and	52
after July 1, 1996, on the population of state correctional	53
institutions, including information regarding the number and types	54
of offenders who are being imprisoned under the law in effect on	55
and after July 1, 1996, and the amount of space in state	56
correctional institutions that is necessary to house those	57
offenders;	58

(c) The impact of the sentencing structure and the sentence	59
appeal provisions in effect on and after July 1, 1996, on the	60
appellate courts of this state, including information regarding	61
the number of sentence-based appeals, the cost of reviewing	62
appeals of that nature, whether a special court should be created	63
to review sentences, and whether changes should be made to ensure	64
that sentence-based appeals are conducted expeditiously.	65

(3) Review all bills that are introduced in the general	66
assembly that provide for new criminal offenses or that change the	67
penalty for any criminal offense, determine if those bills are	68
consistent with the sentencing policy adopted under division (B)	69
of section 181.23 of the Revised Code, determine the impact of	70
those bills upon the correctional resources of the state, and	71
recommend to the general assembly any necessary amendments to	72
those bills. When the commission recommends any amendment for a	73
bill before the general assembly, it shall do so in a manner that	74
is consistent with the requirements of section 181.24 of the	75
Revised Code.	76

(4) Study criminal sentencing structures in this state,	77
other states, and the federal government, recommend necessary	78
changes to the sentencing structure of the state, and determine	79
the costs and effects of any proposed changes in the sentencing	80
structure of the state;	81

(5) Collect and maintain data that pertains to the cost to	82
counties of the felony sentence appeal provisions set forth in	83
section 2953.08 of the Revised Code, of the postconviction relief	84
proceeding provisions set forth in division (A)(2) of section	85
2953.21 of the Revised Code, and of appeals from judgments entered	86
in such postconviction relief proceedings. The data so collected	87
and maintained shall include, but shall not be limited to, the	88
increase in expenses that counties experience as a result of those	89
provisions and those appeals and the number of felony sentence	90
appeals made, postconviction relief proceedings filed, and appeals	91
of postconviction relief proceeding judgments made in each county	92
under those provisions. The commission periodically shall provide	93
to the felony sentence appeal cost oversight committee, in	94
accordance with division (I) of section 2953.08 of the Revised	95
Code, all data the commission collects pursuant to this division.	96

(B) In addition to its duties set forth in section 181.24 of	97
the Revised Code and division (A) of this section, the state	98
criminal sentencing commission shall review all forfeiture	99
statutes in Titles XXIX and XLV of the Revised Code and, not later	100
than July 1, 20012002, recommend to the general assembly any	101
necessary changes to those statutes.	102

Sec. 2919.25.  (A) No person shall knowingly cause or	103
attempt to cause physical harm to a family or household member.	104

(B) No person shall recklessly cause serious physical harm	105
to a family or household member.	106

(C) No person, by threat of force, shall knowingly cause a	107
family or household member to believe that the offender will cause	108
imminent physical harm to the family or household member.	109

(D) Whoever violates this section is guilty of domestic	110
violence. Except as otherwise provided in this division, a	111
violation of division (C) of this section is a misdemeanor of the	112
fourth degree, and a violation of division (A) or (B) of this	113
section is a misdemeanor of the first degree. If the offender	114
previously has pleaded guilty to or been convicted of domestic	115
violence, of a violation of a municipal ordinance that is	116
substantially similar to domestic violence, of a violation of	117
section 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211,	118
2903.22, 2911.211, or 2919.22 of the Revised Code involving a	119
person who was a family or household member at the time of the	120
violation, or of a violation of a municipal ordinance, a law of	121
the United States or of any other state, or a municipal ordinance	122
of a municipal corporation located in any other state that is	123
substantially similar to one of those sections involving a person	124
who was a family or household member at the time of the violation,	125
a violation of division (A) or (B) of this section is a felony of	126
the fifth degree, and a violation of division (C) of this section	127
is a misdemeanor of the third degree."	128

(E) As used in this section and sections 2919.251 and	129
2919.26 of the Revised Code:	130

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

131

(a) Any of the following who is residing or has resided with	132
the offender:	133

(i) A spouse, a person living as a spouse, or a former	134
spouse of the offender;	135

(ii) A parent or a child of the offender, or another person	136
related by consanguinity or affinity to the offender;	137

(iii) A parent or a child of a spouse, person living as a	138
spouse, or former spouse of the offender, or another person	139
related by consanguinity or affinity to a spouse, person living as	140
a spouse, or former spouse of the offender.	141

(b) The natural parent of any child of whom the offender is	142
the other natural parent or is the putative other natural parent.	143

(2) "Person living as a spouse" means a person who is living	144
or has lived with the offender in a common law marital	145
relationship, who otherwise is cohabiting with the offender, or	146
who otherwise has cohabited with the offender within five years	147
prior to the date of the alleged commission of the act in	148
question.	149

Sec. 2921.34.  (A)(1) No person, knowing the person is under	150
detention or being reckless in that regard, shall purposely break	151
or attempt to break the detention, or purposely fail to return to	152
detention, either following temporary leave granted for a specific	153
purpose or limited period, or at the time required when serving a	154
sentence in intermittent confinement. A person who violates	155
section 2921.341 of the Revised Code shall not also be prosecuted	156
for a violation of this section based upon the same act that	157
constitutes the violation of that section.	158

(2) No person who is sentenced to a prison term pursuant to	159
division (A)(3) of section 2971.03 of the Revised Code as a	160
sexually violent predator, for whom the requirement that the	161
entire prison term be served in a state correctional institution	162
has been modified pursuant to section 2971.05 of the Revised Code,	163
and who, pursuant to that modification, is restricted to a	164
geographic area, knowing that the person is under a geographic	165
restriction or being reckless in that regard, shall purposely	166
leave the geographic area to which the restriction applies or	167
purposely fail to return to that geographic area following a	168
temporary leave granted for a specific purpose or for a limited	169
period of time.	170

(B) Irregularity in bringing about or maintaining detention,	171
or lack of jurisdiction of the committing or detaining authority,	172
is not a defense to a charge under this section if the detention	173
is pursuant to judicial order or in a detention facility. In the	174
case of any other detention, irregularity or lack of jurisdiction	175
is an affirmative defense only if either of the following occurs:	176

(1) The escape involved no substantial risk of harm to the	177
person or property of another.	178

(2) The detaining authority knew or should have known there	179
was no legal basis or authority for the detention.	180

(C) Whoever violates this section is guilty of escape.

181

(1) If the offender, at the time of the commission of the	182
offense, was under detention as an alleged or adjudicated	183
delinquent child or unruly child and if the act for which the	184
offender was under detention would not be a felony if committed by	185
an adult, escape is a misdemeanor of the first degree.	186

(2) If the offender, at the time of the commission of the	187
offense, was under detention in any other manner or was a sexually	188
violent predator for whom the requirement that the entire prison	189
term imposed pursuant to division (A)(3) of section 2971.03 of the	190
Revised Code be served in a state correctional institution has	191
been modified pursuant to section 2971.05 of the Revised Code,	192
escape is one of the following:	193

(a) A felony of the second degree, when the most serious	194
offense for which the person was under detention or adjudicated a	195
sexually violent predator is aggravated murder, murder, or a	196
felony of the first or second degree or, if the person was under	197
detention as an alleged or adjudicated delinquent child, when the	198
most serious act for which the person was under detention would be	199
aggravated murder, murder, or a felony of the first or second	200
degree if committed by an adult;	201

(b) A felony of the third degree, when the most serious	202
offense for which the person was under detention or adjudicated a	203
sexually violent predator is a felony of the third, fourth, or	204
fifth degree or an unclassified felony or, if the person was under	205
detention as an alleged or adjudicated delinquent child, when the	206
most serious act for which the person was under detention would be	207
a felony of the third, fourth, or fifth degree or an unclassified	208
felony if committed by an adult;	209

(c) A felony of the fifth degree, when any of the following	210
applies:	211

(i) The most serious offense for which the person was under	212
detention is a misdemeanor.	213

(ii) The person was found not guilty by reason of insanity,	214
and the person's detention consisted of hospitalization,	215
institutionalization, or confinement in a facility under an order	216
made pursuant to or under authority of section 2945.40, 2945.401,	217
or 2945.402 of the Revised Code.	218

(d) A misdemeanor of the first degree, when the most serious	219
offense for which the person was under detention is a misdemeanor	220
and when the person fails to return to detention at a specified	221
time following temporary leave granted for a specific purpose or	222
limited period or at the time required when serving a sentence in	223
intermittent confinement.	224

Sec. 2921.341. (A) No offender who is under the lawful	225
supervision of an employee of the department of rehabilitation and	226
correction and who is on any type of release from a state	227
correctional institution other than judicial release under section	228
2929.20 of the Revised Code shall do any of the following:	229

(1) Knowingly leave the state without the permission of the	230
adult parole authority;	231

(2) Evade, flee, or avoid that supervision for more than six	232
months;	233

(3) Fail to maintain contacts required by that supervision	234
for more than six months.	235

(B) Whoever violates this section is guilty of absconding	236
from supervision, a felony of the fifth degree.	237

Sec. 2925.23.  (A) No person shall knowingly make a false	238
statement in any prescription, order, report, or record required	239
by Chapter 3719. or 4729. of the Revised Code.	240

(B) No person shall intentionally make, utter, or sell, or	241
knowingly possess any of the following that is a false or forged:	242

(1) Prescription;

243

(2) Uncompleted preprinted prescription blank used for	244
writing a prescription;	245

(3) Official written order;

246

(4) License for a terminal distributor of dangerous drugs as	247
required in section 4729.60 of the Revised Code;	248

(5) Registration certificate for a wholesale distributor of	249
dangerous drugs as required in section 4729.60 of the Revised	250
Code.	251

(C) No person, by theft as defined in section 2913.02 of the	252
Revised Code, shall acquire any of the following:	253

(1) A prescription;

254

(2) An uncompleted preprinted prescription blank used for	255
writing a prescription;	256

(3) An official written order;

257

(4) A blank official written order;

258

(5) A license or blank license for a terminal distributor of	259
dangerous drugs as required in section 4729.60 of the Revised	260
Code;	261

(6) A registration certificate or blank registration	262
certificate for a wholesale distributor of dangerous drugs as	263
required in section 4729.60 of the Revised Code.	264

(D) No person shall knowingly make or affix any false or	265
forged label to a package or receptacle containing any dangerous	266
drugs.	267

(E) Divisions (A) and (D) of this section do not apply to	268
licensed health professionals authorized to prescribe drugs,	269
pharmacists, owners of pharmacies, and other persons whose conduct	270
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,	271
4731., and 4741. of the Revised Code.	272

(F) Whoever violates this section is guilty of illegal	273
processing of drug documents. If the offender violates division	274
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this	275
section, illegal processing of drug documents is a felony of the	276
fifth degree. If the offender violates division (A), division	277
(B)(1) or (3), division (C)(1) or (3), or division (D) of this	278
section, the penalty for illegal processing of drug documents	279
shall be determined as follows:	280

(1) If the drug involved is a compound, mixture,	281
preparation, or substance included in schedule I or II, with the	282
exception of marihuana, illegal processing of drug documents is a	283
felony of the fourth degree, and division (C) of section 2929.13	284
of the Revised Code applies in determining whether to impose a	285
prison term on the offender.	286

(2) If the drug involved is a dangerous drug or a compound,	287
mixture, preparation, or substance included in schedule III, IV,	288
or V or is marihuana, illegal processing of drug documents is a	289
felony of the fifth degree, and division (C) of section 2929.13 of	290
the Revised Code applies in determining whether to impose a prison	291
term on the offender.	292

(G) In addition to any prison term authorized or required by	293
division (F) of this section and sections 2929.13 and 2929.14 of	294
the Revised Code and in addition to any other sanction imposed for	295
the offense under this section or sections 2929.11 to 2929.18 of	296
the Revised Code, the court that sentences an offender who is	297
convicted of or pleads guilty to any violation of divisions (A) to	298
(D) of this section shall do both of the following:	299

(1) The court shall suspend for not less than six months or	300
more than five years the driver's or commercial driver's license	301
or permit of any person who is convicted of or has pleaded guilty	302
to a violation of this section.	303

(2) If the offender is a professionally licensed person or a	304
person who has been admitted to the bar by order of the supreme	305
court in compliance with its prescribed and published rules, in	306
addition to any other sanction imposed for a violation of this	307
section, the court forthwith shall comply with section 2925.38 of	308
the Revised Code.	309

(H) Notwithstanding any contrary provision of section	310
3719.21 of the Revised Code, the clerk of court shall pay a fine	311
imposed for a violation of this section pursuant to division (A)	312
of section 2929.18 of the Revised Code in accordance with and	313
subject to the requirements of division (F) of section 2925.03 of	314
the Revised Code. The agency that receives the fine shall use the	315
fine as specified in division (F) of section 2925.03 of the	316
Revised Code.	317

Sec. 2925.36.  (A) No person shall knowingly furnish another	318
a sample drug.	319

(B) Division (A) of this section does not apply to	320
manufacturers, wholesalers, pharmacists, owners of pharmacies,	321
licensed health professionals authorized to prescribe drugs, and	322
other persons whose conduct is in accordance with Chapters 3719.,	323
4715., 4723., 4725., 4729., 4731., and 4741. of the Revised Code.	324

(C)(1) Whoever violates this section is guilty of illegal	325
dispensing of drug samples.	326

(2) If the drug involved in the offense is a compound,	327
mixture, preparation, or substance included in schedule I or II,	328
with the exception of marihuana, the penalty for the offense shall	329
be determined as follows:	330

(a) Except as otherwise provided in division (C)(2)(b) of	331
this section, illegal dispensing of drug samples is a felony of	332
the fifth degree, and, subject to division (E) of this section,	333
division (C) of section 2929.13 of the Revised Code applies in	334
determining whether to impose a prison term on the offender.	335

(b) If the offense was committed in the vicinity of a school	336
or in the vicinity of a juvenile, illegal dispensing of drug	337
samples is a felony of the fourth degree, and, subject to division	338
(E) of this section, division (C) of section 2929.13 of the	339
Revised Code applies in determining whether to impose a prison	340
term on the offender.	341

(3) If the drug involved in the offense is a dangerous drug	342
or a compound, mixture, preparation, or substance included in	343
schedule III, IV, or V, or is marihuana, the penalty for the	344
offense shall be determined as follows:	345

(a) Except as otherwise provided in division (C)(3)(b) of	346
this section, illegal dispensing of drug samples is a misdemeanor	347
of the second degree.	348

(b) If the offense was committed in the vicinity of a school	349
or in the vicinity of a juvenile, illegal dispensing of drug	350
samples is a misdemeanor of the first degree.	351

(D) In addition to any prison term authorized or required by	352
division (C) or (E) of this section and sections 2929.13 and	353
2929.14 of the Revised Code and in addition to any other sanction	354
imposed for the offense under this section or sections 2929.11 to	355
2929.18 of the Revised Code, the court that sentences an offender	356
who is convicted of or pleads guilty to a violation of division	357
(A) of this section shall do both of the following:	358

(1) The court shall suspend for not less than six months or	359
more than five years the driver's or commercial driver's license	360
or permit of any person who is convicted of or has pleaded guilty	361
to a violation of this section.	362

(2) If the offender is a professionally licensed person or a	363
person who has been admitted to the bar by order of the supreme	364
court in compliance with its prescribed and published rules, in	365
addition to any other sanction imposed for a violation of this	366
section, the court forthwith shall comply with section 2925.38 of	367
the Revised Code.	368

(E) Notwithstanding the prison term authorized or required by	369
division (C) of this section and sections 2929.13 and 2929.14 of	370
the Revised Code, if the violation of division (A) of this section	371
involves the sale, offer to sell, or possession of a schedule I or	372
II controlled substance, with the exception of marihuana, and if	373
the court imposing sentence upon the offender finds that the	374
offender as a result of the violation is a major drug offender and	375
is guilty of a specification of the type described in section	376
2941.1410 of the Revised Code, the court, in lieu of the prison	377
term otherwise authorized or required, shall impose upon the	378
offender the mandatory prison term specified in division (D)(3)(a)	379
of section 2929.14 of the Revised Code and may impose an	380
additional prison term under division (D)(3)(b) of that section.	381

(F) Notwithstanding any contrary provision of section	382
3719.21 of the Revised Code, the clerk of the court shall pay a	383
fine imposed for a violation of this section pursuant to division	384
(A) of section 2929.18 of the Revised Code in accordance with and	385
subject to the requirements of division (F) of section 2925.03 of	386
the Revised Code. The agency that receives the fine shall use the	387
fine as specified in division (F) of section 2925.03 of the	388
Revised Code.	389

Sec. 2929.01.  As used in this chapter:

390

(A)(1) "Alternative residential facility" means, subject to	391
division (A)(2) of this section, any facility other than an	392
offender's home or residence in which an offender is assigned to	393
live and that satisfies all of the following criteria:	394

(a) It provides programs through which the offender may seek	395
or maintain employment or may receive education, training,	396
treatment, or habilitation.	397

(b) It has received the appropriate license or certificate	398
for any specialized education, training, treatment, habilitation,	399
or other service that it provides from the government agency that	400
is responsible for licensing or certifying that type of education,	401
training, treatment, habilitation, or service.	402

(2) "Alternative residential facility" does not include a	403
community-based correctional facility, jail, halfway house, or	404
prison.	405

(B) "Bad time" means the time by which the parole board	406
administratively extends an offender's stated prison term or terms	407
pursuant to section 2967.11 of the Revised Code because the parole	408
board finds by clear and convincing evidence that the offender,	409
while serving the prison term or terms, committed an act that is a	410
criminal offense under the law of this state or the United States,	411
whether or not the offender is prosecuted for the commission of	412
that act.	413

(C) "Basic probation supervision" means a requirement that	414
the offender maintain contact with a person appointed to supervise	415
the offender in accordance with sanctions imposed by the court or	416
imposed by the parole board pursuant to section 2967.28 of the	417
Revised Code. "Basic probation supervision" includes basic parole	418
supervision and basic post-release control supervision.	419

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	420
"unit dose" have the same meanings as in section 2925.01 of the	421
Revised Code.	422

(E) "Community-based correctional facility" means a	423
community-based correctional facility and program or district	424
community-based correctional facility and program developed	425
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	426

(F) "Community control sanction" means a sanction that is	427
not a prison term and that is described in section 2929.15,	428
2929.16, 2929.17, or 2929.18 of the Revised Code.	429

(G) "Controlled substance," "marihuana," "schedule I," and	430
"schedule II" have the same meanings as in section 3719.01 of the	431
Revised Code.	432

(H) "Curfew" means a requirement that an offender during a	433
specified period of time be at a designated place.	434

(I) "Day reporting" means a sanction pursuant to which an	435
offender is required each day to report to and leave a center or	436
other approved reporting location at specified times in order to	437
participate in work, education or training, treatment, and other	438
approved programs at the center or outside the center.	439

(J) "Deadly weapon" has the same meaning as in section	440
2923.11 of the Revised Code.	441

(K) "Drug and alcohol use monitoring" means a program under	442
which an offender agrees to submit to random chemical analysis of	443
the offender's blood, breath, or urine to determine whether the	444
offender has ingested any alcohol or other drugs.	445

(L) "Drug treatment program" means any program under which a	446
person undergoes assessment and treatment designed to reduce or	447
completely eliminate the person's physical or emotional reliance	448
upon alcohol, another drug, or alcohol and another drug and under	449
which the person may be required to receive assessment and	450
treatment on an outpatient basis or may be required to reside at a	451
facility other than the person's home or residence while	452
undergoing assessment and treatment.	453

(M) "Economic loss" means any economic detriment suffered by	454
a victim as a result of the commission of a felony and includes	455
any loss of income due to lost time at work because of any injury	456
caused to the victim, and any property loss, medical cost, or	457
funeral expense incurred as a result of the commission of the	458
felony.	459

(N) "Education or training" includes study at, or in	460
conjunction with a program offered by, a university, college, or	461
technical college or vocational study and also includes the	462
completion of primary school, secondary school, and literacy	463
curricula or their equivalent.	464

(O) "Electronically monitored house arrest" has the same	465
meaning as in section 2929.23 of the Revised Code.	466

(P) "Eligible offender" has the same meaning as in section	467
2929.23 of the Revised Code except as otherwise specified in	468
section 2929.20 of the Revised Code.	469

(Q) "Firearm" has the same meaning as in section 2923.11 of	470
the Revised Code.	471

(R) "Halfway house" means a facility licensed by the	472
division of parole and community services of the department of	473
rehabilitation and correction pursuant to section 2967.14 of the	474
Revised Code as a suitable facility for the care and treatment of	475
adult offenders.	476

(S) "House arrest" means a period of confinement of an	477
eligible offender that is in the eligible offender's home or in	478
other premises specified by the sentencing court or by the parole	479
board pursuant to section 2967.28 of the Revised Code, that may be	480
electronically monitored house arrest, and during which all of the	481
following apply:	482

(1) The eligible offender is required to remain in the	483
eligible offender's home or other specified premises for the	484
specified period of confinement, except for periods of time during	485
which the eligible offender is at the eligible offender's place of	486
employment or at other premises as authorized by the sentencing	487
court or by the parole board.	488

(2) The eligible offender is required to report periodically	489
to a person designated by the court or parole board.	490

(3) The eligible offender is subject to any other	491
restrictions and requirements that may be imposed by the	492
sentencing court or by the parole board.	493

(T) "Intensive probation supervision" means a requirement	494
that an offender maintain frequent contact with a person appointed	495
by the court, or by the parole board pursuant to section 2967.28	496
of the Revised Code, to supervise the offender while the offender	497
is seeking or maintaining necessary employment and participating	498
in training, education, and treatment programs as required in the	499
court's or parole board's order. "Intensive probation	500
supervision" includes intensive parole supervision and intensive	501
post-release control supervision.	502

(U) "Jail" means a jail, workhouse, minimum security jail,	503
or other residential facility used for the confinement of alleged	504
or convicted offenders that is operated by a political subdivision	505
or a combination of political subdivisions of this state.	506

(V) "Delinquent child" has the same meaning as in section	507
2152.02 of the Revised Code.	508

(W) "License violation report" means a report that is made	509
by a sentencing court, or by the parole board pursuant to section	510
2967.28 of the Revised Code, to the regulatory or licensing board	511
or agency that issued an offender a professional license or a	512
license or permit to do business in this state and that specifies	513
that the offender has been convicted of or pleaded guilty to an	514
offense that may violate the conditions under which the offender's	515
professional license or license or permit to do business in this	516
state was granted or an offense for which the offender's	517
professional license or license or permit to do business in this	518
state may be revoked or suspended.	519

(X) "Major drug offender" means an offender who is convicted	520
of or pleads guilty to the possession of, sale of, or offer to	521
sell any drug, compound, mixture, preparation, or substance that	522
consists of or contains at least one thousand grams of hashish; at	523
least one hundred grams of crack cocaine; at least one thousand	524
grams of cocaine that is not crack cocaine; at least two thousand	525
five hundred unit doses or two hundred fifty grams of heroin; at	526
least five thousand unit doses of L.S.D. or five hundred grams of	527
L.S.D. in a liquid concentrate, liquid extract, or liquid	528
distillate form; or at least one hundred times the amount of any	529
other schedule I or II controlled substance other than marihuana	530
that is necessary to commit a felony of the third degree pursuant	531
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	532
Code that is based on the possession of, sale of, or offer to sell	533
the controlled substance.	534

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

535

(1) Subject to division (Y)(2) of this section, the term in	536
prison that must be imposed for the offenses or circumstances set	537
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	538
division (D) of section 2929.14 of the Revised Code. Except as	539
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	540
2925.11 of the Revised Code, unless the maximum or another	541
specific term is required under section 2929.14 of the Revised	542
Code, a mandatory prison term described in this division may be	543
any prison term authorized for the level of offense.	544

(2) The term of sixty or one hundred twenty days in prison	545
that a sentencing court is required to impose for a third or	546
fourth degree felony OMVI offense pursuant to division (G)(2) of	547
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	548
the Revised Code.	549

(3) The term in prison imposed pursuant to section 2971.03	550
of the Revised Code for the offenses and in the circumstances	551
described in division (F)(11) of section 2929.13 of the Revised	552
Code and that term as modified or terminated pursuant to section	553
2971.05 of the Revised Code.	554

(Z) "Monitored time" means a period of time during which an	555
offender continues to be under the control of the sentencing court	556
or parole board, subject to no conditions other than leading a	557
law-abiding life.	558

(AA) "Offender" means a person who, in this state, is	559
convicted of or pleads guilty to a felony or a misdemeanor.	560

(BB) "Prison" means a residential facility used for the	561
confinement of convicted felony offenders that is under the	562
control of the department of rehabilitation and correction but	563
does not include a violation sanction center operated under	564
authority of section 2967.141 of the Revised Code.	565

(CC) "Prison term" includes any of the following sanctions	566
for an offender:	567

(1) A stated prison term;

568

(2) A term in a prison shortened by, or with the approval	569
of, the sentencing court pursuant to section 2929.20, 2967.26,	570
5120.031, 5120.032, or 5120.073 of the Revised Code;	571

(3) A term in prison extended by bad time imposed pursuant	572
to section 2967.11 of the Revised Code or imposed for a violation	573
of post-release control pursuant to section 2967.28 of the Revised	574
Code.	575

(DD) "Repeat violent offender" means a person about whom	576
both of the following apply:	577

(1) The person has been convicted of or has pleaded guilty	578
to, and is being sentenced for committing, for complicity in	579
committing, or for an attempt to commit, aggravated murder,	580
murder, involuntary manslaughter, a felony of the first degree	581
other than one set forth in Chapter 2925. of the Revised Code, a	582
felony of the first degree set forth in Chapter 2925. of the	583
Revised Code that involved an attempt to cause serious physical	584
harm to a person or that resulted in serious physical harm to a	585
person, or a felony of the second degree that involved an attempt	586
to cause serious physical harm to a person or that resulted in	587
serious physical harm to a person.	588

(2) Either of the following applies:

589

(a) The person previously was convicted of or pleaded guilty	590
to, and previously served or, at the time of the offense was	591
serving, a prison term for, any of the following:	592

(i) Aggravated murder, murder, involuntary manslaughter,	593
rape, felonious sexual penetration as it existed under section	594
2907.12 of the Revised Code prior to September 3, 1996, a felony	595
of the first or second degree that resulted in the death of a	596
person or in physical harm to a person, or complicity in or an	597
attempt to commit any of those offenses;	598

(ii) An offense under an existing or former law of this	599
state, another state, or the United States that is or was	600
substantially equivalent to an offense listed under division	601
(DD)(2)(a)(i) of this section and that resulted in the death of a	602
person or in physical harm to a person.	603

(b) The person previously was adjudicated a delinquent child	604
for committing an act that if committed by an adult would have	605
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	606
section, the person was committed to the department of youth	607
services for that delinquent act.	608

(EE) "Sanction" means any penalty imposed upon an offender	609
who is convicted of or pleads guilty to an offense, as punishment	610
for the offense. "Sanction" includes any sanction imposed	611
pursuant to any provision of sections 2929.14 to 2929.18 of the	612
Revised Code.	613

(FF) "Sentence" means the sanction or combination of	614
sanctions imposed by the sentencing court on an offender who is	615
convicted of or pleads guilty to a felony.	616

(GG) "Stated prison term" means the prison term, mandatory	617
prison term, or combination of all prison terms and mandatory	618
prison terms imposed by the sentencing court pursuant to section	619
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	620
includes any credit received by the offender for time spent in	621
jail awaiting trial, sentencing, or transfer to prison for the	622
offense and any time spent under house arrest or electronically	623
monitored house arrest imposed after earning credits pursuant to	624
section 2967.193 of the Revised Code.	625

(HH) "Victim-offender mediation" means a reconciliation or	626
mediation program that involves an offender and the victim of the	627
offense committed by the offender and that includes a meeting in	628
which the offender and the victim may discuss the offense, discuss	629
restitution, and consider other sanctions for the offense.	630

(II) "Fourth degree felony OMVI offense" means a violation	631
of division (A) of section 4511.19 of the Revised Code that, under	632
section 4511.99 of the Revised Code, is a felony of the fourth	633
degree.	634

(JJ) "Mandatory term of local incarceration" means the term	635
of sixty or one hundred twenty days in a jail, a community-based	636
correctional facility, a halfway house, or an alternative	637
residential facility that a sentencing court may impose upon a	638
person who is convicted of or pleads guilty to a fourth degree	639
felony OMVI offense pursuant to division (G)(1) of section 2929.13	640
of the Revised Code and division (A)(4) or (8) of section 4511.99	641
of the Revised Code.	642

(KK) "Designated homicide, assault, or kidnapping offense,"	643
"sexual motivation specification," "sexually violent offense,"	644
"sexually violent predator," and "sexually violent predator	645
specification" have the same meanings as in section 2971.01 of the	646
Revised Code.	647

(LL) "Habitual sex offender," "sexually oriented offense,"	648
and "sexual predator" have the same meanings as in section 2950.01	649
of the Revised Code.	650

(MM) An offense is "committed in the vicinity of a child" if	651
the offender commits the offense within thirty feet of or within	652
the same residential unit as a child who is under eighteen years	653
of age, regardless of whether the offender knows the age of the	654
child or whether the offender knows the offense is being committed	655
within thirty feet of or within the same residential unit as the	656
child and regardless of whether the child actually views the	657
commission of the offense.	658

(NN) "Family or household member" has the same meaning as in	659
section 2919.25 of the Revised Code.	660

(OO) "Motor vehicle" and "manufactured home" have the same	661
meanings as in section 4501.01 of the Revised Code.	662

(PP) "Detention" and "detention facility" have the same	663
meanings as in section 2921.01 of the Revised Code.	664

(QQ) "Third degree felony OMVI offense" means a violation of	665
division (A) of section 4511.19 of the Revised Code that, under	666
section 4511.99 of the Revised Code, is a felony of the third	667
degree.	668

(RR) "Random drug testing" has the same meaning as in	669
section 5120.63 of the Revised Code.	670

(SS) "Felony sex offense" has the same meaning as in section	671
2957.28 of the Revised Code.	672

(RR)(TT) "Body armor" has the same meaning as in section	673
2941.1411 of the Revised Code.	674

Sec. 2929.12.  (A) Unless otherwise required by section	675
2929.13 or 2929.14 of the Revised Code, a court that imposes a	676
sentence under this chapter upon an offender for a felony has	677
discretion to determine the most effective way to comply with the	678
purposes and principles of sentencing set forth in section 2929.11	679
of the Revised Code. In exercising that discretion, the court	680
shall consider the factors set forth in divisions (B) and (C) of	681
this section relating to the seriousness of the conduct and the	682
factors provided in divisions (D) and (E) of this section relating	683
to the likelihood of the offender's recidivism and, in addition,	684
may consider any other factors that are relevant to achieving	685
those purposes and principles of sentencing.	686

(B) The sentencing court shall consider all of the following	687
that apply regarding the offender, the offense, or the victim, and	688
any other relevant factors, as indicating that the offender's	689
conduct is more serious than conduct normally constituting the	690
offense:	691

(1) The physical or mental injury suffered by the victim of	692
the offense due to the conduct of the offender was exacerbated	693
because of the physical or mental condition or age of the victim.	694

(2) The victim of the offense suffered serious physical,	695
psychological, or economic harm as a result of the offense.	696

(3) The offender held a public office or position of trust	697
in the community, and the offense related to that office or	698
position.	699

(4) The offender's occupation, elected office, or profession	700
obliged the offender to prevent the offense or bring others	701
committing it to justice.	702

(5) The offender's professional reputation or occupation,	703
elected office, or profession was used to facilitate the offense	704
or is likely to influence the future conduct of others.	705

(6) The offender's relationship with the victim facilitated	706
the offense.	707

(7) The offender committed the offense for hire or as a part	708
of an organized criminal activity.	709

(8) In committing the offense, the offender was motivated by	710
prejudice based on race, ethnic background, gender, sexual	711
orientation, or religion.	712

(9) If the offense is a violation of section 2919.25 or a	713
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	714
Code involving a person who was a family or household member at	715
the time of the violation, the offender committed the offense in	716
the vicinity of one or more children who are not victims of the	717
offense, and the offender or the victim of the offense is a	718
parent, guardian, custodian, or person in loco parentis of one or	719
more of those children.	720

(C) The sentencing court shall consider all of the following	721
that apply regarding the offender, the offense, or the victim, and	722
any other relevant factors, as indicating that the offender's	723
conduct is less serious than conduct normally constituting the	724
offense:	725

(1) The victim induced or facilitated the offense.

726

(2) In committing the offense, the offender acted under	727
strong provocation.	728

(3) In committing the offense, the offender did not cause or	729
expect to cause physical harm to any person or property.	730

(4) There are substantial grounds to mitigate the offender's	731
conduct, although the grounds are not enough to constitute a	732
defense.	733

(D) The sentencing court shall consider all of the following	734
that apply regarding the offender, and any other relevant factors,	735
as factors indicating that the offender is likely to commit future	736
crimes:	737

(1) At the time of committing the offense, the offender was	738
under release from confinement before trial or sentencing, under a	739
sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18	740
of the Revised Code, or under post-release control pursuant to	741
section 2967.28 or any other provision of the Revised Code for an	742
earlier offense or had been unfavorably terminated from	743
post-release control for a prior offense pursuant to division (B)	744
of section 2967.16 or section 2929.141 of the Revised Code.	745

(2) The offender previously was adjudicated a delinquent	746
child pursuant to Chapter 2151. of the Revised Code prior to the	747
effective date of this amendmentJanuary 1, 2002, or pursuant to	748
Chapter 2152. of the Revised Code, or the offender has a history	749
of criminal convictions.	750

(3) The offender has not been rehabilitated to a	751
satisfactory degree after previously being adjudicated a	752
delinquent child pursuant to Chapter 2151. of the Revised Code	753
prior to the effective date of this amendmentJanuary 1, 2002, or	754
pursuant to Chapter 2152. of the Revised Code, or the offender has	755
not resondedresponded favorably to sanctions previously imposed	756
for criminal convictions.	757

(4) The offender has demonstrated a pattern of drug or	758
alcohol abuse that is related to the offense, and the offender	759
refuses to acknowledge that the offender has demonstrated that	760
pattern, or the offender refuses treatment for the drug or alcohol	761
abuse.	762

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

763

(E) The sentencing court shall consider all of the following	764
that apply regarding the offender, and any other relevant factors,	765
as factors indicating that the offender is not likely to commit	766
future crimes:	767

(1) Prior to committing the offense, the offender had not	768
been adjudicated a delinquent child.	769

(2) Prior to committing the offense, the offender had not	770
been convicted of or pleaded guilty to a criminal offense.	771

(3) Prior to committing the offense, the offender had led a	772
law-abiding life for a significant number of years.	773

(4) The offense was committed under circumstances not	774
likely to recur.	775

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

776

Sec. 2929.13.  (A) Except as provided in division (E), (F),	777
or (G) of this section and unless a specific sanction is required	778
to be imposed or is precluded from being imposed pursuant to law,	779
a court that imposes a sentence upon an offender for a felony may	780
impose any sanction or combination of sanctions on the offender	781
that are provided in sections 2929.14 to 2929.18 of the Revised	782
Code. The sentence shall not impose an unnecessary burden on	783
state or local government resources.	784

If the offender is eligible to be sentenced to community	785
control sanctions, the court shall consider the appropriateness of	786
imposing a financial sanction pursuant to section 2929.18 of the	787
Revised Code or a sanction of community service pursuant to	788
section 2929.17 of the Revised Code as the sole sanction for the	789
offense. Except as otherwise provided in this division, if the	790
court is required to impose a mandatory prison term for the	791
offense for which sentence is being imposed, the court also may	792
impose a financial sanction pursuant to section 2929.18 of the	793
Revised Code but may not impose any additional sanction or	794
combination of sanctions under section 2929.16 or 2929.17 of the	795
Revised Code.	796

If the offender is being sentenced for a fourth degree felony	797
OMVI offense or for a third degree felony OMVI offense, in	798
addition to the mandatory term of local incarceration or the	799
mandatory prison term required for the offense by division (G)(1)	800
or (2) of this section, the court shall impose upon the offender a	801
mandatory fine in accordance with division (B)(3) of section	802
2929.18 of the Revised Code and may impose whichever of the	803
following is applicable:	804

(1) For a fourth degree felony OMVI offense for which	805
sentence is imposed under division (G)(1) of this section, an	806
additional community control sanction or combination of community	807
control sanctions under section 2929.16 or 2929.17 of the Revised	808
Code;	809

(2) For a third or fourth degree felony OMVI offense for	810
which sentence is imposed under division (G)(2) of this section,	811
an additional prison term as described in division (D)(4) of	812
section 2929.14 of the Revised Code.	813

(B)(1) Except as provided in division (B)(2), (E), (F), or	814
(G) of this section, in sentencing an offender for a felony of the	815
fourth or fifth degree, the sentencing court shall determine	816
whether any of the following apply:	817

(a) In committing the offense, the offender caused physical	818
harm to a person.	819

(b) In committing the offense, the offender attempted to	820
cause or made an actual threat of physical harm to a person with a	821
deadly weapon.	822

(c) In committing the offense, the offender attempted to	823
cause or made an actual threat of physical harm to a person, and	824
the offender previously was convicted of an offense that caused	825
physical harm to a person.	826

(d) The offender held a public office or position of trust	827
and the offense related to that office or position; the offender's	828
position obliged the offender to prevent the offense or to bring	829
those committing it to justice; or the offender's professional	830
reputation or position facilitated the offense or was likely to	831
influence the future conduct of others.	832

(e) The offender committed the offense for hire or as part	833
of an organized criminal activity.	834

(f) The offense is a sex offense that is a fourth or fifth	835
degree felony violation of section 2907.03, 2907.04, 2907.05,	836
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	837
Revised Code.	838

(g) The offender at the time of the offense was serving, or	839
the offender previously had served, a prison term.	840

(h) The offender committed the offense while under a	841
community control sanction, while on probation, or while released	842
from custody on a bond or personal recognizance.	843

(i) The offender committed the offense while in possession	844
of a firearm.	845

(2)(a) If the court makes a finding described in division	846
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	847
section and if the court, after considering the factors set forth	848
in section 2929.12 of the Revised Code, finds that a prison term	849
is consistent with the purposes and principles of sentencing set	850
forth in section 2929.11 of the Revised Code and finds that the	851
offender is not amenable to an available community control	852
sanction, the court shall impose a prison term upon the offender.	853

(b) Except as provided in division (E), (F), or (G) of this	854
section, if the court does not make a finding described in	855
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	856
this section and if the court, after considering the factors set	857
forth in section 2929.12 of the Revised Code, finds that a	858
community control sanction or combination of community control	859
sanctions is consistent with the purposes and principles of	860
sentencing set forth in section 2929.11 of the Revised Code, the	861
court shall impose a community control sanction or combination of	862
community control sanctions upon the offender.	863

(C) Except as provided in division (E), (F), or (G) of this	864
section, in determining whether to impose a prison term as a	865
sanction for a felony of the third degree or a felony drug offense	866
that is a violation of a provision of Chapter 2925. of the Revised	867
Code and that is specified as being subject to this division for	868
purposes of sentencing, the sentencing court shall comply with the	869
purposes and principles of sentencing under section 2929.11 of the	870
Revised Code and with section 2929.12 of the Revised Code.	871

(D) Except as provided in division (E) or (F) of this	872
section, for a felony of the first or second degree and for a	873
felony drug offense that is a violation of any provision of	874
Chapter 2925., 3719., or 4729. of the Revised Code for which a	875
presumption in favor of a prison term is specified as being	876
applicable, it is presumed that a prison term is necessary in	877
order to comply with the purposes and principles of sentencing	878
under section 2929.11 of the Revised Code. Notwithstanding the	879
presumption established under this division, the sentencing court	880
may impose a community control sanction or a combination of	881
community control sanctions instead of a prison term on an	882
offender for a felony of the first or second degree or for a	883
felony drug offense that is a violation of any provision of	884
Chapter 2925., 3719., or 4729. of the Revised Code for which a	885
presumption in favor of a prison term is specified as being	886
applicable if it makes both of the following findings:	887

(1) A community control sanction or a combination of	888
community control sanctions would adequately punish the offender	889
and protect the public from future crime, because the applicable	890
factors under section 2929.12 of the Revised Code indicating a	891
lesser likelihood of recidivism outweigh the applicable factors	892
under that section indicating a greater likelihood of recidivism.	893

(2) A community control sanction or a combination of	894
community control sanctions would not demean the seriousness of	895
the offense, because one or more factors under section 2929.12 of	896
the Revised Code that indicate that the offender's conduct was	897
less serious than conduct normally constituting the offense are	898
applicable, and they outweigh the applicable factors under that	899
section that indicate that the offender's conduct was more serious	900
than conduct normally constituting the offense.	901

(E)(1) Except as provided in division (F) of this section,	902
for any drug offense that is a violation of any provision of	903
Chapter 2925. of the Revised Code and that is a felony of the	904
third, fourth, or fifth degree, the applicability of a presumption	905
under division (D) of this section in favor of a prison term or of	906
division (B) or (C) of this section in determining whether to	907
impose a prison term for the offense shall be determined as	908
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	909
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	910
Revised Code, whichever is applicable regarding the violation.	911

(2) If an offender who was convicted of or pleaded guilty to	912
a felony violates the conditions of a community control sanction	913
imposed for the offense solely by reason of producing positive	914
results on a drug test, the court, as punishment for the violation	915
of the sanction, shall not order that the offender be imprisoned	916
unless the court determines on the record either of the following:	917

(a) The offender had been ordered as a sanction for the	918
felony to participate in a drug treatment program, in a drug	919
education program, or in narcotics anonymous or a similar program,	920
and the offender continued to use illegal drugs after a reasonable	921
period of participation in the program.	922

(b) The imprisonment of the offender for the violation is	923
consistent with the purposes and principles of sentencing set	924
forth in section 2929.11 of the Revised Code.	925

(F) Notwithstanding divisions (A) to (E) of this section,	926
the court shall impose a prison term or terms under sections	927
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the	928
Revised Code and except as specifically provided in section	929
2929.20 or 2967.191 of the Revised Code or when parole is	930
authorized for the offense under section 2967.13 of the Revised	931
Code shall not reduce the terms pursuant to section 2929.20,	932
section 2967.193, or any other provision of Chapter 2967. or	933
Chapter 5120. of the Revised Code for any of the following	934
offenses:	935

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

936

(2) Any rape, regardless of whether force was involved and	937
regardless of the age of the victim, or an attempt to commit rape	938
by force when the victim is under thirteen years of age;	939

(3) Gross sexual imposition or sexual battery, if the victim	940
is under thirteen years of age, if the offender previously was	941
convicted of or pleaded guilty to rape, the former offense of	942
felonious sexual penetration, gross sexual imposition, or sexual	943
battery, and if the victim of the previous offense was under	944
thirteen years of age;	945

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	946
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	947
requires the imposition of a prison term;	948

(5) A first, second, or third degree felony drug offense for	949
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	950
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	951
4729.99 of the Revised Code, whichever is applicable regarding the	952
violation, requires the imposition of a mandatory prison term;	953

(6) Any offense that is a first or second degree felony and	954
that is not set forth in division (F)(1), (2), (3), or (4) of this	955
section, if the offender previously was convicted of or pleaded	956
guilty to aggravated murder, murder, any first or second degree	957
felony, or an offense under an existing or former law of this	958
state, another state, or the United States that is or was	959
substantially equivalent to one of those offenses;	960

(7) Any offense that is a third degree felony and that is	961
listed in division (DD)(1) of section 2929.01 of the Revised Code	962
if the offender previously was convicted of or pleaded guilty to	963
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	964
section 2929.01 of the Revised Code;	965

(8) Any offense, other than a violation of section 2923.12	966
of the Revised Code, that is a felony, if the offender had a	967
firearm on or about the offender's person or under the offender's	968
control while committing the felony, with respect to a portion of	969
the sentence imposed pursuant to division (D)(1)(a) of section	970
2929.14 of the Revised Code for having the firearm;	971

(9) Any offense of violence that is a felony, if the	972
offender wore or carried body armor while committing the felony	973
offense of violence, with respect to the portion of the sentence	974
imposed pursuant to division (D)(1)(d) of section 2929.14 of the	975
Revised Code for wearing or carrying the body armor;	976

(10) Corrupt activity in violation of section 2923.32 of the	977
Revised Code when the most serious offense in the pattern of	978
corrupt activity that is the basis of the offense is a felony of	979
the first degree;	980

(11) Any sexually violent offense for which the offender	981
also is convicted of or pleads guilty to a sexually violent	982
predator specification that was included in the indictment, count	983
in the indictment, or information charging the sexually violent	984
offense;	985

(12) A violation of division (A)(1) or (2) of section	986
2921.36 of the Revised Code, or a violation of division (C) of	987
that section involving an item listed in division (A)(1) or (2) of	988
that section, if the offender is an officer or employee of the	989
department of rehabilitation and correction.	990

(G) Notwithstanding divisions (A) to (E) of this section, if	991
an offender is being sentenced for a fourth degree felony OMVI	992
offense or for a third degree felony OMVI offense, the court shall	993
impose upon the offender a mandatory term of local incarceration	994
or a mandatory prison term in accordance with the following:	995

(1) If the offender is being sentenced for a fourth degree	996
felony OMVI offense, the court may impose upon the offender a	997
mandatory term of local incarceration of sixty days as specified	998
in division (A)(4) of section 4511.99 of the Revised Code or a	999
mandatory term of local incarceration of one hundred twenty days	1000
as specified in division (A)(8) of that section. The court shall	1001
not reduce the term pursuant to section 2929.20, 2967.193, or any	1002
other provision of the Revised Code. The court that imposes a	1003
mandatory term of local incarceration under this division shall	1004
specify whether the term is to be served in a jail, a	1005
community-based correctional facility, a halfway house, or an	1006
alternative residential facility, and the offender shall serve the	1007
term in the type of facility specified by the court. A mandatory	1008
term of local incarceration imposed under division (G)(1) of this	1009
section is not subject to extension under section 2967.11 of the	1010
Revised Code, to a period of post-release control under section	1011
2967.28 of the Revised Code, or to any other Revised Code	1012
provision that pertains to a prison term.	1013

(2) If the offender is being sentenced for a third degree	1014
felony OMVI offense, or if the offender is being sentenced for a	1015
fourth degree felony OMVI offense and the court does not impose a	1016
mandatory term of local incarceration under division (G)(1) of	1017
this section, the court shall impose upon the offender a mandatory	1018
prison term of sixty days as specified in division (A)(4) of	1019
section 4511.99 of the Revised Code or a mandatory prison term of	1020
one hundred twenty days as specified in division (A)(8) of that	1021
section. The court shall not reduce the term pursuant to section	1022
2929.20, 2967.193, or any other provision of the Revised Code. In	1023
no case shall an offender who once has been sentenced to a	1024
mandatory term of local incarceration pursuant to division (G)(1)	1025
of this section for a fourth degree felony OMVI offense be	1026
sentenced to another mandatory term of local incarceration under	1027
that division for any violation of division (A) of section 4511.19	1028
of the Revised Code. The court shall not sentence the offender to	1029
a community control sanction under section 2929.16 or 2929.17 of	1030
the Revised Code. The department of rehabilitation and correction	1031
may place an offender sentenced to a mandatory prison term under	1032
this division in an intensive program prison established pursuant	1033
to section 5120.033 of the Revised Code if the department gave the	1034
sentencing judge prior notice of its intent to place the offender	1035
in an intensive program prison established under that section and	1036
if the judge did not notify the department that the judge	1037
disapproved the placement. Upon the establishment of the initial	1038
intensive program prison pursuant to section 5120.033 of the	1039
Revised Code that is privately operated and managed by a	1040
contractor pursuant to a contract entered into under section 9.06	1041
of the Revised Code, both of the following apply:	1042

(a) The department of rehabilitation and correction shall	1043
make a reasonable effort to ensure that a sufficient number of	1044
offenders sentenced to a mandatory prison term under this division	1045
are placed in the privately operated and managed prison so that	1046
the privately operated and managed prison has full occupancy.	1047

(b) Unless the privately operated and managed prison has	1048
full occupancy, the department of rehabilitation and correction	1049
shall not place any offender sentenced to a mandatory prison term	1050
under this division in any intensive program prison established	1051
pursuant to section 5120.033 of the Revised Code other than the	1052
privately operated and managed prison.	1053

(H) If an offender is being sentenced for a sexually	1054
oriented offense committed on or after January 1, 1997, the judge	1055
shall require the offender to submit to a DNA specimen collection	1056
procedure pursuant to section 2901.07 of the Revised Code if	1057
either of the following applies:	1058

(1) The offense was a sexually violent offense, and the	1059
offender also was convicted of or pleaded guilty to a sexually	1060
violent predator specification that was included in the	1061
indictment, count in the indictment, or information charging the	1062
sexually violent offense.	1063

(2) The judge imposing sentence for the sexually oriented	1064
offense determines pursuant to division (B) of section 2950.09 of	1065
the Revised Code that the offender is a sexual predator.	1066

(I) If an offender is being sentenced for a sexually	1067
oriented offense committed on or after January 1, 1997, the judge	1068
shall include in the sentence a summary of the offender's duty to	1069
register pursuant to section 2950.04 of the Revised Code, the	1070
offender's duty to provide notice of a change in residence address	1071
and register the new residence address pursuant to section 2950.05	1072
of the Revised Code, the offender's duty to periodically verify	1073
the offender's current residence address pursuant to section	1074
2950.06 of the Revised Code, and the duration of the duties. The	1075
judge shall inform the offender, at the time of sentencing, of	1076
those duties and of their duration and, if required under division	1077
(A)(2) of section 2950.03 of the Revised Code, shall perform the	1078
duties specified in that section.	1079

(J)(1) Except as provided in division (J)(2) of this	1080
section, when considering sentencing factors under this section in	1081
relation to an offender who is convicted of or pleads guilty to an	1082
attempt to commit an offense in violation of section 2923.02 of	1083
the Revised Code, the sentencing court shall consider the factors	1084
applicable to the felony category of the violation of section	1085
2923.02 of the Revised Code instead of the factors applicable to	1086
the felony category of the offense attempted.	1087

(2) When considering sentencing factors under this section	1088
in relation to an offender who is convicted of or pleads guilty to	1089
an attempt to commit a drug abuse offense for which the penalty is	1090
determined by the amount or number of unit doses of the controlled	1091
substance involved in the drug abuse offense, the sentencing court	1092
shall consider the factors applicable to the felony category that	1093
the drug abuse offense attempted would be if that drug abuse	1094
offense had been committed and had involved an amount or number of	1095
unit doses of the controlled substance that is within the next	1096
lower range of controlled substance amounts than was involved in	1097
the attempt.	1098

(K) As used in this section, "drug abuse offense" has the	1099
same meaning as in section 2925.01 of the Revised Code.	1100

Sec. 2929.14.  (A) Except as provided in division (C),	1101
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	1102
in relation to an offense for which a sentence of death or life	1103
imprisonment is to be imposed, if the court imposing a sentence	1104
upon an offender for a felony elects or is required to impose a	1105
prison term on the offender pursuant to this chapter and is not	1106
prohibited by division (G)(1) of section 2929.13 of the Revised	1107
Code from imposing a prison term on the offender, the court shall	1108
impose a definite prison term that shall be one of the following:	1109

(1) For a felony of the first degree, the prison term shall	1110
be three, four, five, six, seven, eight, nine, or ten years.	1111

(2) For a felony of the second degree, the prison term shall	1112
be two, three, four, five, six, seven, or eight years.	1113

(3) For a felony of the third degree, the prison term shall	1114
be one, two, three, four, or five years.	1115

(4) For a felony of the fourth degree, the prison term shall	1116
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1117
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1118

(5) For a felony of the fifth degree, the prison term shall	1119
be six, seven, eight, nine, ten, eleven, or twelve months.	1120

(B) Except as provided in division (C), (D)(1), (D)(2),	1121
(D)(3), or (G) of this section, in section 2907.02 of the Revised	1122
Code, or in Chapter 2925. of the Revised Code, if the court	1123
imposing a sentence upon an offender for a felony elects or is	1124
required to impose a prison term on the offender and if the	1125
offender previously has not served a prison term, the court shall	1126
impose the shortest prison term authorized for the offense	1127
pursuant to division (A) of this section, unless theone or more	1128
of the following applies:	1129

(1) The offender was serving a prison term at the time of	1130
the offense, or the offender previously had served a prison term.	1131

(2) The court finds on the record that the shortest prison	1132
term will demean the seriousness of the offender's conduct or will	1133
not adequately protect the public from future crime by the	1134
offender or others.	1135

(C) Except as provided in division (G) of this section or in	1136
Chapter 2925. of the Revised Code, the court imposing a sentence	1137
upon an offender for a felony may impose the longest prison term	1138
authorized for the offense pursuant to division (A) of this	1139
section only upon offenders who committed the worst forms of the	1140
offense, upon offenders who pose the greatest likelihood of	1141
committing future crimes, upon certain major drug offenders under	1142
division (D)(3) of this section, and upon certain repeat violent	1143
offenders in accordance with division (D)(2) of this section.	1144

(D)(1)(a) Except as provided in division (D)(1)(e) of this	1145
section, if an offender who is convicted of or pleads guilty to a	1146
felony also is convicted of or pleads guilty to a specification of	1147
the type described in section 2941.141, 2941.144, or 2941.145 of	1148
the Revised Code, the court shall impose on the offender one of	1149
the following prison terms:	1150

(i) A prison term of six years if the specification is of	1151
the type described in section 2941.144 of the Revised Code that	1152
charges the offender with having a firearm that is an automatic	1153
firearm or that was equipped with a firearm muffler or silencer on	1154
or about the offender's person or under the offender's control	1155
while committing the felony;	1156

(ii) A prison term of three years if the specification is of	1157
the type described in section 2941.145 of the Revised Code that	1158
charges the offender with having a firearm on or about the	1159
offender's person or under the offender's control while committing	1160
the offense and displaying the firearm, brandishing the firearm,	1161
indicating that the offender possessed the firearm, or using it to	1162
facilitate the offense;	1163

(iii) A prison term of one year if the specification is of	1164
the type described in section 2941.141 of the Revised Code that	1165
charges the offender with having a firearm on or about the	1166
offender's person or under the offender's control while committing	1167
the felony.	1168

(b) If a court imposes a prison term on an offender under	1169
division (D)(1)(a) of this section, the prison term shall not be	1170
reduced pursuant to section 2929.20, section 2967.193, or any	1171
other provision of Chapter 2967. or Chapter 5120. of the Revised	1172
Code. A court shall not impose more than one prison term on an	1173
offender under division (D)(1)(a) of this section for felonies	1174
committed as part of the same act or transaction.	1175

(c) Except as provided in division (D)(1)(e) of this	1176
section, if an offender who is convicted of or pleads guilty to a	1177
violation of section 2923.161 of the Revised Code or to a felony	1178
that includes, as an essential element, purposely or knowingly	1179
causing or attempting to cause the death of or physical harm to	1180
another, also is convicted of or pleads guilty to a specification	1181
of the type described in section 2941.146 of the Revised Code that	1182
charges the offender with committing the offense by discharging a	1183
firearm from a motor vehicle other than a manufactured home, the	1184
court, after imposing a prison term on the offender for the	1185
violation of section 2923.161 of the Revised Code or for the other	1186
felony offense under division (A), (D)(2), or (D)(3) of this	1187
section, shall impose an additional prison term of five years upon	1188
the offender that shall not be reduced pursuant to section	1189
2929.20, section 2967.193, or any other provision of Chapter 2967.	1190
or Chapter 5120. of the Revised Code. A court shall not impose	1191
more than one additional prison term on an offender under division	1192
(D)(1)(c) of this section for felonies committed as part of the	1193
same act or transaction. If a court imposes an additional prison	1194
term on an offender under division (D)(1)(c) of this section	1195
relative to an offense, the court also shall impose a prison term	1196
under division (D)(1)(a) of this section relative to the same	1197
offense, provided the criteria specified in that division for	1198
imposing an additional prison term are satisfied relative to the	1199
offender and the offense.	1200

(d) If an offender who is convicted of or pleads guilty to	1201
an offense of violence that is a felony also is convicted of or	1202
pleads guilty to a specification of the type described in section	1203
2941.1411 of the Revised Code that charges the offender with	1204
wearing or carrying body armor while committing the felony offense	1205
of violence, the court shall impose on the offender a prison term	1206
of two years. The prison term so imposed shall not be reduced	1207
pursuant to section 2929.20, section 2967.193, or any other	1208
provision of chapterChapter 2967. or chapterChapter 5120. of the	1209
Revised Code. A court shall not impose more than one prison term	1210
on an offender under division (D)(1)(d) of this section for	1211
felonies committed as part of the same act or transaction. If a	1212
court imposes an additional prison term under division (D)(1)(a)	1213
or (c) of this section, the court is not precluded from imposing	1214
an additional prison term under division (D)(1)(d) of this	1215
section.	1216

(e) The court shall not impose any of the prison terms	1217
described in division (D)(1)(a) of this section or any of the	1218
additional prison terms described in division (D)(1)(c) of this	1219
section upon an offender for a violation of section 2923.12 or	1220
2923.123 of the Revised Code. The court shall not impose any of	1221
the prison terms described in division (D)(1)(a) of this section	1222
or any of the additional prison terms described in division	1223
(D)(1)(c) of this section upon an offender for a violation of	1224
section 2923.13 of the Revised Code unless all of the following	1225
apply:	1226

(i) The offender previously has been convicted of aggravated	1227
murder, murder, or any felony of the first or second degree.	1228

(ii) Less than five years have passed since the offender was	1229
released from prison or post-release control, whichever is later,	1230
for the prior offense.	1231

(2)(a) If an offender who is convicted of or pleads guilty	1232
to a felony also is convicted of or pleads guilty to a	1233
specification of the type described in section 2941.149 of the	1234
Revised Code that the offender is a repeat violent offender, the	1235
court shall impose a prison term from the range of terms	1236
authorized for the offense under division (A) of this section that	1237
may be the longest term in the range and that shall not be reduced	1238
pursuant to section 2929.20, section 2967.193, or any other	1239
provision of Chapter 2967. or Chapter 5120. of the Revised Code.	1240
If the court finds that the repeat violent offender, in committing	1241
the offense, caused any physical harm that carried a substantial	1242
risk of death to a person or that involved substantial permanent	1243
incapacity or substantial permanent disfigurement of a person, the	1244
court shall impose the longest prison term from the range of terms	1245
authorized for the offense under division (A) of this section.	1246

(b) If the court imposing a prison term on a repeat violent	1247
offender imposes the longest prison term from the range of terms	1248
authorized for the offense under division (A) of this section, the	1249
court may impose on the offender an additional definite prison	1250
term of one, two, three, four, five, six, seven, eight, nine, or	1251
ten years if the court finds that both of the following apply with	1252
respect to the prison terms imposed on the offender pursuant to	1253
division (D)(2)(a) of this section and, if applicable, divisions	1254
(D)(1) and (3) of this section:	1255

(i) The terms so imposed are inadequate to punish the	1256
offender and protect the public from future crime, because the	1257
applicable factors under section 2929.12 of the Revised Code	1258
indicating a greater likelihood of recidivism outweigh the	1259
applicable factors under that section indicating a lesser	1260
likelihood of recidivism.	1261

(ii) The terms so imposed are demeaning to the seriousness	1262
of the offense, because one or more of the factors under section	1263
2929.12 of the Revised Code indicating that the offender's conduct	1264
is more serious than conduct normally constituting the offense are	1265
present, and they outweigh the applicable factors under that	1266
section indicating that the offender's conduct is less serious	1267
than conduct normally constituting the offense.	1268

(3)(a) Except when an offender commits a violation of	1269
section 2903.01 or 2907.02 of the Revised Code and the penalty	1270
imposed for the violation is life imprisonment or commits a	1271
violation of section 2903.02 of the Revised Code, if the offender	1272
commits a violation of section 2925.03 or 2925.11 of the Revised	1273
Code and that section classifies the offender as a major drug	1274
offender and requires the imposition of a ten-year prison term on	1275
the offender, if the offender commits a felony violation of	1276
section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08,	1277
3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of	1278
section 3719.172, division (C) of section 4729.51, or division (J)	1279
of section 4729.54 of the Revised Code that includes the sale,	1280
offer to sell, or possession of a schedule I or II controlled	1281
substance, with the exception of marihuana, and the court imposing	1282
sentence upon the offender finds that the offender is guilty of a	1283
specification of the type described in section 2941.1410 of the	1284
Revised Code charging that the offender is a major drug offender,	1285
or if the court imposing sentence upon an offender for a felony	1286
finds that the offender is guilty of corrupt activity with the	1287
most serious offense in the pattern of corrupt activity being a	1288
felony of the first degree or is guilty of an attempted forcible	1289
violation of section 2907.02 of the Revised Code with the victim	1290
being under thirteen years of age and that attempted violation is	1291
the felony for which sentence is being imposed, the court shall	1292
impose upon the offender for the felony violation a ten-year	1293
prison term that cannot be reduced pursuant to section 2929.20 or	1294
Chapter 2967. or 5120. of the Revised Code.	1295

(b) The court imposing a prison term on an offender under	1296
division (D)(3)(a) of this section may impose an additional prison	1297
term of one, two, three, four, five, six, seven, eight, nine, or	1298
ten years, if the court, with respect to the term imposed under	1299
division (D)(3)(a) of this section and, if applicable, divisions	1300
(D)(1) and (2) of this section, makes both of the findings set	1301
forth in divisions (D)(2)(b)(i) and (ii) of this section.	1302

(4) If the offender is being sentenced for a third or fourth	1303
degree felony OMVI offense under division (G)(2) of section	1304
2929.13 of the Revised Code, the sentencing court shall impose	1305
upon the offender a mandatory prison term in accordance with that	1306
division. In addition to the mandatory prison term, the	1307
sentencing court may sentence the offender to an additional prison	1308
term of any duration specified in division (A)(3) of this section	1309
minus the sixty or one hundred twenty days imposed upon the	1310
offender as the mandatory prison term. The total of the	1311
additional prison term imposed under division (D)(4) of this	1312
section plus the sixty or one hundred twenty days imposed as the	1313
mandatory prison term shall equal one of the authorized prison	1314
terms specified in division (A)(3) of this section. If the court	1315
imposes an additional prison term under division (D)(4) of this	1316
section, the offender shall serve the additional prison term after	1317
the offender has served the mandatory prison term required for the	1318
offense. The court shall not sentence the offender to a community	1319
control sanction under section 2929.16 or 2929.17 of the Revised	1320
Code.	1321

(E)(1)(a) Subject to division (E)(1)(b) of this section, if	1322
a mandatory prison term is imposed upon an offender pursuant to	1323
division (D)(1)(a) of this section for having a firearm on or	1324
about the offender's person or under the offender's control while	1325
committing a felony, if a mandatory prison term is imposed upon an	1326
offender pursuant to division (D)(1)(c) of this section for	1327
committing a felony specified in that division by discharging a	1328
firearm from a motor vehicle, or if both types of mandatory prison	1329
terms are imposed, the offender shall serve any mandatory prison	1330
term imposed under either division consecutively to any other	1331
mandatory prison term imposed under either division or under	1332
division (D)(1)(d) of this section, consecutively to and prior to	1333
any prison term imposed for the underlying felony pursuant to	1334
division (A), (D)(2), or (D)(3) of this section or any other	1335
section of the Revised Code, and consecutively to any other prison	1336
term or mandatory prison term previously or subsequently imposed	1337
upon the offender.	1338

(b) If a mandatory prison term is imposed upon an offender	1339
pursuant to division (D)(1)(d) of this section for wearing or	1340
carrying body armor while committing an offense of violence that	1341
is a felony, the offender shall serve the mandatory term so	1342
imposed consecutively to any other mandatory prison term imposed	1343
under that division or under division (D)(1)(a) or (c) of this	1344
section, consecutively to and prior to any prison term imposed for	1345
the underlying felony under division (A), (D)(2), or (D)(3) of	1346
this section or any other section of the Revised Code, and	1347
consecutively to any other prison term or mandatory prison term	1348
previously or subsequently imposed upon the offender.	1349

(2) If an offender who is an inmate in a jail, prison, or	1350
other residential detention facility violates section 2917.02,	1351
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	1352
who is under detention at a detention facility commits a felony	1353
violation of section 2923.131 of the Revised Code, or if an	1354
offender who is an inmate in a jail, prison, or other residential	1355
detention facility or is under detention at a detention facility	1356
commits another felony while the offender is an escapee in	1357
violation of section 2921.34 of the Revised Code, any prison term	1358
imposed upon the offender for one of those violations shall be	1359
served by the offender consecutively to the prison term or term of	1360
imprisonment the offender was serving when the offender committed	1361
that offense and to any other prison term previously or	1362
subsequently imposed upon the offender.	1363

(3) If a prison term is imposed for a violation of division	1364
(B) of section 2911.01 of the Revised Code or if a prison term is	1365
imposed for a felony violation of division (B) of section 2921.331	1366
of the Revised Code, the offender shall serve that prison term	1367
consecutively to any other prison term or mandatory prison term	1368
previously or subsequently imposed upon the offender.	1369

(4) If multiple prison terms are imposed on an offender for	1370
convictions of multiple offenses, the court may require the	1371
offender to serve the prison terms consecutively if the court	1372
finds that the consecutive service is necessary to protect the	1373
public from future crime or to punish the offender and that	1374
consecutive sentences are not disproportionate to the seriousness	1375
of the offender's conduct and to the danger the offender poses to	1376
the public, and if the court also finds any of the following:	1377

(a) The offender committed one or more of the multiple	1378
offenses while the offender was awaiting trial or sentencing, was	1379
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1380
2929.18 of the Revised Code, or was under post-release control for	1381
a prior offense.	1382

(b) TheAt least two of the multiple offenses were committed	1383
as part of one or more courses of conduct, and the harm caused by	1384
two or more of the multiple offenses so committed was so great or	1385
unusual that no single prison term for any of the offenses	1386
committed as part of a single courseany of the courses of conduct	1387
adequately reflects the seriousness of the offender's conduct.	1388

(c) The offender's history of criminal conduct demonstrates	1389
that consecutive sentences are necessary to protect the public	1390
from future crime by the offender.	1391

(5) When consecutive prison terms are imposed pursuant to	1392
division (E)(1), (2), (3), or (4) of this section, the term to be	1393
served is the aggregate of all of the terms so imposed.	1394

(F) If a court imposes a prison term of a type described in	1395
division (B) of section 2967.28 of the Revised Code, it shall	1396
include in the sentence a requirement that the offender be subject	1397
to a period of post-release control after the offender's release	1398
from imprisonment, in accordance with that division. If a court	1399
imposes a prison term of a type described in division (C) of that	1400
section, it shall include in the sentence a requirement that the	1401
offender be subject to a period of post-release control after the	1402
offender's release from imprisonment, in accordance with that	1403
division, if the parole board determines that a period of	1404
post-release control is necessary.	1405

(G) If a person is convicted of or pleads guilty to a	1406
sexually violent offense and also is convicted of or pleads guilty	1407
to a sexually violent predator specification that was included in	1408
the indictment, count in the indictment, or information charging	1409
that offense, the court shall impose sentence upon the offender in	1410
accordance with section 2971.03 of the Revised Code, and Chapter	1411
2971. of the Revised Code applies regarding the prison term or	1412
term of life imprisonment without parole imposed upon the offender	1413
and the service of that term of imprisonment.	1414

(H) If a person who has been convicted of or pleaded guilty	1415
to a felony is sentenced to a prison term or term of imprisonment	1416
under this section, sections 2929.02 to 2929.06 of the Revised	1417
Code, section 2971.03 of the Revised Code, or any other provision	1418
of law, section 5120.163 of the Revised Code applies regarding the	1419
person while the person is confined in a state correctional	1420
institution.	1421

(I) If an offender who is convicted of or pleads guilty to a	1422
felony that is an offense of violence also is convicted of or	1423
pleads guilty to a specification of the type described in section	1424
2941.142 of the Revised Code that charges the offender with having	1425
committed the felony while participating in a criminal gang, the	1426
court shall impose upon the offender an additional prison term of	1427
one, two, or three years.	1428

(J) If an offender who is convicted of or pleads guilty to	1429
aggravated murder, murder, or a felony of the first, second, or	1430
third degree that is an offense of violence also is convicted of	1431
or pleads guilty to a specification of the type described in	1432
section 2941.143 of the Revised Code that charges the offender	1433
with having committed the offense in a school safety zone or	1434
towards a person in a school safety zone, the court shall impose	1435
upon the offender an additional prison term of two years. The	1436
offender shall serve the additional two years consecutively to and	1437
prior to the prison term imposed for the underlying offense.	1438

(K) At the time of sentencing, the court shall determine if	1439
an offender is eligible for placement in a program of shock	1440
incarceration under section 5120.031 of the Revised Code or is	1441
eligible for placement in an intensive program prison under	1442
section 5120.032 of the Revised Code. The court may recommend the	1443
offender for placement in a program of shock incarceration, if	1444
eligible,under section 5120.031 of the Revised Code or for	1445
placement in an intensive program prison, if eligibleunder	1446
section 5120.032 of the Revised Code, disapprove placement of the	1447
offender in a program of shock incarceration or in an intensive	1448
program prison, regardless of eligibilityof that nature, or make	1449
no recommendation on placement of the offender. In no case shall	1450
the department of rehabilitation and correction place the offender	1451
in a program or prison of that nature unless the department	1452
determines as specified in section 5120.031 or 5120.032 of the	1453
Revised Code, whichever is applicable, that the offender is	1454
eligible for the placement.	1455

If the court disapproves placement of the offender in a	1456
program or prison of that nature, the department of rehabilitation	1457
and correction shall not place the offender in any program of	1458
shock incarceration or intensive program prison.	1459

If the court approvesrecommends placement of the offender in	1460
a program of shock incarceration or in an intensive program	1461
prison, the department shall notify the courtand if the offender	1462
is subsequently placed in the recommended program or prison, the	1463
department shall notify the court of the placement and shall	1464
include with the notice a brief description of the placement.	1465

If the court approvesrecommends placement of the offender in	1466
a program of shock incarceration or in an intensive program prison	1467
and the department does not subsequently place the offender in the	1468
recommended program or prison, the department shall send a notice	1469
to the court indicating why the offender was not placed in the	1470
recommended program or prison.	1471

If the court does not make a recommendation under this	1472
division with respect to an eligible offender and if the	1473
department determines as specified in section 5120.031 or 5120.032	1474
of the Revised Code, whichever is applicable, that the offender is	1475
eligible for placement in a program or prison of that nature, the	1476
department shall screen the offender and determine if there is an	1477
available program of shock incarceration or an intensive program	1478
prison for which the offender is suited. If there is an available	1479
program of shock incarceration or an intensive program prison for	1480
which the offender is suited, the department shall notify the	1481
court of the proposed placement of the offender as specified in	1482
section 5120.031 or 5120.032 of the Revised Code and shall include	1483
with the notice a brief description of the placement. The court	1484
shall have ten days from receipt of the notice to disapprove the	1485
placement.	1486

Sec. 2929.141. A releasee who by committing a felony violates	1487
any post-release control sanction or any conditions described in	1488
division (A) of section 2967.131 of the Revised Code that are	1489
imposed upon the releasee may be prosecuted for the new felony.	1490
Upon conviction of the releasee for the new felony, the court may	1491
terminate the term of post-release control and may do either or	1492
both of the following regardless of whether the sentencing court	1493
or another court of this state imposed the original prison term	1494
for which the releasee is serving a term of post-release control:	1495

(A) In addition to any prison term for the new felony,	1496
impose a prison term for the violation that is no greater than the	1497
maximum allowed under this division. The maximum prison term for	1498
the violation shall be the greater of twelve months or the period	1499
of post-release control for the offense minus any time the	1500
releasee has spent under post-release control for the earlier	1501
felony. Any prison term imposed for the violation shall be	1502
reduced by any prison term that is administratively imposed by the	1503
parole board or adult parole authority as a post-release control	1504
sanction. A prison term imposed for the violation shall be served	1505
consecutively to any prison term imposed for the new felony.	1506

(B) Impose a sanction under sections 2929.15 to 2929.18 of	1507
the Revised Code for the violation that shall be served	1508
concurrently with any community control sanctions for the new	1509
felony.	1510

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	1511
hearing before imposing a sentence under this chapter upon an	1512
offender who was convicted of or pleaded guilty to a felony and	1513
before resentencing an offender who was convicted of or pleaded	1514
guilty to a felony and whose case was remanded pursuant to section	1515
2953.07 or 2953.08 of the Revised Code. At the hearing, the	1516
offender, the prosecuting attorney, the victim or the victim's	1517
representative in accordance with section 2930.14 of the Revised	1518
Code, and, with the approval of the court, any other person may	1519
present information relevant to the imposition of sentence in the	1520
case. The court shall inform the offender of the verdict of the	1521
jury or finding of the court and ask the offender whether the	1522
offender has anything to say as to why sentence should not be	1523
imposed upon the offender.	1524

(2) Except as otherwise provided in this division, before	1525
imposing sentence on an offender who is being sentenced for a	1526
sexually oriented offense that was committed on or after January	1527
1, 1997, and that is not a sexually violent offense, and before	1528
imposing sentence on an offender who is being sentenced for a	1529
sexually violent offense committed on or after January 1, 1997,	1530
and who was not charged with a sexually violent predator	1531
specification in the indictment, count in the indictment, or	1532
information charging the sexually violent offense, the court shall	1533
conduct a hearing in accordance with division (B) of section	1534
2950.09 of the Revised Code to determine whether the offender is a	1535
sexual predator. The court shall not conduct a hearing under that	1536
division if the offender is being sentenced for a sexually violent	1537
offense and a sexually violent predator specification was included	1538
in the indictment, count in the indictment, or information	1539
charging the sexually violent offense. Before imposing sentence	1540
on an offender who is being sentenced for a sexually oriented	1541
offense, the court also shall comply with division (E) of section	1542
2950.09 of the Revised Code.	1543

(B)(1) At the sentencing hearing, the court, before imposing	1544
sentence, shall consider the record, any information presented at	1545
the hearing by any person pursuant to division (A) of this	1546
section, and, if one was prepared, the presentence investigation	1547
report made pursuant to section 2951.03 of the Revised Code or	1548
Criminal Rule 32.2, and any victim impact statement made pursuant	1549
to section 2947.051 of the Revised Code.	1550

(2) The court shall impose a sentence and shall make a	1551
finding that gives its reasons for selecting the sentence imposed	1552
in any of the following circumstances:	1553

(a) Unless the offense is a sexually violent offense for	1554
which the court is required to impose sentence pursuant to	1555
division (G) of section 2929.14 of the Revised Code, if it imposes	1556
a prison term for a felony of the fourth or fifth degree or for a	1557
felony drug offense that is a violation of a provision of Chapter	1558
2925. of the Revised Code and that is specified as being subject	1559
to division (B) of section 2929.13 of the Revised Code for	1560
purposes of sentencing, its reasons for imposing the prison term,	1561
based upon the overriding purposes and principles of felony	1562
sentencing set forth in section 2929.11 of the Revised Code, and	1563
any factors listed in divisions (B)(1)(a) to (i) of section	1564
2929.13 of the Revised Code that it found to apply relative to the	1565
offender.	1566

(b) If it does not impose a prison term for a felony of the	1567
first or second degree or for a felony drug offense that is a	1568
violation of a provision of Chapter 2925. of the Revised Code and	1569
for which a presumption in favor of a prison term is specified as	1570
being applicable, its reasons for not imposing the prison term and	1571
for overriding the presumption, based upon the overriding purposes	1572
and principles of felony sentencing set forth in section 2929.11	1573
of the Revised Code, and the basis of the findings it made under	1574
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	1575

(c) If it imposes consecutive sentences under section	1576
2929.14 of the Revised Code, its reasons for imposing the	1577
consecutive sentences;	1578

(d) If the sentence is for one offense and it imposes a	1579
prison term for the offense that is the maximum prison term	1580
allowed for that offense by division (A) of section 2929.14 of the	1581
Revised Code, its reasons for imposing the maximum prison term;	1582

(e) If the sentence is for two or more offenses arising out	1583
of a single incident and it imposes a prison term for those	1584
offenses that is the maximum prison term allowed for the offense	1585
of the highest degree by division (A) of section 2929.14 of the	1586
Revised Code, its reasons for imposing the maximum prison term.	1587

(3) Subject to division (B)(4) of this section, if the	1588
sentencing court determines at the sentencing hearing that a	1589
prison term is necessary or required, the court shall do all of	1590
the following:	1591

(a) Impose a stated prison term;

1592

(b) Notify the offender that, as part of the sentence, the	1593
parole board may extend the stated prison term for certain	1594
violations of prison rules for up to one-half of the stated prison	1595
term;	1596

(c) Notify the offender that the offender will be supervised	1597
under section 2967.28 of the Revised Code after the offender	1598
leaves prison if the offender is being sentenced for a felony of	1599
the first degree or second degree, for a felony sex offense, or	1600
for a felony of the third degree in the commission of which the	1601
offender caused or threatened to cause physical harm to a person;	1602

(d) Notify the offender that the offender may be supervised	1603
under section 2967.28 of the Revised Code after the offender	1604
leaves prison if the offender is being sentenced for a felony of	1605
the third, fourth, or fifth degree that is not subject to division	1606
(B)(3)(c) of this section;	1607

(e) Notify the offender that, if a period of supervision is	1608
imposed following the offender's release from prison, as described	1609
in division (B)(3)(c) or (d) of this section, and if the offender	1610
violates that supervision or a condition of post-release control	1611
imposed under division (B) of section 2967.131 of the Revised	1612
Code, the parole board may impose a prison term, as part of the	1613
sentence, of up to one-half of the stated prison term originally	1614
imposed upon the offender;	1615

(f) Require that the offender not ingest or be injected with	1616
a drug of abuse and submit to random drug testing as provided in	1617
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	1618
is applicable to the offender who is serving a prison term, and	1619
require that the results of the drug test administered under any	1620
of those sections indicate that the offender did not ingest or was	1621
not injected with a drug of abuse.	1622

(4) If the offender is being sentenced for a sexually	1623
violent offense that the offender committed on or after January 1,	1624
1997, and the offender also is convicted of or pleads guilty to a	1625
sexually violent predator specification that was included in the	1626
indictment, count in the indictment, or information charging the	1627
sexually violent offense or if the offender is being sentenced for	1628
a sexually oriented offense that the offender committed on or	1629
after January 1, 1997, and the court imposing the sentence has	1630
determined pursuant to division (B) of section 2950.09 of the	1631
Revised Code that the offender is a sexual predator, the court	1632
shall include in the offender's sentence a statement that the	1633
offender has been adjudicated as being a sexual predator and shall	1634
comply with the requirements of section 2950.03 of the Revised	1635
Code. Additionally, in the circumstances described in division	1636
(G) of section 2929.14 of the Revised Code, the court shall impose	1637
sentence on the offender as described in that division.	1638

(5) If the sentencing court determines at the sentencing	1639
hearing that a community control sanction should be imposed and	1640
the court is not prohibited from imposing a community control	1641
sanction, the court shall impose a community control sanction. The	1642
court shall notify the offender that, if the conditions of the	1643
sanction are violated, if the offender commits a violation of any	1644
law, or if the offender leaves this state without the permission	1645
of the court or the offender's probation officer, the court may	1646
impose a longer time under the same sanction, may impose a more	1647
restrictive sanction, or may impose a prison term on the offender	1648
and shall indicate the specific prison term that may be imposed as	1649
a sanction for the violation, as selected by the court from the	1650
range of prison terms for the offense pursuant to section 2929.14	1651
of the Revised Code.	1652

(6) Before imposing a financial sanction under section	1653
2929.18 of the Revised Code or a fine under section 2929.25 of the	1654
Revised Code, the court shall consider the offender's present and	1655
future ability to pay the amount of the sanction or fine.	1656

(C)(1) If the offender is being sentenced for a fourth	1657
degree felony OMVI offense under division (G)(1) of section	1658
2929.13 of the Revised Code, the court shall impose the mandatory	1659
term of local incarceration in accordance with that division,	1660
shall impose a mandatory fine in accordance with division (B)(3)	1661
of section 2929.18 of the Revised Code, and, in addition, may	1662
impose additional sanctions as specified in sections 2929.15,	1663
2929.16, 2929.17, and 2929.18 of the Revised Code. The court	1664
shall not impose a prison term on the offender.	1665

(2) If the offender is being sentenced for a third or fourth	1666
degree felony OMVI offense under division (G)(2) of section	1667
2929.13 of the Revised Code, the court shall impose the mandatory	1668
prison term in accordance with that division, shall impose a	1669
mandatory fine in accordance with division (B)(3) of section	1670
2929.18 of the Revised Code, and, in addition, may impose an	1671
additional prison term as specified in section 2929.14 of the	1672
Revised Code. The court shall not impose any community control	1673
sanction on the offender.	1674

(D) If theThe sentencing court determines at the sentencing	1675
hearing that an offender is eligible for placement in a program of	1676
shock incarceration under section 5120.031 of the Revised Code or	1677
in an intensive program prison under section 5120.032 of the	1678
Revised Code, the court, pursuant to division (K) of section	1679
2929.14 of the Revised Code, may recommend placement of the	1680
offender in a program of shock incarceration under section	1681
5120.031 of the Revised Code or an intensive program prison under	1682
section 5120.032 of the Revised Code, disapprove placement of the	1683
offender in a program or prison of that nature, or make no	1684
recommendation. TheIf the court recommends or disapproves	1685
placement, it shall make a finding that gives its reasons for its	1686
recommendation or disapproval.	1687

Sec. 2929.20.  (A) As used in this section, "eligible	1688
offender" means any person serving a stated prison term of ten	1689
years or less when either of the following applies:	1690

(1) The stated prison term does not include a mandatory	1691
prison term.	1692

(2) The stated prison term includes a mandatory prison term,	1693
and the person has served the mandatory prison term.	1694

(B) Upon the filing of a motion by the eligible offender or	1695
upon its own motion, a sentencing court may reduce the offender's	1696
stated prison term through a judicial release in accordance with	1697
this section. The court shall not reduce the stated prison term	1698
of an offender who is not an eligible offender. An eligible	1699
offender may file a motion for judicial release with the	1700
sentencing court within the following applicable period of time:	1701

(1)(a) Except as otherwise provided in division (B)(1)(b) or	1702
(c) of this section, if the stated prison term was imposed for a	1703
felony of the fourth or fifth degree, the eligible offender may	1704
file the motion not earlier than thirty days or later than ninety	1705
days after the offender is delivered to a state correctional	1706
institution.	1707

(b) If the stated prison term is five years and is an	1708
aggregate of stated prison terms that are being served	1709
consecutively and that were imposed for any combination of	1710
felonies of the fourth degree and felonies of the fifth degree,	1711
the eligible offender may file the motion after the eligible	1712
offender has served four years of the stated prison term.	1713

(c) If the stated prison term is more than five years and	1714
lessnot more than ten years and is an aggregate of stated prison	1715
terms that are being served consecutively and that were imposed	1716
for any combination of felonies of the fourth degree and felonies	1717
of the fifth degree, the eligible offender may file the motion	1718
after the eligible offender has served five years of the stated	1719
prison term.	1720

(2) Except as otherwise provided in division (B)(3) or (4)	1721
of this section, if the stated prison term was imposed for a	1722
felony of the first, second, or third degree, the eligible	1723
offender may file the motion not earlier than one hundred eighty	1724
days after the offender is delivered to a state correctional	1725
institution.	1726

(3) If the stated prison term is five years, the eligible	1727
offender may file the motion after the eligible offender has	1728
served four years of the stated prison term.	1729

(4) If the stated prison term is more than five years and	1730
lessnot more than ten years, the eligible offender may file the	1731
motion after the eligible offender has served five years of the	1732
stated prison term.	1733

(5) If the offender's stated prison term includes a	1734
mandatory prison term, the offender shall file the motion within	1735
the time authorized under division (B)(1), (2), (3), or (4) of	1736
this section for the nonmandatory portion of the prison term, but	1737
the time for filing the motion does not begin to run until after	1738
the expiration of the mandatory portion of the prison term.	1739

(C) Upon receipt of a timely motion for judicial release	1740
filed by an eligible offender under division (B) of this section	1741
or upon the sentencing court's own motion made within the	1742
appropriate time period specified in that division, the court may	1743
schedule a hearing on the motion. The court may deny the motion	1744
without a hearing but shall not grant the motion without a	1745
hearing. If a court denies a motion without a hearing, the court	1746
may consider a subsequent judicial release for that eligible	1747
offender on its own motion or a subsequent motion filed by that	1748
eligible offender. If a court denies a motion after a hearing,	1749
the court shall not consider a subsequent motion for that eligible	1750
offender. The court shall hold only one hearing for any eligible	1751
offender.	1752

A hearing under this section shall be conducted in open court	1753
within sixty days after the date on which the motion is filed,	1754
provided that the court may delay the hearing for a period not to	1755
exceed one hundred eighty additional days. If the court holds a	1756
hearing on the motion, the court shall enter a ruling on the	1757
motion within ten days after the hearing. If the court denies the	1758
motion without a hearing, the court shall enter its ruling on the	1759
motion within sixty days after the motion is filed.	1760

(D) If a court schedules a hearing under division (C) of	1761
this section, the court shall notify the eligible offender of the	1762
hearing. The eligible offender promptly shall give a copy of the	1763
notice of the hearing to the head of the state correctional	1764
institution in which the eligible offender is confined. If the	1765
court schedules a hearing for judicial release, the court promptly	1766
shall give notice of the hearing to the prosecuting attorney of	1767
the county in which the eligible offender was indicted. Upon	1768
receipt of the notice from the court, the prosecuting attorney	1769
shall notify the victim of the offense for which the stated prison	1770
term was imposed or the victim's representative, pursuant to	1771
section 2930.16 of the Revised Code, of the hearing.	1772

(E) Prior to the date of the hearing on a motion for	1773
judicial release under this section, the head of the state	1774
correctional institution in which the eligible offender in	1775
question is confined shall send to the court a report on the	1776
eligible offender's conduct in the institution and in any	1777
institution from which the eligible offender may have been	1778
transferred. The report shall cover the eligible offender's	1779
participation in school, vocational training, work, treatment, and	1780
other rehabilitative activities and any disciplinary action taken	1781
against the eligible offender. The report shall be made part of	1782
the record of the hearing.	1783

(F) If the court grants a hearing on a motion for judicial	1784
release under this section, the eligible offender shall attend the	1785
hearing if ordered to do so by the court. Upon receipt of a copy	1786
of the journal entry containing the order, the head of the state	1787
correctional institution in which the eligible offender is	1788
incarcerated shall deliver the eligible offender to the sheriff of	1789
the county in which the hearing is to be held. The sheriff shall	1790
convey the eligible offender to the hearing and return the	1791
offender to the institution after the hearing.	1792

(G) At the hearing on a motion for judicial release under	1793
this section, the court shall afford the eligible offender and the	1794
eligible offender's attorney an opportunity to present written	1795
information relevant to the motion and shall afford the eligible	1796
offender, if present, and the eligible offender's attorney an	1797
opportunity to present oral information relevant to the motion.	1798
The court shall afford a similar opportunity to the prosecuting	1799
attorney, the victim or the victim's representative, as defined in	1800
section 2930.01 of the Revised Code, and any other person the	1801
court determines is likely to present additional relevant	1802
information. The court shall consider any statement of a victim	1803
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	1804
any victim impact statement prepared pursuant to section 2947.051	1805
of the Revised Code, and any report made under division (E) of	1806
this section. After ruling on the motion, the court shall notify	1807
the victim of the ruling in accordance with sections 2930.03 and	1808
2930.16 of the Revised Code.	1809

(H)(1) A court shall not grant a judicial release under this	1810
section to an eligible offender who is imprisoned for a felony of	1811
the first or second degree, or to an eligible offender who	1812
committed an offense contained in Chapter 2925. or 3719. of the	1813
Revised Code and for whom there was a presumption under section	1814
2929.13 of the Revised Code in favor of a prison term, unless the	1815
court, with reference to factors under section 2929.12 of the	1816
Revised Code, finds both of the following:	1817

(a) That a sanction other than a prison term would	1818
adequately punish the offender and protect the public from future	1819
criminal violations by the eligible offender because the	1820
applicable factors indicating a lesser likelihood of recidivism	1821
outweigh the applicable factors indicating a greater likelihood of	1822
recidivism;	1823

(b) That a sanction other than a prison term would not	1824
demean the seriousness of the offense because factors indicating	1825
that the eligible offender's conduct in committing the offense was	1826
less serious than conduct normally constituting the offense	1827
outweigh factors indicating that the eligible offender's conduct	1828
was more serious than conduct normally constituting the offense.	1829

(2) A court that grants a judicial release to an eligible	1830
offender under division (H)(1) of this section shall specify on	1831
the record both findings required in that division and also shall	1832
list all the factors described in that division that were	1833
presented at the hearing.	1834

(I) If the court grants a motion for judicial release under	1835
this section, the court shall order the release of the eligible	1836
offender, shall place the eligible offender under an appropriate	1837
community control sanction, under appropriate community control	1838
conditions, and under the supervision of the department of	1839
probation serving the court, and shall reserve the right to	1840
reimpose the sentence that it reduced pursuant to the judicial	1841
release if the offender violates the sanction. If the court	1842
reimposes the reduced sentence pursuant to this reserved right, it	1843
may do so either concurrently with, or consecutive to, any new	1844
sentence imposed upon the eligible offender as a result of the	1845
violation that is a new offense. The period of the community	1846
control sanction shall be no longer than five years. The court,	1847
in its discretion, may reduce the period of the community control	1848
sanction by the amount of time the eligible offender spent in jail	1849
for the offense and in prison. If the court made any findings	1850
pursuant to division (H)(1) of this section, the court shall serve	1851
a copy of the findings upon counsel for the parties within fifteen	1852
days after the date on which the court grants the motion for	1853
judicial release.	1854

Prior to being released pursuant to a judicial release	1855
granted under this section, the eligible offender shall serve any	1856
extension of sentence that was imposed under section 2967.11 of	1857
the Revised Code.	1858

Sec. 2951.041.  (A)(1) If an offender is charged with a	1859
criminal offense and the court has reason to believe that drug or	1860
alcohol usage by the offender was a factor leading to the	1861
offender's criminal behavior, the court may accept, prior to the	1862
entry of a guilty plea, the offender's request for intervention in	1863
lieu of conviction. The request shall include a waiver of the	1864
defendant's right to a speedy trial, the preliminary hearing, the	1865
time period within which the grand jury may consider an indictment	1866
against the offender, and arraignment, unless the hearing,	1867
indictment, or arraignment has already occurred. The court may	1868
reject an offender's request without a hearing. If the court	1869
elects to consider an offender's request, the court shall conduct	1870
a hearing to determine whether the offender is eligible under this	1871
section for intervention in lieu of conviction and shall stay all	1872
criminal proceedings pending the outcome of the hearing. If the	1873
court schedules a hearing, the court shall order an assessment of	1874
the offender for the purpose of determining the offender's	1875
eligibility for intervention in lieu of conviction and	1876
recommending an appropriate intervention plan.	1877

(2) The victim notification provisions of division (C) of	1878
section 2930.08 of the Revised Code apply in relation to any	1879
hearing held under division (A)(1) of this section.	1880

(B)(1) An offender is eligible for intervention in lieu of	1881
conviction if the court finds all of the following:	1882

(1)(a) The offender previously has not been convicted of or	1883
pleaded guilty to a felony, previously has not been through	1884
intervention in lieu of conviction under this section or any	1885
similar regimen, and is charged with a felony for which the court,	1886
upon conviction, would impose sentence under division (B)(2)(b) of	1887
section 2929.13 of the Revised Code or with a misdemeanor.	1888

(2)(b) The offense is not a felony of the first, second, or	1889
third degree, is not an offense of violence, is not a violation of	1890
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	1891
not a violation of division (A)(1) of section 2903.08 of the	1892
Revised Code, is not a violation of division (A) of section	1893
4511.19 of the Revised Code or a municipal ordinance that is	1894
substantially similar to that division, and is not an offense for	1895
which a sentencing court is required to impose a mandatory prison	1896
term, a mandatory term of local incarceration, or a mandatory term	1897
of imprisonment in a jail.	1898

(3)(c) The offender is not charged with a violation of	1899
section 2925.02, 2925.03, 2925.04, or 2925.06, orof the Revised	1900
Code and is not charged with a violation of section 2925.11 of the	1901
Revised Code that is a felony of the first, second, or third	1902
degree.	1903

(4)(d) The offender is not charged with a violation of	1904
section 2925.11 of the Revised Code that is a felony of the fourth	1905
degree, or the offender is charged with a violation of that	1906
section that is a felony of the fourth degree, and the prosecutor	1907
in the case has recommended that the offender be classified as	1908
being eligible for intervention in lieu of conviction under this	1909
section.	1910

(5)(e) The offender has been assessed by an appropriately	1911
licensed provider, certified facility, or licensed and	1912
credentialed professional, including, but not limited to, a	1913
program licensed by the department of alcohol and drug addiction	1914
services pursuant to section 3793.11 of the Revised Code, a	1915
program certified by that department pursuant to section 3793.06	1916
of the Revised Code, a public or private hospital, the United	1917
States department of veterans affairs, another appropriate agency	1918
of the government of the United States, or a licensed physician,	1919
psychiatrist, psychologist, independent social worker,	1920
professional counselor, or chemical dependency counselor for the	1921
purpose of determining the offender's eligibility for intervention	1922
in lieu of conviction and recommending an appropriate intervention	1923
plan.	1924

(6)(f) The offender's drug or alcohol usage was a factor	1925
leading to the criminal offense with which the offender is	1926
charged, intervention in lieu of conviction would not demean the	1927
seriousness of the offense, and intervention would substantially	1928
reduce the likelihood of any future criminal activity.	1929

(7) The alleged victim of the offense was not sixty-five	1930
years of age or older, permanently and totally disabled, under	1931
thirteen years of age, or a peace officer engaged in the officer's	1932
official duties at the time of the alleged offense.	1933

(8) If the offender is charged with a violation of section	1934
2925.24 of the Revised Code, the alleged violation did not result	1935
in physical harm to any person, and the offender previously has	1936
not been treated for drug abuse.	1937

(9) The offender is willing to comply with all terms and	1938
conditions imposed by the court pursuant to division (D) of this	1939
section.	1940

(C)(2) At the conclusion of a hearing held pursuant to	1941
division (A) of this section, the court shall enter its	1942
determination as to whether the offender is eligible for	1943
intervention in lieu of conviction and as to whether to grant the	1944
offender's request. If the court finds under division (B)(1) of	1945
this section that the offender is eligible for treatment	1946
intervention in lieu of conviction and grants the offender's	1947
request, the court shall accept the offender's plea of guilty and	1948
waiver of the defendant's right to a speedy trial, the preliminary	1949
hearing, the time period within which the grand jury may consider	1950
an indictment against the offender, and arraignment, unless the	1951
hearing, indictment, or arraignment has already occurred. In	1952
addition, the court then may stay all criminal proceedings and	1953
order the offender to comply with all terms and conditions imposed	1954
by the court pursuant to division (D) of this section. If the	1955
court finds that the offender is not eligible or does not grant	1956
the offender's request, the criminal proceedings against the	1957
offender shall proceed as if the offender's request for	1958
intervention in lieu of conviction had not been made.	1959

(D) If the court grants an offender's request for	1960
intervention in lieu of conviction, the court shall place the	1961
offender under the general control and supervision of the county	1962
probation department, the adult parole authority, or another	1963
appropriate local probation or court services agency, if one	1964
exists, as if the offender was subject to a community control	1965
sanction imposed under section 2929.15 or 2929.18 of the Revised	1966
Code or was on probation under sections 2929.51 and 2951.02 of the	1967
Revised Code and other provisions of the misdemeanor sentencing	1968
law. The court shall establish an intervention plan for the	1969
offender. The terms and conditions of the intervention plan shall	1970
require the offender, for at least one year from the date on which	1971
the court grants the order of intervention in lieu of conviction,	1972
to abstain from the use of illegal drugs and alcohol and to submit	1973
to regular random testing for drug and alcohol use and may include	1974
any other treatment terms and conditions, or terms and conditions	1975
similar to community control sanctions, that are ordered by the	1976
court.	1977

(E) If the court grants an offender's request for	1978
intervention in lieu of conviction and the court finds that the	1979
offender has successfully completed the intervention plan for the	1980
offender, including the requirement that the offender abstain from	1981
using drugs and alcohol for a period of at least one year from the	1982
date on which the court granted the order of intervention in lieu	1983
of conviction and all other terms and conditions ordered by the	1984
court, the court shall dismiss the proceedings against the	1985
offender. Successful completion of the intervention plan and	1986
period of abstinence under this section shall be without	1987
adjudication of guilt and is not a criminal conviction for	1988
purposes of any disqualification or disability imposed by law and	1989
upon conviction of a crime, and the court may order the sealing of	1990
records related to the offense in question in the manner provided	1991
in sections 2953.31 to 2953.36 of the Revised Code.	1992

(F) If the court grants an offender's request for	1993
intervention in lieu of conviction and the offender fails to	1994
comply with any term or condition imposed as part of the	1995
intervention plan for the offender, the supervising authority for	1996
the offender promptly shall advise the court of this failure, and	1997
the court shall hold a hearing to determine whether the offender	1998
failed to comply with any term or condition imposed as part of the	1999
plan. If the court determines that the offender has failed to	2000
comply with any of those terms and conditions, it shall enter a	2001
finding of guilty and shall impose an appropriate sanction under	2002
Chapter 2929. of the Revised Code.	2003

(G) As used in this section:

2004

(1) "Community control sanction" has the same meaning as in	2005
section 2929.01 of the Revised Code.	2006

(2) "Intervention in lieu of conviction" means any	2007
court-supervised activity that complies with this section.	2008

(3) "Peace officer" has the same meaning as in section	2009
2935.01 of the Revised Code.	2010

Sec. 2967.16.  (A) Except as provided in division (D) of	2011
this section, when a paroled prisoner has faithfully performed the	2012
conditions and obligations of the paroled prisoner's parole and	2013
has obeyed the rules and regulations adopted by the adult parole	2014
authority that apply to the paroled prisoner, the authority upon	2015
the recommendation of the superintendent of parole supervision may	2016
enter upon its minutes a final release and thereupon shall issue	2017
to the paroled prisoner a certificate of final release, but the	2018
authority shall not grant a final release earlier than one year	2019
after the paroled prisoner is released from the institution on	2020
parole, and, in the case of a paroled prisoner whose minimum	2021
sentence is life imprisonment, the authority shall not grant a	2022
final release earlier than five years after the paroled prisoner	2023
is released from the institution on parole.	2024

(B)(1) When a prisoner who has been released under a period	2025
of post-release control pursuant to section 2967.28 of the Revised	2026
Code has faithfully performed the conditions and obligations of	2027
the released prisoner's post-release control sanctions and has	2028
obeyed the rules and regulations adopted by the adult parole	2029
authority that apply to the released prisoner or has the period of	2030
post-release control terminated by a court pursuant to section	2031
2929.141 of the Revised Code, the authority, upon the	2032
recommendation of the superintendent of parole supervision, may	2033
enter upon its minutes a final release and, upon the entry of the	2034
final release, shall issue to the released prisoner a certificate	2035
of final release. In the case of a prisoner who has been released	2036
under a period of post-release control pursuant to division (B) of	2037
section 2967.28 of the Revised Code, the authority shall not grant	2038
a final release earlier than one year after the released prisoner	2039
is released from the institution under a period of post-release	2040
control. The authority shall classify the termination of	2041
post-release control as favorable or unfavorable depending on the	2042
offender's conduct and compliance with the conditions of	2043
supervision. In the case of a released prisoner whose sentence is	2044
life imprisonment, the authority shall not grant a final release	2045
earlier than five years after the released prisoner is released	2046
from the institution under a period of post-release control.	2047

(2) The department of rehabilitation and correction, no	2048
later than six months after the effective date of this section	2049
shall adopt a rule in accordance with Chapter 119. of the Revised	2050
Code that establishes the criteria for the classification of a	2051
post-release control termination as "favorable" or "unfavorable."	2052

(C) The following prisoners or person shall be restored to	2053
the rights and privileges forfeited by a conviction:	2054

(1) A prisoner who has served the entire prison term that	2055
comprises or is part of the prisoner's sentence and has not been	2056
placed under any post-release control sanctions;	2057

(2) A prisoner who has been granted a final release by the	2058
adult parole authority pursuant to division (A) or (B) of this	2059
section;	2060

(3) A person who has completed the period of a community	2061
control sanction or combination of community control sanctions, as	2062
defined in section 2929.01 of the Revised Code, that was imposed	2063
by the sentencing court.	2064

(D) Division (A) of this section does not apply to a	2065
prisoner in the shock incarceration program established pursuant	2066
to section 5120.031 of the Revised Code.	2067

(E) The adult parole authority shall record the final	2068
release of a parolee or prisoner in the official minutes of the	2069
authority.	2070

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

2071

(1) "Monitored time" means the monitored time sanction	2072
specified in section 2929.17 of the Revised Code.	2073

(2) "Deadly weapon" and "dangerous ordnance" have the same	2074
meanings as in section 2923.11 of the Revised Code.	2075

(3) "Felony sex offense" means a violation of a section	2076
contained in Chapter 2907. of the Revised Code that is a felony.	2077

(B) Each sentence to a prison term for a felony of the first	2078
degree, for a felony of the second degree, for a felony sex	2079
offense, or for a felony of the third degree that is not a felony	2080
sex offense and in the commission of which the offender caused or	2081
threatened to cause physical harm to a person shall include a	2082
requirement that the offender be subject to a period of	2083
post-release control imposed by the parole board after the	2084
offender's release from imprisonment. Unless reduced by the	2085
parole board pursuant to division (D) of this section when	2086
authorized under that division, a period of post-release control	2087
required by this division for an offender shall be of one of the	2088
following periods:	2089

(1) For a felony of the first degree or for a felony sex	2090
offense, five years;	2091

(2) For a felony of the second degree that is not a felony	2092
sex offense, three years;	2093

(3) For a felony of the third degree that is not a felony	2094
sex offense and in the commission of which the offender caused or	2095
threatened physical harm to a person, three years.	2096

(C) Any sentence to a prison term for a felony of the third,	2097
fourth, or fifth degree that is not subject to division (B)(1) or	2098
(3) of this section shall include a requirement that the offender	2099
be subject to a period of post-release control of up to three	2100
years after the offender's release from imprisonment, if the	2101
parole board, in accordance with division (D) of this section,	2102
determines that a period of post-release control is necessary for	2103
that offender.	2104

(D)(1) Before the prisoner is released from imprisonment,	2105
the parole board shall impose upon a prisoner described in	2106
division (B) of this section, may impose upon a prisoner described	2107
in division (C) of this section, and shall impose upon a prisoner	2108
described in division (B)(2)(b) of section 5120.031 or in division	2109
(B)(1) of section 5120.032 of the Revised Code, one or more	2110
post-release control sanctions to apply during the prisoner's	2111
period of post-release control. Whenever the board imposes one or	2112
more post-release control sanctions upon a prisoner, the board, in	2113
addition to imposing the sanctions, also shall include as a	2114
condition of the post-release control that the individual or felon	2115
not leave the state without permission of the court or the	2116
individual's or felon's parole or probation officer and that the	2117
individual or felon abide by the law. The board may impose any	2118
other conditions of release under a post-release control sanction	2119
that the board considers appropriate, and the conditions of	2120
release may include any community residential sanction, community	2121
nonresidential sanction, or financial sanction that the sentencing	2122
court was authorized to impose pursuant to sections 2929.16,	2123
2929.17, and 2929.18 of the Revised Code. Prior to the release of	2124
a prisoner for whom it will impose one or more post-release	2125
control sanctions under this division, the parole board shall	2126
review the prisoner's criminal history, all juvenile court	2127
adjudications finding the prisoner, while a juvenile, to be a	2128
delinquent child, and the record of the prisoner's conduct while	2129
imprisoned. The parole board shall consider any recommendation	2130
regarding post-release control sanctions for the prisoner made by	2131
the office of victims' services. After considering those	2132
materials, the board shall determine, for a prisoner described in	2133
division (B) of this section, division (B)(2)(b) of section	2134
5120.031, or division (B)(1) of section 5120.032 of the Revised	2135
Code, which post-release control sanction or combination of	2136
post-release control sanctions is reasonable under the	2137
circumstances or, for a prisoner described in division (C) of this	2138
section, whether a post-release control sanction is necessary and,	2139
if so, which post-release control sanction or combination of	2140
post-release control sanctions is reasonable under the	2141
circumstances. In the case of a prisoner convicted of a felony of	2142
the fourth or fifth degree other than a felony sex offense, the	2143
board shall presume that monitored time is the appropriate	2144
post-release control sanction unless the board determines that a	2145
more restrictive sanction is warranted. A post-release control	2146
sanction imposed under this division takes effect upon the	2147
prisoner's release from imprisonment.	2148

(2) At any time after a prisoner is released from	2149
imprisonment and during the period of post-release control	2150
applicable to the releasee, the adult parole authority may review	2151
the releasee's behavior under the post-release control sanctions	2152
imposed upon the releasee under this section. The authority may	2153
determine, based upon the review and in accordance with the	2154
standards established under division (E) of this section, that a	2155
more restrictive or a less restrictive sanction is appropriate and	2156
may impose a different sanction. Unless the period of	2157
post-release control was imposed for an offense described in	2158
division (B)(1) of this section, the authority also may recommend	2159
that the parole board reduce the duration of the period of	2160
post-release control imposed by the court. If the authority	2161
recommends that the board reduce the duration of control for an	2162
offense described in division (B)(2), (B)(3), or (C) of this	2163
section, the board shall review the releasee's behavior and may	2164
reduce the duration of the period of control imposed by the court.	2165
In no case shall the board reduce the duration of the period of	2166
control imposed by the court for an offense described in division	2167
(B)(1) of this section, and in no case shall the board permit the	2168
releasee to leave the state without permission of the court or the	2169
releasee's parole or probation officer.	2170

(E) The department of rehabilitation and correction, in	2171
accordance with Chapter 119. of the Revised Code, shall adopt	2172
rules that do all of the following:	2173

(1) Establish standards for the imposition by the parole	2174
board of post-release control sanctions under this section that	2175
are consistent with the overriding purposes and sentencing	2176
principles set forth in section 2929.11 of the Revised Code and	2177
that are appropriate to the needs of releasees;	2178

(2) Establish standards by which the parole board can	2179
determine which prisoners described in division (C) of this	2180
section should be placed under a period of post-release control;	2181

(3) Establish standards to be used by the parole board in	2182
reducing the duration of the period of post-release control	2183
imposed by the court when authorized under division (D) of this	2184
section, in imposing a more restrictive post-release control	2185
sanction than monitored time upon a prisoner convicted of a felony	2186
of the fourth or fifth degree other than a felony sex offense, or	2187
in imposing a less restrictive control sanction upon a releasee	2188
based on the releasee's activities including, but not limited to,	2189
remaining free from criminal activity and from the abuse of	2190
alcohol or other drugs, successfully participating in approved	2191
rehabilitation programs, maintaining employment, and paying	2192
restitution to the victim or meeting the terms of other financial	2193
sanctions;	2194

(4) Establish standards to be used by the adult parole	2195
authority in modifying a releasee's post-release control sanctions	2196
pursuant to division (D)(2) of this section;	2197

(5) Establish standards to be used by the adult parole	2198
authority or parole board in imposing further sanctions under	2199
division (F) of this section on releasees who violate post-release	2200
control sanctions, including standards that do the following:	2201

(a) Classify violations according to the degree of	2202
seriousness;	2203

(b) Define the circumstances under which formal action by	2204
the parole board is warranted;	2205

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

2206

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

2207

(e) Prescribe nonresidential community control sanctions for	2208
most misdemeanor and technical violations;	2209

(f) Provide procedures for the return of a releasee to	2210
imprisonment for violations of post-release control.	2211

(F)(1) If a post-release control sanction is imposed upon an	2212
offender under this section, the offender upon release from	2213
imprisonment shall be under the general jurisdiction of the adult	2214
parole authority and generally shall be supervised by the parole	2215
supervision section through its staff of parole and field officers	2216
as described in section 5149.04 of the Revised Code, as if the	2217
offender had been placed on parole. If the offender upon release	2218
from imprisonment violates the post-release control sanction or	2219
any conditions described in division (A) of section 2967.131 of	2220
the Revised Code that are imposed on the offender, the public or	2221
private person or entity that operates or administers the sanction	2222
or the program or activity that comprises the sanction shall	2223
report the violation directly to the adult parole authority or to	2224
the officer of the authority who supervises the offender. The	2225
authority's officers may treat the offender as if the offender	2226
were on parole and in violation of the parole, and otherwise shall	2227
comply with this section.	2228

(2) If the adult parole authority determines that a releasee	2229
has violated a post-release control sanction or any conditions	2230
described in division (A) of section 2967.131 of the Revised Code	2231
imposed upon the releasee and that a more restrictive sanction is	2232
appropriate, the authority may impose a more restrictive sanction	2233
upon the releasee, in accordance with the standards established	2234
under division (E) of this section, or may report the violation to	2235
the parole board for a hearing pursuant to division (F)(3) of this	2236
section. The authority may not, pursuant to this division,	2237
increase the duration of the releasee's post-release control or	2238
impose as a post-release control sanction a residential sanction	2239
that includes a prison term, but the authority may impose on the	2240
releasee any other residential sanction, nonresidential sanction,	2241
or financial sanction that the sentencing court was authorized to	2242
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the	2243
Revised Code.	2244

(3) The parole board may hold a hearing on any alleged	2245
violation by a releasee of a post-release control sanction or any	2246
conditions described in division (A) of section 2967.131 of the	2247
Revised Code that are imposed upon the releasee. If after the	2248
hearing the board finds that the releasee violated the sanction or	2249
condition, the board may increase the duration of the releasee's	2250
post-release control up to the maximum duration authorized by	2251
division (B) or (C) of this section or impose a more restrictive	2252
post-release control sanction. When appropriate, the board may	2253
impose as a post-release control sanction a residential sanction	2254
that includes a prison term. The board shall consider a prison	2255
term as a post-release control sanction imposed for a violation of	2256
post-release control when the violation involves a deadly weapon	2257
or dangerous ordnance, physical harm or attempted serious physical	2258
harm to a person, or sexual misconduct, or when the releasee	2259
committed repeated violations of post-release control sanctions.	2260
The period of a prison term that is imposed as a post-release	2261
control sanction under this division shall not exceed nine months,	2262
and the maximum cumulative prison term for all violations under	2263
this division shall not exceed one-half of the stated prison term	2264
originally imposed upon the offender as part of this sentence. The	2265
period of a prison term that is imposed as a post-release control	2266
sanction under this division shall not count as, or be credited	2267
toward, the remaining period of post-release control.	2268

If an offender is imprisoned for a felony committed while	2269
under post-release control supervision and is again released on	2270
post-release control for a period of time determined by division	2271
(F)(4)(d) of this section, the maximum cumulative prison term for	2272
all violations under this division shall not exceed one-half of	2273
the total stated prison terms of the earlier felony, reduced by	2274
any prison term administratively imposed by the parole board, plus	2275
one-half of the total stated prison term of the new felony.	2276

(4) A parolee or releasee who has violated any condition of	2277
parole, any post-release control sanction, or any conditions	2278
described in division (A) of section 2967.131 of the Revised Code	2279
that are imposed upon the releasee by committing a felony may be	2280
prosecuted for the new felony, and, upon conviction, the court	2281
shall impose sentence for the new felony. In addition to the	2282
sentence imposed for the new felony, the court may impose a prison	2283
term for the violation, and the term imposed for the violation	2284
shall be reduced by any prison term that is administratively	2285
imposed by the parole board or adult parole authority as a	2286
post-release control sanction. If the person is a releasee, the	2287
maximum prison term for the violation shall be either the maximum	2288
period of post-release control for the earlier felony under	2289
division (B) or (C) of this section minus any time the releasee	2290
has spent under post-release control for the earlier felony or	2291
twelve months, whichever is greater. A prison term imposed for	2292
the violation shall be served consecutively to any prison term	2293
imposed for the new felony. If the person is a releasee, a prison	2294
term imposed for the violation, and a prison term imposed for the	2295
new felony, shall not count as, or be credited toward, the	2296
remaining period of post-release control imposed for the earlier	2297
felony.	2298

(5) Any period of post-release control shall commence upon	2299
an offender's actual release from prison. If an offender is	2300
serving an indefinite prison term or a life sentence in addition	2301
to a stated prison term, the offender shall serve the period of	2302
post-release control in the following manner:	2303

(a) If a period of post-release control is imposed upon the	2304
offender and if the offender also is subject to a period of parole	2305
under a life sentence or an indefinite sentence, and if the period	2306
of post-release control ends prior to the period of parole, the	2307
offender shall be supervised on parole. The offender shall	2308
receive credit for post-release control supervision during the	2309
period of parole. The offender is not eligible for final release	2310
under section 2967.16 of the Revised Code until the post-release	2311
control period otherwise would have ended.	2312

(b) If a period of post-release control is imposed upon the	2313
offender and if the offender also is subject to a period of parole	2314
under an indefinite sentence, and if the period of parole ends	2315
prior to the period of post-release control, the offender shall be	2316
supervised on post-release control. The requirements of parole	2317
supervision shall be satisfied during the post-release control	2318
period.	2319

(c) If an offender is subject to more than one period of	2320
post-release control, the period of post-release control for all	2321
of the sentences shall be the period of post-release control that	2322
expires last, as determined by the parole board. Periods of	2323
post-release control shall be served concurrently and shall not be	2324
imposed consecutively to each other.	2325

(d) The period of post-release control for a releasee who	2326
commits a felony while under post-release control for an earlier	2327
felony shall be the longer of the period of post-release control	2328
specified for the new felony under division (B) or (C) of this	2329
section or the time remaining under the period of post-release	2330
control imposed for the earlier felony as determined by the parole	2331
board.	2332

Sec. 3719.21.  Except as provided in division (C) of section	2333
2923.42, division (B)(5) of section 2923.44, divisions (D)(1),	2334
(F), and (H) of section 2925.03, division (D)(1) of section	2335
2925.02, 2925.04, or 2925.05, division (E)(1) of section 2925.11,	2336
division (F) of section 2925.13 or, division (E) of section	2337
2925.36, division (D) of section 2925.22, division (H) of section	2338
2925.23, division (M) of section 2925.37, division (B)(5) of	2339
section 2925.42, division (B) of section 2929.18, division (D) of	2340
section 3719.99, division (B)(1) of section 4729.65, and division	2341
(E)(3) of section 4729.99 of the Revised Code, the clerk of the	2342
court shall pay all fines or forfeited bail assessed and collected	2343
under prosecutions or prosecutions commenced for violations of	2344
this chapter, section 2923.42 of the Revised Code, or Chapter	2345
2925. of the Revised Code, within thirty days, to the executive	2346
director of the state board of pharmacy, and the executive	2347
director shall deposit the fines into the state treasury to the	2348
credit of the occupational licensing and regulatory fund.	2349

Sec. 4723.09.  (A)(1) An application for licensure by	2350
examination to practice as a registered nurse or as a licensed	2351
practical nurse shall be submitted to the board of nursing in the	2352
form prescribed by rules of the board. The application shall	2353
include evidence that the applicant has completed requirements of	2354
a nursing education program approved by the board or approved by	2355
another jurisdiction's board that regulates nurse licensure. The	2356
application also shall include any other information required by	2357
rules of the board. The application shall be accompanied by the	2358
application fee required by section 4723.08 of the Revised Code.	2359

(2) The board shall grant a license to practice nursing as a	2360
registered nurse or as a licensed practical nurse if theall of	2361
the following apply:	2362

(a) The applicant passes the examination accepted by the	2363
board under section 4723.10 of the Revised Code and the.	2364

(b) The applicant submits the results of a criminal records	2365
check completed by the bureau of criminal identification and	2366
investigation that includes a check of federal bureau of	2367
investigation records.	2368

(c) The criminal records check submitted by the applicant	2369
indicates that the applicant has not been convicted of, has not	2370
pleaded guilty to, and has not had a judicial finding of guilt for	2371
violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,	2372
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the	2373
Revised Code or a substantially similar law of another state, the	2374
United States, or another country.	2375

(d) The board determines that the applicant has not committed	2376
any act that is grounds for disciplinary action under section	2377
3123.47 or 4723.28 of the Revised Code, or determines that an	2378
applicant who has committed such actsany act that is grounds for	2379
disciplinary action under either section has made restitution or	2380
has been rehabilitated, or both. The	2381

(3) The board is not required to afford an adjudication to	2382
an individual to whom it has refused to grant a license because of	2383
that individual's failure to pass the examination.	2384

(B) An application for license by endorsement to practice	2385
nursing as a registered nurse or as a licensed practical nurse	2386
shall be submitted to the board in the form prescribed by rules of	2387
the board and shall be accompanied by the application fee required	2388
by section 4723.08 of the Revised Code. The application shall	2389
include evidence that the applicant holds a license in good	2390
standing in another jurisdiction granted after passing an	2391
examination approved by the board of that jurisdiction that is	2392
equivalent to the examination requirements under this chapter for	2393
a license to practice nursing as a registered nurse or licensed	2394
practical nurse, and shall include other information required by	2395
rules of the board of nursing. The board shall grant a license by	2396
endorsement if the applicant is licensed or certified by another	2397
jurisdiction and the board determines, pursuant to rules	2398
established under section 4723.07 of the Revised Code, that all of	2399
the following apply:	2400

(1) The educational preparation of the applicant is	2401
substantially similar to the minimum curricula and standards for	2402
nursing education programs established by the board under section	2403
4723.07 of the Revised Code;.	2404

(2) The examination, at the time it is successfully	2405
completed, is equivalent to the examination requirements in effect	2406
at that time for applicants who were licensed by examination in	2407
this state;.	2408

(3) The applicant has submitted the results of a criminal	2409
background check completed by the bureau of criminal	2410
identification and investigation that includes a check of federal	2411
bureau of investigation records.	2412

(4) The criminal records check submitted by the applicant	2413
indicates that the applicant has not been convicted of, has not	2414
pleaded guilty to, and has not had a judicial finding of guilt for	2415
violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,	2416
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the	2417
Revised Code or a substantially similar law of another state, the	2418
United States, or another country.	2419

(5) The applicant has not committed any act that is grounds	2420
for disciplinary action under section 3123.47, 4723.28, or	2421
4723.281 of the Revised Code, or the board determines that an	2422
applicant who has committed such actsany act that is grounds for	2423
disciplinary action under any of those sections has made	2424
restitution or has been rehabilitated, or both.	2425

The board may grant a nonrenewable temporary permit to	2426
practice nursing as a registered nurse or as a licensed practical	2427
nurse to an applicant for license by endorsement if the board is	2428
satisfied by the evidence that the applicant holds a current,	2429
active license in good standing in another jurisdiction. The	2430
temporary permit shall expire at the earlier of one hundred twenty	2431
eighty days after issuance or upon the issuance of a license by	2432
endorsement.	2433

(C) The bureau of criminal identification and investigation	2434
shall conduct a criminal records check of an applicant under this	2435
section if the applicant requests a criminal records check of the	2436
applicant and pays to the bureau a fee for the criminal records	2437
check that the bureau establishes. The fee shall not exceed the	2438
actual cost of conducting the criminal records check. An	2439
applicant requesting a criminal records check under this division	2440
shall ask the superintendent of the bureau of criminal	2441
identification and investigation to also request the federal	2442
bureau of investigation to provide the superintendent with any	2443
information it has with respect to the applicant.	2444

Sec. 4723.28.  (A) The board of nursing, by a vote of a	2445
quorum, may revoke or may refuse to grant a nursing license,	2446
certificate of authority, or dialysis technician certificate to a	2447
person found by the board to have committed fraud in passing an	2448
examination required to obtain the license, certificate of	2449
authority, or dialysis technician certificate or to have committed	2450
fraud, misrepresentation, or deception in applying for or securing	2451
any nursing license, certificate of authority, or dialysis	2452
technician certificate issued by the board.	2453

(B) TheSubject to division (N) of this section, the board of	2454
nursing, and by a vote of a quorum, may impose one or more of the	2455
following sanctions: deny, revoke, suspend, or place restrictions	2456
on any nursing license, certificate of authority, or dialysis	2457
technician certificate issued by the board; reprimand or otherwise	2458
discipline a holder of a nursing license, certificate of	2459
authority, or dialysis technician certificate; or impose a fine of	2460
not more than five hundred dollars per violation. The sanctions	2461
may be imposed for any of the following:	2462

(1) Denial, revocation, suspension, or restriction of	2463
authority to practice a health care occupation, including nursing	2464
or practice as a dialysis technician, for any reason other than a	2465
failure to renew, in Ohio or another state or jurisdiction;	2466

(2) Engaging in the practice of nursing or engaging in	2467
practice as a dialysis technician, having failed to renew a	2468
nursing license or dialysis technician certificate issued under	2469
this chapter, or while a nursing license or dialysis technician	2470
certificate is under suspension;	2471

(3) Conviction of, a plea of guilty to, a judicial finding	2472
of guilt of, a judicial finding of guilt resulting from a plea of	2473
no contest to, or a judicial finding of eligibility for	2474
intervention in lieu of conviction for, a misdemeanor committed in	2475
the course of practice;	2476

(4) Conviction of, a plea of guilty to, a judicial finding	2477
of guilt of, a judicial finding of guilt resulting from a plea of	2478
no contest to, or a judicial finding of eligibility for	2479
intervention in lieu of conviction for, any felony or of any crime	2480
involving gross immorality or moral turpitude;	2481

(5) Selling, giving away, or administering drugs or	2482
therapeutic devices for other than legal and legitimate	2483
therapeutic purposes; or conviction of, a plea of guilty to, a	2484
judicial finding of guilt of, a judicial finding of guilt	2485
resulting from a plea of no contest to, or a judicial finding of	2486
eligibility for intervention in lieu of conviction for, violating	2487
any municipal, state, county, or federal drug law;	2488

(6) Conviction of, a plea of guilty to, a judicial finding	2489
of guilt of, a judicial finding of guilt resulting from a plea of	2490
no contest to, or a judicial finding of eligibility for	2491
intervention in lieu of conviction for, an act in another	2492
jurisdiction that would constitute a felony or a crime of moral	2493
turpitude in Ohio;	2494

(7) Conviction of, a plea of guilty to, a judicial finding	2495
of guilt of, a judicial finding of guilt resulting from a plea of	2496
no contest to, or a judicial finding of eligibility for	2497
intervention in lieu of conviction for, an act in the course of	2498
practice in another jurisdiction that would constitute a	2499
misdemeanor in Ohio;	2500

(8) Self-administering or otherwise taking into the body any	2501
dangerous drug, as defined in section 4729.01 of the Revised Code,	2502
in any way not in accordance with a legal, valid presription	2503
prescription issued for that individual;	2504

(9) Habitual indulgence in the use of controlled substances,	2505
other habit-forming drugs, or alcohol or other chemical substances	2506
to an extent that impairs ability to practice;	2507

(10) Impairment of the ability to practice according to	2508
acceptable and prevailing standards of safe nursing care because	2509
of habitual or excessive use of drugs, alcohol, or other chemical	2510
substances that impair the ability to practice;	2511

(11) Impairment of the ability to practice according to	2512
acceptable and prevailing standards of safe nursing care because	2513
of a physical or mental disability;	2514

(12) Assaulting or causing harm to a patient or depriving a	2515
patient of the means to summon assistance;	2516

(13) Obtaining or attempting to obtain money or anything of	2517
value by intentional misrepresentation or material deception in	2518
the course of practice;	2519

(14) Adjudication by a probate court of being mentally ill	2520
or mentally incompetent. The board may restore the person's	2521
nursing license or dialysis technician certificate upon	2522
adjudication by a probate court of the person's restoration to	2523
competency or upon submission to the board of other proof of	2524
competency.	2525

(15) The suspension or termination of employment by the	2526
department of defense or the veterans administration of the United	2527
States for any act that violates or would violate this chapter;	2528

(16) Violation of this chapter or any rules adopted under	2529
it;	2530

(17) Violation of any restrictions placed on a nursing	2531
license or dialysis technician certificate by the board;	2532

(18) Failure to use universal blood and body fluid	2533
precautions established by rules adopted under section 4723.07 of	2534
the Revised Code;	2535

(19) Failure to practice in accordance with acceptable and	2536
prevailing standards of safe nursing care or safe dialysis care;	2537

(20) In the case of a registered nurse, engaging in	2538
activities that exceed the practice of nursing as a registered	2539
nurse;	2540

(21) In the case of a licensed practical nurse, engaging in	2541
activities that exceed the practice of nursing as a licensed	2542
practical nurse;	2543

(22) In the case of a dialysis technician, engaging in	2544
activities that exceed those permitted under section 4723.72 of	2545
the Revised Code;	2546

(23) Aiding and abetting a person in that person's practice	2547
of nursing without a license or practice as a dialysis technician	2548
without a certificate issued under this chapter;	2549

(24) In the case of a certified registered nurse	2550
anesthetist, clinical nurse specialist, certified nurse-midwife,	2551
certified nurse practitioner, or advanced practice nurse, except	2552
as provided in division (M) of this section, either of the	2553
following:	2554

(a) Waiving the payment of all or any part of a deductible	2555
or copayment that a patient, pursuant to a health insurance or	2556
health care policy, contract, or plan that covers such nursing	2557
services, would otherwise be required to pay if the waiver is used	2558
as an enticement to a patient or group of patients to receive	2559
health care services from that provider;	2560

(b) Advertising that the nurse will waive the payment of all	2561
or any part of a deductible or copayment that a patient, pursuant	2562
to a health insurance or health care policy, contract, or plan	2563
that covers such nursing services, would otherwise be required to	2564
pay.	2565

(25) Failure to comply with the terms and conditions of	2566
participation in the chemical dependency monitoring program	2567
established under section 4723.35 of the Revised Code;	2568

(26) Failure to comply with the terms and conditions	2569
required under the practice intervention and improvement program	2570
established under section 4723.282 of the Revised Code;	2571

(27) In the case of a certified registered nurse	2572
anesthetist, clinical nurse specialist, certified nurse-midwife,	2573
or certified nurse practitioner:	2574

(a) Engaging in activities that exceed those permitted for	2575
the nurse's nursing specialty under section 4723.43 of the Revised	2576
Code;	2577

(b) Failure to meet the quality assurance standards	2578
established under section 4723.07 of the Revised Code.	2579

(28) In the case of a clinical nurse specialist, certified	2580
nurse-midwife, or certified nurse practitioner, failure to	2581
maintain a standard care arrangement in accordance with section	2582
4723.431 of the Revised Code or to practice in accordance with the	2583
standard care arrangement;	2584

(29) In the case of a clinical nurse specialist, certified	2585
nurse-midwife, or certified nurse practitioner who holds a	2586
certificate to prescribe issued under section 4723.48 of the	2587
Revised Code, failure to prescribe drugs and therapeutic devices	2588
in accordance with section 4723.481 of the Revised Code;	2589

(30) Prescribing any drug or device to perform or induce an	2590
abortion, or otherwise performing or inducing an abortion;	2591

(31) Failure to establish and maintain professional	2592
boundaries with a patient, as specified in rules adopted under	2593
section 4723.07 of the Revised Code;	2594

(32) Regardless of whether the contact or verbal behavior is	2595
consensual, engaging with a patient other than the spouse of the	2596
registered nurse, licensed practical nurse, or dialysis technician	2597
in any of the following:	2598

(a) Sexual contact, as defined in section 2907.01 of the	2599
Revised Code;	2600

(b) Verbal behavior that is sexually demeaning to the	2601
patient or may be reasonably interpreted by the patient as	2602
sexually demeaning.	2603

(C) Disciplinary actions taken by the board under divisions	2604
(A) and (B) of this section shall be taken pursuant to an	2605
adjudication conducted under Chapter 119. of the Revised Code,	2606
except that in lieu of a hearing, the board may enter into a	2607
consent agreement with an individual to resolve an allegation of a	2608
violation of this chapter or any rule adopted under it. A consent	2609
agreement, when ratified by a vote of a quorum, shall constitute	2610
the findings and order of the board with respect to the matter	2611
addressed in the agreement. If the board refuses to ratify a	2612
consent agreement, the admissions and findings contained in the	2613
agreement shall be of no effect.	2614

(D) The hearings of the board shall be conducted in	2615
accordance with Chapter 119. of the Revised Code, the board may	2616
appoint a hearing examiner, as provided in section 119.09 of the	2617
Revised Code, to conduct any hearing the board is authorized to	2618
hold under Chapter 119. of the Revised Code.	2619

In any instance in which the board is required under Chapter	2620
119. of the Revised Code to give notice of an opportunity for a	2621
hearing and the applicant or license holder does not make a timely	2622
request for a hearing in accordance with section 119.07 of the	2623
Revised Code, the board is not required to hold a hearing, but may	2624
adopt, by a vote of a quorum, a final order that contains the	2625
board's findings. In the final order, the board may order any of	2626
the sanctions listed in division (A) or (B) of this section.	2627

(E) If a criminal action is brought against a registered	2628
nurse, licensed practical nurse, or dialysis technician for an act	2629
or crime described in divisions (B)(3) to (7) of this section and	2630
the action is dismissed by the trial court other than on the	2631
merits, the board shall conduct an adjudication to determine	2632
whether the registered nurse, licensed practical nurse, or	2633
dialysis technician committed the act on which the action was	2634
based. If the board determines on the basis of the adjudication	2635
that the registered nurse, licensed practical nurse, or dialysis	2636
technician committed the act, or if the registered nurse, licensed	2637
practical nurse, or dialysis technician fails to participate in	2638
the adjudication, the board may take action as though the	2639
registered nurse, licensed practical nurse, or dialysis technician	2640
had been convicted of the act.	2641

If the board takes action on the basis of a conviction, plea,	2642
or a judicial finding as described in divisions (B)(3) to (7) of	2643
this section that is overturned on appeal, the registered nurse,	2644
licensed practical nurse, or dialysis technician may, on	2645
exhaustion of the appeal process, petition the board for	2646
reconsideration of its action. On receipt of the petition and	2647
supporting court documents, the board shall temporarily rescind	2648
its action. If the board determines that the decision on appeal	2649
was a decision on the merits, it shall permanently rescind its	2650
action. If the board determines that the decision on appeal was	2651
not a decision on the merits, it shall conduct an adjudication	2652
to determine whether the registered nurse, licensed practical	2653
nurse, or dialysis technician committed the act on which the	2654
original conviction, plea, or judicial finding was based. If the	2655
board determines on the basis of the adjudication that the	2656
registered nurse, licensed practical nurse, or dialysis technician	2657
committed such act, or if the registered nurse, licensed practical	2658
nurse, or dialysis technician does not request an adjudication,	2659
the board shall reinstate its action; otherwise, the board shall	2660
permanently rescind its action.	2661

Notwithstanding the provision of division (C)(2) of section	2662
2953.32 of the Revised Code specifying that if records pertaining	2663
to a criminal case are sealed under that section the proceedings	2664
in the case shall be deemed not to have occurred, sealing of the	2665
records of a conviction on which the board has based an action	2666
under this section shall have no effect on the board's action or	2667
any sanction imposed by the board under this section.	2668

The board shall not be required to seal, destroy, redact, or	2669
otherwise modify its records to reflect the court's sealing of	2670
conviction records.	2671

(F) The board may investigate an individual's criminal	2672
background in performing its duties under this section.	2673

(G) During the course of an investigation conducted under	2674
this section, the board may compel any registered nurse, licensed	2675
practical nurse, or dialysis technician or applicant under this	2676
chapter to submit to a mental or physical examination, or both, as	2677
required by the board and at the expense of the individual, if the	2678
board finds reason to believe that the individual under	2679
investigation may have a physical or mental impairment that may	2680
affect the individual's ability to provide safe nursing care.	2681
Failure of any individual to submit to a mental or physical	2682
examination when directed constitutes an admission of the	2683
allegations, unless the failure is due to circumstances beyond the	2684
individual's control, and a default and final order may be entered	2685
without the taking of testimony or presentation of evidence.	2686

If the board finds that an individual is impaired, the board	2687
shall require the individual to submit to care, counseling, or	2688
treatment approved or designated by the board, as a condition for	2689
initial, continued, reinstated, or renewed authority to practice.	2690
The individual shall be afforded an opportunity to demonstrate to	2691
the board that the individual can begin or resume the individual's	2692
occupation in compliance with acceptable and prevailing standards	2693
of care under the provisions of the individual's authority to	2694
practice.	2695

For purposes of this division, any registered nurse,	2696
licensed practical nurse, or dialysis technician or applicant	2697
under this chapter shall be deemed to have given consent to submit	2698
to a mental or physical examination when directed to do so in	2699
writing by the board, and to have waived all objections to the	2700
admissibility of testimony or examination reports that constitute	2701
a privileged communication.	2702

(H) The board shall investigate evidence that appears to	2703
show that any person has violated any provision of this chapter or	2704
any rule of the board. Any person may report to the board any	2705
information the person may have that appears to show a violation	2706
of any provision of this chapter or rule of the board. In the	2707
absence of bad faith, any person who reports such information or	2708
who testifies before the board in any adjudication conducted under	2709
Chapter 119. of the Revised Code shall not be liable for civil	2710
damages as a result of the report or testimony.	2711

(I) All of the following apply under this chapter with	2712
respect to the confidentiality of information:	2713

(1) Information received by the board pursuant to an	2714
investigation is confidential and not subject to discovery in any	2715
civil action, except that the board may disclose information to	2716
law enforcement officers and government entities investigating a	2717
registered nurse, licensed practical nurse, or dialysis technician	2718
or a person who may have engaged in the unauthorized practice of	2719
nursing. No law enforcement officer or government entity with	2720
knowledge of any information disclosed by the board pursuant to	2721
this division shall divulge the information to any other person or	2722
government entity except for the purpose of an adjudication by a	2723
court or licensing or registration board or officer to which the	2724
person to whom the information relates is a party.	2725

(2) If an investigation requires a review of patient	2726
records, the investigation and proceeding shall be conducted in	2727
such a manner as to protect patient confidentiality.	2728

(3) All adjudications and investigations of the board shall	2729
be considered civil actions for the purposes of section 2305.251	2730
of the Revised Code.	2731

(4) Any board activity that involves continued monitoring of	2732
an individual as part of or following any disciplinary action	2733
taken under this section shall be conducted in a manner that	2734
maintains the individual's confidentiality. Information received	2735
or maintained by the board with respect to the board's monitoring	2736
activities is confidential and not subject to discovery in any	2737
civil action.	2738

(J) Any action taken by the board under this section	2739
resulting in a suspension from practice shall be accompanied by a	2740
written statement of the conditions under which the person may be	2741
reinstated to practice.	2742

(K) When the board refuses to grant a license or certificate	2743
to an applicant, revokes a license or certificate, or refuses to	2744
reinstate a license or certificate, the board may specify that its	2745
action is permanent. An individual subject to permanent action	2746
taken by the board is forever ineligible to hold a license or	2747
certificate of the type that was refused or revoked and the board	2748
shall not accept from the individual an application for	2749
reinstatement of the license or certificate or for a new license	2750
or certificate.	2751

(L) No unilateral surrender of a nursing license,	2752
certificate of authority, or dialysis technician certificate	2753
issued under this chapter shall be effective unless accepted by	2754
majority vote of the board. No application for a nursing license,	2755
certificate of authority, or dialysis technician certificate	2756
issued under this chapter may be withdrawn without a majority vote	2757
of the board. The board's jurisdiction to take disciplinary	2758
action under this section is not removed or limited when an	2759
individual has a license or certificate classified as inactive or	2760
fails to renew a license or certificate.	2761

(M) Sanctions shall not be imposed under division (B)(24) of	2762
this section against any licensee who waives deductibles and	2763
copayments as follows:	2764

(1) In compliance with the health benefit plan that	2765
expressly allows such a practice. Waiver of the deductibles or	2766
copayments shall be made only with the full knowledge and consent	2767
of the plan purchaser, payer, and third-party administrator.	2768
Documentation of the consent shall be made available to the board	2769
upon request.	2770

(2) For professional services rendered to any other person	2771
licensed pursuant to this chapter to the extent allowed by this	2772
chapter and the rules of the board.	2773

(N)(1) The board shall refuse to grant a license to practice	2774
nursing as a registered nurse or as a licensed practical nurse	2775
under section 4723.09 of the Revised Code to a person whose	2776
criminal record check performed in accordance with division (C) of	2777
that section indicates that the person has pleaded guilty to, been	2778
convicted of, or has had a judicial finding of guilt for violating	2779
section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02,	2780
2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code	2781
or a substantially similar law of another state, the United	2782
States, or another country.	2783

(2) The board shall refuse to grant a certificate to	2784
practice as a dialysis technician under section 4723.75 of the	2785
Revised Code to a person whose criminal record check performed in	2786
accordance with division (C) of that section indicates that the	2787
person has pleaded guilty to, been convicted of, or has had a	2788
judicial finding of guilt for violating section 2903.01, 2903.02,	2789
2903.03, 2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02,	2790
2911.01, or 2911.11 of the Revised Code or a substantially similar	2791
law of another state, the United States, or another country.	2792

Sec. 4723.75.  (A) The board of nursing shall issue a	2793
certificate to practice as a dialysis technician to a person who	2794
meets all of the following requirements:	2795

(1) The person applies to the board in accordance with rules	2796
adopted under section 4723.79 of the Revised Code and includes	2797
with the application the fee established in those rules.	2798

(2) The person is eighteen years of age or older and	2799
possesses a high school diploma or high school equivalence	2800
diploma.	2801

(3) The person meets the requirements established by the	2802
board's rules.	2803

(4) The person demonstrates competency to practice as a	2804
dialysis technician, as specified under division (B) of this	2805
section.	2806

(5) The person has submitted the results of a criminal	2807
background check completed by the bureau of criminal	2808
identification and investigation that includes a check of federal	2809
bureau of investigation records.	2810

(6) The criminal records check submitted by the person	2811
indicates that the person has not been convicted of, has not	2812
pleaded guilty to, and has not had a judicial finding of guilt for	2813
violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,	2814
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the	2815
Revised Code or a substantially similar law of another state, the	2816
United States, or another country.	2817

(B) For a person to demonstrate competence to practice as a	2818
dialysis technician, one of the following must apply:	2819

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

2820

(a) The person has successfully completed a dialysis	2821
training program approved by the board under section 4723.74 of	2822
the Revised Code.	2823

(b) The person has been employed to perform dialysis care by	2824
a dialysis provider for not less than twelve months prior to the	2825
date of application.	2826

(c) The person passes a certification examination	2827
demonstrating competence to perform dialysis care. The person	2828
must pass the examination not later than eighteen months after	2829
entering a dialysis training program approved by the board under	2830
section 4723.74 of the Revised Code. A person who does not pass	2831
the examination within eighteen months after entering a dialysis	2832
training program must repeat and successfully complete the	2833
training program, or successfully complete another dialysis	2834
training program approved by the board, and pass the examination	2835
not less than six months after entering the new or repeated	2836
program. A person who does not pass the examination within six	2837
months after entering the new or repeated program must wait at	2838
least one year before entering or reentering any dialysis training	2839
program approved by the board, after which the person must	2840
successfully complete a dialysis training program approved by the	2841
board and pass the examination not later than six months after	2842
entering the program.	2843

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

2844

(a) The person holds, on the effective date of this section	2845
December24, 2000, a current, valid certificate from a qualifying	2846
testing organization specified by the board under division (B) of	2847
section 4723.751 of the Revised Code or provides evidence	2848
satisfactory to the board of having passed the examination of a	2849
qualifying testing organization not longer than five years prior	2850
to the effective date of this sectionDecember24, 2000.	2851

(b) The dialysis provider who employs the person provides	2852
the board with the information specified in rules adopted under	2853
section 4723.79 of the Revised Code attesting to the person's	2854
competence to perform dialysis care.	2855

(3) The person submits evidence satisfactory to the board	2856
that the person holds a current, valid license, certificate, or	2857
other authorization to perform dialysis care issued by another	2858
state that has standards for dialysis technicians that the board	2859
considers substantially similar to those established under	2860
sections 4723.71 to 4723.79 of the Revised Code.	2861

(C) The bureau of criminal identification and investigation	2862
shall conduct a criminal records check of a person applying to be	2863
certified to practice as a dialysis technician under this section	2864
if the person requests a criminal records check of the person and	2865
pays to the bureau a fee for the criminal records check that the	2866
bureau establishes. The fee shall not exceed the actual cost of	2867
conducting the criminal records check. A person requesting a	2868
criminal records check under this division shall ask the	2869
superintendent of the bureau of criminal identification and	2870
investigation to also request the federal bureau of investigation	2871
to provide the superintendent with any information it has with	2872
respect to the person.	2873

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

2874

(1) "Certificate of high school equivalence" means a	2875
statement that is issued by the state board of education or an	2876
equivalent agency of another state and that indicates that its	2877
holder has achieved the equivalent of a high school education as	2878
measured by scores obtained on the tests of general educational	2879
development published by the American council on education.	2880

(2) "Certificate of adult basic education" means a statement	2881
that is issued by the department of rehabilitation and correction	2882
through the Ohio central school system approved by the state board	2883
of education and that indicates that its holder has achieved a 6.0	2884
grade level, or higher, as measured by scores of nationally	2885
standardized or recognized tests.	2886

(3) "Deadly weapon" and "firearm" have the same meanings as	2887
in section 2923.11 of the Revised Code.	2888

(4) "Eligible offender" means a person, other than one who	2889
is ineligible to participate in an intensive program prison under	2890
the criteria specified in section 5120.032 of the Revised Code,	2891
who has been convicted of or pleaded guilty to, and has been	2892
sentenced for, a felony.	2893

(5) "Shock incarceration" means the program of incarceration	2894
that is established pursuant to the rules of the department of	2895
rehabilitation and correction adopted under this section.	2896

(B)(1) The director of rehabilitation and correction, by	2897
rules adopted under Chapter 119. of the Revised Code, shall	2898
establish a pilot program of shock incarceration that may be used	2899
for eligible offenders who are sentenced to serve a term of	2900
imprisonment under the custody of the department of rehabilitation	2901
and correction, whom the department determines to be eligible	2902
offenders, and whom the department, subject to the approval of the	2903
sentencing judge, may permit to serve their sentence as a sentence	2904
of shock incarceration in accordance with this section.	2905

(2) The rules for the pilot program shall require that the	2906
program be established at an appropriate state correctional	2907
institution designated by the director and that the program	2908
consist of both of the following for each eligible offender whom	2909
the department, with the approval of the sentencing judge, permits	2910
to serve the eligible offender's sentence as a sentence of shock	2911
incarceration:	2912

(a) A period of imprisonment at that institution of ninety	2913
days that shall consist of a military style combination of	2914
discipline, physical training, and hard labor and substance abuse	2915
education, employment skills training, social skills training, and	2916
psychological treatment. During the ninety-day period, the	2917
department may permit an eligible offender to participate in a	2918
self-help program. Additionally, during the ninety-day period, an	2919
eligible offender who holds a high school diploma or a certificate	2920
of high school equivalence may be permitted to tutor other	2921
eligible offenders in the shock incarceration program. If an	2922
eligible offender does not hold a high school diploma or	2923
certificate of high school equivalence, the eligible offender may	2924
elect to participate in an education program that is designed to	2925
award a certificate of adult basic education or an education	2926
program that is designed to award a certificate of high school	2927
equivalence to those eligible offenders who successfully complete	2928
the education program, whether the completion occurs during or	2929
subsequent to the ninety-day period. To the extent possible, the	2930
department shall use as teachers in the education program persons	2931
who have been issued a license pursuant to sections 3319.22 to	2932
3319.31 of the Revised Code, who have volunteered their services	2933
to the education program, and who satisfy any other criteria	2934
specified in the rules for the pilot project.	2935

(b) Immediately following the ninety-day period of	2936
imprisonment, and notwithstanding any other provision governing	2937
the early release of a prisoner from imprisonment or the transfer	2938
of a prisoner to transitional control, one of the following, as	2939
determined by the director:	2940

(i) An intermediate, transitional type of detention for the	2941
period of time determined by the director and, immediately	2942
following the intermediate, transitional type of detention, a	2943
release under a post-release control sanction imposed in	2944
accordance with section 2967.28 of the Revised Code. The period	2945
of intermediate, transitional type of detention imposed by the	2946
director under this division may be in a halfway house, in a	2947
community-based correctional facility and program or district	2948
community-based correctional facility and program established	2949
under sections 2301.51 to 2301.56 of the Revised Code, or in any	2950
other facility approved by the director that provides for	2951
detention to serve as a transition between imprisonment in a state	2952
correctional institution and release from imprisonment.	2953

(ii) A release under a post-release control sanction imposed	2954
in accordance with section 2967.28 of the Revised Code.	2955

(3) The rules for the pilot program also shall include, but	2956
are not limited to, all of the following:	2957

(a) Rules identifying the locations within the state	2958
correctional institution designated by the director that will be	2959
used for eligible offenders serving a sentence of shock	2960
incarceration;	2961

(b) Rules establishing specific schedules of discipline,	2962
physical training, and hard labor for eligible offenders serving a	2963
sentence of shock incarceration, based upon the offender's	2964
physical condition and needs;	2965

(c) Rules establishing standards and criteria for the	2966
department to use in determining which eligible offenders the	2967
department will permit to serve their sentence of imprisonment as	2968
a sentence of shock incarceration;	2969

(d) Rules establishing guidelines for the selection of	2970
post-release control sanctions for eligible offenders;	2971

(e) Rules establishing procedures for notifying sentencing	2972
courts of the performance of eligible offenders serving their	2973
sentences of imprisonment as a sentence of shock incarceration;	2974

(f) Any other rules that are necessary for the proper	2975
conduct of the pilot program.	2976

(C)(1) If an offender is sentenced to a term of imprisonment	2977
under the custody of the department, if the sentencing court	2978
determined that the offender is eligible for placement in a	2979
program of shock incarceration under this section, and if the	2980
sentencing court either recommends the offender for placement in a	2981
program of shock incarceration under this section or makes no	2982
recommendation on placement of the offender, and if the department	2983
determines that the offender is an eligible offender for placement	2984
in a program of shock incarceration under this section, the	2985
department may permit the eligible offender to serve the sentence	2986
in a program of shock incarceration, in accordance with division	2987
(K) of section 2929.14 of the Revised Code, with this section, and	2988
with the rules adopted under this section. If the sentencing court	2989
disapproves placement of the offender in a program of shock	2990
incarceration, the department shall not place the offender in any	2991
program of shock incarceration.	2992

If the sentencing court recommends the offender for placement	2993
in a program of shock incarceration and if the department	2994
subsequently places the offender in the recommended program, the	2995
department shall notify the court of the offender's placement in	2996
the recommended program and shall include with the notice a brief	2997
description of the placement.	2998

If the sentencing court approvesrecommends placement of the	2999
offender in a program of shock incarceration and the department	3000
for any reason does not subsequently place the offender in the	3001
recommended program, the department shall send a notice to the	3002
court indicating why the offender was not placed in the	3003
recommended program.	3004

If the sentencing court does not make a recommendation on the	3005
placement of an eligible offender in a program of shock	3006
incarceration and if the department determines that the offender	3007
is an eligible offender for placement in a program of that nature,	3008
the department shall screen the offender and determine if the	3009
offender is suited for the program of shock incarceration. If the	3010
offender is suited for the program of shock incarceration, at	3011
least three weeks prior to permitting an eligible offender to	3012
serve the sentence in a program of shock incarceration, the	3013
department shall notify the sentencing court of the proposed	3014
placement of the offender in the program and shall include with	3015
the notice a brief description of the placement. The court shall	3016
have ten days from receipt of the notice to disapprove the	3017
placement. If the sentencing court disapproves of the placement,	3018
the department shall not permit the eligible offender to serve the	3019
sentence in a program of shock incarceration. If the judge does	3020
not timely disapprove of placement of the offender in the program	3021
of shock incarceration, the department may proceed with plans for	3022
placement of the offender.	3023

If the sentencing court determineddepartment determines that	3024
the offender is not eligible for placement in a program of shock	3025
incarceration or if the sentencing court disapproves placement of	3026
the offender in a program of that nature, the department of	3027
rehabilitation and correction shall not place the offender in any	3028
program of shock incarceration.	3029

(2) If the department permits an eligible offender to serve	3030
the eligible offender's sentence of imprisonment as a sentence of	3031
shock incarceration and the eligible offender does not	3032
satisfactorily complete the entire period of imprisonment	3033
described in division (B)(2)(a) of this section, the offender	3034
shall be removed from the pilot program for shock incarceration	3035
and shall be required to serve the remainder of the offender's	3036
sentence of imprisonment imposed by the sentencing court as a	3037
regular term of imprisonment. If the eligible offender commences	3038
a period of post-release control described in division (B)(2)(b)	3039
of this section and violates the conditions of that post-release	3040
control, the eligible offender shall be subject to the provisions	3041
of sections 2929.14, 2967.15, and 2967.28 of the Revised Code	3042
regarding violation of post-release control sanctions.	3043

(3) If an eligible offender's stated prison term expires at	3044
any time during the eligible offender's participation in the shock	3045
incarceration program, the adult parole authority shall terminate	3046
the eligible offender's participation in the program and shall	3047
issue to the eligible offender a certificate of expiration of the	3048
stated prison term.	3049

(D) The director shall keep sentencing courts informed of	3050
the performance of eligible offenders serving their sentences of	3051
imprisonment as a sentence of shock incarceration, including, but	3052
not limited to, notice of eligible offenders who fail to	3053
satisfactorily complete their entire sentence of shock	3054
incarceration or who satisfactorily complete their entire sentence	3055
of shock incarceration.	3056

(E) Within a reasonable period of time after November 20,	3057
1990, the director shall appoint a committee to search for one or	3058
more suitable sites at which one or more programs of shock	3059
incarceration, in addition to the pilot program required by	3060
division (B)(1) of this section, may be established. The search	3061
committee shall consist of the director or the director's	3062
designee, as chairperson; employees of the department of	3063
rehabilitation and correction appointed by the director; and any	3064
other persons that the director, in the director's discretion,	3065
appoints. In searching for such sites, the search committee shall	3066
give preference to any site owned by the state or any other	3067
governmental entity and to any existing structure that reasonably	3068
could be renovated, enlarged, converted, or remodeled for purposes	3069
of establishing such a program. The search committee shall	3070
prepare a report concerning its activities and, on the earlier of	3071
the day that is twelve months after the first day on which an	3072
eligible offender began serving a sentence of shock incarceration	3073
under the pilot program or January 1, 1992, shall file the report	3074
with the president and the minority leader of the senate, the	3075
speaker and the minority leader of the house of representatives,	3076
the members of the senate who were members of the senate judiciary	3077
committee in the 118th general assembly or their successors, and	3078
the members of the house of representatives who were members of	3079
the select committee to hear drug legislation that was established	3080
in the 118th general assembly or their successors. Upon the	3081
filing of the report, the search committee shall terminate. The	3082
report required by this division shall contain all of the	3083
following:	3084

(1) A summary of the process used by the search committee in	3085
performing its duties under this division;	3086

(2) A summary of all of the sites reviewed by the search	3087
committee in performing its duties under this division, and the	3088
benefits and disadvantages it found relative to the establishment	3089
of a program of shock incarceration at each such site;	3090

(3) The findings and recommendations of the search committee	3091
as to the suitable site or sites, if any, at which a program of	3092
shock incarceration, in addition to the pilot program required by	3093
division (B)(1) of this section, may be established.	3094

(F) The director periodically shall review the pilot program	3095
for shock incarceration required to be established by division	3096
(B)(1) of this section. The director shall prepare a report	3097
relative to the pilot program and, on the earlier of the day that	3098
is twelve months after the first day on which an eligible offender	3099
began serving a sentence of shock incarceration under the pilot	3100
program or January 1, 1992, shall file the report with the	3101
president and the minority leader of the senate, the speaker and	3102
the minority leader of the house of representatives, the members	3103
of the senate who were members of the senate judiciary committee	3104
in the 118th general assembly or their successors, and the members	3105
of the house of representatives who were members of the select	3106
committee to hear drug legislation that was established in the	3107
118th general assembly or their successors. The pilot program	3108
shall not terminate at the time of the filing of the report, but	3109
shall continue in operation in accordance with this section. The	3110
report required by this division shall include all of the	3111
following:	3112

(1) A summary of the pilot program as initially established,	3113
a summary of all changes in the pilot program made during the	3114
period covered by the report and the reasons for the changes, and	3115
a summary of the pilot program as it exists on the date of	3116
preparation of the report;	3117

(2) A summary of the effectiveness of the pilot program, in	3118
the opinion of the director and employees of the department	3119
involved in its operation;	3120

(3) An analysis of the total cost of the pilot program, of	3121
its cost per inmate who was permitted to serve a sentence of shock	3122
incarceration and who served the entire sentence of shock	3123
incarceration, and of its cost per inmate who was permitted to	3124
serve a sentence of shock incarceration;	3125

(4) A summary of the standards and criteria used by the	3126
department in determining which eligible offenders were permitted	3127
to serve their sentence of imprisonment as a sentence of shock	3128
incarceration;	3129

(5) A summary of the characteristics of the eligible	3130
offenders who were permitted to serve their sentence of	3131
imprisonment as a sentence of shock incarceration, which summary	3132
shall include, but not be limited to, a listing of every offense	3133
of which any such eligible offender was convicted or to which any	3134
such eligible offender pleaded guilty and in relation to which the	3135
eligible offender served a sentence of shock incarceration, and	3136
the total number of such eligible offenders who were convicted of	3137
or pleaded guilty to each such offense;	3138

(6) A listing of the number of eligible offenders who were	3139
permitted to serve a sentence of shock incarceration and who did	3140
not serve the entire sentence of shock incarceration, and, to the	3141
extent possible, a summary of the length of the terms of	3142
imprisonment served by such eligible offenders after they were	3143
removed from the pilot program;	3144

(7) A summary of the effect of the pilot program on	3145
overcrowding at state correctional institutions;	3146

(8) To the extent possible, an analysis of the rate of	3147
recidivism of eligible offenders who were permitted to serve a	3148
sentence of shock incarceration and who served the entire sentence	3149
of shock incarceration;	3150

(9) Recommendations as to legislative changes to the pilot	3151
program that would assist in its operation or that could further	3152
alleviate overcrowding at state correctional institutions, and	3153
recommendations as to whether the pilot program should be	3154
expanded.	3155

Sec. 5120.032.  (A) No later than January 1, 1998, the	3156
department of rehabilitation and correction shall develop and	3157
implement intensive program prisons for male and female prisoners	3158
other than prisoners described in division (B)(2) of this section.	3159
The intensive program prisons shall include institutions at which	3160
imprisonment of the type described in division (B)(2)(a) of	3161
section 5120.031 of the Revised Code is provided and prisons that	3162
focus on educational achievement, vocational training, alcohol and	3163
other drug abuse treatment, community service and conservation	3164
work, and other intensive regimens or combinations of intensive	3165
regimens.	3166

(B)(1)(a) Except as provided in division (B)(2) of this	3167
section, if an offender is sentenced to a term of imprisonment	3168
under the custody of the department, if the sentencing court	3169
determines that a prisoner is eligible for placement in an	3170
intensive program prison under this section and the sentencing	3171
court either recommends the offenderprisoner for placement in the	3172
intensive program prison under this section or makes no	3173
recommendation on placement of the prisoner, and if the department	3174
determines that the prisoner is eligible for placement in an	3175
intensive program prison under this section, the department may	3176
place the prisoner in an intensive program prison established	3177
pursuant to division (A) of this section. If the sentencing court	3178
disapproves placement of the prisoner in an intensive program	3179
prison, the department shall not place the prisoner in any	3180
intensive program prison.	3181

If the sentencing court recommends a prisoner for placement	3182
in an intensive program prison and if the department subsequently	3183
places the prisoner in the recommended prison, the department	3184
shall notify the court of the prisoner's placement in the	3185
recommended intensive program prison and shall include with the	3186
notice a brief description of the placement.	3187

If the sentencing court approvesrecommends placement of a	3188
prisoner in an intensive program prison and the department for any	3189
reason does not subsequently place the offenderprisoner in the	3190
recommended prison, the department shall send a notice to the	3191
court indicating why the prisoner was not placed in the	3192
recommended prison.	3193

If the sentencing court does not make a recommendation on the	3194
placement of an eligiblea prisoner in an intensive program prison	3195
and if the department determines that the prisoner is eligible for	3196
placement in a prison of that nature, the department shall screen	3197
the prisoner and determine if the prisoner is suited for the	3198
prison. If the prisoner is suited for the intensive program	3199
prison, at least three weeks prior to placing the prisoner in the	3200
prison, the department shall notify the sentencing court of the	3201
proposed placement of the prisoner in the intensive program prison	3202
and shall include with the notice a brief description of the	3203
placement. The court shall have ten days from receipt of the	3204
notice to disapprove the placement. If the sentencing court	3205
disapproves the placement, the department shall not proceed with	3206
it. If the sentencing court does not timely disapprove of the	3207
placement, the department may proceed with plans for it.	3208

If the sentencing courtdepartment determines that a prisoner	3209
is not eligible for placement in an intensive program prison or if	3210
the sentencing court disapproves placement of an offender in a	3211
prison of that nature, the department of rehabilitation and	3212
correction shall not place the prisoner in any intensive program	3213
prison.	3214

(b) The department may reduce the stated prison term of a	3215
prisoner upon the prisoner's successful completion of a ninety-day	3216
period in an intensive program prison. A prisoner whose term has	3217
been so reduced shall be required to serve an intermediate,	3218
transitional type of detention followed by a release under	3219
post-release control sanctions or, in the alternative, shall be	3220
placed under post-release control sanctions, as described in	3221
division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In	3222
either case, the placement under post-release control sanctions	3223
shall be under terms set by the parole board in accordance with	3224
section 2967.28 of the Revised Code and shall be subject to the	3225
provisions of that section and section 2929.141 of the Revised	3226
Code with respect to a violation of any post-release control	3227
sanction.	3228

(2) A prisoner who is in any of the following categories is	3229
not eligible to participate in an intensive program prison	3230
established pursuant to division (A) of this section:	3231

(a) The prisoner is serving a prison term for aggravated	3232
murder, murder, or a felony of the first or second degree or a	3233
comparable offense under the law in effect prior to July 1, 1996,	3234
or the prisoner previously has been imprisoned for aggravated	3235
murder, murder, or a felony of the first or second degree or a	3236
comparable offense under the law in effect prior to July 1, 1996.	3237

(b) The prisoner is serving a mandatory prison term, as	3238
defined in section 2929.01 of the Revised Code.	3239

(c) The prisoner is serving a prison term for a felony of	3240
the third, fourth, or fifth degree that either is a sex offense,	3241
an offense betraying public trust, or an offense in which the	3242
prisoner caused or attempted to cause actual physical harm to a	3243
person, the prisoner is serving a prison term for a comparable	3244
offense under the law in effect prior to July 1, 1996, or the	3245
prisoner previously has been imprisoned for an offense of that	3246
type or a comparable offence offense under the law in effect prior	3247
to July 1, 1996.	3248

(d) The prisoner is serving a mandatory prison term in	3249
prison for a third or fouth fourth degree felony OMVI offense, as	3250
defined in section 2929.01 of the Revised Code, that was imposed	3251
pursuant to division (G)(2) of section 2929.13 of the Revised	3252
Code.	3253

(C) Upon the implementation of intensive program prisons	3254
pursuant to division (A) of this section, the department at all	3255
times shall maintain intensive program prisons sufficient in	3256
number to reduce the prison terms of at least three hundred fifty	3257
prisoners who are eligible for reduction of their stated prison	3258
terms as a result of their completion of a regimen in an intensive	3259
program prison under this section.	3260

Sec. 5120.033.  (A) As used in this section, "third degree	3261
felony OMVI offense" and "fourth degree felony OMVI offense" have	3262
the same meanings as in section 2929.01 of the Revised Code.	3263

(B) Within eighteen months after October 17, 1996, the	3264
department of rehabilitation and correction shall develop and	3265
implement intensive program prisons for male and female prisoners	3266
who are sentenced pursuant to division (G)(2) of section 2929.13	3267
of the Revised Code to a mandatory prison term for a third or	3268
fourth degree felony OMVI offense. The department shall contract	3269
pursuant to section 9.06 of the Revised Code for the private	3270
operation and management of the initial intensive program prison	3271
established under this section and may contract pursuant to that	3272
section for the private operation and management of any other	3273
intensive program prison established under this section. The	3274
intensive program prisons established under this section shall	3275
include prisons that focus on educational achievement, vocational	3276
training, alcohol and other drug abuse treatment, community	3277
service and conservation work, and other intensive regimens or	3278
combinations of intensive regimens.	3279

(C) Except as provided in division (D) of this section, the	3280
department may place a prisoner who is sentenced to a mandatory	3281
prison term for a third or fourth degree felony OMVI offense in an	3282
intensive program prison established pursuant to division (B) of	3283
this section if the sentencing judge, upon notification by the	3284
department of its intent to place the prisoner in an intensive	3285
program prison, does not notify the department that the judge	3286
disapproves the placement. If the stated prison term imposed on a	3287
prisoner who is so placed is longer than the mandatory prison term	3288
that is required to be imposed on the prisoner, the department may	3289
reduce the stated prison term upon the prisoner's successful	3290
completion of the prisoner's mandatory prison term in an intensive	3291
program prison. A prisoner whose term has been so reduced shall	3292
be required to serve an intermediate, transitional type of	3293
detention followed by a release under post-release control	3294
sanctions or, in the alternative, shall be placed under	3295
post-release control sanctions, as described in division	3296
(B)(2)(b)(ii) of section 5120.031 of the Revised Code. In either	3297
case, the placement under post-release control sanctions shall be	3298
under terms set by the parole board in accordance with section	3299
2967.28 of the Revised Code and shall be subject to the provisions	3300
of that section and section 2929.141 of the Revised Code with	3301
respect to a violation of any post-release control sanction. Upon	3302
the establishment of the initial intensive program prison pursuant	3303
to division (B) of this section that is privately operated and	3304
managed by a contractor pursuant to a contract entered into under	3305
section 9.06 of the Revised Code, the department shall comply with	3306
divisions (G)(2)(a) and (b) of section 2929.13 of the Revised Code	3307
in placing prisoners in intensive program prisons under this	3308
section.	3309

(D) A prisoner who is sentenced to a mandatory prison term	3310
for a third or fourth degree felony OMVI offense is not eligible	3311
to participate in an intensive program prison established under	3312
division (B) of this section if any of the following applies	3313
regarding the prisoner:	3314

(1) In addition to the mandatory prison term for the third	3315
or fourth degree felony OMVI offense, the prisoner also is serving	3316
a prison term of a type described in division (B)(2)(a), (b), or	3317
(c) of section 5120.032 of the Revised Code.	3318

(2) The prisoner previously has been imprisoned for an	3319
offense of a type described in division (B)(2)(a) or (c) of	3320
section 5120.032 of the Revised Code or a comparable offense under	3321
the law in effect prior to July 1, 1996.	3322

(E) Intensive program prisons established under division (B)	3323
of this section are not subject to section 5120.032 of the Revised	3324
Code.	3325

Sec. 5145.01.  Courts shall impose sentences to a state	3326
correctional institution for felonies pursuant to sections 2929.13	3327
and 2929.14 of the Revised Code. All prison terms may be ended in	3328
the manner provided by law, but no prison term shall exceed the	3329
maximum term provided for the felony of which the prisoner was	3330
convicted as extended pursuant to section 2929.141, 2967.11, or	3331
2967.28 of the Revised Code.	3332

If a prisoner is sentenced for two or more separate felonies,	3333
the prisoner's term of imprisonment shall run as a concurrent	3334
sentence, except if the consecutive sentence provisions of	3335
sections 2929.14 and 2929.41 of the Revised Code apply. If	3336
sentenced consecutively, for the purposes of sections 5145.01 to	3337
5145.27 of the Revised Code, the prisoner shall be held to be	3338
serving one continuous term of imprisonment.	3339

If a court imposes a sentence to a state correctional	3340
institution for a felony of the fourth or fifth degree, the	3341
department of rehabilitation and correction, notwithstanding the	3342
court's designation of a state correctional institution as the	3343
place of service of the sentence, may designate that the person	3344
sentenced is to be housed in a county, multicounty, municipal,	3345
municipal-county, or multicounty-municipal jail or workhouse if	3346
authorized pursuant to section 5120.161 of the Revised Code.	3347

If, through oversight or otherwise, a person is sentenced to	3348
a state correctional institution under a definite term for an	3349
offense for which a definite term of imprisonment is not provided	3350
by statute, the sentence shall not thereby become void, but the	3351
person shall be subject to the liabilities of such sections and	3352
receive the benefits thereof, as if the person had been sentenced	3353
in the manner required by this section.	3354

As used in this section, "prison term" has the same meaning	3355
as in section 2929.01 of the Revised Code.	3356

Section 2. That existing sections 181.25, 2919.25, 2921.34,	3357
2925.23, 2925.36, 2929.01, 2929.12, 2929.13, 2929.14, 2929.19,	3358
2929.20, 2951.041, 2967.16, 2967.28, 3719.21, 4723.09, 4723.28,	3359
4723.75, 5120.031, 5120.032, 5120.033, and 5145.01 of the Revised	3360
Code are hereby repealed.	3361

Section 3. Persons enrolled in and actively pursuing	3362
completion of a prelicensure nursing education program upon the	3363
effective date of this act may apply for licensure under section	3364
4723.09 of the Revised Code, as amended by this act. The Board of	3365
Nursing may deny, but is not required to deny, the application in	3366
accordance with the amendments to sections 4723.09 and 4723.28 of	3367
the Revised Code made by this act.	3368

Section 4. Section 2919.25 of the Revised Code is presented	3369
in this act as a composite of the section as amended by both H.B.	3370
238 and Am. Sub. S.B. 1 of the 122nd General Assembly. Section	3371
2921.34 of the Revised Code is presented in this act as a	3372
composite of the section as amended by both Am. Sub. H.B. 180 and	3373
Am. Sub. S.B. 285 of the 121st General Assembly. Section 2929.01	3374
of the Revised Code is presented in this act as a composite of the	3375
section as amended by Am. Sub. H.B. 349, Am. Sub. S.B. 179, and	3376
Am. Sub. S.B. 222 of the 123rd General Assembly. Section 2929.13	3377
of the Revised Code is presented in this act as a composite of the	3378
section as amended by Am. H.B. 528, Am. Sub. S.B. 22, Am. Sub.	3379
S.B. 107, Am. S.B. 142, and Am. Sub. S.B. 222 of the 123rd General	3380
Assembly. Section 2929.19 of the Revised Code is presented in	3381
this act as a composite of the section as amended by Am. Sub. H.B.	3382
349, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of the 123rd General	3383
Assembly. Section 2951.041 of the Revised Code is presented in	3384
this act as a composite of the section as amended by both Sub.	3385
H.B. 202 and Am. Sub. S.B. 107 of the 123rd General Assembly.	3386
Section 4723.09 of the Revised Code is presented in this act as a	3387
composite of the section as amended by both Sub. H.B. 511 and Am.	3388
Sub. S.B. 180 of the 123rd General Assembly. Section 5120.032 of	3389
the Revised Code is presented in this act as a composite of the	3390
section as amended by both Am. Sub. S.B. 22 and Am. Sub. S.B. 107	3391
of the 123rd General Assembly. The General Assembly, applying	3392
the principle stated in division (B) of section 1.52 of the	3393
Revised Code that amendments are to be harmonized if reasonably	3394
capable of simultaneous operation, finds that the composites are	3395
the resulting versions of the sections in effect prior to the	3396
effective date of the sections as presented in this act.	3397