REPRESENTATIVES Latta, Goodman, Seitz, Reinhard, Lendrum, Willamowski, Schmidt, Aslanides, Fedor, Carano, Womer Benjamin, Buehrer, Coates, Manning, Schneider, Hartnett, Flowers, Calvert, Hughes, Carmichael, Reidelbach, Setzer, Clancy, McGregor, Niehaus, Distel, Cirelli, Latell, Salerno

To amend sections 181.25, 2307.62, 2913.01, 2913.04,

1

2919.25, 2925.23, 2929.01, 2929.12, 2929.13,

2

2929.14, 2929.19, 2929.20, 2951.041, 2967.16,

3

2967.28, 3719.21, 4723.09, 4723.28, 4723.72,

4

4723.74, 4723.75, 4723.77, 5120.031, 5120.032,

5

5120.033, and 5145.01 and to enact section 2929.141

6

of the Revised Code to clarify certain provisions

7

of the Felony Sentencing Law, to correct the

8

penalty provisions for illegal processing of drug

9

documents, to clarify the eligibility criteria for

10

intervention in lieu of conviction, to require

11

applicants for nurse licensure and dialysis

12

technician certification to have a criminal records

13

check, to expand the offense of unauthorized use of

14

property to specifically include nonconsensual

15

access to a cable service or cable system, to

16

revise certain provisions of the law governing

17

nurses and dialysis technicians as to licensing or

18

certification, duties, and training, and to extend

19

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

20

Criminal Sentencing Commission must recommend

21

changes to the state's criminal forfeiture laws.

22

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

Section 1. That sections 181.25, 2307.62, 2913.01, 2913.04,	23
2919.25, 2925.23, 2929.01, 2929.12, 2929.13, 2929.14, 2929.19,	24
2929.20, 2951.041, 2967.16, 2967.28, 3719.21, 4723.09, 4723.28,	25
4723.72, 4723.74, 4723.75, 4723.77, 5120.031, 5120.032, 5120.033,	26
and 5145.01 be amended and section 2929.141 of the Revised Code be	27
enacted to read as follows:	28

Sec. 181.25.  (A) If the comprehensive criminal sentencing	29
structure that it recommends to the general assembly pursuant to	30
section 181.24 of the Revised Code or any aspects of that	31
sentencing structure are enacted into law, the state criminal	32
sentencing commission shall do all of the following:	33

(1) Assist the general assembly in the implementation of	34
those aspects of the sentencing structure that are enacted into	35
law;	36

(2) Monitor the operation of the aspects of the sentencing	37
structure that are enacted into law and report to the general	38
assembly no later than January 1, 1997, and biennially thereafter,	39
on all of the following matters:	40

(a) The impact of the sentencing structure in effect on and	41
after July 1, 1996, on political subdivisions and other relevant	42
aspects of local government in this state, including all of the	43
following information:	44

(i) The number and type of offenders who were being	45
imprisoned in a state correctional institution under the law in	46
effect prior to July 1, 1996, but who are being punished under a	47
community control sanction, as defined in section 2929.01 of the	48
Revised Code, under the law in effect on and after July 1, 1996;	49

(ii) The fiscal and other impact of the law in effect on and	50
after July 1, 1996, on political subdivisions and other relevant	51
aspects of local government in this state, including law	52
enforcement agencies, the court system, prosecutors, as defined in	53
section 2935.01 of the Revised Code, the public defender and	54
assigned counsel system, jails and workhouses, probation	55
departments, the drug and alcohol abuse intervention and treatment	56
system, and the mental health intervention and treatment system.	57

(b) The impact of the sentencing structure in effect on and	58
after July 1, 1996, on the population of state correctional	59
institutions, including information regarding the number and types	60
of offenders who are being imprisoned under the law in effect on	61
and after July 1, 1996, and the amount of space in state	62
correctional institutions that is necessary to house those	63
offenders;	64

(c) The impact of the sentencing structure and the sentence	65
appeal provisions in effect on and after July 1, 1996, on the	66
appellate courts of this state, including information regarding	67
the number of sentence-based appeals, the cost of reviewing	68
appeals of that nature, whether a special court should be created	69
to review sentences, and whether changes should be made to ensure	70
that sentence-based appeals are conducted expeditiously.	71

(3) Review all bills that are introduced in the general	72
assembly that provide for new criminal offenses or that change the	73
penalty for any criminal offense, determine if those bills are	74
consistent with the sentencing policy adopted under division (B)	75
of section 181.23 of the Revised Code, determine the impact of	76
those bills upon the correctional resources of the state, and	77
recommend to the general assembly any necessary amendments to	78
those bills. When the commission recommends any amendment for a	79
bill before the general assembly, it shall do so in a manner that	80
is consistent with the requirements of section 181.24 of the	81
Revised Code.	82

(4) Study criminal sentencing structures in this state,	83
other states, and the federal government, recommend necessary	84
changes to the sentencing structure of the state, and determine	85
the costs and effects of any proposed changes in the sentencing	86
structure of the state;	87

(5) Collect and maintain data that pertains to the cost to	88
counties of the felony sentence appeal provisions set forth in	89
section 2953.08 of the Revised Code, of the postconviction relief	90
proceeding provisions set forth in division (A)(2) of section	91
2953.21 of the Revised Code, and of appeals from judgments entered	92
in such postconviction relief proceedings. The data so collected	93
and maintained shall include, but shall not be limited to, the	94
increase in expenses that counties experience as a result of those	95
provisions and those appeals and the number of felony sentence	96
appeals made, postconviction relief proceedings filed, and appeals	97
of postconviction relief proceeding judgments made in each county	98
under those provisions. The commission periodically shall provide	99
to the felony sentence appeal cost oversight committee, in	100
accordance with division (I) of section 2953.08 of the Revised	101
Code, all data the commission collects pursuant to this division.	102

(B) In addition to its duties set forth in section 181.24 of	103
the Revised Code and division (A) of this section, the state	104
criminal sentencing commission shall review all forfeiture	105
statutes in Titles XXIX and XLV of the Revised Code and, not later	106
than July 1, 20012002, recommend to the general assembly any	107
necessary changes to those statutes.	108

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

109

(1) "Cable service" and "cable system" have the same meanings	110
as in section 2913.04 of the Revised Code.	111

(2) "Trier of fact" means the jury or, in a nonjury trial,	112
the court.	113

(2)(3) "Profits" derived from a violation of division (B) of	114
section 2913.04 or division (A) or (B) of section 2913.041 of the	115
Revised Code are equal to whichever of the following applies:	116

(a) The gross revenue derived from the violation by the	117
persons who violated division (B) of section 2913.04 or division	118
(A) or (B) of section 2913.041 of the Revised Code, as established	119
by a preponderance of the evidence by the owner or operator of the	120
cable service, cable system, cable television system, or other	121
similar closed circuit coaxial cable communications system who is	122
aggrieved by the violation;	123

(b) The gross revenue derived from the violation by the	124
persons who violated division (B) of section 2913.04 or division	125
(A) or (B) of section 2913.041 of the Revised Code, as established	126
by a preponderance of the evidence by the owner or operator of the	127
cable service, cable system, cable television system, or other	128
similar closed circuit coaxial cable communications system who is	129
aggrieved by the violation, minus deductible expenses and other	130
elements of profit that are not attributable to the violation of	131
division (B) of section 2913.04 or division (A) or (B) of section	132
2913.041 of the Revised Code, as established by a preponderance of	133
the evidence by the persons who violated either or both of those	134
divisions.	135

(B)(1) An owner or operator of a cable service, cable	136
system, cable television system, or other similar closed circuit	137
coaxial cable communications system who is aggrieved by conduct	138
that is prohibited by division (B) of section 2913.04 or division	139
(A) or (B) of section 2913.041 of the Revised Code may elect to	140
commence a civil action for damages in accordance with section	141
2307.60 or 2307.61 of the Revised Code or to commence a civil	142
action under this section in the appropriate municipal court,	143
county court, or court of common pleas to recover damages and	144
other specified moneys described in division (B)(1)(a), (b), or	145
(c) of this section and, if applicable, damages described in	146
division (B)(2) of this section from the persons who violated	147
division (B) of section 2913.04 or division (A) or (B) of section	148
2913.041 of the Revised Code. If the owner or operator elects to	149
commence a civil action for damages and other specified moneys	150
under this section, the owner or operator shall specify in its	151
complaint which of the following categories of damages and other	152
specified moneys the owner or operator seeks to recover from the	153
persons who violated division (B) of section 2913.04 or division	154
(A) or (B) of section 2913.041 of the Revised Code:	155

(a) Full compensatory damages, punitive or exemplary damages	156
if authorized by section 2315.21 of the Revised Code, and the	157
reasonable attorney's fees, court costs, and other reasonable	158
expenses incurred in maintaining the civil action under this	159
section.	160

(b) Damages equal to the actual loss suffered by the owner	161
or operator as a proximate result of the conduct that violated	162
division (B) of section 2913.04 or division (A) or (B) of section	163
2913.041 of the Revised Code and, in addition, damages equal to	164
the profits derived by the persons who violated eitherone or both	165
more of those divisions as a proximate result of the prohibited	166
conduct.	167

(c) LiquidatedRegarding a violation of division (A) or (B)	168
of section 2913.041 of the Revised Code, liquidated damages in an	169
amount of not less than two hundred fifty dollars and not more	170
than ten thousand dollars, as determined by the trier of fact, for	171
each separate violation of division (A) or (B) of section 2913.041	172
of the Revised Code as described in division (D) of that section.	173
Division (B)(1)(c) of this section does not apply regarding a	174
violation of division (B) of section 2913.04 of the Revised Code.	175

(2) The trier of fact shall determine the amount of any	176
compensatory damages to be awarded pursuant to division (B)(1)(a)	177
of this section, and the court shall determine the amount of any	178
punitive or exemplary damages authorized by section 2315.21 of the	179
Revised Code and the amount of reasonable attorney's fees, court	180
costs, and other reasonable expenses to be awarded pursuant to	181
division (B)(1)(a) of this section. The trier of fact shall	182
determine the amount of damages to be awarded to the owner or	183
operator under division (B)(1)(b) of this section.	184

(3) In a civil action under this section, if an owner or	185
operator of a cable service, cable system, cable television	186
system, or other similar closed circuit coaxial cable	187
communications system establishes by a preponderance of the	188
evidence that the persons who violated division (B) of section	189
2913.04 or division (A) or (B) of section 2913.041 of the Revised	190
Code engaged in the prohibited conduct for the purpose of direct	191
or indirect commercial advantage or private financial gain, the	192
trier of fact may award to the owner or operator damages in an	193
amount not to exceed fifty thousand dollars in addition to any	194
amount recovered pursuant to division (B)(1)(a), (b), or (c) of	195
this section, whichever of those divisions applies to the owner or	196
operator.	197

(C) A person may join a civil action under this section with	198
a civil action under Chapter 2737. of the Revised Code to recover	199
any property of the owner or operator of a cable service, cable	200
system, cable television system, or other similar closed circuit	201
coaxial cable communications system that was the subject of the	202
violation of division (B) of section 2913.04 or division (A) or	203
(B) of section 2913.041 of the Revised Code. A person may	204
commence a civil action under this section regardless of whether	205
any person who allegedly violated eitherone or bothmore of those	206
divisions has pleaded guilty to or has been convicted of a	207
violation of eitherone or both more of those divisions or has	208
been adjudicated a delinquent child for the commission of any act	209
that constitutes a violation of eitherone or bothmore of those	210
divisions.	211

Sec. 2913.01.  As used in this chapter, unless the context	212
requires that a term be given a different meaning:	213

(A) "Deception" means knowingly deceiving another or causing	214
another to be deceived by any false or misleading representation,	215
by withholding information, by preventing another from acquiring	216
information, or by any other conduct, act, or omission that	217
creates, confirms, or perpetuates a false impression in another,	218
including a false impression as to law, value, state of mind, or	219
other objective or subjective fact.	220

(B) "Defraud" means to knowingly obtain, by deception, some	221
benefit for oneself or another, or to knowingly cause, by	222
deception, some detriment to another.	223

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

224

(1) Withhold property of another permanently, or for a	225
period that appropriates a substantial portion of its value or	226
use, or with purpose to restore it only upon payment of a reward	227
or other consideration;	228

(2) Dispose of property so as to make it unlikely that the	229
owner will recover it;	230

(3) Accept, use, or appropriate money, property, or	231
services, with purpose not to give proper consideration in return	232
for the money, property, or services, and without reasonable	233
justification or excuse for not giving proper consideration.	234

(D) "Owner" means, unless the context requires a different	235
meaning, any person, other than the actor, who is the owner of,	236
who has possession or control of, or who has any license or	237
interest in property or services, even though the ownership,	238
possession, control, license, or interest is unlawful.	239

(E) "Services" include labor, personal services,	240
professional services, public utility services, common carrier	241
services, and food, drink, transportation, entertainment, and	242
cable television services and, for purposes of section 2913.04 of	243
the Revised Code, include cable services as defined in that	244
section.	245

(F) "Writing" means any computer software, document, letter,	246
memorandum, note, paper, plate, data, film, or other thing having	247
in or upon it any written, typewritten, or printed matter, and any	248
token, stamp, seal, credit card, badge, trademark, label, or other	249
symbol of value, right, privilege, license, or identification.	250

(G) "Forge" means to fabricate or create, in whole or in	251
part and by any means, any spurious writing, or to make, execute,	252
alter, complete, reproduce, or otherwise purport to authenticate	253
any writing, when the writing in fact is not authenticated by that	254
conduct.	255

(H) "Utter" means to issue, publish, transfer, use, put or	256
send into circulation, deliver, or display.	257

(I) "Coin machine" means any mechanical or electronic device	258
designed to do both of the following:	259

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

260

(2) In return for the insertion or deposit of a coin, bill,	261
or token, automatically dispense property, provide a service, or	262
grant a license.	263

(J) "Slug" means an object that, by virtue of its size,	264
shape, composition, or other quality, is capable of being inserted	265
or deposited in a coin machine as an improper substitute for a	266
genuine coin, bill, or token made for that purpose.	267

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

268

(1) A violation of section 2911.01, 2911.02, 2911.11,	269
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	270
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	271
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	272
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	273
2915.05, or 2921.41 of the Revised Code;	274

(2) A violation of an existing or former municipal ordinance	275
or law of this or any other state, or of the United States,	276
substantially equivalent to any section listed in division (K)(1)	277
of this section or a violation of section 2913.41, 2913.81, or	278
2915.06 of the Revised Code as it existed prior to July 1, 1996;	279

(3) An offense under an existing or former municipal	280
ordinance or law of this or any other state, or of the United	281
States, involving robbery, burglary, breaking and entering, theft,	282
embezzlement, wrongful conversion, forgery, counterfeiting,	283
deceit, or fraud;	284

(4) A conspiracy or attempt to commit, or complicity in	285
committing, any offense under division (K)(1), (2), or (3) of this	286
section.	287

(L) "Computer services" includes, but is not limited to, the	288
use of a computer system, computer network, computer program, data	289
that is prepared for computer use, or data that is contained	290
within a computer system or computer network.	291

(M) "Computer" means an electronic device that performs	292
logical, arithmetic, and memory functions by the manipulation of	293
electronic or magnetic impulses. "Computer" includes, but is not	294
limited to, all input, output, processing, storage, computer	295
program, or communication facilities that are connected, or	296
related, in a computer system or network to an electronic device	297
of that nature.	298

(N) "Computer system" means a computer and related devices,	299
whether connected or unconnected, including, but not limited to,	300
data input, output, and storage devices, data communications	301
links, and computer programs and data that make the system capable	302
of performing specified special purpose data processing tasks.	303

(O) "Computer network" means a set of related and remotely	304
connected computers and communication facilities that includes	305
more than one computer system that has the capability to transmit	306
among the connected computers and communication facilities through	307
the use of computer facilities.	308

(P) "Computer program" means an ordered set of data	309
representing coded instructions or statements that, when executed	310
by a computer, cause the computer to process data.	311

(Q) "Computer software" means computer programs, procedures,	312
and other documentation associated with the operation of a	313
computer system.	314

(R) "Data" means a representation of information, knowledge,	315
facts, concepts, or instructions that are being or have been	316
prepared in a formalized manner and that are intended for use in a	317
computer, computer system, or computer network. For purposes of	318
section 2913.47 of the Revised Code, "data" has the additional	319
meaning set forth in division (A) of that section.	320

(S) "Cable television service" means any services provided	321
by or through the facilities of any cable television system or	322
other similar closed circuit coaxial cable communications system,	323
or any microwave or similar transmission service used in	324
connection with any cable television system or other similar	325
closed circuit coaxial cable communications system.	326

(T) "Gain access" means to approach, instruct, communicate	327
with, store data in, retrieve data from, or otherwise make use of	328
any resources of a computer, computer system, or computer network,	329
or any cable service or cable system both as defined in section	330
2913.04 of the Revised Code.	331

(U) "Credit card" includes, but is not limited to, a card,	332
code, device, or other means of access to a customer's account for	333
the purpose of obtaining money, property, labor, or services on	334
credit, or for initiating an electronic fund transfer at a	335
point-of-sale terminal, an automated teller machine, or a cash	336
dispensing machine.	337

(V) "Electronic fund transfer" has the same meaning as in 92	338
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	339

(W) "Rented property" means personal property in which the	340
right of possession and use of the property is for a short and	341
possibly indeterminate term in return for consideration; the	342
rentee generally controls the duration of possession of the	343
property, within any applicable minimum or maximum term; and the	344
amount of consideration generally is determined by the duration of	345
possession of the property.	346

(X) "Telecommunication" means the origination, emission,	347
dissemination, transmission, or reception of data, images,	348
signals, sounds, or other intelligence or equivalence of	349
intelligence of any nature over any communications system by any	350
method, including, but not limited to, a fiber optic, electronic,	351
magnetic, optical, digital, or analog method.	352

(Y) "Telecommunications device" means any instrument,	353
equipment, machine, or other device that facilitates	354
telecommunication, including, but not limited to, a computer,	355
computer network, computer chip, computer circuit, scanner,	356
telephone, cellular telephone, pager, personal communications	357
device, transponder, receiver, radio, modem, or device that	358
enables the use of a modem.	359

(Z) "Telecommunications service" means the providing,	360
allowing, facilitating, or generating of any form of	361
telecommunication through the use of a telecommunications device	362
over a telecommunications system.	363

(AA) "Counterfeit telecommunications device" means a	364
telecommunications device that, alone or with another	365
telecommunications device, has been altered, constructed,	366
manufactured, or programmed to acquire, intercept, receive, or	367
otherwise facilitate the use of a telecommunications service or	368
information service without the authority or consent of the	369
provider of the telecommunications service or information service.	370
"Counterfeit telecommunications device" includes, but is not	371
limited to, a clone telephone, clone microchip, tumbler telephone,	372
or tumbler microchip; a wireless scanning device capable of	373
acquiring, intercepting, receiving, or otherwise facilitating the	374
use of telecommunications service or information service without	375
immediate detection; or a device, equipment, hardware, or software	376
designed for, or capable of, altering or changing the electronic	377
serial number in a wireless telephone.	378

(BB)(1) "Information service" means, subject to division	379
(BB)(2) of this section, the offering of a capability for	380
generating, acquiring, storing, transforming, processing,	381
retrieving, utilizing, or making available information via	382
telecommunications, including, but not limited to, electronic	383
publishing.	384

(2) "Information service" does not include any use of a	385
capability of a type described in division (BB)(1) of this section	386
for the management, control, or operation of a telecommunications	387
system or the management of a telecommunications service.	388

(CC) "Elderly person" means a person who is sixty-five years	389
of age or older.	390

(DD) "Disabled adult" means a person who is eighteen years	391
of age or older and has some impairment of body or mind that makes	392
the person unfit to work at any substantially remunerative	393
employment that the person otherwise would be able to perform and	394
that will, with reasonable probability, continue for a period of	395
at least twelve months without any present indication of recovery	396
from the impairment, or who is eighteen years of age or older and	397
has been certified as permanently and totally disabled by an	398
agency of this state or the United States that has the function of	399
so classifying persons.	400

(EE) "Firearm" and "dangerous ordnance" have the same	401
meanings as in section 2923.11 of the Revised Code.	402

(FF) "Motor vehicle" has the same meaning as in section	403
4501.01 of the Revised Code.	404

(GG) "Dangerous drug" has the same meaning as in section	405
4729.01 of the Revised Code.	406

(HH) "Drug abuse offense" has the same meaning as in section	407
2925.01 of the Revised Code.	408

Sec. 2913.04.  (A) No person shall knowingly use or operate	409
the property of another without the consent of the owner or person	410
authorized to give consent.	411

(B) No person shall knowingly gain access to, attempt to	412
gain access to, or cause access to be gained to any computer,	413
computer system, computer network, cable service, cable system,	414
telecommunications device, telecommunications service, or	415
information service without the consent of, or beyond the scope of	416
the express or implied consent of, the owner of the computer,	417
computer system, computer network, cable service, cable system,	418
telecommunications device, telecommunications service, or	419
information service or other person authorized to give consent by	420
the owner.	421

(C) The affirmative defenses contained in division (C) of	422
section 2913.03 of the Revised Code are affirmative defenses to a	423
charge under this section.	424

(D)(1) Whoever violates division (A) of this section is	425
guilty of unauthorized use of property.	426

(2) Except as otherwise provided in division (D)(3) or (4)	427
of this section, unauthorized use of property is a misdemeanor of	428
the fourth degree.	429

(3) Except as otherwise provided in division (D)(4) of this	430
section, if unauthorized use of property is committed for the	431
purpose of devising or executing a scheme to defraud or to obtain	432
property or services, unauthorized use of property is whichever of	433
the following is applicable:	434

(a) Except as otherwise provided in division (D) (3) (b),	435
(c), or (d) of this section, a misdemeanor of the first degree.	436

(b) If the value of the property or services or the loss to	437
the victim is five hundred dollars or more and is less than five	438
thousand dollars, a felony of the fifth degree.	439

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

(d) If the value of the property or services or the loss to	443
the victim is one hundred thousand dollars or more, a felony of	444
the third degree.	445

(4) If the victim of the offense is an elderly person or	446
disabled adult, unauthorized use of property is whichever of the	447
following is applicable:	448

(a) Except as otherwise provided in division (D)(4)(b), (c),	449
(d), or (e) of this section, a felony of the fifth degree;	450

(b) If the value of the property or services or loss to the	451
victim is five hundred dollars or more and is less than five	452
thousand dollars, a felony of the fourth degree;	453

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

(d) If the value of the property or services or loss to the	457
victim is twenty-five thousand dollars or more, a felony of the	458
second degree.	459

(E) Whoever violates division (B) of this section is guilty	460
of unauthorized use of computer, cable, or telecommunication	461
property, a felony of the fifth degree.	462

(F) As used in this section:

463

(1) "Cable operator" means any person or group of persons	464
that does either of the following:	465

(a) Provides cable service over a cable system and directly	466
or through one or more affiliates owns a significant interest in	467
that cable system;	468

(b) Otherwise controls or is responsible for, through any	469
arrangement, the management and operation of a cable system.	470

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

471

(a) The one-way transmission to subscribers of video	472
programming or of information that a cable operator makes	473
available to all subscribers generally;	474

(b) Subscriber interaction, if any, that is required for	475
the selection or use of video programming or of information that a	476
cable operator makes available to all subscribers generally, both	477
as described in division (F)(2)(a) of this section;	478

(c) Any cable television service.

479

(3) "Cable system" means any facility, consisting of a set	480
of closed transmission paths and associated signal generation,	481
reception, and control equipment that is designed to provide cable	482
service that includes video programming and that is provided to	483
multiple subscribers within a community. "Cable system" does not	484
include any of the following:	485

(a) Any facility that serves only to retransmit the	486
television signals of one or more television broadcast stations;	487

(b) Any facility that serves subscribers without using any	488
public right-of-way;	489

(c) Any facility of a common carrier that, under 47	490
U.S.C.A. 522(7)(c), is excluded from the term "cable system" as	491
defined in 47 U.S.C.A. 522(7);	492

(d) Any open video system that complies with 47 U.S.C.A.	493
573;	494

(e) Any facility of any electric utility used solely for	495
operating its electric utility system.	496

Sec. 2919.25.  (A) No person shall knowingly cause or	497
attempt to cause physical harm to a family or household member.	498

(B) No person shall recklessly cause serious physical harm	499
to a family or household member.	500

(C) No person, by threat of force, shall knowingly cause a	501
family or household member to believe that the offender will cause	502
imminent physical harm to the family or household member.	503

(D) Whoever violates this section is guilty of domestic	504
violence. Except as otherwise provided in this division, a	505
violation of division (C) of this section is a misdemeanor of the	506
fourth degree, and a violation of division (A) or (B) of this	507
section is a misdemeanor of the first degree. If the offender	508
previously has pleaded guilty to or been convicted of domestic	509
violence, of a violation of a municipal ordinance that is	510
substantially similar to domestic violence, of a violation of	511
section 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211,	512
2903.22, 2911.211, or 2919.22 of the Revised Code involving a	513
person who was a family or household member at the time of the	514
violation, or of a violation of a municipal ordinance, a law of	515
the United States or of any other state, or a municipal ordinance	516
of a municipal corporation located in any other state that is	517
substantially similar to one of those sections involving a person	518
who was a family or household member at the time of the violation,	519
a violation of division (A) or (B) of this section is a felony of	520
the fifth degree, and a violation of division (C) of this section	521
is a misdemeanor of the third degree."	522

(E) As used in this section and sections 2919.251 and	523
2919.26 of the Revised Code:	524

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

525

(a) Any of the following who is residing or has resided with	526
the offender:	527

(i) A spouse, a person living as a spouse, or a former	528
spouse of the offender;	529

(ii) A parent or a child of the offender, or another person	530
related by consanguinity or affinity to the offender;	531

(iii) A parent or a child of a spouse, person living as a	532
spouse, or former spouse of the offender, or another person	533
related by consanguinity or affinity to a spouse, person living as	534
a spouse, or former spouse of the offender.	535

(b) The natural parent of any child of whom the offender is	536
the other natural parent or is the putative other natural parent.	537

(2) "Person living as a spouse" means a person who is living	538
or has lived with the offender in a common law marital	539
relationship, who otherwise is cohabiting with the offender, or	540
who otherwise has cohabited with the offender within five years	541
prior to the date of the alleged commission of the act in	542
question.	543

Sec. 2925.23.  (A) No person shall knowingly make a false	544
statement in any prescription, order, report, or record required	545
by Chapter 3719. or 4729. of the Revised Code.	546

(B) No person shall intentionally make, utter, or sell, or	547
knowingly possess any of the following that is a false or forged:	548

(1) Prescription;

549

(2) Uncompleted preprinted prescription blank used for	550
writing a prescription;	551

(3) Official written order;

552

(4) License for a terminal distributor of dangerous drugs as	553
required in section 4729.60 of the Revised Code;	554

(5) Registration certificate for a wholesale distributor of	555
dangerous drugs as required in section 4729.60 of the Revised	556
Code.	557

(C) No person, by theft as defined in section 2913.02 of the	558
Revised Code, shall acquire any of the following:	559

(1) A prescription;

560

(2) An uncompleted preprinted prescription blank used for	561
writing a prescription;	562

(3) An official written order;

563

(4) A blank official written order;

564

(5) A license or blank license for a terminal distributor of	565
dangerous drugs as required in section 4729.60 of the Revised	566
Code;	567

(6) A registration certificate or blank registration	568
certificate for a wholesale distributor of dangerous drugs as	569
required in section 4729.60 of the Revised Code.	570

(D) No person shall knowingly make or affix any false or	571
forged label to a package or receptacle containing any dangerous	572
drugs.	573

(E) Divisions (A) and (D) of this section do not apply to	574
licensed health professionals authorized to prescribe drugs,	575
pharmacists, owners of pharmacies, and other persons whose conduct	576
is in accordance with Chapters 3719., 4715., 4723., 4725., 4729.,	577
4731., and 4741. of the Revised Code.	578

(F) Whoever violates this section is guilty of illegal	579
processing of drug documents. If the offender violates division	580
(B)(2), (4), or (5) or division (C)(2), (4), (5), or (6) of this	581
section, illegal processing of drug documents is a felony of the	582
fifth degree. If the offender violates division (A), division	583
(B)(1) or (3), division (C)(1) or (3), or division (D) of this	584
section, the penalty for illegal processing of drug documents	585
shall be determined as follows:	586

(1) If the drug involved is a compound, mixture,	587
preparation, or substance included in schedule I or II, with the	588
exception of marihuana, illegal processing of drug documents is a	589
felony of the fourth degree, and division (C) of section 2929.13	590
of the Revised Code applies in determining whether to impose a	591
prison term on the offender.	592

(2) If the drug involved is a dangerous drug or a compound,	593
mixture, preparation, or substance included in schedule III, IV,	594
or V or is marihuana, illegal processing of drug documents is a	595
felony of the fifth degree, and division (C) of section 2929.13 of	596
the Revised Code applies in determining whether to impose a prison	597
term on the offender.	598

(G) In addition to any prison term authorized or required by	599
division (F) of this section and sections 2929.13 and 2929.14 of	600
the Revised Code and in addition to any other sanction imposed for	601
the offense under this section or sections 2929.11 to 2929.18 of	602
the Revised Code, the court that sentences an offender who is	603
convicted of or pleads guilty to any violation of divisions (A) to	604
(D) of this section shall do both of the following:	605

(1) The court shall suspend for not less than six months or	606
more than five years the driver's or commercial driver's license	607
or permit of any person who is convicted of or has pleaded guilty	608
to a violation of this section.	609

(2) If the offender is a professionally licensed person or a	610
person who has been admitted to the bar by order of the supreme	611
court in compliance with its prescribed and published rules, in	612
addition to any other sanction imposed for a violation of this	613
section, the court forthwith shall comply with section 2925.38 of	614
the Revised Code.	615

(H) Notwithstanding any contrary provision of section	616
3719.21 of the Revised Code, the clerk of court shall pay a fine	617
imposed for a violation of this section pursuant to division (A)	618
of section 2929.18 of the Revised Code in accordance with and	619
subject to the requirements of division (F) of section 2925.03 of	620
the Revised Code. The agency that receives the fine shall use the	621
fine as specified in division (F) of section 2925.03 of the	622
Revised Code.	623

Sec. 2929.01.  As used in this chapter:

624

(A)(1) "Alternative residential facility" means, subject to	625
division (A)(2) of this section, any facility other than an	626
offender's home or residence in which an offender is assigned to	627
live and that satisfies all of the following criteria:	628

(a) It provides programs through which the offender may seek	629
or maintain employment or may receive education, training,	630
treatment, or habilitation.	631

(b) It has received the appropriate license or certificate	632
for any specialized education, training, treatment, habilitation,	633
or other service that it provides from the government agency that	634
is responsible for licensing or certifying that type of education,	635
training, treatment, habilitation, or service.	636

(2) "Alternative residential facility" does not include a	637
community-based correctional facility, jail, halfway house, or	638
prison.	639

(B) "Bad time" means the time by which the parole board	640
administratively extends an offender's stated prison term or terms	641
pursuant to section 2967.11 of the Revised Code because the parole	642
board finds by clear and convincing evidence that the offender,	643
while serving the prison term or terms, committed an act that is a	644
criminal offense under the law of this state or the United States,	645
whether or not the offender is prosecuted for the commission of	646
that act.	647

(C) "Basic probation supervision" means a requirement that	648
the offender maintain contact with a person appointed to supervise	649
the offender in accordance with sanctions imposed by the court or	650
imposed by the parole board pursuant to section 2967.28 of the	651
Revised Code. "Basic probation supervision" includes basic parole	652
supervision and basic post-release control supervision.	653

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	654
"unit dose" have the same meanings as in section 2925.01 of the	655
Revised Code.	656

(E) "Community-based correctional facility" means a	657
community-based correctional facility and program or district	658
community-based correctional facility and program developed	659
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	660

(F) "Community control sanction" means a sanction that is	661
not a prison term and that is described in section 2929.15,	662
2929.16, 2929.17, or 2929.18 of the Revised Code.	663

(G) "Controlled substance," "marihuana," "schedule I," and	664
"schedule II" have the same meanings as in section 3719.01 of the	665
Revised Code.	666

(H) "Curfew" means a requirement that an offender during a	667
specified period of time be at a designated place.	668

(I) "Day reporting" means a sanction pursuant to which an	669
offender is required each day to report to and leave a center or	670
other approved reporting location at specified times in order to	671
participate in work, education or training, treatment, and other	672
approved programs at the center or outside the center.	673

(J) "Deadly weapon" has the same meaning as in section	674
2923.11 of the Revised Code.	675

(K) "Drug and alcohol use monitoring" means a program under	676
which an offender agrees to submit to random chemical analysis of	677
the offender's blood, breath, or urine to determine whether the	678
offender has ingested any alcohol or other drugs.	679

(L) "Drug treatment program" means any program under which a	680
person undergoes assessment and treatment designed to reduce or	681
completely eliminate the person's physical or emotional reliance	682
upon alcohol, another drug, or alcohol and another drug and under	683
which the person may be required to receive assessment and	684
treatment on an outpatient basis or may be required to reside at a	685
facility other than the person's home or residence while	686
undergoing assessment and treatment.	687

(M) "Economic loss" means any economic detriment suffered by	688
a victim as a result of the commission of a felony and includes	689
any loss of income due to lost time at work because of any injury	690
caused to the victim, and any property loss, medical cost, or	691
funeral expense incurred as a result of the commission of the	692
felony.	693

(N) "Education or training" includes study at, or in	694
conjunction with a program offered by, a university, college, or	695
technical college or vocational study and also includes the	696
completion of primary school, secondary school, and literacy	697
curricula or their equivalent.	698

(O) "Electronically monitored house arrest" has the same	699
meaning as in section 2929.23 of the Revised Code.	700

(P) "Eligible offender" has the same meaning as in section	701
2929.23 of the Revised Code except as otherwise specified in	702
section 2929.20 of the Revised Code.	703

(Q) "Firearm" has the same meaning as in section 2923.11 of	704
the Revised Code.	705

(R) "Halfway house" means a facility licensed by the	706
division of parole and community services of the department of	707
rehabilitation and correction pursuant to section 2967.14 of the	708
Revised Code as a suitable facility for the care and treatment of	709
adult offenders.	710

(S) "House arrest" means a period of confinement of an	711
eligible offender that is in the eligible offender's home or in	712
other premises specified by the sentencing court or by the parole	713
board pursuant to section 2967.28 of the Revised Code, that may be	714
electronically monitored house arrest, and during which all of the	715
following apply:	716

(1) The eligible offender is required to remain in the	717
eligible offender's home or other specified premises for the	718
specified period of confinement, except for periods of time during	719
which the eligible offender is at the eligible offender's place of	720
employment or at other premises as authorized by the sentencing	721
court or by the parole board.	722

(2) The eligible offender is required to report periodically	723
to a person designated by the court or parole board.	724

(3) The eligible offender is subject to any other	725
restrictions and requirements that may be imposed by the	726
sentencing court or by the parole board.	727

(T) "Intensive probation supervision" means a requirement	728
that an offender maintain frequent contact with a person appointed	729
by the court, or by the parole board pursuant to section 2967.28	730
of the Revised Code, to supervise the offender while the offender	731
is seeking or maintaining necessary employment and participating	732
in training, education, and treatment programs as required in the	733
court's or parole board's order. "Intensive probation	734
supervision" includes intensive parole supervision and intensive	735
post-release control supervision.	736

(U) "Jail" means a jail, workhouse, minimum security jail,	737
or other residential facility used for the confinement of alleged	738
or convicted offenders that is operated by a political subdivision	739
or a combination of political subdivisions of this state.	740

(V) "Delinquent child" has the same meaning as in section	741
2152.02 of the Revised Code.	742

(W) "License violation report" means a report that is made	743
by a sentencing court, or by the parole board pursuant to section	744
2967.28 of the Revised Code, to the regulatory or licensing board	745
or agency that issued an offender a professional license or a	746
license or permit to do business in this state and that specifies	747
that the offender has been convicted of or pleaded guilty to an	748
offense that may violate the conditions under which the offender's	749
professional license or license or permit to do business in this	750
state was granted or an offense for which the offender's	751
professional license or license or permit to do business in this	752
state may be revoked or suspended.	753

(X) "Major drug offender" means an offender who is convicted	754
of or pleads guilty to the possession of, sale of, or offer to	755
sell any drug, compound, mixture, preparation, or substance that	756
consists of or contains at least one thousand grams of hashish; at	757
least one hundred grams of crack cocaine; at least one thousand	758
grams of cocaine that is not crack cocaine; at least two thousand	759
five hundred unit doses or two hundred fifty grams of heroin; at	760
least five thousand unit doses of L.S.D. or five hundred grams of	761
L.S.D. in a liquid concentrate, liquid extract, or liquid	762
distillate form; or at least one hundred times the amount of any	763
other schedule I or II controlled substance other than marihuana	764
that is necessary to commit a felony of the third degree pursuant	765
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	766
Code that is based on the possession of, sale of, or offer to sell	767
the controlled substance.	768

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

769

(1) Subject to division (Y)(2) of this section, the term in	770
prison that must be imposed for the offenses or circumstances set	771
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	772
division (D) of section 2929.14 of the Revised Code. Except as	773
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	774
2925.11 of the Revised Code, unless the maximum or another	775
specific term is required under section 2929.14 of the Revised	776
Code, a mandatory prison term described in this division may be	777
any prison term authorized for the level of offense.	778

(2) The term of sixty or one hundred twenty days in prison	779
that a sentencing court is required to impose for a third or	780
fourth degree felony OMVI offense pursuant to division (G)(2) of	781
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	782
the Revised Code.	783

(3) The term in prison imposed pursuant to section 2971.03	784
of the Revised Code for the offenses and in the circumstances	785
described in division (F)(11) of section 2929.13 of the Revised	786
Code and that term as modified or terminated pursuant to section	787
2971.05 of the Revised Code.	788

(Z) "Monitored time" means a period of time during which an	789
offender continues to be under the control of the sentencing court	790
or parole board, subject to no conditions other than leading a	791
law-abiding life.	792

(AA) "Offender" means a person who, in this state, is	793
convicted of or pleads guilty to a felony or a misdemeanor.	794

(BB) "Prison" means a residential facility used for the	795
confinement of convicted felony offenders that is under the	796
control of the department of rehabilitation and correction but	797
does not include a violation sanction center operated under	798
authority of section 2967.141 of the Revised Code.	799

(CC) "Prison term" includes any of the following sanctions	800
for an offender:	801

(1) A stated prison term;

802

(2) A term in a prison shortened by, or with the approval	803
of, the sentencing court pursuant to section 2929.20, 2967.26,	804
5120.031, 5120.032, or 5120.073 of the Revised Code;	805

(3) A term in prison extended by bad time imposed pursuant	806
to section 2967.11 of the Revised Code or imposed for a violation	807
of post-release control pursuant to section 2967.28 of the Revised	808
Code.	809

(DD) "Repeat violent offender" means a person about whom	810
both of the following apply:	811

(1) The person has been convicted of or has pleaded guilty	812
to, and is being sentenced for committing, for complicity in	813
committing, or for an attempt to commit, aggravated murder,	814
murder, involuntary manslaughter, a felony of the first degree	815
other than one set forth in Chapter 2925. of the Revised Code, a	816
felony of the first degree set forth in Chapter 2925. of the	817
Revised Code that involved an attempt to cause serious physical	818
harm to a person or that resulted in serious physical harm to a	819
person, or a felony of the second degree that involved an attempt	820
to cause serious physical harm to a person or that resulted in	821
serious physical harm to a person.	822

(2) Either of the following applies:

823

(a) The person previously was convicted of or pleaded guilty	824
to, and previously served or, at the time of the offense was	825
serving, a prison term for, any of the following:	826

(i) Aggravated murder, murder, involuntary manslaughter,	827
rape, felonious sexual penetration as it existed under section	828
2907.12 of the Revised Code prior to September 3, 1996, a felony	829
of the first or second degree that resulted in the death of a	830
person or in physical harm to a person, or complicity in or an	831
attempt to commit any of those offenses;	832

(ii) An offense under an existing or former law of this	833
state, another state, or the United States that is or was	834
substantially equivalent to an offense listed under division	835
(DD)(2)(a)(i) of this section and that resulted in the death of a	836
person or in physical harm to a person.	837

(b) The person previously was adjudicated a delinquent child	838
for committing an act that if committed by an adult would have	839
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	840
section, the person was committed to the department of youth	841
services for that delinquent act.	842

(EE) "Sanction" means any penalty imposed upon an offender	843
who is convicted of or pleads guilty to an offense, as punishment	844
for the offense. "Sanction" includes any sanction imposed	845
pursuant to any provision of sections 2929.14 to 2929.18 of the	846
Revised Code.	847

(FF) "Sentence" means the sanction or combination of	848
sanctions imposed by the sentencing court on an offender who is	849
convicted of or pleads guilty to a felony.	850

(GG) "Stated prison term" means the prison term, mandatory	851
prison term, or combination of all prison terms and mandatory	852
prison terms imposed by the sentencing court pursuant to section	853
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	854
includes any credit received by the offender for time spent in	855
jail awaiting trial, sentencing, or transfer to prison for the	856
offense and any time spent under house arrest or electronically	857
monitored house arrest imposed after earning credits pursuant to	858
section 2967.193 of the Revised Code.	859

(HH) "Victim-offender mediation" means a reconciliation or	860
mediation program that involves an offender and the victim of the	861
offense committed by the offender and that includes a meeting in	862
which the offender and the victim may discuss the offense, discuss	863
restitution, and consider other sanctions for the offense.	864

(II) "Fourth degree felony OMVI offense" means a violation	865
of division (A) of section 4511.19 of the Revised Code that, under	866
section 4511.99 of the Revised Code, is a felony of the fourth	867
degree.	868

(JJ) "Mandatory term of local incarceration" means the term	869
of sixty or one hundred twenty days in a jail, a community-based	870
correctional facility, a halfway house, or an alternative	871
residential facility that a sentencing court may impose upon a	872
person who is convicted of or pleads guilty to a fourth degree	873
felony OMVI offense pursuant to division (G)(1) of section 2929.13	874
of the Revised Code and division (A)(4) or (8) of section 4511.99	875
of the Revised Code.	876

(KK) "Designated homicide, assault, or kidnapping offense,"	877
"sexual motivation specification," "sexually violent offense,"	878
"sexually violent predator," and "sexually violent predator	879
specification" have the same meanings as in section 2971.01 of the	880
Revised Code.	881

(LL) "Habitual sex offender," "sexually oriented offense,"	882
and "sexual predator" have the same meanings as in section 2950.01	883
of the Revised Code.	884

(MM) An offense is "committed in the vicinity of a child" if	885
the offender commits the offense within thirty feet of or within	886
the same residential unit as a child who is under eighteen years	887
of age, regardless of whether the offender knows the age of the	888
child or whether the offender knows the offense is being committed	889
within thirty feet of or within the same residential unit as the	890
child and regardless of whether the child actually views the	891
commission of the offense.	892

(NN) "Family or household member" has the same meaning as in	893
section 2919.25 of the Revised Code.	894

(OO) "Motor vehicle" and "manufactured home" have the same	895
meanings as in section 4501.01 of the Revised Code.	896

(PP) "Detention" and "detention facility" have the same	897
meanings as in section 2921.01 of the Revised Code.	898

(QQ) "Third degree felony OMVI offense" means a violation of	899
division (A) of section 4511.19 of the Revised Code that, under	900
section 4511.99 of the Revised Code, is a felony of the third	901
degree.	902

(RR) "Random drug testing" has the same meaning as in	903
section 5120.63 of the Revised Code.	904

(SS) "Felony sex offense" has the same meaning as in section	905
2957.28 of the Revised Code.	906

(RR)(TT) "Body armor" has the same meaning as in section	907
2941.1411 of the Revised Code.	908

Sec. 2929.12.  (A) Unless otherwise required by section	909
2929.13 or 2929.14 of the Revised Code, a court that imposes a	910
sentence under this chapter upon an offender for a felony has	911
discretion to determine the most effective way to comply with the	912
purposes and principles of sentencing set forth in section 2929.11	913
of the Revised Code. In exercising that discretion, the court	914
shall consider the factors set forth in divisions (B) and (C) of	915
this section relating to the seriousness of the conduct and the	916
factors provided in divisions (D) and (E) of this section relating	917
to the likelihood of the offender's recidivism and, in addition,	918
may consider any other factors that are relevant to achieving	919
those purposes and principles of sentencing.	920

(B) The sentencing court shall consider all of the following	921
that apply regarding the offender, the offense, or the victim, and	922
any other relevant factors, as indicating that the offender's	923
conduct is more serious than conduct normally constituting the	924
offense:	925

(1) The physical or mental injury suffered by the victim of	926
the offense due to the conduct of the offender was exacerbated	927
because of the physical or mental condition or age of the victim.	928

(2) The victim of the offense suffered serious physical,	929
psychological, or economic harm as a result of the offense.	930

(3) The offender held a public office or position of trust	931
in the community, and the offense related to that office or	932
position.	933

(4) The offender's occupation, elected office, or profession	934
obliged the offender to prevent the offense or bring others	935
committing it to justice.	936

(5) The offender's professional reputation or occupation,	937
elected office, or profession was used to facilitate the offense	938
or is likely to influence the future conduct of others.	939

(6) The offender's relationship with the victim facilitated	940
the offense.	941

(7) The offender committed the offense for hire or as a part	942
of an organized criminal activity.	943

(8) In committing the offense, the offender was motivated by	944
prejudice based on race, ethnic background, gender, sexual	945
orientation, or religion.	946

(9) If the offense is a violation of section 2919.25 or a	947
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	948
Code involving a person who was a family or household member at	949
the time of the violation, the offender committed the offense in	950
the vicinity of one or more children who are not victims of the	951
offense, and the offender or the victim of the offense is a	952
parent, guardian, custodian, or person in loco parentis of one or	953
more of those children.	954

(C) The sentencing court shall consider all of the following	955
that apply regarding the offender, the offense, or the victim, and	956
any other relevant factors, as indicating that the offender's	957
conduct is less serious than conduct normally constituting the	958
offense:	959

(1) The victim induced or facilitated the offense.

960

(2) In committing the offense, the offender acted under	961
strong provocation.	962

(3) In committing the offense, the offender did not cause or	963
expect to cause physical harm to any person or property.	964

(4) There are substantial grounds to mitigate the offender's	965
conduct, although the grounds are not enough to constitute a	966
defense.	967

(D) The sentencing court shall consider all of the following	968
that apply regarding the offender, and any other relevant factors,	969
as factors indicating that the offender is likely to commit future	970
crimes:	971

(1) At the time of committing the offense, the offender was	972
under release from confinement before trial or sentencing, under a	973
sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18	974
of the Revised Code, or under post-release control pursuant to	975
section 2967.28 or any other provision of the Revised Code for an	976
earlier offense or had been unfavorably terminated from	977
post-release control for a prior offense pursuant to division (B)	978
of section 2967.16 or section 2929.141 of the Revised Code.	979

(2) The offender previously was adjudicated a delinquent	980
child pursuant to Chapter 2151. of the Revised Code prior to the	981
effective date of this amendmentJanuary 1, 2002, or pursuant to	982
Chapter 2152. of the Revised Code, or the offender has a history	983
of criminal convictions.	984

(3) The offender has not been rehabilitated to a	985
satisfactory degree after previously being adjudicated a	986
delinquent child pursuant to Chapter 2151. of the Revised Code	987
prior to the effective date of this amendmentJanuary 1, 2002, or	988
pursuant to Chapter 2152. of the Revised Code, or the offender has	989
not resondedresponded favorably to sanctions previously imposed	990
for criminal convictions.	991

(4) The offender has demonstrated a pattern of drug or	992
alcohol abuse that is related to the offense, and the offender	993
refuses to acknowledge that the offender has demonstrated that	994
pattern, or the offender refuses treatment for the drug or alcohol	995
abuse.	996

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

997

(E) The sentencing court shall consider all of the following	998
that apply regarding the offender, and any other relevant factors,	999
as factors indicating that the offender is not likely to commit	1000
future crimes:	1001

(1) Prior to committing the offense, the offender had not	1002
been adjudicated a delinquent child.	1003

(2) Prior to committing the offense, the offender had not	1004
been convicted of or pleaded guilty to a criminal offense.	1005

(3) Prior to committing the offense, the offender had led a	1006
law-abiding life for a significant number of years.	1007

(4) The offense was committed under circumstances not	1008
likely to recur.	1009

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

1010

Sec. 2929.13.  (A) Except as provided in division (E), (F),	1011
or (G) of this section and unless a specific sanction is required	1012
to be imposed or is precluded from being imposed pursuant to law,	1013
a court that imposes a sentence upon an offender for a felony may	1014
impose any sanction or combination of sanctions on the offender	1015
that are provided in sections 2929.14 to 2929.18 of the Revised	1016
Code. The sentence shall not impose an unnecessary burden on	1017
state or local government resources.	1018

If the offender is eligible to be sentenced to community	1019
control sanctions, the court shall consider the appropriateness of	1020
imposing a financial sanction pursuant to section 2929.18 of the	1021
Revised Code or a sanction of community service pursuant to	1022
section 2929.17 of the Revised Code as the sole sanction for the	1023
offense. Except as otherwise provided in this division, if the	1024
court is required to impose a mandatory prison term for the	1025
offense for which sentence is being imposed, the court also may	1026
impose a financial sanction pursuant to section 2929.18 of the	1027
Revised Code but may not impose any additional sanction or	1028
combination of sanctions under section 2929.16 or 2929.17 of the	1029
Revised Code.	1030

If the offender is being sentenced for a fourth degree felony	1031
OMVI offense or for a third degree felony OMVI offense, in	1032
addition to the mandatory term of local incarceration or the	1033
mandatory prison term required for the offense by division (G)(1)	1034
or (2) of this section, the court shall impose upon the offender a	1035
mandatory fine in accordance with division (B)(3) of section	1036
2929.18 of the Revised Code and may impose whichever of the	1037
following is applicable:	1038

(1) For a fourth degree felony OMVI offense for which	1039
sentence is imposed under division (G)(1) of this section, an	1040
additional community control sanction or combination of community	1041
control sanctions under section 2929.16 or 2929.17 of the Revised	1042
Code;	1043

(2) For a third or fourth degree felony OMVI offense for	1044
which sentence is imposed under division (G)(2) of this section,	1045
an additional prison term as described in division (D)(4) of	1046
section 2929.14 of the Revised Code.	1047

(B)(1) Except as provided in division (B)(2), (E), (F), or	1048
(G) of this section, in sentencing an offender for a felony of the	1049
fourth or fifth degree, the sentencing court shall determine	1050
whether any of the following apply:	1051

(a) In committing the offense, the offender caused physical	1052
harm to a person.	1053

(b) In committing the offense, the offender attempted to	1054
cause or made an actual threat of physical harm to a person with a	1055
deadly weapon.	1056

(c) In committing the offense, the offender attempted to	1057
cause or made an actual threat of physical harm to a person, and	1058
the offender previously was convicted of an offense that caused	1059
physical harm to a person.	1060

(d) The offender held a public office or position of trust	1061
and the offense related to that office or position; the offender's	1062
position obliged the offender to prevent the offense or to bring	1063
those committing it to justice; or the offender's professional	1064
reputation or position facilitated the offense or was likely to	1065
influence the future conduct of others.	1066

(e) The offender committed the offense for hire or as part	1067
of an organized criminal activity.	1068

(f) The offense is a sex offense that is a fourth or fifth	1069
degree felony violation of section 2907.03, 2907.04, 2907.05,	1070
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	1071
Revised Code.	1072

(g) The offender at the time of the offense was serving, or	1073
the offender previously had served, a prison term.	1074

(h) The offender committed the offense while under a	1075
community control sanction, while on probation, or while released	1076
from custody on a bond or personal recognizance.	1077

(i) The offender committed the offense while in possession	1078
of a firearm.	1079

(2)(a) If the court makes a finding described in division	1080
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	1081
section and if the court, after considering the factors set forth	1082
in section 2929.12 of the Revised Code, finds that a prison term	1083
is consistent with the purposes and principles of sentencing set	1084
forth in section 2929.11 of the Revised Code and finds that the	1085
offender is not amenable to an available community control	1086
sanction, the court shall impose a prison term upon the offender.	1087

(b) Except as provided in division (E), (F), or (G) of this	1088
section, if the court does not make a finding described in	1089
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	1090
this section and if the court, after considering the factors set	1091
forth in section 2929.12 of the Revised Code, finds that a	1092
community control sanction or combination of community control	1093
sanctions is consistent with the purposes and principles of	1094
sentencing set forth in section 2929.11 of the Revised Code, the	1095
court shall impose a community control sanction or combination of	1096
community control sanctions upon the offender.	1097

(C) Except as provided in division (E), (F), or (G) of this	1098
section, in determining whether to impose a prison term as a	1099
sanction for a felony of the third degree or a felony drug offense	1100
that is a violation of a provision of Chapter 2925. of the Revised	1101
Code and that is specified as being subject to this division for	1102
purposes of sentencing, the sentencing court shall comply with the	1103
purposes and principles of sentencing under section 2929.11 of the	1104
Revised Code and with section 2929.12 of the Revised Code.	1105

(D) Except as provided in division (E) or (F) of this	1106
section, for a felony of the first or second degree and for a	1107
felony drug offense that is a violation of any provision of	1108
Chapter 2925., 3719., or 4729. of the Revised Code for which a	1109
presumption in favor of a prison term is specified as being	1110
applicable, it is presumed that a prison term is necessary in	1111
order to comply with the purposes and principles of sentencing	1112
under section 2929.11 of the Revised Code. Notwithstanding the	1113
presumption established under this division, the sentencing court	1114
may impose a community control sanction or a combination of	1115
community control sanctions instead of a prison term on an	1116
offender for a felony of the first or second degree or for a	1117
felony drug offense that is a violation of any provision of	1118
Chapter 2925., 3719., or 4729. of the Revised Code for which a	1119
presumption in favor of a prison term is specified as being	1120
applicable if it makes both of the following findings:	1121

(1) A community control sanction or a combination of	1122
community control sanctions would adequately punish the offender	1123
and protect the public from future crime, because the applicable	1124
factors under section 2929.12 of the Revised Code indicating a	1125
lesser likelihood of recidivism outweigh the applicable factors	1126
under that section indicating a greater likelihood of recidivism.	1127

(2) A community control sanction or a combination of	1128
community control sanctions would not demean the seriousness of	1129
the offense, because one or more factors under section 2929.12 of	1130
the Revised Code that indicate that the offender's conduct was	1131
less serious than conduct normally constituting the offense are	1132
applicable, and they outweigh the applicable factors under that	1133
section that indicate that the offender's conduct was more serious	1134
than conduct normally constituting the offense.	1135

(E)(1) Except as provided in division (F) of this section,	1136
for any drug offense that is a violation of any provision of	1137
Chapter 2925. of the Revised Code and that is a felony of the	1138
third, fourth, or fifth degree, the applicability of a presumption	1139
under division (D) of this section in favor of a prison term or of	1140
division (B) or (C) of this section in determining whether to	1141
impose a prison term for the offense shall be determined as	1142
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1143
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	1144
Revised Code, whichever is applicable regarding the violation.	1145

(2) If an offender who was convicted of or pleaded guilty to	1146
a felony violates the conditions of a community control sanction	1147
imposed for the offense solely by reason of producing positive	1148
results on a drug test, the court, as punishment for the violation	1149
of the sanction, shall not order that the offender be imprisoned	1150
unless the court determines on the record either of the following:	1151

(a) The offender had been ordered as a sanction for the	1152
felony to participate in a drug treatment program, in a drug	1153
education program, or in narcotics anonymous or a similar program,	1154
and the offender continued to use illegal drugs after a reasonable	1155
period of participation in the program.	1156

(b) The imprisonment of the offender for the violation is	1157
consistent with the purposes and principles of sentencing set	1158
forth in section 2929.11 of the Revised Code.	1159

(F) Notwithstanding divisions (A) to (E) of this section,	1160
the court shall impose a prison term or terms under sections	1161
2929.02 to 2929.06, section 2929.14, or section 2971.03 of the	1162
Revised Code and except as specifically provided in section	1163
2929.20 or 2967.191 of the Revised Code or when parole is	1164
authorized for the offense under section 2967.13 of the Revised	1165
Code shall not reduce the terms pursuant to section 2929.20,	1166
section 2967.193, or any other provision of Chapter 2967. or	1167
Chapter 5120. of the Revised Code for any of the following	1168
offenses:	1169

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

1170

(2) Any rape, regardless of whether force was involved and	1171
regardless of the age of the victim, or an attempt to commit rape	1172
by force when the victim is under thirteen years of age;	1173

(3) Gross sexual imposition or sexual battery, if the victim	1174
is under thirteen years of age, if the offender previously was	1175
convicted of or pleaded guilty to rape, the former offense of	1176
felonious sexual penetration, gross sexual imposition, or sexual	1177
battery, and if the victim of the previous offense was under	1178
thirteen years of age;	1179

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	1180
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	1181
requires the imposition of a prison term;	1182

(5) A first, second, or third degree felony drug offense for	1183
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	1184
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	1185
4729.99 of the Revised Code, whichever is applicable regarding the	1186
violation, requires the imposition of a mandatory prison term;	1187

(6) Any offense that is a first or second degree felony and	1188
that is not set forth in division (F)(1), (2), (3), or (4) of this	1189
section, if the offender previously was convicted of or pleaded	1190
guilty to aggravated murder, murder, any first or second degree	1191
felony, or an offense under an existing or former law of this	1192
state, another state, or the United States that is or was	1193
substantially equivalent to one of those offenses;	1194

(7) Any offense that is a third degree felony and that is	1195
listed in division (DD)(1) of section 2929.01 of the Revised Code	1196
if the offender previously was convicted of or pleaded guilty to	1197
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	1198
section 2929.01 of the Revised Code;	1199

(8) Any offense, other than a violation of section 2923.12	1200
of the Revised Code, that is a felony, if the offender had a	1201
firearm on or about the offender's person or under the offender's	1202
control while committing the felony, with respect to a portion of	1203
the sentence imposed pursuant to division (D)(1)(a) of section	1204
2929.14 of the Revised Code for having the firearm;	1205

(9) Any offense of violence that is a felony, if the	1206
offender wore or carried body armor while committing the felony	1207
offense of violence, with respect to the portion of the sentence	1208
imposed pursuant to division (D)(1)(d) of section 2929.14 of the	1209
Revised Code for wearing or carrying the body armor;	1210

(10) Corrupt activity in violation of section 2923.32 of the	1211
Revised Code when the most serious offense in the pattern of	1212
corrupt activity that is the basis of the offense is a felony of	1213
the first degree;	1214

(11) Any sexually violent offense for which the offender	1215
also is convicted of or pleads guilty to a sexually violent	1216
predator specification that was included in the indictment, count	1217
in the indictment, or information charging the sexually violent	1218
offense;	1219

(12) A violation of division (A)(1) or (2) of section	1220
2921.36 of the Revised Code, or a violation of division (C) of	1221
that section involving an item listed in division (A)(1) or (2) of	1222
that section, if the offender is an officer or employee of the	1223
department of rehabilitation and correction.	1224

(G) Notwithstanding divisions (A) to (E) of this section, if	1225
an offender is being sentenced for a fourth degree felony OMVI	1226
offense or for a third degree felony OMVI offense, the court shall	1227
impose upon the offender a mandatory term of local incarceration	1228
or a mandatory prison term in accordance with the following:	1229

(1) If the offender is being sentenced for a fourth degree	1230
felony OMVI offense, the court may impose upon the offender a	1231
mandatory term of local incarceration of sixty days as specified	1232
in division (A)(4) of section 4511.99 of the Revised Code or a	1233
mandatory term of local incarceration of one hundred twenty days	1234
as specified in division (A)(8) of that section. The court shall	1235
not reduce the term pursuant to section 2929.20, 2967.193, or any	1236
other provision of the Revised Code. The court that imposes a	1237
mandatory term of local incarceration under this division shall	1238
specify whether the term is to be served in a jail, a	1239
community-based correctional facility, a halfway house, or an	1240
alternative residential facility, and the offender shall serve the	1241
term in the type of facility specified by the court. A mandatory	1242
term of local incarceration imposed under division (G)(1) of this	1243
section is not subject to extension under section 2967.11 of the	1244
Revised Code, to a period of post-release control under section	1245
2967.28 of the Revised Code, or to any other Revised Code	1246
provision that pertains to a prison term.	1247

(2) If the offender is being sentenced for a third degree	1248
felony OMVI offense, or if the offender is being sentenced for a	1249
fourth degree felony OMVI offense and the court does not impose a	1250
mandatory term of local incarceration under division (G)(1) of	1251
this section, the court shall impose upon the offender a mandatory	1252
prison term of sixty days as specified in division (A)(4) of	1253
section 4511.99 of the Revised Code or a mandatory prison term of	1254
one hundred twenty days as specified in division (A)(8) of that	1255
section. The court shall not reduce the term pursuant to section	1256
2929.20, 2967.193, or any other provision of the Revised Code. In	1257
no case shall an offender who once has been sentenced to a	1258
mandatory term of local incarceration pursuant to division (G)(1)	1259
of this section for a fourth degree felony OMVI offense be	1260
sentenced to another mandatory term of local incarceration under	1261
that division for any violation of division (A) of section 4511.19	1262
of the Revised Code. The court shall not sentence the offender to	1263
a community control sanction under section 2929.16 or 2929.17 of	1264
the Revised Code. The department of rehabilitation and correction	1265
may place an offender sentenced to a mandatory prison term under	1266
this division in an intensive program prison established pursuant	1267
to section 5120.033 of the Revised Code if the department gave the	1268
sentencing judge prior notice of its intent to place the offender	1269
in an intensive program prison established under that section and	1270
if the judge did not notify the department that the judge	1271
disapproved the placement. Upon the establishment of the initial	1272
intensive program prison pursuant to section 5120.033 of the	1273
Revised Code that is privately operated and managed by a	1274
contractor pursuant to a contract entered into under section 9.06	1275
of the Revised Code, both of the following apply:	1276

(a) The department of rehabilitation and correction shall	1277
make a reasonable effort to ensure that a sufficient number of	1278
offenders sentenced to a mandatory prison term under this division	1279
are placed in the privately operated and managed prison so that	1280
the privately operated and managed prison has full occupancy.	1281

(b) Unless the privately operated and managed prison has	1282
full occupancy, the department of rehabilitation and correction	1283
shall not place any offender sentenced to a mandatory prison term	1284
under this division in any intensive program prison established	1285
pursuant to section 5120.033 of the Revised Code other than the	1286
privately operated and managed prison.	1287

(H) If an offender is being sentenced for a sexually	1288
oriented offense committed on or after January 1, 1997, the judge	1289
shall require the offender to submit to a DNA specimen collection	1290
procedure pursuant to section 2901.07 of the Revised Code if	1291
either of the following applies:	1292

(1) The offense was a sexually violent offense, and the	1293
offender also was convicted of or pleaded guilty to a sexually	1294
violent predator specification that was included in the	1295
indictment, count in the indictment, or information charging the	1296
sexually violent offense.	1297

(2) The judge imposing sentence for the sexually oriented	1298
offense determines pursuant to division (B) of section 2950.09 of	1299
the Revised Code that the offender is a sexual predator.	1300

(I) If an offender is being sentenced for a sexually	1301
oriented offense committed on or after January 1, 1997, the judge	1302
shall include in the sentence a summary of the offender's duty to	1303
register pursuant to section 2950.04 of the Revised Code, the	1304
offender's duty to provide notice of a change in residence address	1305
and register the new residence address pursuant to section 2950.05	1306
of the Revised Code, the offender's duty to periodically verify	1307
the offender's current residence address pursuant to section	1308
2950.06 of the Revised Code, and the duration of the duties. The	1309
judge shall inform the offender, at the time of sentencing, of	1310
those duties and of their duration and, if required under division	1311
(A)(2) of section 2950.03 of the Revised Code, shall perform the	1312
duties specified in that section.	1313

(J)(1) Except as provided in division (J)(2) of this	1314
section, when considering sentencing factors under this section in	1315
relation to an offender who is convicted of or pleads guilty to an	1316
attempt to commit an offense in violation of section 2923.02 of	1317
the Revised Code, the sentencing court shall consider the factors	1318
applicable to the felony category of the violation of section	1319
2923.02 of the Revised Code instead of the factors applicable to	1320
the felony category of the offense attempted.	1321

(2) When considering sentencing factors under this section	1322
in relation to an offender who is convicted of or pleads guilty to	1323
an attempt to commit a drug abuse offense for which the penalty is	1324
determined by the amount or number of unit doses of the controlled	1325
substance involved in the drug abuse offense, the sentencing court	1326
shall consider the factors applicable to the felony category that	1327
the drug abuse offense attempted would be if that drug abuse	1328
offense had been committed and had involved an amount or number of	1329
unit doses of the controlled substance that is within the next	1330
lower range of controlled substance amounts than was involved in	1331
the attempt.	1332

(K) As used in this section, "drug abuse offense" has the	1333
same meaning as in section 2925.01 of the Revised Code.	1334

Sec. 2929.14.  (A) Except as provided in division (C),	1335
(D)(1), (D)(2), (D)(3), (D)(4), or (G) of this section and except	1336
in relation to an offense for which a sentence of death or life	1337
imprisonment is to be imposed, if the court imposing a sentence	1338
upon an offender for a felony elects or is required to impose a	1339
prison term on the offender pursuant to this chapter and is not	1340
prohibited by division (G)(1) of section 2929.13 of the Revised	1341
Code from imposing a prison term on the offender, the court shall	1342
impose a definite prison term that shall be one of the following:	1343

(1) For a felony of the first degree, the prison term shall	1344
be three, four, five, six, seven, eight, nine, or ten years.	1345

(2) For a felony of the second degree, the prison term shall	1346
be two, three, four, five, six, seven, or eight years.	1347

(3) For a felony of the third degree, the prison term shall	1348
be one, two, three, four, or five years.	1349

(4) For a felony of the fourth degree, the prison term shall	1350
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	1351
fourteen, fifteen, sixteen, seventeen, or eighteen months.	1352

(5) For a felony of the fifth degree, the prison term shall	1353
be six, seven, eight, nine, ten, eleven, or twelve months.	1354

(B) Except as provided in division (C), (D)(1), (D)(2),	1355
(D)(3), or (G) of this section, in section 2907.02 of the Revised	1356
Code, or in Chapter 2925. of the Revised Code, if the court	1357
imposing a sentence upon an offender for a felony elects or is	1358
required to impose a prison term on the offender and if the	1359
offender previously has not served a prison term, the court shall	1360
impose the shortest prison term authorized for the offense	1361
pursuant to division (A) of this section, unless theone or more	1362
of the following applies:	1363

(1) The offender was serving a prison term at the time of	1364
the offense, or the offender previously had served a prison term.	1365

(2) The court finds on the record that the shortest prison	1366
term will demean the seriousness of the offender's conduct or will	1367
not adequately protect the public from future crime by the	1368
offender or others.	1369

(C) Except as provided in division (G) of this section or in	1370
Chapter 2925. of the Revised Code, the court imposing a sentence	1371
upon an offender for a felony may impose the longest prison term	1372
authorized for the offense pursuant to division (A) of this	1373
section only upon offenders who committed the worst forms of the	1374
offense, upon offenders who pose the greatest likelihood of	1375
committing future crimes, upon certain major drug offenders under	1376
division (D)(3) of this section, and upon certain repeat violent	1377
offenders in accordance with division (D)(2) of this section.	1378

(D)(1)(a) Except as provided in division (D)(1)(e) of this	1379
section, if an offender who is convicted of or pleads guilty to a	1380
felony also is convicted of or pleads guilty to a specification of	1381
the type described in section 2941.141, 2941.144, or 2941.145 of	1382
the Revised Code, the court shall impose on the offender one of	1383
the following prison terms:	1384

(i) A prison term of six years if the specification is of	1385
the type described in section 2941.144 of the Revised Code that	1386
charges the offender with having a firearm that is an automatic	1387
firearm or that was equipped with a firearm muffler or silencer on	1388
or about the offender's person or under the offender's control	1389
while committing the felony;	1390

(ii) A prison term of three years if the specification is of	1391
the type described in section 2941.145 of the Revised Code that	1392
charges the offender with having a firearm on or about the	1393
offender's person or under the offender's control while committing	1394
the offense and displaying the firearm, brandishing the firearm,	1395
indicating that the offender possessed the firearm, or using it to	1396
facilitate the offense;	1397

(iii) A prison term of one year if the specification is of	1398
the type described in section 2941.141 of the Revised Code that	1399
charges the offender with having a firearm on or about the	1400
offender's person or under the offender's control while committing	1401
the felony.	1402

(b) If a court imposes a prison term on an offender under	1403
division (D)(1)(a) of this section, the prison term shall not be	1404
reduced pursuant to section 2929.20, section 2967.193, or any	1405
other provision of Chapter 2967. or Chapter 5120. of the Revised	1406
Code. A court shall not impose more than one prison term on an	1407
offender under division (D)(1)(a) of this section for felonies	1408
committed as part of the same act or transaction.	1409

(c) Except as provided in division (D)(1)(e) of this	1410
section, if an offender who is convicted of or pleads guilty to a	1411
violation of section 2923.161 of the Revised Code or to a felony	1412
that includes, as an essential element, purposely or knowingly	1413
causing or attempting to cause the death of or physical harm to	1414
another, also is convicted of or pleads guilty to a specification	1415
of the type described in section 2941.146 of the Revised Code that	1416
charges the offender with committing the offense by discharging a	1417
firearm from a motor vehicle other than a manufactured home, the	1418
court, after imposing a prison term on the offender for the	1419
violation of section 2923.161 of the Revised Code or for the other	1420
felony offense under division (A), (D)(2), or (D)(3) of this	1421
section, shall impose an additional prison term of five years upon	1422
the offender that shall not be reduced pursuant to section	1423
2929.20, section 2967.193, or any other provision of Chapter 2967.	1424
or Chapter 5120. of the Revised Code. A court shall not impose	1425
more than one additional prison term on an offender under division	1426
(D)(1)(c) of this section for felonies committed as part of the	1427
same act or transaction. If a court imposes an additional prison	1428
term on an offender under division (D)(1)(c) of this section	1429
relative to an offense, the court also shall impose a prison term	1430
under division (D)(1)(a) of this section relative to the same	1431
offense, provided the criteria specified in that division for	1432
imposing an additional prison term are satisfied relative to the	1433
offender and the offense.	1434

(d) If an offender who is convicted of or pleads guilty to	1435
an offense of violence that is a felony also is convicted of or	1436
pleads guilty to a specification of the type described in section	1437
2941.1411 of the Revised Code that charges the offender with	1438
wearing or carrying body armor while committing the felony offense	1439
of violence, the court shall impose on the offender a prison term	1440
of two years. The prison term so imposed shall not be reduced	1441
pursuant to section 2929.20, section 2967.193, or any other	1442
provision of chapterChapter 2967. or chapterChapter 5120. of the	1443
Revised Code. A court shall not impose more than one prison term	1444
on an offender under division (D)(1)(d) of this section for	1445
felonies committed as part of the same act or transaction. If a	1446
court imposes an additional prison term under division (D)(1)(a)	1447
or (c) of this section, the court is not precluded from imposing	1448
an additional prison term under division (D)(1)(d) of this	1449
section.	1450

(e) The court shall not impose any of the prison terms	1451
described in division (D)(1)(a) of this section or any of the	1452
additional prison terms described in division (D)(1)(c) of this	1453
section upon an offender for a violation of section 2923.12 or	1454
2923.123 of the Revised Code. The court shall not impose any of	1455
the prison terms described in division (D)(1)(a) of this section	1456
or any of the additional prison terms described in division	1457
(D)(1)(c) of this section upon an offender for a violation of	1458
section 2923.13 of the Revised Code unless all of the following	1459
apply:	1460

(i) The offender previously has been convicted of aggravated	1461
murder, murder, or any felony of the first or second degree.	1462

(ii) Less than five years have passed since the offender was	1463
released from prison or post-release control, whichever is later,	1464
for the prior offense.	1465

(2)(a) If an offender who is convicted of or pleads guilty	1466
to a felony also is convicted of or pleads guilty to a	1467
specification of the type described in section 2941.149 of the	1468
Revised Code that the offender is a repeat violent offender, the	1469
court shall impose a prison term from the range of terms	1470
authorized for the offense under division (A) of this section that	1471
may be the longest term in the range and that shall not be reduced	1472
pursuant to section 2929.20, section 2967.193, or any other	1473
provision of Chapter 2967. or Chapter 5120. of the Revised Code.	1474
If the court finds that the repeat violent offender, in committing	1475
the offense, caused any physical harm that carried a substantial	1476
risk of death to a person or that involved substantial permanent	1477
incapacity or substantial permanent disfigurement of a person, the	1478
court shall impose the longest prison term from the range of terms	1479
authorized for the offense under division (A) of this section.	1480

(b) If the court imposing a prison term on a repeat violent	1481
offender imposes the longest prison term from the range of terms	1482
authorized for the offense under division (A) of this section, the	1483
court may impose on the offender an additional definite prison	1484
term of one, two, three, four, five, six, seven, eight, nine, or	1485
ten years if the court finds that both of the following apply with	1486
respect to the prison terms imposed on the offender pursuant to	1487
division (D)(2)(a) of this section and, if applicable, divisions	1488
(D)(1) and (3) of this section:	1489

(i) The terms so imposed are inadequate to punish the	1490
offender and protect the public from future crime, because the	1491
applicable factors under section 2929.12 of the Revised Code	1492
indicating a greater likelihood of recidivism outweigh the	1493
applicable factors under that section indicating a lesser	1494
likelihood of recidivism.	1495

(ii) The terms so imposed are demeaning to the seriousness	1496
of the offense, because one or more of the factors under section	1497
2929.12 of the Revised Code indicating that the offender's conduct	1498
is more serious than conduct normally constituting the offense are	1499
present, and they outweigh the applicable factors under that	1500
section indicating that the offender's conduct is less serious	1501
than conduct normally constituting the offense.	1502

(3)(a) Except when an offender commits a violation of	1503
section 2903.01 or 2907.02 of the Revised Code and the penalty	1504
imposed for the violation is life imprisonment or commits a	1505
violation of section 2903.02 of the Revised Code, if the offender	1506
commits a violation of section 2925.03 or 2925.11 of the Revised	1507
Code and that section classifies the offender as a major drug	1508
offender and requires the imposition of a ten-year prison term on	1509
the offender, if the offender commits a felony violation of	1510
section 2925.02, 2925.04, 2925.05, 2925.36, 3719.07, 3719.08,	1511
3719.16, 3719.161, 4729.37, or 4729.61, division (C) or (D) of	1512
section 3719.172, division (C) of section 4729.51, or division (J)	1513
of section 4729.54 of the Revised Code that includes the sale,	1514
offer to sell, or possession of a schedule I or II controlled	1515
substance, with the exception of marihuana, and the court imposing	1516
sentence upon the offender finds that the offender is guilty of a	1517
specification of the type described in section 2941.1410 of the	1518
Revised Code charging that the offender is a major drug offender,	1519
or if the court imposing sentence upon an offender for a felony	1520
finds that the offender is guilty of corrupt activity with the	1521
most serious offense in the pattern of corrupt activity being a	1522
felony of the first degree or is guilty of an attempted forcible	1523
violation of section 2907.02 of the Revised Code with the victim	1524
being under thirteen years of age and that attempted violation is	1525
the felony for which sentence is being imposed, the court shall	1526
impose upon the offender for the felony violation a ten-year	1527
prison term that cannot be reduced pursuant to section 2929.20 or	1528
Chapter 2967. or 5120. of the Revised Code.	1529

(b) The court imposing a prison term on an offender under	1530
division (D)(3)(a) of this section may impose an additional prison	1531
term of one, two, three, four, five, six, seven, eight, nine, or	1532
ten years, if the court, with respect to the term imposed under	1533
division (D)(3)(a) of this section and, if applicable, divisions	1534
(D)(1) and (2) of this section, makes both of the findings set	1535
forth in divisions (D)(2)(b)(i) and (ii) of this section.	1536

(4) If the offender is being sentenced for a third or fourth	1537
degree felony OMVI offense under division (G)(2) of section	1538
2929.13 of the Revised Code, the sentencing court shall impose	1539
upon the offender a mandatory prison term in accordance with that	1540
division. In addition to the mandatory prison term, the	1541
sentencing court may sentence the offender to an additional prison	1542
term of any duration specified in division (A)(3) of this section	1543
minus the sixty or one hundred twenty days imposed upon the	1544
offender as the mandatory prison term. The total of the	1545
additional prison term imposed under division (D)(4) of this	1546
section plus the sixty or one hundred twenty days imposed as the	1547
mandatory prison term shall equal one of the authorized prison	1548
terms specified in division (A)(3) of this section. If the court	1549
imposes an additional prison term under division (D)(4) of this	1550
section, the offender shall serve the additional prison term after	1551
the offender has served the mandatory prison term required for the	1552
offense. The court shall not sentence the offender to a community	1553
control sanction under section 2929.16 or 2929.17 of the Revised	1554
Code.	1555

(E)(1)(a) Subject to division (E)(1)(b) of this section, if	1556
a mandatory prison term is imposed upon an offender pursuant to	1557
division (D)(1)(a) of this section for having a firearm on or	1558
about the offender's person or under the offender's control while	1559
committing a felony, if a mandatory prison term is imposed upon an	1560
offender pursuant to division (D)(1)(c) of this section for	1561
committing a felony specified in that division by discharging a	1562
firearm from a motor vehicle, or if both types of mandatory prison	1563
terms are imposed, the offender shall serve any mandatory prison	1564
term imposed under either division consecutively to any other	1565
mandatory prison term imposed under either division or under	1566
division (D)(1)(d) of this section, consecutively to and prior to	1567
any prison term imposed for the underlying felony pursuant to	1568
division (A), (D)(2), or (D)(3) of this section or any other	1569
section of the Revised Code, and consecutively to any other prison	1570
term or mandatory prison term previously or subsequently imposed	1571
upon the offender.	1572

(b) If a mandatory prison term is imposed upon an offender	1573
pursuant to division (D)(1)(d) of this section for wearing or	1574
carrying body armor while committing an offense of violence that	1575
is a felony, the offender shall serve the mandatory term so	1576
imposed consecutively to any other mandatory prison term imposed	1577
under that division or under division (D)(1)(a) or (c) of this	1578
section, consecutively to and prior to any prison term imposed for	1579
the underlying felony under division (A), (D)(2), or (D)(3) of	1580
this section or any other section of the Revised Code, and	1581
consecutively to any other prison term or mandatory prison term	1582
previously or subsequently imposed upon the offender.	1583

(2) If an offender who is an inmate in a jail, prison, or	1584
other residential detention facility violates section 2917.02,	1585
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	1586
who is under detention at a detention facility commits a felony	1587
violation of section 2923.131 of the Revised Code, or if an	1588
offender who is an inmate in a jail, prison, or other residential	1589
detention facility or is under detention at a detention facility	1590
commits another felony while the offender is an escapee in	1591
violation of section 2921.34 of the Revised Code, any prison term	1592
imposed upon the offender for one of those violations shall be	1593
served by the offender consecutively to the prison term or term of	1594
imprisonment the offender was serving when the offender committed	1595
that offense and to any other prison term previously or	1596
subsequently imposed upon the offender.	1597

(3) If a prison term is imposed for a violation of division	1598
(B) of section 2911.01 of the Revised Code or if a prison term is	1599
imposed for a felony violation of division (B) of section 2921.331	1600
of the Revised Code, the offender shall serve that prison term	1601
consecutively to any other prison term or mandatory prison term	1602
previously or subsequently imposed upon the offender.	1603

(4) If multiple prison terms are imposed on an offender for	1604
convictions of multiple offenses, the court may require the	1605
offender to serve the prison terms consecutively if the court	1606
finds that the consecutive service is necessary to protect the	1607
public from future crime or to punish the offender and that	1608
consecutive sentences are not disproportionate to the seriousness	1609
of the offender's conduct and to the danger the offender poses to	1610
the public, and if the court also finds any of the following:	1611

(a) The offender committed one or more of the multiple	1612
offenses while the offender was awaiting trial or sentencing, was	1613
under a sanction imposed pursuant to section 2929.16, 2929.17, or	1614
2929.18 of the Revised Code, or was under post-release control for	1615
a prior offense.	1616

(b) TheAt least two of the multiple offenses were committed	1617
as part of one or more courses of conduct, and the harm caused by	1618
two or more of the multiple offenses so committed was so great or	1619
unusual that no single prison term for any of the offenses	1620
committed as part of a single courseany of the courses of conduct	1621
adequately reflects the seriousness of the offender's conduct.	1622

(c) The offender's history of criminal conduct demonstrates	1623
that consecutive sentences are necessary to protect the public	1624
from future crime by the offender.	1625

(5) When consecutive prison terms are imposed pursuant to	1626
division (E)(1), (2), (3), or (4) of this section, the term to be	1627
served is the aggregate of all of the terms so imposed.	1628

(F) If a court imposes a prison term of a type described in	1629
division (B) of section 2967.28 of the Revised Code, it shall	1630
include in the sentence a requirement that the offender be subject	1631
to a period of post-release control after the offender's release	1632
from imprisonment, in accordance with that division. If a court	1633
imposes a prison term of a type described in division (C) of that	1634
section, it shall include in the sentence a requirement that the	1635
offender be subject to a period of post-release control after the	1636
offender's release from imprisonment, in accordance with that	1637
division, if the parole board determines that a period of	1638
post-release control is necessary.	1639

(G) If a person is convicted of or pleads guilty to a	1640
sexually violent offense and also is convicted of or pleads guilty	1641
to a sexually violent predator specification that was included in	1642
the indictment, count in the indictment, or information charging	1643
that offense, the court shall impose sentence upon the offender in	1644
accordance with section 2971.03 of the Revised Code, and Chapter	1645
2971. of the Revised Code applies regarding the prison term or	1646
term of life imprisonment without parole imposed upon the offender	1647
and the service of that term of imprisonment.	1648

(H) If a person who has been convicted of or pleaded guilty	1649
to a felony is sentenced to a prison term or term of imprisonment	1650
under this section, sections 2929.02 to 2929.06 of the Revised	1651
Code, section 2971.03 of the Revised Code, or any other provision	1652
of law, section 5120.163 of the Revised Code applies regarding the	1653
person while the person is confined in a state correctional	1654
institution.	1655

(I) If an offender who is convicted of or pleads guilty to a	1656
felony that is an offense of violence also is convicted of or	1657
pleads guilty to a specification of the type described in section	1658
2941.142 of the Revised Code that charges the offender with having	1659
committed the felony while participating in a criminal gang, the	1660
court shall impose upon the offender an additional prison term of	1661
one, two, or three years.	1662

(J) If an offender who is convicted of or pleads guilty to	1663
aggravated murder, murder, or a felony of the first, second, or	1664
third degree that is an offense of violence also is convicted of	1665
or pleads guilty to a specification of the type described in	1666
section 2941.143 of the Revised Code that charges the offender	1667
with having committed the offense in a school safety zone or	1668
towards a person in a school safety zone, the court shall impose	1669
upon the offender an additional prison term of two years. The	1670
offender shall serve the additional two years consecutively to and	1671
prior to the prison term imposed for the underlying offense.	1672

(K) At the time of sentencing, the court shall determine if	1673
an offender is eligible for placement in a program of shock	1674
incarceration under section 5120.031 of the Revised Code or is	1675
eligible for placement in an intensive program prison under	1676
section 5120.032 of the Revised Code. The court may recommend the	1677
offender for placement in a program of shock incarceration, if	1678
eligible,under section 5120.031 of the Revised Code or for	1679
placement in an intensive program prison, if eligibleunder	1680
section 5120.032 of the Revised Code, disapprove placement of the	1681
offender in a program of shock incarceration or in an intensive	1682
program prison, regardless of eligibilityof that nature, or make	1683
no recommendation on placement of the offender. In no case shall	1684
the department of rehabilitation and correction place the offender	1685
in a program or prison of that nature unless the department	1686
determines as specified in section 5120.031 or 5120.032 of the	1687
Revised Code, whichever is applicable, that the offender is	1688
eligible for the placement.	1689

If the court disapproves placement of the offender in a	1690
program or prison of that nature, the department of rehabilitation	1691
and correction shall not place the offender in any program of	1692
shock incarceration or intensive program prison.	1693

If the court approvesrecommends placement of the offender in	1694
a program of shock incarceration or in an intensive program	1695
prison, the department shall notify the courtand if the offender	1696
is subsequently placed in the recommended program or prison, the	1697
department shall notify the court of the placement and shall	1698
include with the notice a brief description of the placement.	1699

If the court approvesrecommends placement of the offender in	1700
a program of shock incarceration or in an intensive program prison	1701
and the department does not subsequently place the offender in the	1702
recommended program or prison, the department shall send a notice	1703
to the court indicating why the offender was not placed in the	1704
recommended program or prison.	1705

If the court does not make a recommendation under this	1706
division with respect to an eligible offender and if the	1707
department determines as specified in section 5120.031 or 5120.032	1708
of the Revised Code, whichever is applicable, that the offender is	1709
eligible for placement in a program or prison of that nature, the	1710
department shall screen the offender and determine if there is an	1711
available program of shock incarceration or an intensive program	1712
prison for which the offender is suited. If there is an available	1713
program of shock incarceration or an intensive program prison for	1714
which the offender is suited, the department shall notify the	1715
court of the proposed placement of the offender as specified in	1716
section 5120.031 or 5120.032 of the Revised Code and shall include	1717
with the notice a brief description of the placement. The court	1718
shall have ten days from receipt of the notice to disapprove the	1719
placement.	1720

Sec. 2929.141. (A) As used in this section, "person on	1721
release" means a "releasee" or "parolee," both as defined in	1722
section 2967.01 of the Revised Code.	1723

(B) A person on release who by committing a felony violates	1724
any condition of parole, any post-release control sanction, or	1725
any conditions described in division (A) of section 2967.131 of	1726
the Revised Code that are imposed upon the person may be	1727
prosecuted for the new felony. Upon the person's conviction of or	1728
plea of guilty to the new felony, the court shall impose sentence	1729
for the new felony, the court may terminate the term of	1730
post-release control if the person is a releasee and the court may	1731
do either or both of the following for a person who is either a	1732
releasee or parolee regardless of whether the sentencing court or	1733
another court of this state imposed the original prison term for	1734
which the person is on parole or is serving a term of post-release	1735
control:	1736

(1) In addition to any prison term for the new felony,	1737
impose a prison term for the violation. If the person is a	1738
releasee, the maximum prison term for the violation shall be the	1739
greater of twelve months or the period of post-release control for	1740
the earlier felony minus any time the releasee has spent under	1741
post-release control for the earlier felony. In all cases, any	1742
prison term imposed for the violation shall be reduced by any	1743
prison term that is administratively imposed by the parole board	1744
or adult parole authority as a post-release control sanction. In	1745
all cases, a prison term imposed for the violation shall be served	1746
consecutively to any prison term imposed for the new felony. If	1747
the person is a releasee, a prison term imposed for the violation,	1748
and a prison term imposed for the new felony, shall not count as,	1749
or be credited toward, the remaining period of post-release	1750
control imposed for the earlier felony.	1751

(2) Impose a sanction under sections 2929.15 to 2929.18 of	1752
the Revised Code for the violation that shall be served	1753
concurrently or consecutively, as specified by the court, with any	1754
community control sanctions for the new felony.	1755

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	1756
hearing before imposing a sentence under this chapter upon an	1757
offender who was convicted of or pleaded guilty to a felony and	1758
before resentencing an offender who was convicted of or pleaded	1759
guilty to a felony and whose case was remanded pursuant to section	1760
2953.07 or 2953.08 of the Revised Code. At the hearing, the	1761
offender, the prosecuting attorney, the victim or the victim's	1762
representative in accordance with section 2930.14 of the Revised	1763
Code, and, with the approval of the court, any other person may	1764
present information relevant to the imposition of sentence in the	1765
case. The court shall inform the offender of the verdict of the	1766
jury or finding of the court and ask the offender whether the	1767
offender has anything to say as to why sentence should not be	1768
imposed upon the offender.	1769

(2) Except as otherwise provided in this division, before	1770
imposing sentence on an offender who is being sentenced for a	1771
sexually oriented offense that was committed on or after January	1772
1, 1997, and that is not a sexually violent offense, and before	1773
imposing sentence on an offender who is being sentenced for a	1774
sexually violent offense committed on or after January 1, 1997,	1775
and who was not charged with a sexually violent predator	1776
specification in the indictment, count in the indictment, or	1777
information charging the sexually violent offense, the court shall	1778
conduct a hearing in accordance with division (B) of section	1779
2950.09 of the Revised Code to determine whether the offender is a	1780
sexual predator. The court shall not conduct a hearing under that	1781
division if the offender is being sentenced for a sexually violent	1782
offense and a sexually violent predator specification was included	1783
in the indictment, count in the indictment, or information	1784
charging the sexually violent offense. Before imposing sentence	1785
on an offender who is being sentenced for a sexually oriented	1786
offense, the court also shall comply with division (E) of section	1787
2950.09 of the Revised Code.	1788

(B)(1) At the sentencing hearing, the court, before imposing	1789
sentence, shall consider the record, any information presented at	1790
the hearing by any person pursuant to division (A) of this	1791
section, and, if one was prepared, the presentence investigation	1792
report made pursuant to section 2951.03 of the Revised Code or	1793
Criminal Rule 32.2, and any victim impact statement made pursuant	1794
to section 2947.051 of the Revised Code.	1795

(2) The court shall impose a sentence and shall make a	1796
finding that gives its reasons for selecting the sentence imposed	1797
in any of the following circumstances:	1798

(a) Unless the offense is a sexually violent offense for	1799
which the court is required to impose sentence pursuant to	1800
division (G) of section 2929.14 of the Revised Code, if it imposes	1801
a prison term for a felony of the fourth or fifth degree or for a	1802
felony drug offense that is a violation of a provision of Chapter	1803
2925. of the Revised Code and that is specified as being subject	1804
to division (B) of section 2929.13 of the Revised Code for	1805
purposes of sentencing, its reasons for imposing the prison term,	1806
based upon the overriding purposes and principles of felony	1807
sentencing set forth in section 2929.11 of the Revised Code, and	1808
any factors listed in divisions (B)(1)(a) to (i) of section	1809
2929.13 of the Revised Code that it found to apply relative to the	1810
offender.	1811

(b) If it does not impose a prison term for a felony of the	1812
first or second degree or for a felony drug offense that is a	1813
violation of a provision of Chapter 2925. of the Revised Code and	1814
for which a presumption in favor of a prison term is specified as	1815
being applicable, its reasons for not imposing the prison term and	1816
for overriding the presumption, based upon the overriding purposes	1817
and principles of felony sentencing set forth in section 2929.11	1818
of the Revised Code, and the basis of the findings it made under	1819
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	1820

(c) If it imposes consecutive sentences under section	1821
2929.14 of the Revised Code, its reasons for imposing the	1822
consecutive sentences;	1823

(d) If the sentence is for one offense and it imposes a	1824
prison term for the offense that is the maximum prison term	1825
allowed for that offense by division (A) of section 2929.14 of the	1826
Revised Code, its reasons for imposing the maximum prison term;	1827

(e) If the sentence is for two or more offenses arising out	1828
of a single incident and it imposes a prison term for those	1829
offenses that is the maximum prison term allowed for the offense	1830
of the highest degree by division (A) of section 2929.14 of the	1831
Revised Code, its reasons for imposing the maximum prison term.	1832

(3) Subject to division (B)(4) of this section, if the	1833
sentencing court determines at the sentencing hearing that a	1834
prison term is necessary or required, the court shall do all of	1835
the following:	1836

(a) Impose a stated prison term;

1837

(b) Notify the offender that, as part of the sentence, the	1838
parole board may extend the stated prison term for certain	1839
violations of prison rules for up to one-half of the stated prison	1840
term;	1841

(c) Notify the offender that the offender will be supervised	1842
under section 2967.28 of the Revised Code after the offender	1843
leaves prison if the offender is being sentenced for a felony of	1844
the first degree or second degree, for a felony sex offense, or	1845
for a felony of the third degree in the commission of which the	1846
offender caused or threatened to cause physical harm to a person;	1847

(d) Notify the offender that the offender may be supervised	1848
under section 2967.28 of the Revised Code after the offender	1849
leaves prison if the offender is being sentenced for a felony of	1850
the third, fourth, or fifth degree that is not subject to division	1851
(B)(3)(c) of this section;	1852

(e) Notify the offender that, if a period of supervision is	1853
imposed following the offender's release from prison, as described	1854
in division (B)(3)(c) or (d) of this section, and if the offender	1855
violates that supervision or a condition of post-release control	1856
imposed under division (B) of section 2967.131 of the Revised	1857
Code, the parole board may impose a prison term, as part of the	1858
sentence, of up to one-half of the stated prison term originally	1859
imposed upon the offender;	1860

(f) Require that the offender not ingest or be injected with	1861
a drug of abuse and submit to random drug testing as provided in	1862
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	1863
is applicable to the offender who is serving a prison term, and	1864
require that the results of the drug test administered under any	1865
of those sections indicate that the offender did not ingest or was	1866
not injected with a drug of abuse.	1867

(4) If the offender is being sentenced for a sexually	1868
violent offense that the offender committed on or after January 1,	1869
1997, and the offender also is convicted of or pleads guilty to a	1870
sexually violent predator specification that was included in the	1871
indictment, count in the indictment, or information charging the	1872
sexually violent offense or if the offender is being sentenced for	1873
a sexually oriented offense that the offender committed on or	1874
after January 1, 1997, and the court imposing the sentence has	1875
determined pursuant to division (B) of section 2950.09 of the	1876
Revised Code that the offender is a sexual predator, the court	1877
shall include in the offender's sentence a statement that the	1878
offender has been adjudicated as being a sexual predator and shall	1879
comply with the requirements of section 2950.03 of the Revised	1880
Code. Additionally, in the circumstances described in division	1881
(G) of section 2929.14 of the Revised Code, the court shall impose	1882
sentence on the offender as described in that division.	1883

(5) If the sentencing court determines at the sentencing	1884
hearing that a community control sanction should be imposed and	1885
the court is not prohibited from imposing a community control	1886
sanction, the court shall impose a community control sanction. The	1887
court shall notify the offender that, if the conditions of the	1888
sanction are violated, if the offender commits a violation of any	1889
law, or if the offender leaves this state without the permission	1890
of the court or the offender's probation officer, the court may	1891
impose a longer time under the same sanction, may impose a more	1892
restrictive sanction, or may impose a prison term on the offender	1893
and shall indicate the specific prison term that may be imposed as	1894
a sanction for the violation, as selected by the court from the	1895
range of prison terms for the offense pursuant to section 2929.14	1896
of the Revised Code.	1897

(6) Before imposing a financial sanction under section	1898
2929.18 of the Revised Code or a fine under section 2929.25 of the	1899
Revised Code, the court shall consider the offender's present and	1900
future ability to pay the amount of the sanction or fine.	1901

(C)(1) If the offender is being sentenced for a fourth	1902
degree felony OMVI offense under division (G)(1) of section	1903
2929.13 of the Revised Code, the court shall impose the mandatory	1904
term of local incarceration in accordance with that division,	1905
shall impose a mandatory fine in accordance with division (B)(3)	1906
of section 2929.18 of the Revised Code, and, in addition, may	1907
impose additional sanctions as specified in sections 2929.15,	1908
2929.16, 2929.17, and 2929.18 of the Revised Code. The court	1909
shall not impose a prison term on the offender.	1910

(2) If the offender is being sentenced for a third or fourth	1911
degree felony OMVI offense under division (G)(2) of section	1912
2929.13 of the Revised Code, the court shall impose the mandatory	1913
prison term in accordance with that division, shall impose a	1914
mandatory fine in accordance with division (B)(3) of section	1915
2929.18 of the Revised Code, and, in addition, may impose an	1916
additional prison term as specified in section 2929.14 of the	1917
Revised Code. The court shall not impose any community control	1918
sanction on the offender.	1919

(D) If theThe sentencing court determines at the sentencing	1920
hearing that an offender is eligible for placement in a program of	1921
shock incarceration under section 5120.031 of the Revised Code or	1922
in an intensive program prison under section 5120.032 of the	1923
Revised Code, the court, pursuant to division (K) of section	1924
2929.14 of the Revised Code, may recommend placement of the	1925
offender in a program of shock incarceration under section	1926
5120.031 of the Revised Code or an intensive program prison under	1927
section 5120.032 of the Revised Code, disapprove placement of the	1928
offender in a program or prison of that nature, or make no	1929
recommendation. TheIf the court recommends or disapproves	1930
placement, it shall make a finding that gives its reasons for its	1931
recommendation or disapproval.	1932

Sec. 2929.20.  (A) As used in this section, "eligible	1933
offender" means any person serving a stated prison term of ten	1934
years or less when either of the following applies:	1935

(1) The stated prison term does not include a mandatory	1936
prison term.	1937

(2) The stated prison term includes a mandatory prison term,	1938
and the person has served the mandatory prison term.	1939

(B) Upon the filing of a motion by the eligible offender or	1940
upon its own motion, a sentencing court may reduce the offender's	1941
stated prison term through a judicial release in accordance with	1942
this section. The court shall not reduce the stated prison term	1943
of an offender who is not an eligible offender. An eligible	1944
offender may file a motion for judicial release with the	1945
sentencing court within the following applicable period of time:	1946

(1)(a) Except as otherwise provided in division (B)(1)(b) or	1947
(c) of this section, if the stated prison term was imposed for a	1948
felony of the fourth or fifth degree, the eligible offender may	1949
file the motion not earlier than thirty days or later than ninety	1950
days after the offender is delivered to a state correctional	1951
institution.	1952

(b) If the stated prison term is five years and is an	1953
aggregate of stated prison terms that are being served	1954
consecutively and that were imposed for any combination of	1955
felonies of the fourth degree and felonies of the fifth degree,	1956
the eligible offender may file the motion after the eligible	1957
offender has served four years of the stated prison term.	1958

(c) If the stated prison term is more than five years and	1959
lessnot more than ten years and is an aggregate of stated prison	1960
terms that are being served consecutively and that were imposed	1961
for any combination of felonies of the fourth degree and felonies	1962
of the fifth degree, the eligible offender may file the motion	1963
after the eligible offender has served five years of the stated	1964
prison term.	1965

(2) Except as otherwise provided in division (B)(3) or (4)	1966
of this section, if the stated prison term was imposed for a	1967
felony of the first, second, or third degree, the eligible	1968
offender may file the motion not earlier than one hundred eighty	1969
days after the offender is delivered to a state correctional	1970
institution.	1971

(3) If the stated prison term is five years, the eligible	1972
offender may file the motion after the eligible offender has	1973
served four years of the stated prison term.	1974

(4) If the stated prison term is more than five years and	1975
lessnot more than ten years, the eligible offender may file the	1976
motion after the eligible offender has served five years of the	1977
stated prison term.	1978

(5) If the offender's stated prison term includes a	1979
mandatory prison term, the offender shall file the motion within	1980
the time authorized under division (B)(1), (2), (3), or (4) of	1981
this section for the nonmandatory portion of the prison term, but	1982
the time for filing the motion does not begin to run until after	1983
the expiration of the mandatory portion of the prison term.	1984

(C) Upon receipt of a timely motion for judicial release	1985
filed by an eligible offender under division (B) of this section	1986
or upon the sentencing court's own motion made within the	1987
appropriate time period specified in that division, the court may	1988
schedule a hearing on the motion. The court may deny the motion	1989
without a hearing but shall not grant the motion without a	1990
hearing. If a court denies a motion without a hearing, the court	1991
may consider a subsequent judicial release for that eligible	1992
offender on its own motion or a subsequent motion filed by that	1993
eligible offender. If a court denies a motion after a hearing,	1994
the court shall not consider a subsequent motion for that eligible	1995
offender. The court shall hold only one hearing for any eligible	1996
offender.	1997

A hearing under this section shall be conducted in open court	1998
within sixty days after the date on which the motion is filed,	1999
provided that the court may delay the hearing for a period not to	2000
exceed one hundred eighty additional days. If the court holds a	2001
hearing on the motion, the court shall enter a ruling on the	2002
motion within ten days after the hearing. If the court denies the	2003
motion without a hearing, the court shall enter its ruling on the	2004
motion within sixty days after the motion is filed.	2005

(D) If a court schedules a hearing under division (C) of	2006
this section, the court shall notify the eligible offender of the	2007
hearing. The eligible offender promptly shall give a copy of the	2008
notice of the hearing to the head of the state correctional	2009
institution in which the eligible offender is confined. If the	2010
court schedules a hearing for judicial release, the court promptly	2011
shall give notice of the hearing to the prosecuting attorney of	2012
the county in which the eligible offender was indicted. Upon	2013
receipt of the notice from the court, the prosecuting attorney	2014
shall notify the victim of the offense for which the stated prison	2015
term was imposed or the victim's representative, pursuant to	2016
section 2930.16 of the Revised Code, of the hearing.	2017

(E) Prior to the date of the hearing on a motion for	2018
judicial release under this section, the head of the state	2019
correctional institution in which the eligible offender in	2020
question is confined shall send to the court a report on the	2021
eligible offender's conduct in the institution and in any	2022
institution from which the eligible offender may have been	2023
transferred. The report shall cover the eligible offender's	2024
participation in school, vocational training, work, treatment, and	2025
other rehabilitative activities and any disciplinary action taken	2026
against the eligible offender. The report shall be made part of	2027
the record of the hearing.	2028

(F) If the court grants a hearing on a motion for judicial	2029
release under this section, the eligible offender shall attend the	2030
hearing if ordered to do so by the court. Upon receipt of a copy	2031
of the journal entry containing the order, the head of the state	2032
correctional institution in which the eligible offender is	2033
incarcerated shall deliver the eligible offender to the sheriff of	2034
the county in which the hearing is to be held. The sheriff shall	2035
convey the eligible offender to the hearing and return the	2036
offender to the institution after the hearing.	2037

(G) At the hearing on a motion for judicial release under	2038
this section, the court shall afford the eligible offender and the	2039
eligible offender's attorney an opportunity to present written	2040
information relevant to the motion and shall afford the eligible	2041
offender, if present, and the eligible offender's attorney an	2042
opportunity to present oral information relevant to the motion.	2043
The court shall afford a similar opportunity to the prosecuting	2044
attorney, the victim or the victim's representative, as defined in	2045
section 2930.01 of the Revised Code, and any other person the	2046
court determines is likely to present additional relevant	2047
information. The court shall consider any statement of a victim	2048
made pursuant to section 2930.14 or 2930.17 of the Revised Code,	2049
any victim impact statement prepared pursuant to section 2947.051	2050
of the Revised Code, and any report made under division (E) of	2051
this section. After ruling on the motion, the court shall notify	2052
the victim of the ruling in accordance with sections 2930.03 and	2053
2930.16 of the Revised Code.	2054

(H)(1) A court shall not grant a judicial release under this	2055
section to an eligible offender who is imprisoned for a felony of	2056
the first or second degree, or to an eligible offender who	2057
committed an offense contained in Chapter 2925. or 3719. of the	2058
Revised Code and for whom there was a presumption under section	2059
2929.13 of the Revised Code in favor of a prison term, unless the	2060
court, with reference to factors under section 2929.12 of the	2061
Revised Code, finds both of the following:	2062

(a) That a sanction other than a prison term would	2063
adequately punish the offender and protect the public from future	2064
criminal violations by the eligible offender because the	2065
applicable factors indicating a lesser likelihood of recidivism	2066
outweigh the applicable factors indicating a greater likelihood of	2067
recidivism;	2068

(b) That a sanction other than a prison term would not	2069
demean the seriousness of the offense because factors indicating	2070
that the eligible offender's conduct in committing the offense was	2071
less serious than conduct normally constituting the offense	2072
outweigh factors indicating that the eligible offender's conduct	2073
was more serious than conduct normally constituting the offense.	2074

(2) A court that grants a judicial release to an eligible	2075
offender under division (H)(1) of this section shall specify on	2076
the record both findings required in that division and also shall	2077
list all the factors described in that division that were	2078
presented at the hearing.	2079

(I) If the court grants a motion for judicial release under	2080
this section, the court shall order the release of the eligible	2081
offender, shall place the eligible offender under an appropriate	2082
community control sanction, under appropriate community control	2083
conditions, and under the supervision of the department of	2084
probation serving the court, and shall reserve the right to	2085
reimpose the sentence that it reduced pursuant to the judicial	2086
release if the offender violates the sanction. If the court	2087
reimposes the reduced sentence pursuant to this reserved right, it	2088
may do so either concurrently with, or consecutive to, any new	2089
sentence imposed upon the eligible offender as a result of the	2090
violation that is a new offense. The period of the community	2091
control sanction shall be no longer than five years. The court,	2092
in its discretion, may reduce the period of the community control	2093
sanction by the amount of time the eligible offender spent in jail	2094
for the offense and in prison. If the court made any findings	2095
pursuant to division (H)(1) of this section, the court shall serve	2096
a copy of the findings upon counsel for the parties within fifteen	2097
days after the date on which the court grants the motion for	2098
judicial release.	2099

Prior to being released pursuant to a judicial release	2100
granted under this section, the eligible offender shall serve any	2101
extension of sentence that was imposed under section 2967.11 of	2102
the Revised Code.	2103

Sec. 2951.041.  (A)(1) If an offender is charged with a	2104
criminal offense and the court has reason to believe that drug or	2105
alcohol usage by the offender was a factor leading to the	2106
offender's criminal behavior, the court may accept, prior to the	2107
entry of a guilty plea, the offender's request for intervention in	2108
lieu of conviction. The request shall include a waiver of the	2109
defendant's right to a speedy trial, the preliminary hearing, the	2110
time period within which the grand jury may consider an indictment	2111
against the offender, and arraignment, unless the hearing,	2112
indictment, or arraignment has already occurred. The court may	2113
reject an offender's request without a hearing. If the court	2114
elects to consider an offender's request, the court shall conduct	2115
a hearing to determine whether the offender is eligible under this	2116
section for intervention in lieu of conviction and shall stay all	2117
criminal proceedings pending the outcome of the hearing. If the	2118
court schedules a hearing, the court shall order an assessment of	2119
the offender for the purpose of determining the offender's	2120
eligibility for intervention in lieu of conviction and	2121
recommending an appropriate intervention plan.	2122

(2) The victim notification provisions of division (C) of	2123
section 2930.08 of the Revised Code apply in relation to any	2124
hearing held under division (A)(1) of this section.	2125

(B)(1) An offender is eligible for intervention in lieu of	2126
conviction if the court finds all of the following:	2127

(1)(a) The offender previously has not been convicted of or	2128
pleaded guilty to a felony, previously has not been through	2129
intervention in lieu of conviction under this section or any	2130
similar regimen, and is charged with a felony for which the court,	2131
upon conviction, would impose sentence under division (B)(2)(b) of	2132
section 2929.13 of the Revised Code or with a misdemeanor.	2133

(2)(b) The offense is not a felony of the first, second, or	2134
third degree, is not an offense of violence, is not a violation of	2135
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	2136
not a violation of division (A)(1) of section 2903.08 of the	2137
Revised Code, is not a violation of division (A) of section	2138
4511.19 of the Revised Code or a municipal ordinance that is	2139
substantially similar to that division, and is not an offense for	2140
which a sentencing court is required to impose a mandatory prison	2141
term, a mandatory term of local incarceration, or a mandatory term	2142
of imprisonment in a jail.	2143

(3)(c) The offender is not charged with a violation of	2144
section 2925.02, 2925.03, 2925.04, or 2925.06, orof the Revised	2145
Code and is not charged with a violation of section 2925.11 of the	2146
Revised Code that is a felony of the first, second, or third	2147
degree.	2148

(4)(d) The offender is not charged with a violation of	2149
section 2925.11 of the Revised Code that is a felony of the fourth	2150
degree, or the offender is charged with a violation of that	2151
section that is a felony of the fourth degree, and the prosecutor	2152
in the case has recommended that the offender be classified as	2153
being eligible for intervention in lieu of conviction under this	2154
section.	2155

(5)(e) The offender has been assessed by an appropriately	2156
licensed provider, certified facility, or licensed and	2157
credentialed professional, including, but not limited to, a	2158
program licensed by the department of alcohol and drug addiction	2159
services pursuant to section 3793.11 of the Revised Code, a	2160
program certified by that department pursuant to section 3793.06	2161
of the Revised Code, a public or private hospital, the United	2162
States department of veterans affairs, another appropriate agency	2163
of the government of the United States, or a licensed physician,	2164
psychiatrist, psychologist, independent social worker,	2165
professional counselor, or chemical dependency counselor for the	2166
purpose of determining the offender's eligibility for intervention	2167
in lieu of conviction and recommending an appropriate intervention	2168
plan.	2169

(6)(f) The offender's drug or alcohol usage was a factor	2170
leading to the criminal offense with which the offender is	2171
charged, intervention in lieu of conviction would not demean the	2172
seriousness of the offense, and intervention would substantially	2173
reduce the likelihood of any future criminal activity.	2174

(7) The alleged victim of the offense was not sixty-five	2175
years of age or older, permanently and totally disabled, under	2176
thirteen years of age, or a peace officer engaged in the officer's	2177
official duties at the time of the alleged offense.	2178

(8) If the offender is charged with a violation of section	2179
2925.24 of the Revised Code, the alleged violation did not result	2180
in physical harm to any person, and the offender previously has	2181
not been treated for drug abuse.	2182

(9) The offender is willing to comply with all terms and	2183
conditions imposed by the court pursuant to division (D) of this	2184
section.	2185

(C)(2) At the conclusion of a hearing held pursuant to	2186
division (A) of this section, the court shall enter its	2187
determination as to whether the offender is eligible for	2188
intervention in lieu of conviction and as to whether to grant the	2189
offender's request. If the court finds under division (B)(1) of	2190
this section that the offender is eligible for treatment	2191
intervention in lieu of conviction and grants the offender's	2192
request, the court shall accept the offender's plea of guilty and	2193
waiver of the defendant's right to a speedy trial, the preliminary	2194
hearing, the time period within which the grand jury may consider	2195
an indictment against the offender, and arraignment, unless the	2196
hearing, indictment, or arraignment has already occurred. In	2197
addition, the court then may stay all criminal proceedings and	2198
order the offender to comply with all terms and conditions imposed	2199
by the court pursuant to division (D) of this section. If the	2200
court finds that the offender is not eligible or does not grant	2201
the offender's request, the criminal proceedings against the	2202
offender shall proceed as if the offender's request for	2203
intervention in lieu of conviction had not been made.	2204

(D) If the court grants an offender's request for	2205
intervention in lieu of conviction, the court shall place the	2206
offender under the general control and supervision of the county	2207
probation department, the adult parole authority, or another	2208
appropriate local probation or court services agency, if one	2209
exists, as if the offender was subject to a community control	2210
sanction imposed under section 2929.15 or 2929.18 of the Revised	2211
Code or was on probation under sections 2929.51 and 2951.02 of the	2212
Revised Code and other provisions of the misdemeanor sentencing	2213
law. The court shall establish an intervention plan for the	2214
offender. The terms and conditions of the intervention plan shall	2215
require the offender, for at least one year from the date on which	2216
the court grants the order of intervention in lieu of conviction,	2217
to abstain from the use of illegal drugs and alcohol and to submit	2218
to regular random testing for drug and alcohol use and may include	2219
any other treatment terms and conditions, or terms and conditions	2220
similar to community control sanctions, that are ordered by the	2221
court.	2222

(E) If the court grants an offender's request for	2223
intervention in lieu of conviction and the court finds that the	2224
offender has successfully completed the intervention plan for the	2225
offender, including the requirement that the offender abstain from	2226
using drugs and alcohol for a period of at least one year from the	2227
date on which the court granted the order of intervention in lieu	2228
of conviction and all other terms and conditions ordered by the	2229
court, the court shall dismiss the proceedings against the	2230
offender. Successful completion of the intervention plan and	2231
period of abstinence under this section shall be without	2232
adjudication of guilt and is not a criminal conviction for	2233
purposes of any disqualification or disability imposed by law and	2234
upon conviction of a crime, and the court may order the sealing of	2235
records related to the offense in question in the manner provided	2236
in sections 2953.31 to 2953.36 of the Revised Code.	2237

(F) If the court grants an offender's request for	2238
intervention in lieu of conviction and the offender fails to	2239
comply with any term or condition imposed as part of the	2240
intervention plan for the offender, the supervising authority for	2241
the offender promptly shall advise the court of this failure, and	2242
the court shall hold a hearing to determine whether the offender	2243
failed to comply with any term or condition imposed as part of the	2244
plan. If the court determines that the offender has failed to	2245
comply with any of those terms and conditions, it shall enter a	2246
finding of guilty and shall impose an appropriate sanction under	2247
Chapter 2929. of the Revised Code.	2248

(G) As used in this section:

2249

(1) "Community control sanction" has the same meaning as in	2250
section 2929.01 of the Revised Code.	2251

(2) "Intervention in lieu of conviction" means any	2252
court-supervised activity that complies with this section.	2253

(3) "Peace officer" has the same meaning as in section	2254
2935.01 of the Revised Code.	2255

Sec. 2967.16.  (A) Except as provided in division (D) of	2256
this section, when a paroled prisoner has faithfully performed the	2257
conditions and obligations of the paroled prisoner's parole and	2258
has obeyed the rules and regulations adopted by the adult parole	2259
authority that apply to the paroled prisoner, the authority upon	2260
the recommendation of the superintendent of parole supervision may	2261
enter upon its minutes a final release and thereupon shall issue	2262
to the paroled prisoner a certificate of final release, but the	2263
authority shall not grant a final release earlier than one year	2264
after the paroled prisoner is released from the institution on	2265
parole, and, in the case of a paroled prisoner whose minimum	2266
sentence is life imprisonment, the authority shall not grant a	2267
final release earlier than five years after the paroled prisoner	2268
is released from the institution on parole.	2269

(B)(1) When a prisoner who has been released under a period	2270
of post-release control pursuant to section 2967.28 of the Revised	2271
Code has faithfully performed the conditions and obligations of	2272
the released prisoner's post-release control sanctions and has	2273
obeyed the rules and regulations adopted by the adult parole	2274
authority that apply to the released prisoner or has the period of	2275
post-release control terminated by a court pursuant to section	2276
2929.141 of the Revised Code, the authority, upon the	2277
recommendation of the superintendent of parole supervision, may	2278
enter upon its minutes a final release and, upon the entry of the	2279
final release, shall issue to the released prisoner a certificate	2280
of final release. In the case of a prisoner who has been released	2281
under a period of post-release control pursuant to division (B) of	2282
section 2967.28 of the Revised Code, the authority shall not grant	2283
a final release earlier than one year after the released prisoner	2284
is released from the institution under a period of post-release	2285
control. The authority shall classify the termination of	2286
post-release control as favorable or unfavorable depending on the	2287
offender's conduct and compliance with the conditions of	2288
supervision. In the case of a released prisoner whose sentence is	2289
life imprisonment, the authority shall not grant a final release	2290
earlier than five years after the released prisoner is released	2291
from the institution under a period of post-release control.	2292

(2) The department of rehabilitation and correction, no	2293
later than six months after the effective date of this section	2294
shall adopt a rule in accordance with Chapter 119. of the Revised	2295
Code that establishes the criteria for the classification of a	2296
post-release control termination as "favorable" or "unfavorable."	2297

(C) The following prisoners or person shall be restored to	2298
the rights and privileges forfeited by a conviction:	2299

(1) A prisoner who has served the entire prison term that	2300
comprises or is part of the prisoner's sentence and has not been	2301
placed under any post-release control sanctions;	2302

(2) A prisoner who has been granted a final release by the	2303
adult parole authority pursuant to division (A) or (B) of this	2304
section;	2305

(3) A person who has completed the period of a community	2306
control sanction or combination of community control sanctions, as	2307
defined in section 2929.01 of the Revised Code, that was imposed	2308
by the sentencing court.	2309

(D) Division (A) of this section does not apply to a	2310
prisoner in the shock incarceration program established pursuant	2311
to section 5120.031 of the Revised Code.	2312

(E) The adult parole authority shall record the final	2313
release of a parolee or prisoner in the official minutes of the	2314
authority.	2315

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

2316

(1) "Monitored time" means the monitored time sanction	2317
specified in section 2929.17 of the Revised Code.	2318

(2) "Deadly weapon" and "dangerous ordnance" have the same	2319
meanings as in section 2923.11 of the Revised Code.	2320

(3) "Felony sex offense" means a violation of a section	2321
contained in Chapter 2907. of the Revised Code that is a felony.	2322

(B) Each sentence to a prison term for a felony of the first	2323
degree, for a felony of the second degree, for a felony sex	2324
offense, or for a felony of the third degree that is not a felony	2325
sex offense and in the commission of which the offender caused or	2326
threatened to cause physical harm to a person shall include a	2327
requirement that the offender be subject to a period of	2328
post-release control imposed by the parole board after the	2329
offender's release from imprisonment. Unless reduced by the	2330
parole board pursuant to division (D) of this section when	2331
authorized under that division, a period of post-release control	2332
required by this division for an offender shall be of one of the	2333
following periods:	2334

(1) For a felony of the first degree or for a felony sex	2335
offense, five years;	2336

(2) For a felony of the second degree that is not a felony	2337
sex offense, three years;	2338

(3) For a felony of the third degree that is not a felony	2339
sex offense and in the commission of which the offender caused or	2340
threatened physical harm to a person, three years.	2341

(C) Any sentence to a prison term for a felony of the third,	2342
fourth, or fifth degree that is not subject to division (B)(1) or	2343
(3) of this section shall include a requirement that the offender	2344
be subject to a period of post-release control of up to three	2345
years after the offender's release from imprisonment, if the	2346
parole board, in accordance with division (D) of this section,	2347
determines that a period of post-release control is necessary for	2348
that offender.	2349

(D)(1) Before the prisoner is released from imprisonment,	2350
the parole board shall impose upon a prisoner described in	2351
division (B) of this section, may impose upon a prisoner described	2352
in division (C) of this section, and shall impose upon a prisoner	2353
described in division (B)(2)(b) of section 5120.031 or in division	2354
(B)(1) of section 5120.032 of the Revised Code, one or more	2355
post-release control sanctions to apply during the prisoner's	2356
period of post-release control. Whenever the board imposes one or	2357
more post-release control sanctions upon a prisoner, the board, in	2358
addition to imposing the sanctions, also shall include as a	2359
condition of the post-release control that the individual or felon	2360
not leave the state without permission of the court or the	2361
individual's or felon's parole or probation officer and that the	2362
individual or felon abide by the law. The board may impose any	2363
other conditions of release under a post-release control sanction	2364
that the board considers appropriate, and the conditions of	2365
release may include any community residential sanction, community	2366
nonresidential sanction, or financial sanction that the sentencing	2367
court was authorized to impose pursuant to sections 2929.16,	2368
2929.17, and 2929.18 of the Revised Code. Prior to the release of	2369
a prisoner for whom it will impose one or more post-release	2370
control sanctions under this division, the parole board shall	2371
review the prisoner's criminal history, all juvenile court	2372
adjudications finding the prisoner, while a juvenile, to be a	2373
delinquent child, and the record of the prisoner's conduct while	2374
imprisoned. The parole board shall consider any recommendation	2375
regarding post-release control sanctions for the prisoner made by	2376
the office of victims' services. After considering those	2377
materials, the board shall determine, for a prisoner described in	2378
division (B) of this section, division (B)(2)(b) of section	2379
5120.031, or division (B)(1) of section 5120.032 of the Revised	2380
Code, which post-release control sanction or combination of	2381
post-release control sanctions is reasonable under the	2382
circumstances or, for a prisoner described in division (C) of this	2383
section, whether a post-release control sanction is necessary and,	2384
if so, which post-release control sanction or combination of	2385
post-release control sanctions is reasonable under the	2386
circumstances. In the case of a prisoner convicted of a felony of	2387
the fourth or fifth degree other than a felony sex offense, the	2388
board shall presume that monitored time is the appropriate	2389
post-release control sanction unless the board determines that a	2390
more restrictive sanction is warranted. A post-release control	2391
sanction imposed under this division takes effect upon the	2392
prisoner's release from imprisonment.	2393

(2) At any time after a prisoner is released from	2394
imprisonment and during the period of post-release control	2395
applicable to the releasee, the adult parole authority may review	2396
the releasee's behavior under the post-release control sanctions	2397
imposed upon the releasee under this section. The authority may	2398
determine, based upon the review and in accordance with the	2399
standards established under division (E) of this section, that a	2400
more restrictive or a less restrictive sanction is appropriate and	2401
may impose a different sanction. Unless the period of	2402
post-release control was imposed for an offense described in	2403
division (B)(1) of this section, the authority also may recommend	2404
that the parole board reduce the duration of the period of	2405
post-release control imposed by the court. If the authority	2406
recommends that the board reduce the duration of control for an	2407
offense described in division (B)(2), (B)(3), or (C) of this	2408
section, the board shall review the releasee's behavior and may	2409
reduce the duration of the period of control imposed by the court.	2410
In no case shall the board reduce the duration of the period of	2411
control imposed by the court for an offense described in division	2412
(B)(1) of this section, and in no case shall the board permit the	2413
releasee to leave the state without permission of the court or the	2414
releasee's parole or probation officer.	2415

(E) The department of rehabilitation and correction, in	2416
accordance with Chapter 119. of the Revised Code, shall adopt	2417
rules that do all of the following:	2418

(1) Establish standards for the imposition by the parole	2419
board of post-release control sanctions under this section that	2420
are consistent with the overriding purposes and sentencing	2421
principles set forth in section 2929.11 of the Revised Code and	2422
that are appropriate to the needs of releasees;	2423

(2) Establish standards by which the parole board can	2424
determine which prisoners described in division (C) of this	2425
section should be placed under a period of post-release control;	2426

(3) Establish standards to be used by the parole board in	2427
reducing the duration of the period of post-release control	2428
imposed by the court when authorized under division (D) of this	2429
section, in imposing a more restrictive post-release control	2430
sanction than monitored time upon a prisoner convicted of a felony	2431
of the fourth or fifth degree other than a felony sex offense, or	2432
in imposing a less restrictive control sanction upon a releasee	2433
based on the releasee's activities including, but not limited to,	2434
remaining free from criminal activity and from the abuse of	2435
alcohol or other drugs, successfully participating in approved	2436
rehabilitation programs, maintaining employment, and paying	2437
restitution to the victim or meeting the terms of other financial	2438
sanctions;	2439

(4) Establish standards to be used by the adult parole	2440
authority in modifying a releasee's post-release control sanctions	2441
pursuant to division (D)(2) of this section;	2442

(5) Establish standards to be used by the adult parole	2443
authority or parole board in imposing further sanctions under	2444
division (F) of this section on releasees who violate post-release	2445
control sanctions, including standards that do the following:	2446

(a) Classify violations according to the degree of	2447
seriousness;	2448

(b) Define the circumstances under which formal action by	2449
the parole board is warranted;	2450

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

2451

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

2452

(e) Prescribe nonresidential community control sanctions for	2453
most misdemeanor and technical violations;	2454

(f) Provide procedures for the return of a releasee to	2455
imprisonment for violations of post-release control.	2456

(F)(1) If a post-release control sanction is imposed upon an	2457
offender under this section, the offender upon release from	2458
imprisonment shall be under the general jurisdiction of the adult	2459
parole authority and generally shall be supervised by the parole	2460
supervision section through its staff of parole and field officers	2461
as described in section 5149.04 of the Revised Code, as if the	2462
offender had been placed on parole. If the offender upon release	2463
from imprisonment violates the post-release control sanction or	2464
any conditions described in division (A) of section 2967.131 of	2465
the Revised Code that are imposed on the offender, the public or	2466
private person or entity that operates or administers the sanction	2467
or the program or activity that comprises the sanction shall	2468
report the violation directly to the adult parole authority or to	2469
the officer of the authority who supervises the offender. The	2470
authority's officers may treat the offender as if the offender	2471
were on parole and in violation of the parole, and otherwise shall	2472
comply with this section.	2473

(2) If the adult parole authority determines that a releasee	2474
has violated a post-release control sanction or any conditions	2475
described in division (A) of section 2967.131 of the Revised Code	2476
imposed upon the releasee and that a more restrictive sanction is	2477
appropriate, the authority may impose a more restrictive sanction	2478
upon the releasee, in accordance with the standards established	2479
under division (E) of this section, or may report the violation to	2480
the parole board for a hearing pursuant to division (F)(3) of this	2481
section. The authority may not, pursuant to this division,	2482
increase the duration of the releasee's post-release control or	2483
impose as a post-release control sanction a residential sanction	2484
that includes a prison term, but the authority may impose on the	2485
releasee any other residential sanction, nonresidential sanction,	2486
or financial sanction that the sentencing court was authorized to	2487
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the	2488
Revised Code.	2489

(3) The parole board may hold a hearing on any alleged	2490
violation by a releasee of a post-release control sanction or any	2491
conditions described in division (A) of section 2967.131 of the	2492
Revised Code that are imposed upon the releasee. If after the	2493
hearing the board finds that the releasee violated the sanction or	2494
condition, the board may increase the duration of the releasee's	2495
post-release control up to the maximum duration authorized by	2496
division (B) or (C) of this section or impose a more restrictive	2497
post-release control sanction. When appropriate, the board may	2498
impose as a post-release control sanction a residential sanction	2499
that includes a prison term. The board shall consider a prison	2500
term as a post-release control sanction imposed for a violation of	2501
post-release control when the violation involves a deadly weapon	2502
or dangerous ordnance, physical harm or attempted serious physical	2503
harm to a person, or sexual misconduct, or when the releasee	2504
committed repeated violations of post-release control sanctions.	2505
The period of a prison term that is imposed as a post-release	2506
control sanction under this division shall not exceed nine months,	2507
and the maximum cumulative prison term for all violations under	2508
this division shall not exceed one-half of the stated prison term	2509
originally imposed upon the offender as part of this sentence. The	2510
period of a prison term that is imposed as a post-release control	2511
sanction under this division shall not count as, or be credited	2512
toward, the remaining period of post-release control.	2513

If an offender is imprisoned for a felony committed while	2514
under post-release control supervision and is again released on	2515
post-release control for a period of time determined by division	2516
(F)(4)(d) of this section, the maximum cumulative prison term for	2517
all violations under this division shall not exceed one-half of	2518
the total stated prison terms of the earlier felony, reduced by	2519
any prison term administratively imposed by the parole board, plus	2520
one-half of the total stated prison term of the new felony.	2521

(4) A parolee or releasee who has violated any condition of	2522
parole, any post-release control sanction, or any conditions	2523
described in division (A) of section 2967.131 of the Revised Code	2524
that are imposed upon the releasee by committing a felony may be	2525
prosecuted for the new felony, and, upon conviction, the court	2526
shall impose sentence for the new felony. In addition to the	2527
sentence imposed for the new felony, the court may impose a prison	2528
term for the violation, and the term imposed for the violation	2529
shall be reduced by any prison term that is administratively	2530
imposed by the parole board or adult parole authority as a	2531
post-release control sanction. If the person is a releasee, the	2532
maximum prison term for the violation shall be either the maximum	2533
period of post-release control for the earlier felony under	2534
division (B) or (C) of this section minus any time the releasee	2535
has spent under post-release control for the earlier felony or	2536
twelve months, whichever is greater. A prison term imposed for	2537
the violation shall be served consecutively to any prison term	2538
imposed for the new felony. If the person is a releasee, a prison	2539
term imposed for the violation, and a prison term imposed for the	2540
new felony, shall not count as, or be credited toward, the	2541
remaining period of post-release control imposed for the earlier	2542
felony.	2543

(5) Any period of post-release control shall commence upon	2544
an offender's actual release from prison. If an offender is	2545
serving an indefinite prison term or a life sentence in addition	2546
to a stated prison term, the offender shall serve the period of	2547
post-release control in the following manner:	2548

(a) If a period of post-release control is imposed upon the	2549
offender and if the offender also is subject to a period of parole	2550
under a life sentence or an indefinite sentence, and if the period	2551
of post-release control ends prior to the period of parole, the	2552
offender shall be supervised on parole. The offender shall	2553
receive credit for post-release control supervision during the	2554
period of parole. The offender is not eligible for final release	2555
under section 2967.16 of the Revised Code until the post-release	2556
control period otherwise would have ended.	2557

(b) If a period of post-release control is imposed upon the	2558
offender and if the offender also is subject to a period of parole	2559
under an indefinite sentence, and if the period of parole ends	2560
prior to the period of post-release control, the offender shall be	2561
supervised on post-release control. The requirements of parole	2562
supervision shall be satisfied during the post-release control	2563
period.	2564

(c) If an offender is subject to more than one period of	2565
post-release control, the period of post-release control for all	2566
of the sentences shall be the period of post-release control that	2567
expires last, as determined by the parole board. Periods of	2568
post-release control shall be served concurrently and shall not be	2569
imposed consecutively to each other.	2570

(d) The period of post-release control for a releasee who	2571
commits a felony while under post-release control for an earlier	2572
felony shall be the longer of the period of post-release control	2573
specified for the new felony under division (B) or (C) of this	2574
section or the time remaining under the period of post-release	2575
control imposed for the earlier felony as determined by the parole	2576
board.	2577

Sec. 3719.21.  Except as provided in division (C) of section	2578
2923.42, division (B)(5) of section 2923.44, divisions (D)(1),	2579
(F), and (H) of section 2925.03, division (D)(1) of section	2580
2925.02, 2925.04, or 2925.05, division (E)(1) of section 2925.11,	2581
division (F) of section 2925.13 or, division (F) of section	2582
2925.36, division (D) of section 2925.22, division (H) of section	2583
2925.23, division (M) of section 2925.37, division (B)(5) of	2584
section 2925.42, division (B) of section 2929.18, division (D) of	2585
section 3719.99, division (B)(1) of section 4729.65, and division	2586
(E)(3) of section 4729.99 of the Revised Code, the clerk of the	2587
court shall pay all fines or forfeited bail assessed and collected	2588
under prosecutions or prosecutions commenced for violations of	2589
this chapter, section 2923.42 of the Revised Code, or Chapter	2590
2925. of the Revised Code, within thirty days, to the executive	2591
director of the state board of pharmacy, and the executive	2592
director shall deposit the fines into the state treasury to the	2593
credit of the occupational licensing and regulatory fund.	2594

Sec. 4723.09.  (A)(1) An application for licensure by	2595
examination to practice as a registered nurse or as a licensed	2596
practical nurse shall be submitted to the board of nursing in the	2597
form prescribed by rules of the board. The application shall	2598
include evidence that the applicant has completed requirements of	2599
a nursing education program approved by the board or approved by	2600
another jurisdiction's board that regulates nurse licensure. The	2601
application also shall include any other information required by	2602
rules of the board. The application shall be accompanied by the	2603
application fee required by section 4723.08 of the Revised Code.	2604

(2) The board shall grant a license to practice nursing as a	2605
registered nurse or as a licensed practical nurse if theall of	2606
the following apply:	2607

(a) For all applicants, the applicant passes the	2608
examination accepted by the board under section 4723.10 of the	2609
Revised Code and the.	2610

(b) For an applicant who entered a prelicensure nursing	2611
education program on or after June 1, 2003, the criminal records	2612
check of the applicant that is completed by the bureau of criminal	2613
identification and investigation and includes a check of federal	2614
bureau of investigation records and that the bureau submits to the	2615
board indicates that the applicant has not been convicted of, has	2616
not pleaded guilty to, and has not had a judicial finding of guilt	2617
for violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,	2618
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the	2619
Revised Code or a substantially similar law of another state, the	2620
United States, or another country.	2621

(c) For all applicants, the board determines that the	2622
applicant has not committed any act that is grounds for	2623
disciplinary action under section 3123.47 or 4723.28 of the	2624
Revised Code, or determines that an applicant who has committed	2625
such actsany act that is grounds for disciplinary action under	2626
either section has made restitution or has been rehabilitated, or	2627
both. The	2628

(3) The board is not required to afford an adjudication to	2629
an individual to whom it has refused to grant a license because of	2630
that individual's failure to pass the examination.	2631

(B) An application for license by endorsement to practice	2632
nursing as a registered nurse or as a licensed practical nurse	2633
shall be submitted to the board in the form prescribed by rules of	2634
the board and shall be accompanied by the application fee required	2635
by section 4723.08 of the Revised Code. The application shall	2636
include evidence that the applicant holds a license in good	2637
standing in another jurisdiction granted after passing an	2638
examination approved by the board of that jurisdiction that is	2639
equivalent to the examination requirements under this chapter for	2640
a license to practice nursing as a registered nurse or licensed	2641
practical nurse, and shall include other information required by	2642
rules of the board of nursing. The board shall grant a license by	2643
endorsement if the applicant is licensed or certified by another	2644
jurisdiction and the board determines, pursuant to rules	2645
established under section 4723.07 of the Revised Code, that all of	2646
the following apply:	2647

(1) TheFor all applicants, the educational preparation of	2648
the applicant is substantially similar to the minimum curricula	2649
and standards for nursing education programs established by the	2650
board under section 4723.07 of the Revised Code;.	2651

(2) TheFor all applicants, the examination, at the time it	2652
is successfully completed, is equivalent to the examination	2653
requirements in effect at that time for applicants who were	2654
licensed by examination in this state;.	2655

(3) For all applicants, the criminal records check of the	2656
applicant that is completed by the bureau of criminal	2657
identification and investigation and includes a check of federal	2658
bureau of investigation records and that the bureau submits to	2659
the board indicates that the applicant has not been convicted of,	2660
has not pleaded guilty to, and has not had a judicial finding of	2661
guilt for violating section 2903.01, 2903.02, 2903.03, 2903.11,	2662
2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11	2663
of the Revised Code or a substantially similar law of another	2664
state, the United States, or another country.	2665

The(4) For all applicants, the applicant has not committed	2666
any act that is grounds for disciplinary action under section	2667
3123.47, 4723.28, or 4723.281 of the Revised Code, or the board	2668
determines that an applicant who has committed such actsany act	2669
that is grounds for disciplinary action under any of those	2670
sections has made restitution or has been rehabilitated, or both.	2671

The board may grant a nonrenewable temporary permit to	2672
practice nursing as a registered nurse or as a licensed practical	2673
nurse to an applicant for license by endorsement if the board is	2674
satisfied by the evidence that the applicant holds a current,	2675
active license in good standing in another jurisdiction. The	2676
Subject to earlier automatic termination as described in this	2677
paragraph, the temporary permit shall expire at the earlier of one	2678
hundred twentyeighty days after issuance or upon the issuance of	2679
a license by endorsement. The temporary permit shall terminate	2680
automatically if the criminal records check completed by the	2681
bureau of criminal identification and investigation as described	2682
in this section regarding the applicant indicates that the	2683
applicant previously has been convicted of, pleaded guilty to, or	2684
had a judicial finding of guilt for a violation of section	2685
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	2686
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	2687
substantially similar law of another state, the United States, or	2688
another country. An applicant whose temporary permit is	2689
automatically terminated is permanently prohibited from obtaining	2690
a license to practice nursing in this state as a registered nurse	2691
or as a licensed practical nurse.	2692

(C) An applicant under this section shall submit a request	2693
to the bureau of criminal identification and investigation for a	2694
criminal records check of the applicant. The request shall be on	2695
the form prescribed pursuant to division (C)(1) of section 109.572	2696
of the Revised Code, accompanied by a standard impression sheet to	2697
obtain fingerprints prescribed pursuant to division (C)(2) of that	2698
section, and accompanied by the fee prescribed pursuant to	2699
division (C)(3) of that section. Upon receipt of the completed	2700
form, the completed impression sheet, and the fee, the bureau	2701
shall conduct a criminal records check of the applicant. Upon	2702
completion of the criminal records check, the bureau shall send	2703
the results of the check to the board. An applicant requesting a	2704
criminal records check under this division shall ask the	2705
superintendent of the bureau of criminal identification and	2706
investigation to also request the federal bureau of investigation	2707
to provide the superintendent with any information it has with	2708
respect to the applicant.	2709

The results of any criminal records check conducted pursuant	2710
to a request made under this section, and any report containing	2711
those results, are not public records for purposes of section	2712
149.43 of the Revised Code and shall not be made available to any	2713
person or for any purpose other than the following:	2714

(1) The results may be made available to any person for use	2715
in determining under this section and division (N) of section	2716
4723.28 of the Revised Code whether the individual who is the	2717
subject of the check should be granted a license to practice	2718
nursing as a registered nurse or as a licensed practical nurse or	2719
whether any temporary permit granted to the individual under this	2720
section has terminated automatically.	2721

(2) The results may be made available to the individual who	2722
is the subject of the check or that individual's representative.	2723

Sec. 4723.28.  (A) The board of nursing, by a vote of a	2724
quorum, may revoke or may refuse to grant a nursing license,	2725
certificate of authority, or dialysis technician certificate to a	2726
person found by the board to have committed fraud in passing an	2727
examination required to obtain the license, certificate of	2728
authority, or dialysis technician certificate or to have committed	2729
fraud, misrepresentation, or deception in applying for or securing	2730
any nursing license, certificate of authority, or dialysis	2731
technician certificate issued by the board.	2732

(B) TheSubject to division (N) of this section, the board of	2733
nursing, and by a vote of a quorum, may impose one or more of the	2734
following sanctions: deny, revoke, suspend, or place restrictions	2735
on any nursing license, certificate of authority, or dialysis	2736
technician certificate issued by the board; reprimand or otherwise	2737
discipline a holder of a nursing license, certificate of	2738
authority, or dialysis technician certificate; or impose a fine of	2739
not more than five hundred dollars per violation. The sanctions	2740
may be imposed for any of the following:	2741

(1) Denial, revocation, suspension, or restriction of	2742
authority to practice a health care occupation, including nursing	2743
or practice as a dialysis technician, for any reason other than a	2744
failure to renew, in Ohio or another state or jurisdiction;	2745

(2) Engaging in the practice of nursing or engaging in	2746
practice as a dialysis technician, having failed to renew a	2747
nursing license or dialysis technician certificate issued under	2748
this chapter, or while a nursing license or dialysis technician	2749
certificate is under suspension;	2750

(3) Conviction of, a plea of guilty to, a judicial finding	2751
of guilt of, a judicial finding of guilt resulting from a plea of	2752
no contest to, or a judicial finding of eligibility for	2753
intervention in lieu of conviction for, a misdemeanor committed in	2754
the course of practice;	2755

(4) Conviction of, a plea of guilty to, a judicial finding	2756
of guilt of, a judicial finding of guilt resulting from a plea of	2757
no contest to, or a judicial finding of eligibility for	2758
intervention in lieu of conviction for, any felony or of any crime	2759
involving gross immorality or moral turpitude;	2760

(5) Selling, giving away, or administering drugs or	2761
therapeutic devices for other than legal and legitimate	2762
therapeutic purposes; or conviction of, a plea of guilty to, a	2763
judicial finding of guilt of, a judicial finding of guilt	2764
resulting from a plea of no contest to, or a judicial finding of	2765
eligibility for intervention in lieu of conviction for, violating	2766
any municipal, state, county, or federal drug law;	2767

(6) Conviction of, a plea of guilty to, a judicial finding	2768
of guilt of, a judicial finding of guilt resulting from a plea of	2769
no contest to, or a judicial finding of eligibility for	2770
intervention in lieu of conviction for, an act in another	2771
jurisdiction that would constitute a felony or a crime of moral	2772
turpitude in Ohio;	2773

(7) Conviction of, a plea of guilty to, a judicial finding	2774
of guilt of, a judicial finding of guilt resulting from a plea of	2775
no contest to, or a judicial finding of eligibility for	2776
intervention in lieu of conviction for, an act in the course of	2777
practice in another jurisdiction that would constitute a	2778
misdemeanor in Ohio;	2779

(8) Self-administering or otherwise taking into the body any	2780
dangerous drug, as defined in section 4729.01 of the Revised Code,	2781
in any way not in accordance with a legal, valid presription	2782
prescription issued for that individual;	2783

(9) Habitual indulgence in the use of controlled substances,	2784
other habit-forming drugs, or alcohol or other chemical substances	2785
to an extent that impairs ability to practice;	2786

(10) Impairment of the ability to practice according to	2787
acceptable and prevailing standards of safe nursing care because	2788
of habitual or excessive use of drugs, alcohol, or other chemical	2789
substances that impair the ability to practice;	2790

(11) Impairment of the ability to practice according to	2791
acceptable and prevailing standards of safe nursing care because	2792
of a physical or mental disability;	2793

(12) Assaulting or causing harm to a patient or depriving a	2794
patient of the means to summon assistance;	2795

(13) Obtaining or attempting to obtain money or anything of	2796
value by intentional misrepresentation or material deception in	2797
the course of practice;	2798

(14) Adjudication by a probate court of being mentally ill	2799
or mentally incompetent. The board may restore the person's	2800
nursing license or dialysis technician certificate upon	2801
adjudication by a probate court of the person's restoration to	2802
competency or upon submission to the board of other proof of	2803
competency.	2804

(15) The suspension or termination of employment by the	2805
department of defense or the veterans administration of the United	2806
States for any act that violates or would violate this chapter;	2807

(16) Violation of this chapter or any rules adopted under	2808
it;	2809

(17) Violation of any restrictions placed on a nursing	2810
license or dialysis technician certificate by the board;	2811

(18) Failure to use universal blood and body fluid	2812
precautions established by rules adopted under section 4723.07 of	2813
the Revised Code;	2814

(19) Failure to practice in accordance with acceptable and	2815
prevailing standards of safe nursing care or safe dialysis care;	2816

(20) In the case of a registered nurse, engaging in	2817
activities that exceed the practice of nursing as a registered	2818
nurse;	2819

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

(22) In the case of a dialysis technician, engaging in	2823
activities that exceed those permitted under section 4723.72 of	2824
the Revised Code;	2825

(23) Aiding and abetting a person in that person's practice	2826
of nursing without a license or practice as a dialysis technician	2827
without a certificate issued under this chapter;	2828

(24) In the case of a certified registered nurse	2829
anesthetist, clinical nurse specialist, certified nurse-midwife,	2830
certified nurse practitioner, or advanced practice nurse, except	2831
as provided in division (M) of this section, either of the	2832
following:	2833

(a) Waiving the payment of all or any part of a deductible	2834
or copayment that a patient, pursuant to a health insurance or	2835
health care policy, contract, or plan that covers such nursing	2836
services, would otherwise be required to pay if the waiver is used	2837
as an enticement to a patient or group of patients to receive	2838
health care services from that provider;	2839

(b) Advertising that the nurse will waive the payment of all	2840
or any part of a deductible or copayment that a patient, pursuant	2841
to a health insurance or health care policy, contract, or plan	2842
that covers such nursing services, would otherwise be required to	2843
pay.	2844

(25) Failure to comply with the terms and conditions of	2845
participation in the chemical dependency monitoring program	2846
established under section 4723.35 of the Revised Code;	2847

(26) Failure to comply with the terms and conditions	2848
required under the practice intervention and improvement program	2849
established under section 4723.282 of the Revised Code;	2850

(27) In the case of a certified registered nurse	2851
anesthetist, clinical nurse specialist, certified nurse-midwife,	2852
or certified nurse practitioner:	2853

(a) Engaging in activities that exceed those permitted for	2854
the nurse's nursing specialty under section 4723.43 of the Revised	2855
Code;	2856

(b) Failure to meet the quality assurance standards	2857
established under section 4723.07 of the Revised Code.	2858

(28) In the case of a clinical nurse specialist, certified	2859
nurse-midwife, or certified nurse practitioner, failure to	2860
maintain a standard care arrangement in accordance with section	2861
4723.431 of the Revised Code or to practice in accordance with the	2862
standard care arrangement;	2863

(29) In the case of a clinical nurse specialist, certified	2864
nurse-midwife, or certified nurse practitioner who holds a	2865
certificate to prescribe issued under section 4723.48 of the	2866
Revised Code, failure to prescribe drugs and therapeutic devices	2867
in accordance with section 4723.481 of the Revised Code;	2868

(30) Prescribing any drug or device to perform or induce an	2869
abortion, or otherwise performing or inducing an abortion;	2870

(31) Failure to establish and maintain professional	2871
boundaries with a patient, as specified in rules adopted under	2872
section 4723.07 of the Revised Code;	2873

(32) Regardless of whether the contact or verbal behavior is	2874
consensual, engaging with a patient other than the spouse of the	2875
registered nurse, licensed practical nurse, or dialysis technician	2876
in any of the following:	2877

(a) Sexual contact, as defined in section 2907.01 of the	2878
Revised Code;	2879

(b) Verbal behavior that is sexually demeaning to the	2880
patient or may be reasonably interpreted by the patient as	2881
sexually demeaning.	2882

(C) Disciplinary actions taken by the board under divisions	2883
(A) and (B) of this section shall be taken pursuant to an	2884
adjudication conducted under Chapter 119. of the Revised Code,	2885
except that in lieu of a hearing, the board may enter into a	2886
consent agreement with an individual to resolve an allegation of a	2887
violation of this chapter or any rule adopted under it. A consent	2888
agreement, when ratified by a vote of a quorum, shall constitute	2889
the findings and order of the board with respect to the matter	2890
addressed in the agreement. If the board refuses to ratify a	2891
consent agreement, the admissions and findings contained in the	2892
agreement shall be of no effect.	2893

(D) The hearings of the board shall be conducted in	2894
accordance with Chapter 119. of the Revised Code, the board may	2895
appoint a hearing examiner, as provided in section 119.09 of the	2896
Revised Code, to conduct any hearing the board is authorized to	2897
hold under Chapter 119. of the Revised Code.	2898

In any instance in which the board is required under Chapter	2899
119. of the Revised Code to give notice of an opportunity for a	2900
hearing and the applicant or license holder does not make a timely	2901
request for a hearing in accordance with section 119.07 of the	2902
Revised Code, the board is not required to hold a hearing, but may	2903
adopt, by a vote of a quorum, a final order that contains the	2904
board's findings. In the final order, the board may order any of	2905
the sanctions listed in division (A) or (B) of this section.	2906

(E) If a criminal action is brought against a registered	2907
nurse, licensed practical nurse, or dialysis technician for an act	2908
or crime described in divisions (B)(3) to (7) of this section and	2909
the action is dismissed by the trial court other than on the	2910
merits, the board shall conduct an adjudication to determine	2911
whether the registered nurse, licensed practical nurse, or	2912
dialysis technician committed the act on which the action was	2913
based. If the board determines on the basis of the adjudication	2914
that the registered nurse, licensed practical nurse, or dialysis	2915
technician committed the act, or if the registered nurse, licensed	2916
practical nurse, or dialysis technician fails to participate in	2917
the adjudication, the board may take action as though the	2918
registered nurse, licensed practical nurse, or dialysis technician	2919
had been convicted of the act.	2920

If the board takes action on the basis of a conviction, plea,	2921
or a judicial finding as described in divisions (B)(3) to (7) of	2922
this section that is overturned on appeal, the registered nurse,	2923
licensed practical nurse, or dialysis technician may, on	2924
exhaustion of the appeal process, petition the board for	2925
reconsideration of its action. On receipt of the petition and	2926
supporting court documents, the board shall temporarily rescind	2927
its action. If the board determines that the decision on appeal	2928
was a decision on the merits, it shall permanently rescind its	2929
action. If the board determines that the decision on appeal was	2930
not a decision on the merits, it shall conduct an adjudication	2931
to determine whether the registered nurse, licensed practical	2932
nurse, or dialysis technician committed the act on which the	2933
original conviction, plea, or judicial finding was based. If the	2934
board determines on the basis of the adjudication that the	2935
registered nurse, licensed practical nurse, or dialysis technician	2936
committed such act, or if the registered nurse, licensed practical	2937
nurse, or dialysis technician does not request an adjudication,	2938
the board shall reinstate its action; otherwise, the board shall	2939
permanently rescind its action.	2940

Notwithstanding the provision of division (C)(2) of section	2941
2953.32 of the Revised Code specifying that if records pertaining	2942
to a criminal case are sealed under that section the proceedings	2943
in the case shall be deemed not to have occurred, sealing of the	2944
records of a conviction on which the board has based an action	2945
under this section shall have no effect on the board's action or	2946
any sanction imposed by the board under this section.	2947

The board shall not be required to seal, destroy, redact, or	2948
otherwise modify its records to reflect the court's sealing of	2949
conviction records.	2950

(F) The board may investigate an individual's criminal	2951
background in performing its duties under this section.	2952

(G) During the course of an investigation conducted under	2953
this section, the board may compel any registered nurse, licensed	2954
practical nurse, or dialysis technician or applicant under this	2955
chapter to submit to a mental or physical examination, or both, as	2956
required by the board and at the expense of the individual, if the	2957
board finds reason to believe that the individual under	2958
investigation may have a physical or mental impairment that may	2959
affect the individual's ability to provide safe nursing care.	2960
Failure of any individual to submit to a mental or physical	2961
examination when directed constitutes an admission of the	2962
allegations, unless the failure is due to circumstances beyond the	2963
individual's control, and a default and final order may be entered	2964
without the taking of testimony or presentation of evidence.	2965

If the board finds that an individual is impaired, the board	2966
shall require the individual to submit to care, counseling, or	2967
treatment approved or designated by the board, as a condition for	2968
initial, continued, reinstated, or renewed authority to practice.	2969
The individual shall be afforded an opportunity to demonstrate to	2970
the board that the individual can begin or resume the individual's	2971
occupation in compliance with acceptable and prevailing standards	2972
of care under the provisions of the individual's authority to	2973
practice.	2974

For purposes of this division, any registered nurse,	2975
licensed practical nurse, or dialysis technician or applicant	2976
under this chapter shall be deemed to have given consent to submit	2977
to a mental or physical examination when directed to do so in	2978
writing by the board, and to have waived all objections to the	2979
admissibility of testimony or examination reports that constitute	2980
a privileged communication.	2981

(H) The board shall investigate evidence that appears to	2982
show that any person has violated any provision of this chapter or	2983
any rule of the board. Any person may report to the board any	2984
information the person may have that appears to show a violation	2985
of any provision of this chapter or rule of the board. In the	2986
absence of bad faith, any person who reports such information or	2987
who testifies before the board in any adjudication conducted under	2988
Chapter 119. of the Revised Code shall not be liable for civil	2989
damages as a result of the report or testimony.	2990

(I) All of the following apply under this chapter with	2991
respect to the confidentiality of information:	2992

(1) Information received by the board pursuant to an	2993
investigation is confidential and not subject to discovery in any	2994
civil action, except that the board may disclose information to	2995
law enforcement officers and government entities investigating a	2996
registered nurse, licensed practical nurse, or dialysis technician	2997
or a person who may have engaged in the unauthorized practice of	2998
nursing. No law enforcement officer or government entity with	2999
knowledge of any information disclosed by the board pursuant to	3000
this division shall divulge the information to any other person or	3001
government entity except for the purpose of an adjudication by a	3002
court or licensing or registration board or officer to which the	3003
person to whom the information relates is a party.	3004

(2) If an investigation requires a review of patient	3005
records, the investigation and proceeding shall be conducted in	3006
such a manner as to protect patient confidentiality.	3007

(3) All adjudications and investigations of the board shall	3008
be considered civil actions for the purposes of section 2305.251	3009
of the Revised Code.	3010

(4) Any board activity that involves continued monitoring of	3011
an individual as part of or following any disciplinary action	3012
taken under this section shall be conducted in a manner that	3013
maintains the individual's confidentiality. Information received	3014
or maintained by the board with respect to the board's monitoring	3015
activities is confidential and not subject to discovery in any	3016
civil action.	3017

(J) Any action taken by the board under this section	3018
resulting in a suspension from practice shall be accompanied by a	3019
written statement of the conditions under which the person may be	3020
reinstated to practice.	3021

(K) When the board refuses to grant a license or certificate	3022
to an applicant, revokes a license or certificate, or refuses to	3023
reinstate a license or certificate, the board may specify that its	3024
action is permanent. An individual subject to permanent action	3025
taken by the board is forever ineligible to hold a license or	3026
certificate of the type that was refused or revoked and the board	3027
shall not accept from the individual an application for	3028
reinstatement of the license or certificate or for a new license	3029
or certificate.	3030

(L) No unilateral surrender of a nursing license,	3031
certificate of authority, or dialysis technician certificate	3032
issued under this chapter shall be effective unless accepted by	3033
majority vote of the board. No application for a nursing license,	3034
certificate of authority, or dialysis technician certificate	3035
issued under this chapter may be withdrawn without a majority vote	3036
of the board. The board's jurisdiction to take disciplinary	3037
action under this section is not removed or limited when an	3038
individual has a license or certificate classified as inactive or	3039
fails to renew a license or certificate.	3040

(M) Sanctions shall not be imposed under division (B)(24) of	3041
this section against any licensee who waives deductibles and	3042
copayments as follows:	3043

(1) In compliance with the health benefit plan that	3044
expressly allows such a practice. Waiver of the deductibles or	3045
copayments shall be made only with the full knowledge and consent	3046
of the plan purchaser, payer, and third-party administrator.	3047
Documentation of the consent shall be made available to the board	3048
upon request.	3049

(2) For professional services rendered to any other person	3050
licensed pursuant to this chapter to the extent allowed by this	3051
chapter and the rules of the board.	3052

(N)(1) Any person who enters a prelicensure nursing	3053
education program on or after June 1, 2003, and who subsequently	3054
applies under division (A) of section 4723.09 of the Revised Code	3055
for licensure to practice as a registered nurse or as a licensed	3056
practical nurse and any person who applies under division (B) of	3057
that section for license by endorsement to practice nursing as a	3058
registered nurse or as a licensed practical nurse shall submit a	3059
request to the bureau of criminal identification and investigation	3060
for the bureau to conduct a criminal records check of the	3061
applicant and to send the results to the board, in accordance with	3062
section 4723.09 of the Revised Code.	3063

The board shall refuse to grant a license to practice nursing	3064
as a registered nurse or as a licensed practical nurse under	3065
section 4723.09 of the Revised Code to a person who entered a	3066
prelicensure nursing education program on or after June 1, 2003,	3067
and applied under division (A) of section 4723.09 of the Revised	3068
Code for the license or a person who applied under division (B) of	3069
that section for the license, if the criminal records check	3070
performed in accordance with division (C) of that section	3071
indicates that the person has pleaded guilty to, been convicted	3072
of, or has had a judicial finding of guilt for violating section	3073
2903.01, 2903.02, 2903.03, 2903.11, 2905.01, 2907.02, 2907.03,	3074
2907.05, 2909.02, 2911.01, or 2911.11 of the Revised Code or a	3075
substantially similar law of another state, the United States, or	3076
another country.	3077

(2) Any person who enters a dialysis training program on or	3078
after June 1, 2003, and who subsequently applies for a certificate	3079
to practice as a dialysis technician shall submit a request to the	3080
bureau of criminal identification and investigation for the bureau	3081
to conduct a criminal records check of the applicant and to send	3082
the results to the board, in accordance with section 4723.75 of	3083
the Revised Code.	3084

The board shall refuse to issue a certificate to practice as	3085
a dialysis technician under section 4723.75 of the Revised Code to	3086
a person who entered a dialysis training program on or after June	3087
1, 2003, and whose criminal records check performed in accordance	3088
with division (C) of that section indicates that the person has	3089
pleaded guilty to, been convicted of, or has had a judicial	3090
finding of guilt for violating section 2903.01, 2903.02, 2903.03,	3091
2903.11, 2905.01, 2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or	3092
2911.11 of the Revised Code or a substantially similar law of	3093
another state, the United States, or another country.	3094

Sec. 4723.72.  (A) A dialysis technician may engage in	3095
dialysis care by doing the following:	3096

(1) Performing and monitoring dialysis procedures, including	3097
initiating, monitoring, and discontinuing dialysis;	3098

(2) Drawing blood;

3099

(3) Administering any of the medications specified in	3100
division (C) of this section when the administration is essential	3101
to the dialysis process;	3102

(4) Responding to complications that arise during dialysis.

3103

(B) A dialysis technician may provide the dialysis care	3104
specified in division (A) of this section only if the care has	3105
been delegated to the technician by a physician or registered	3106
nurse and the technician is under the supervision of a physician	3107
or registered nurse. Supervision requires that the dialysis	3108
technician be in the immediate presence of a physician or	3109
registered nurse, or, in the case of dialysis care provided in a	3110
patient's home, that the dialysis technician be supervised in	3111
accordance with the rules adopted under section 4723.79 of the	3112
Revised Code for supervision of dialysis technicians who provide	3113
dialysis care in a patient's home. Division (E)(5) of section	3114
4723.73 of the Revised Code does not allow a dialysis technician	3115
who provides dialysis care in a patient's home to provide dialysis	3116
care that is not authorized under this section.	3117

(C) A dialysis technician may administer medication only as	3118
ordered by a licensed health professional authorized to prescribe	3119
drugs as defined in section 4729.01 of the Revised Code and in	3120
accordance with the standards established in rules adopted under	3121
section 4723.79 of the Revised Code. A dialysis technician may	3122
administer only the following medications:	3123

(1) Intradermal lidocaine or other single therapeutically	3124
equivalent local anesthetic for the purpose of initiating dialysis	3125
treatment;	3126

(2) Intravenous heparin or other single therapeutically	3127
equivalent anticoagulant for the purpose of initiating and	3128
maintaining dialysis treatment;	3129

(3) Intravenous normal saline;

3130

(4) Patient-specific dialysate, to which the person may add	3131
electrolytes but no other additives or medications;	3132

(5) Oxygen, when the administration of the oxygen has been	3133
delegated to the technician by a registered nurse.	3134

Sec. 4723.74. (A) A person who seeks to operate a dialysis	3135
training program shall apply to the board of nursing for approval	3136
of the program. Applications shall be submitted in accordance	3137
with rules adopted under section 4723.79 of the Revised Code. The	3138
person shall include with the application the fee prescribed in	3139
those rules. If the program meets the requirements for approval	3140
as specified in the rules, the board shall approve the program. A	3141
program shall apply for reapproval and may be reapproved in	3142
accordance with rules adopted under section 4723.79 of the Revised	3143
Code.	3144

The board may withdraw the approval of a program that ceases	3145
to meet the requirements for approval. Any action to withdraw the	3146
approval shall be taken in accodanceaccordance with chapter	3147
Chapter 119. of the Revised Code.	3148

(B) A person shall not be permitted to enroll, and shall not	3149
enroll, in a dialysis training program approved by the board under	3150
division (A) of this section unless the person is eighteen years	3151
of age or older and possesses a high school diploma or high school	3152
equivalence diploma.	3153

Sec. 4723.75.  (A) The board of nursing shall issue a	3154
certificate to practice as a dialysis technician to a person who	3155
meets all of the following requirements:	3156

(1) TheFor all persons, the person applies to the board in	3157
accordance with rules adopted under section 4723.79 of the Revised	3158
Code and includes with the application the fee established in	3159
those rules.	3160

(2) The person is eighteen years of age or older and	3161
possesses a high school diploma or high school equivalence	3162
diploma.	3163

(3) The(2) For all persons, the person meets the	3164
requirements established by the board's rules.	3165

(4) The(3) For all persons, the person demonstrates	3166
competency to practice as a dialysis technician, as specified	3167
under division (B) of this section.	3168

(4) For persons who entered a dialysis training program on	3169
or after June 1, 2003, the criminal records check of the person	3170
that is completed by the bureau of criminal identification and	3171
investigation and includes a check of federal bureau of	3172
investigation records and that the bureau submits to the board	3173
indicates that the person has not been convicted of, has not	3174
pleaded guilty to, and has not had a judicial finding of guilt for	3175
violating section 2903.01, 2903.02, 2903.03, 2903.11, 2905.01,	3176
2907.02, 2907.03, 2907.05, 2909.02, 2911.01, or 2911.11 of the	3177
Revised Code or a substantially similar law of another state, the	3178
United States, or another country.	3179

(B) For a person to demonstrate competence to practice as a	3180
dialysis technician, one of the following must apply:	3181

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

3182

(a) The person has successfully completed a dialysis	3183
training program approved by the board under section 4723.74 of	3184
the Revised Code.	3185

(b) The person has been employed to perform dialysis care by	3186
a dialysis provider for not less than twelve months prior to the	3187
date of application.	3188

(c) The person passes a certification examination	3189
demonstrating competence to perform dialysis care. The person	3190
must pass the examination not later than eighteen months after	3191
entering a dialysis training program approved by the board under	3192
section 4723.74 of the Revised Code. A person who does not pass	3193
the examination within eighteen months after entering a dialysis	3194
training program must repeat and successfully complete the	3195
training program, or successfully complete another dialysis	3196
training program approved by the board, and pass the examination	3197
not less than six months after entering the new or repeated	3198
program. A person who does not pass the examination within six	3199
months after entering the new or repeated program must wait at	3200
least one year before entering or reentering any dialysis training	3201
program approved by the board, after which the person must	3202
successfully complete a dialysis training program approved by the	3203
board and pass the examination not later than six months after	3204
entering the program.	3205

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

3206

(a) The person holds, on the effective date of this section	3207
December24, 2000, a current, valid certificate from a qualifying	3208
testing organization specified by the board under division (B) of	3209
section 4723.751 of the Revised Code or provides evidence	3210
satisfactory to the board of having passed the examination of a	3211
qualifying testing organization not longer than five years prior	3212
to the effective date of this sectionDecember24, 2000.	3213

(b) The dialysis provider who employs the person provides	3214
the board with the information specified in rules adopted under	3215
section 4723.79 of the Revised Code attesting to the person's	3216
competence to perform dialysis care.	3217

(3) The person submits evidence satisfactory to the board	3218
that the person holds a current, valid license, certificate, or	3219
other authorization to perform dialysis care issued by another	3220
state that has standards for dialysis technicians that the board	3221
considers substantially similar to those established under	3222
sections 4723.71 to 4723.79 of the Revised Code.	3223

(C) A person who applies under this section to be certified	3224
to practice as a dialysis technician shall submit a request to the	3225
bureau of criminal identification and investigation for a criminal	3226
records check of the applicant. The request shall be on the form	3227
prescribed pursuant to division (C)(1) of section 109.572,	3228
accompanied by a standard impression sheet to obtain fingerprints	3229
prescribed pursuant to division (C)(2) of that section, and	3230
accompanied by the fee prescribed pursuant to division (C)(3) of	3231
that section. Upon receipt of the completed form, the completed	3232
impression sheet, and the fee, the bureau shall conduct a criminal	3233
records check of the applicant. Upon completion of the criminal	3234
records check, the bureau shall send the results of the check to	3235
the board. A person requesting a criminal records check under this	3236
division shall ask the superintendent of the bureau of criminal	3237
identification and investigation to also request the federal	3238
bureau of investigation to provide the superintendent with any	3239
information it has with respect to the person.	3240

The results of any criminal records check conducted pursuant	3241
to a request made under this section, and any report containing	3242
those results, are not public records for purposes of section	3243
149.43 of the Revised Code and shall not be made available to any	3244
person or for any purpose other than the following:	3245

(1) The results may be made available to any person for use	3246
in determining under this section and division (N) of section	3247
4723.28 of the Revised Code whether the individual who is the	3248
subject of the check should be issued a certificate to practice as	3249
a dialysis technician.	3250

(2) The results may be made available to the individual who	3251
is the subject of the check or that individual's representative.	3252

Sec. 4723.77.  A certificate issued under section 4723.75 of	3253
the Revised Code expires biennially and shall be renewed according	3254
to a schedule established by the board of nursing in rules adopted	3255
under section 4723.79 of the Revised Code. An application for	3256
renewal of a certificate shall be accompanied by the renewal fee	3257
established in rules adopted by the board under section 4723.79 of	3258
the Revised Code. A certificate may be renewed only if, during	3259
the period for which the certificate was issued, the certificate	3260
holder satisfied the continuing education requirements established	3261
by the board's rules. Of the hours of continuing education	3262
completed during the period for which the certificate was issued,	3263
at least one hour of the education must be directly related to the	3264
statutes and rules pertaining to the practice of nursing in this	3265
state or the practice as a dialysis technician in this state.	3266

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

3267

(1) "Certificate of high school equivalence" means a	3268
statement that is issued by the state board of education or an	3269
equivalent agency of another state and that indicates that its	3270
holder has achieved the equivalent of a high school education as	3271
measured by scores obtained on the tests of general educational	3272
development published by the American council on education.	3273

(2) "Certificate of adult basic education" means a statement	3274
that is issued by the department of rehabilitation and correction	3275
through the Ohio central school system approved by the state board	3276
of education and that indicates that its holder has achieved a 6.0	3277
grade level, or higher, as measured by scores of nationally	3278
standardized or recognized tests.	3279

(3) "Deadly weapon" and "firearm" have the same meanings as	3280
in section 2923.11 of the Revised Code.	3281

(4) "Eligible offender" means a person, other than one who	3282
is ineligible to participate in an intensive program prison under	3283
the criteria specified in section 5120.032 of the Revised Code,	3284
who has been convicted of or pleaded guilty to, and has been	3285
sentenced for, a felony.	3286

(5) "Shock incarceration" means the program of incarceration	3287
that is established pursuant to the rules of the department of	3288
rehabilitation and correction adopted under this section.	3289

(B)(1) The director of rehabilitation and correction, by	3290
rules adopted under Chapter 119. of the Revised Code, shall	3291
establish a pilot program of shock incarceration that may be used	3292
for eligible offenders who are sentenced to serve a term of	3293
imprisonment under the custody of the department of rehabilitation	3294
and correction, whom the department determines to be eligible	3295
offenders, and whom the department, subject to the approval of the	3296
sentencing judge, may permit to serve their sentence as a sentence	3297
of shock incarceration in accordance with this section.	3298

(2) The rules for the pilot program shall require that the	3299
program be established at an appropriate state correctional	3300
institution designated by the director and that the program	3301
consist of both of the following for each eligible offender whom	3302
the department, with the approval of the sentencing judge, permits	3303
to serve the eligible offender's sentence as a sentence of shock	3304
incarceration:	3305

(a) A period of imprisonment at that institution of ninety	3306
days that shall consist of a military style combination of	3307
discipline, physical training, and hard labor and substance abuse	3308
education, employment skills training, social skills training, and	3309
psychological treatment. During the ninety-day period, the	3310
department may permit an eligible offender to participate in a	3311
self-help program. Additionally, during the ninety-day period, an	3312
eligible offender who holds a high school diploma or a certificate	3313
of high school equivalence may be permitted to tutor other	3314
eligible offenders in the shock incarceration program. If an	3315
eligible offender does not hold a high school diploma or	3316
certificate of high school equivalence, the eligible offender may	3317
elect to participate in an education program that is designed to	3318
award a certificate of adult basic education or an education	3319
program that is designed to award a certificate of high school	3320
equivalence to those eligible offenders who successfully complete	3321
the education program, whether the completion occurs during or	3322
subsequent to the ninety-day period. To the extent possible, the	3323
department shall use as teachers in the education program persons	3324
who have been issued a license pursuant to sections 3319.22 to	3325
3319.31 of the Revised Code, who have volunteered their services	3326
to the education program, and who satisfy any other criteria	3327
specified in the rules for the pilot project.	3328

(b) Immediately following the ninety-day period of	3329
imprisonment, and notwithstanding any other provision governing	3330
the early release of a prisoner from imprisonment or the transfer	3331
of a prisoner to transitional control, one of the following, as	3332
determined by the director:	3333

(i) An intermediate, transitional type of detention for the	3334
period of time determined by the director and, immediately	3335
following the intermediate, transitional type of detention, a	3336
release under a post-release control sanction imposed in	3337
accordance with section 2967.28 of the Revised Code. The period	3338
of intermediate, transitional type of detention imposed by the	3339
director under this division may be in a halfway house, in a	3340
community-based correctional facility and program or district	3341
community-based correctional facility and program established	3342
under sections 2301.51 to 2301.56 of the Revised Code, or in any	3343
other facility approved by the director that provides for	3344
detention to serve as a transition between imprisonment in a state	3345
correctional institution and release from imprisonment.	3346

(ii) A release under a post-release control sanction imposed	3347
in accordance with section 2967.28 of the Revised Code.	3348

(3) The rules for the pilot program also shall include, but	3349
are not limited to, all of the following:	3350

(a) Rules identifying the locations within the state	3351
correctional institution designated by the director that will be	3352
used for eligible offenders serving a sentence of shock	3353
incarceration;	3354

(b) Rules establishing specific schedules of discipline,	3355
physical training, and hard labor for eligible offenders serving a	3356
sentence of shock incarceration, based upon the offender's	3357
physical condition and needs;	3358

(c) Rules establishing standards and criteria for the	3359
department to use in determining which eligible offenders the	3360
department will permit to serve their sentence of imprisonment as	3361
a sentence of shock incarceration;	3362

(d) Rules establishing guidelines for the selection of	3363
post-release control sanctions for eligible offenders;	3364

(e) Rules establishing procedures for notifying sentencing	3365
courts of the performance of eligible offenders serving their	3366
sentences of imprisonment as a sentence of shock incarceration;	3367

(f) Any other rules that are necessary for the proper	3368
conduct of the pilot program.	3369

(C)(1) If an offender is sentenced to a term of imprisonment	3370
under the custody of the department, if the sentencing court	3371
determined that the offender is eligible for placement in a	3372
program of shock incarceration under this section, and if the	3373
sentencing court either recommends the offender for placement in a	3374
program of shock incarceration under this section or makes no	3375
recommendation on placement of the offender, and if the department	3376
determines that the offender is an eligible offender for placement	3377
in a program of shock incarceration under this section, the	3378
department may permit the eligible offender to serve the sentence	3379
in a program of shock incarceration, in accordance with division	3380
(K) of section 2929.14 of the Revised Code, with this section, and	3381
with the rules adopted under this section. If the sentencing court	3382
disapproves placement of the offender in a program of shock	3383
incarceration, the department shall not place the offender in any	3384
program of shock incarceration.	3385

If the sentencing court recommends the offender for placement	3386
in a program of shock incarceration and if the department	3387
subsequently places the offender in the recommended program, the	3388
department shall notify the court of the offender's placement in	3389
the recommended program and shall include with the notice a brief	3390
description of the placement.	3391

If the sentencing court approvesrecommends placement of the	3392
offender in a program of shock incarceration and the department	3393
for any reason does not subsequently place the offender in the	3394
recommended program, the department shall send a notice to the	3395
court indicating why the offender was not placed in the	3396
recommended program.	3397

If the sentencing court does not make a recommendation on the	3398
placement of an eligible offender in a program of shock	3399
incarceration and if the department determines that the offender	3400
is an eligible offender for placement in a program of that nature,	3401
the department shall screen the offender and determine if the	3402
offender is suited for the program of shock incarceration. If the	3403
offender is suited for the program of shock incarceration, at	3404
least three weeks prior to permitting an eligible offender to	3405
serve the sentence in a program of shock incarceration, the	3406
department shall notify the sentencing court of the proposed	3407
placement of the offender in the program and shall include with	3408
the notice a brief description of the placement. The court shall	3409
have ten days from receipt of the notice to disapprove the	3410
placement. If the sentencing court disapproves of the placement,	3411
the department shall not permit the eligible offender to serve the	3412
sentence in a program of shock incarceration. If the judge does	3413
not timely disapprove of placement of the offender in the program	3414
of shock incarceration, the department may proceed with plans for	3415
placement of the offender.	3416

If the sentencing court determineddepartment determines that	3417
the offender is not eligible for placement in a program of shock	3418
incarceration or if the sentencing court disapproves placement of	3419
the offender in a program of that nature, the department of	3420
rehabilitation and correction shall not place the offender in any	3421
program of shock incarceration.	3422

(2) If the department permits an eligible offender to serve	3423
the eligible offender's sentence of imprisonment as a sentence of	3424
shock incarceration and the eligible offender does not	3425
satisfactorily complete the entire period of imprisonment	3426
described in division (B)(2)(a) of this section, the offender	3427
shall be removed from the pilot program for shock incarceration	3428
and shall be required to serve the remainder of the offender's	3429
sentence of imprisonment imposed by the sentencing court as a	3430
regular term of imprisonment. If the eligible offender commences	3431
a period of post-release control described in division (B)(2)(b)	3432
of this section and violates the conditions of that post-release	3433
control, the eligible offender shall be subject to the provisions	3434
of sections 2929.141, 2967.15, and 2967.28 of the Revised Code	3435
regarding violation of post-release control sanctions.	3436

(3) If an eligible offender's stated prison term expires at	3437
any time during the eligible offender's participation in the shock	3438
incarceration program, the adult parole authority shall terminate	3439
the eligible offender's participation in the program and shall	3440
issue to the eligible offender a certificate of expiration of the	3441
stated prison term.	3442

(D) The director shall keep sentencing courts informed of	3443
the performance of eligible offenders serving their sentences of	3444
imprisonment as a sentence of shock incarceration, including, but	3445
not limited to, notice of eligible offenders who fail to	3446
satisfactorily complete their entire sentence of shock	3447
incarceration or who satisfactorily complete their entire sentence	3448
of shock incarceration.	3449

(E) Within a reasonable period of time after November 20,	3450
1990, the director shall appoint a committee to search for one or	3451
more suitable sites at which one or more programs of shock	3452
incarceration, in addition to the pilot program required by	3453
division (B)(1) of this section, may be established. The search	3454
committee shall consist of the director or the director's	3455
designee, as chairperson; employees of the department of	3456
rehabilitation and correction appointed by the director; and any	3457
other persons that the director, in the director's discretion,	3458
appoints. In searching for such sites, the search committee shall	3459
give preference to any site owned by the state or any other	3460
governmental entity and to any existing structure that reasonably	3461
could be renovated, enlarged, converted, or remodeled for purposes	3462
of establishing such a program. The search committee shall	3463
prepare a report concerning its activities and, on the earlier of	3464
the day that is twelve months after the first day on which an	3465
eligible offender began serving a sentence of shock incarceration	3466
under the pilot program or January 1, 1992, shall file the report	3467
with the president and the minority leader of the senate, the	3468
speaker and the minority leader of the house of representatives,	3469
the members of the senate who were members of the senate judiciary	3470
committee in the 118th general assembly or their successors, and	3471
the members of the house of representatives who were members of	3472
the select committee to hear drug legislation that was established	3473
in the 118th general assembly or their successors. Upon the	3474
filing of the report, the search committee shall terminate. The	3475
report required by this division shall contain all of the	3476
following:	3477

(1) A summary of the process used by the search committee in	3478
performing its duties under this division;	3479

(2) A summary of all of the sites reviewed by the search	3480
committee in performing its duties under this division, and the	3481
benefits and disadvantages it found relative to the establishment	3482
of a program of shock incarceration at each such site;	3483

(3) The findings and recommendations of the search committee	3484
as to the suitable site or sites, if any, at which a program of	3485
shock incarceration, in addition to the pilot program required by	3486
division (B)(1) of this section, may be established.	3487

(F) The director periodically shall review the pilot program	3488
for shock incarceration required to be established by division	3489
(B)(1) of this section. The director shall prepare a report	3490
relative to the pilot program and, on the earlier of the day that	3491
is twelve months after the first day on which an eligible offender	3492
began serving a sentence of shock incarceration under the pilot	3493
program or January 1, 1992, shall file the report with the	3494
president and the minority leader of the senate, the speaker and	3495
the minority leader of the house of representatives, the members	3496
of the senate who were members of the senate judiciary committee	3497
in the 118th general assembly or their successors, and the members	3498
of the house of representatives who were members of the select	3499
committee to hear drug legislation that was established in the	3500
118th general assembly or their successors. The pilot program	3501
shall not terminate at the time of the filing of the report, but	3502
shall continue in operation in accordance with this section. The	3503
report required by this division shall include all of the	3504
following:	3505

(1) A summary of the pilot program as initially established,	3506
a summary of all changes in the pilot program made during the	3507
period covered by the report and the reasons for the changes, and	3508
a summary of the pilot program as it exists on the date of	3509
preparation of the report;	3510

(2) A summary of the effectiveness of the pilot program, in	3511
the opinion of the director and employees of the department	3512
involved in its operation;	3513

(3) An analysis of the total cost of the pilot program, of	3514
its cost per inmate who was permitted to serve a sentence of shock	3515
incarceration and who served the entire sentence of shock	3516
incarceration, and of its cost per inmate who was permitted to	3517
serve a sentence of shock incarceration;	3518

(4) A summary of the standards and criteria used by the	3519
department in determining which eligible offenders were permitted	3520
to serve their sentence of imprisonment as a sentence of shock	3521
incarceration;	3522

(5) A summary of the characteristics of the eligible	3523
offenders who were permitted to serve their sentence of	3524
imprisonment as a sentence of shock incarceration, which summary	3525
shall include, but not be limited to, a listing of every offense	3526
of which any such eligible offender was convicted or to which any	3527
such eligible offender pleaded guilty and in relation to which the	3528
eligible offender served a sentence of shock incarceration, and	3529
the total number of such eligible offenders who were convicted of	3530
or pleaded guilty to each such offense;	3531

(6) A listing of the number of eligible offenders who were	3532
permitted to serve a sentence of shock incarceration and who did	3533
not serve the entire sentence of shock incarceration, and, to the	3534
extent possible, a summary of the length of the terms of	3535
imprisonment served by such eligible offenders after they were	3536
removed from the pilot program;	3537

(7) A summary of the effect of the pilot program on	3538
overcrowding at state correctional institutions;	3539

(8) To the extent possible, an analysis of the rate of	3540
recidivism of eligible offenders who were permitted to serve a	3541
sentence of shock incarceration and who served the entire sentence	3542
of shock incarceration;	3543

(9) Recommendations as to legislative changes to the pilot	3544
program that would assist in its operation or that could further	3545
alleviate overcrowding at state correctional institutions, and	3546
recommendations as to whether the pilot program should be	3547
expanded.	3548

Sec. 5120.032.  (A) No later than January 1, 1998, the	3549
department of rehabilitation and correction shall develop and	3550
implement intensive program prisons for male and female prisoners	3551
other than prisoners described in division (B)(2) of this section.	3552
The intensive program prisons shall include institutions at which	3553
imprisonment of the type described in division (B)(2)(a) of	3554
section 5120.031 of the Revised Code is provided and prisons that	3555
focus on educational achievement, vocational training, alcohol and	3556
other drug abuse treatment, community service and conservation	3557
work, and other intensive regimens or combinations of intensive	3558
regimens.	3559

(B)(1)(a) Except as provided in division (B)(2) of this	3560
section, if an offender is sentenced to a term of imprisonment	3561
under the custody of the department, if the sentencing court	3562
determines that a prisoner is eligible for placement in an	3563
intensive program prison under this section and the sentencing	3564
court either recommends the offenderprisoner for placement in the	3565
intensive program prison under this section or makes no	3566
recommendation on placement of the prisoner, and if the department	3567
determines that the prisoner is eligible for placement in an	3568
intensive program prison under this section, the department may	3569
place the prisoner in an intensive program prison established	3570
pursuant to division (A) of this section. If the sentencing court	3571
disapproves placement of the prisoner in an intensive program	3572
prison, the department shall not place the prisoner in any	3573
intensive program prison.	3574

If the sentencing court recommends a prisoner for placement	3575
in an intensive program prison and if the department subsequently	3576
places the prisoner in the recommended prison, the department	3577
shall notify the court of the prisoner's placement in the	3578
recommended intensive program prison and shall include with the	3579
notice a brief description of the placement.	3580

If the sentencing court approvesrecommends placement of a	3581
prisoner in an intensive program prison and the department for any	3582
reason does not subsequently place the offenderprisoner in the	3583
recommended prison, the department shall send a notice to the	3584
court indicating why the prisoner was not placed in the	3585
recommended prison.	3586

If the sentencing court does not make a recommendation on the	3587
placement of an eligiblea prisoner in an intensive program prison	3588
and if the department determines that the prisoner is eligible for	3589
placement in a prison of that nature, the department shall screen	3590
the prisoner and determine if the prisoner is suited for the	3591
prison. If the prisoner is suited for the intensive program	3592
prison, at least three weeks prior to placing the prisoner in the	3593
prison, the department shall notify the sentencing court of the	3594
proposed placement of the prisoner in the intensive program prison	3595
and shall include with the notice a brief description of the	3596
placement. The court shall have ten days from receipt of the	3597
notice to disapprove the placement. If the sentencing court	3598
disapproves the placement, the department shall not proceed with	3599
it. If the sentencing court does not timely disapprove of the	3600
placement, the department may proceed with plans for it.	3601

If the sentencing courtdepartment determines that a prisoner	3602
is not eligible for placement in an intensive program prison or if	3603
the sentencing court disapproves placement of an offender in a	3604
prison of that nature, the department of rehabilitation and	3605
correction shall not place the prisoner in any intensive program	3606
prison.	3607

(b) The department may reduce the stated prison term of a	3608
prisoner upon the prisoner's successful completion of a ninety-day	3609
period in an intensive program prison. A prisoner whose term has	3610
been so reduced shall be required to serve an intermediate,	3611
transitional type of detention followed by a release under	3612
post-release control sanctions or, in the alternative, shall be	3613
placed under post-release control sanctions, as described in	3614
division (B)(2)(b)(ii) of section 5120.031 of the Revised Code. In	3615
either case, the placement under post-release control sanctions	3616
shall be under terms set by the parole board in accordance with	3617
section 2967.28 of the Revised Code and shall be subject to the	3618
provisions of that section and section 2929.141 of the Revised	3619
Code with respect to a violation of any post-release control	3620
sanction.	3621

(2) A prisoner who is in any of the following categories is	3622
not eligible to participate in an intensive program prison	3623
established pursuant to division (A) of this section:	3624

(a) The prisoner is serving a prison term for aggravated	3625
murder, murder, or a felony of the first or second degree or a	3626
comparable offense under the law in effect prior to July 1, 1996,	3627
or the prisoner previously has been imprisoned for aggravated	3628
murder, murder, or a felony of the first or second degree or a	3629
comparable offense under the law in effect prior to July 1, 1996.	3630

(b) The prisoner is serving a mandatory prison term, as	3631
defined in section 2929.01 of the Revised Code.	3632

(c) The prisoner is serving a prison term for a felony of	3633
the third, fourth, or fifth degree that either is a sex offense,	3634
an offense betraying public trust, or an offense in which the	3635
prisoner caused or attempted to cause actual physical harm to a	3636
person, the prisoner is serving a prison term for a comparable	3637
offense under the law in effect prior to July 1, 1996, or the	3638
prisoner previously has been imprisoned for an offense of that	3639
type or a comparable offenceoffense under the law in effect prior	3640
to July 1, 1996.	3641

(d) The prisoner is serving a mandatory prison term in	3642
prison for a third or fouthfourth degree felony OMVI offense, as	3643
defined in section 2929.01 of the Revised Code, that was imposed	3644
pursuant to division (G)(2) of section 2929.13 of the Revised	3645
Code.	3646

(C) Upon the implementation of intensive program prisons	3647
pursuant to division (A) of this section, the department at all	3648
times shall maintain intensive program prisons sufficient in	3649
number to reduce the prison terms of at least three hundred fifty	3650
prisoners who are eligible for reduction of their stated prison	3651
terms as a result of their completion of a regimen in an intensive	3652
program prison under this section.	3653

Sec. 5120.033.  (A) As used in this section, "third degree	3654
felony OMVI offense" and "fourth degree felony OMVI offense" have	3655
the same meanings as in section 2929.01 of the Revised Code.	3656

(B) Within eighteen months after October 17, 1996, the	3657
department of rehabilitation and correction shall develop and	3658
implement intensive program prisons for male and female prisoners	3659
who are sentenced pursuant to division (G)(2) of section 2929.13	3660
of the Revised Code to a mandatory prison term for a third or	3661
fourth degree felony OMVI offense. The department shall contract	3662
pursuant to section 9.06 of the Revised Code for the private	3663
operation and management of the initial intensive program prison	3664
established under this section and may contract pursuant to that	3665
section for the private operation and management of any other	3666
intensive program prison established under this section. The	3667
intensive program prisons established under this section shall	3668
include prisons that focus on educational achievement, vocational	3669
training, alcohol and other drug abuse treatment, community	3670
service and conservation work, and other intensive regimens or	3671
combinations of intensive regimens.	3672

(C) Except as provided in division (D) of this section, the	3673
department may place a prisoner who is sentenced to a mandatory	3674
prison term for a third or fourth degree felony OMVI offense in an	3675
intensive program prison established pursuant to division (B) of	3676
this section if the sentencing judge, upon notification by the	3677
department of its intent to place the prisoner in an intensive	3678
program prison, does not notify the department that the judge	3679
disapproves the placement. If the stated prison term imposed on a	3680
prisoner who is so placed is longer than the mandatory prison term	3681
that is required to be imposed on the prisoner, the department may	3682
reduce the stated prison term upon the prisoner's successful	3683
completion of the prisoner's mandatory prison term in an intensive	3684
program prison. A prisoner whose term has been so reduced shall	3685
be required to serve an intermediate, transitional type of	3686
detention followed by a release under post-release control	3687
sanctions or, in the alternative, shall be placed under	3688
post-release control sanctions, as described in division	3689
(B)(2)(b)(ii) of section 5120.031 of the Revised Code. In either	3690
case, the placement under post-release control sanctions shall be	3691
under terms set by the parole board in accordance with section	3692
2967.28 of the Revised Code and shall be subject to the provisions	3693
of that section and section 2929.141 of the Revised Code with	3694
respect to a violation of any post-release control sanction. Upon	3695
the establishment of the initial intensive program prison pursuant	3696
to division (B) of this section that is privately operated and	3697
managed by a contractor pursuant to a contract entered into under	3698
section 9.06 of the Revised Code, the department shall comply with	3699
divisions (G)(2)(a) and (b) of section 2929.13 of the Revised Code	3700
in placing prisoners in intensive program prisons under this	3701
section.	3702

(D) A prisoner who is sentenced to a mandatory prison term	3703
for a third or fourth degree felony OMVI offense is not eligible	3704
to participate in an intensive program prison established under	3705
division (B) of this section if any of the following applies	3706
regarding the prisoner:	3707

(1) In addition to the mandatory prison term for the third	3708
or fourth degree felony OMVI offense, the prisoner also is serving	3709
a prison term of a type described in division (B)(2)(a), (b), or	3710
(c) of section 5120.032 of the Revised Code.	3711

(2) The prisoner previously has been imprisoned for an	3712
offense of a type described in division (B)(2)(a) or (c) of	3713
section 5120.032 of the Revised Code or a comparable offense under	3714
the law in effect prior to July 1, 1996.	3715

(E) Intensive program prisons established under division (B)	3716
of this section are not subject to section 5120.032 of the Revised	3717
Code.	3718

Sec. 5145.01.  Courts shall impose sentences to a state	3719
correctional institution for felonies pursuant to sections 2929.13	3720
and 2929.14 of the Revised Code. All prison terms may be ended in	3721
the manner provided by law, but no prison term shall exceed the	3722
maximum term provided for the felony of which the prisoner was	3723
convicted as extended pursuant to section 2929.141, 2967.11, or	3724
2967.28 of the Revised Code.	3725

If a prisoner is sentenced for two or more separate felonies,	3726
the prisoner's term of imprisonment shall run as a concurrent	3727
sentence, except if the consecutive sentence provisions of	3728
sections 2929.14 and 2929.41 of the Revised Code apply. If	3729
sentenced consecutively, for the purposes of sections 5145.01 to	3730
5145.27 of the Revised Code, the prisoner shall be held to be	3731
serving one continuous term of imprisonment.	3732

If a court imposes a sentence to a state correctional	3733
institution for a felony of the fourth or fifth degree, the	3734
department of rehabilitation and correction, notwithstanding the	3735
court's designation of a state correctional institution as the	3736
place of service of the sentence, may designate that the person	3737
sentenced is to be housed in a county, multicounty, municipal,	3738
municipal-county, or multicounty-municipal jail or workhouse if	3739
authorized pursuant to section 5120.161 of the Revised Code.	3740

If, through oversight or otherwise, a person is sentenced to	3741
a state correctional institution under a definite term for an	3742
offense for which a definite term of imprisonment is not provided	3743
by statute, the sentence shall not thereby become void, but the	3744
person shall be subject to the liabilities of such sections and	3745
receive the benefits thereof, as if the person had been sentenced	3746
in the manner required by this section.	3747

As used in this section, "prison term" has the same meaning	3748
as in section 2929.01 of the Revised Code.	3749

Section 2. That existing sections 181.25, 2307.62, 2913.01,	3750
2913.04, 2919.25, 2925.23, 2929.01, 2929.12, 2929.13, 2929.14,	3751
2929.19, 2929.20, 2951.041, 2967.16, 2967.28, 3719.21, 4723.09,	3752
4723.28, 4723.72, 4723.74, 4723.75, 4723.77, 5120.031, 5120.032,	3753
5120.033, and 5145.01 of the Revised Code are hereby repealed.	3754

Section 3. Section 2919.25 of the Revised Code is presented	3755
in this act as a composite of the section as amended by both H.B.	3756
238 and Am. Sub. S.B. 1 of the 122nd General Assembly. Section	3757
2929.01 of the Revised Code is presented in this act as a	3758
composite of the section as amended by Am. Sub. H.B. 349, Am. Sub.	3759
S.B. 179, and Am. Sub. S.B. 222 of the 123rd General Assembly.	3760
Section 2929.13 of the Revised Code is presented in this act as a	3761
composite of the section as amended by Am. H.B. 528, Am. Sub. S.B.	3762
22, Am. Sub. S.B. 107, Am. S.B. 142, and Am. Sub. S.B. 222 of the	3763
123rd General Assembly. Section 2929.19 of the Revised Code is	3764
presented in this act as a composite of the section as amended by	3765
Am. Sub. H.B. 349, Am. Sub. S.B. 22, and Am. Sub. S.B. 107 of the	3766
123rd General Assembly. Section 2951.041 of the Revised Code is	3767
presented in this act as a composite of the section as amended by	3768
both Sub. H.B. 202 and Am. Sub. S.B. 107 of the 123rd General	3769
Assembly. Section 4723.09 of the Revised Code is presented in this	3770
act as a composite of the section as amended by both Sub. H.B. 511	3771
and Am. Sub. S.B. 180 of the 123rd General Assembly. Section	3772
5120.032 of the Revised Code is presented in this act as a	3773
composite of the section as amended by both Am. Sub. S.B. 22 and	3774
Am. Sub. S.B. 107 of the 123rd General Assembly. The General	3775
Assembly, applying the principle stated in division (B) of section	3776
1.52 of the Revised Code that amendments are to be harmonized if	3777
reasonably capable of simultaneous operation, finds that the	3778
composites are the resulting versions of the sections in effect	3779
prior to the effective date of the sections as presented in this	3780
act.	3781