REPRESENTATIVES Latta, McGregor, Seitz, Fessler

To amend sections 1.05, 109.42, 109.511, 109.77,

1

120.06, 120.16, 120.26, 149.43, 306.352, 307.93,

2

311.04, 321.44, 341.14, 341.19, 341.21, 341.23,

3

341.26, 505.49, 509.01, 511.232, 737.052, 737.162,

4

737.41, 753.02, 753.04, 753.16, 1501.013, 1503.29,

5

1517.10, 1531.132, 1541.11, 1545.13, 1547.523,

6

1547.99, 1702.80, 1713.50, 2101.09, 2152.02,

7

2152.19, 2152.20, 2301.03, 2301.27, 2301.28,

8

2301.30, 2301.32, 2301.56, 2305.234, 2313.29,

9

2903.13, 2905.12, 2907.15, 2907.27, 2919.22,

10

2919.25, 2923.14, 2925.11, 2929.01, 2929.17,

11

2929.18, 2929.19, 2929.221, 2929.25, 2929.28,

12

2929.31, 2935.33, 2937.07, 2945.17, 2947.06,

13

2947.19, 2947.21, 2949.111, 2950.01, 2950.99,

14

2951.01, 2951.011, 2951.02, 2951.021, 2951.041,

15

2951.05, 2951.06, 2951.07, 2951.08, 2951.10,

16

2953.31, 2953.32, 2953.33, 2961.01, 2963.01,

17

2963.11, 2963.20, 2963.21, 2967.02, 2967.22,

18

2967.26, 2969.11, 2969.12, 2969.13, 2969.14,

19

3313.65, 3321.38, 3345.04, 3719.12, 3719.121,

20

3719.70, 3734.44, 3735.311, 3748.99, 3793.13,

21

3937.43, 3959.13, 4507.021, 4507.022, 4507.16,

22

4507.99, 4511.83, 4511.99, 4717.05, 4734.35,

23

4761.13, 4973.171, 5101.28, 5101.45, 5119.14,

24

5120.10, 5120.102, 5120.103, 5120.56, 5122.01,

25

5122.10, 5122.21, 5122.26, 5123.13, 5145.01,

26

5147.12, 5147.30, 5149.03, 5149.18, 5149.31,

27

5321.01, 5502.14, 5743.45, 5907.021, and 6101.75;

28

to amend, for the purpose of adopting new section

29

numbers as indicated in parentheses, sections

30

2929.221 (2929.36), 2929.24 (2929.42), 2929.25

31

(2929.32), 2929.28 (2929.71), and 2929.29

32

(2929.43); to enact new sections 2929.21, 2929.22,

33

2929.23, 2929.24, 2929.25, 2929.28, and 2929.29 and

34

sections 1905.033, 2929.26, and 2929.27; and to

35

repeal sections 341.06, 737.30, 2929.21, 2929.22,

36

2929.223, 2929.23, 2929.51, 2933.16, and 2951.09 of

37

the Revised Code to implement the recommendations

38

of the Criminal Sentencing Commission pertaining to

39

misdemeanor sentencing generally and to make other

40

changes in the criminal law.

41

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

Section 1.  That sections 1.05, 109.42, 109.511, 109.77,	42
120.06, 120.16, 120.26, 149.43, 306.352, 307.93, 311.04, 321.44,	43
341.14, 341.19, 341.21, 341.23, 341.26, 505.49, 509.01, 511.232,	44
737.052, 737.162, 737.41, 753.02, 753.04, 753.16, 1501.013,	45
1503.29, 1517.10, 1531.132, 1541.11, 1545.13, 1547.523, 1547.99,	46
1702.80, 1713.50, 2101.09, 2152.02, 2152.19, 2152.20, 2301.03,	47
2301.27, 2301.28, 2301.30, 2301.32, 2301.56, 2305.234, 2313.29,	48
2903.13, 2905.12, 2907.15, 2907.27, 2919.22, 2919.25, 2923.14,	49
2925.11, 2929.01, 2929.17, 2929.18, 2929.19, 2929.221, 2929.25,	50
2929.28, 2929.31, 2935.33, 2937.07, 2945.17, 2947.06, 2947.19,	51
2947.21, 2949.111, 2950.01, 2950.99, 2951.01, 2951.011, 2951.02,	52
2951.021, 2951.041, 2951.05, 2951.06, 2951.07, 2951.08, 2951.10,	53
2953.31, 2953.32, 2953.33, 2961.01, 2963.01, 2963.11, 2963.20,	54
2963.21, 2967.02, 2967.22, 2967.26, 2969.11, 2969.12, 2969.13,	55
2969.14, 3313.65, 3321.38, 3345.04, 3719.12, 3719.121, 3719.70,	56
3734.44, 3735.311, 3748.99, 3793.13, 3937.43, 3959.13, 4507.021,	57
4507.022, 4507.16, 4507.99, 4511.83, 4511.99, 4717.05, 4734.35,	58
4761.13, 4973.171, 5101.28, 5101.45, 5119.14, 5120.10, 5120.102,	59
5120.103, 5120.56, 5122.01, 5122.10, 5122.21, 5122.26, 5123.13,	60
5145.01, 5147.12, 5147.30, 5149.03, 5149.18, 5149.31, 5321.01,	61
5502.14, 5743.45, 5907.021, and 6101.75 be amended; sections	62
2929.221 (2929.36), 2929.24 (2929.42), 2929.25 (2929.32), 2929.28	63
(2929.71), and 2929.29 (2929.43) be amended for the purpose of	64
adopting new section numbers as indicated in parentheses; and new	65
sections 2929.21, 2929.22, 2929.23, 2929.24, 2929.25, 2929.28, and	66
2929.29 and sections 1905.033, 2929.26, and 2929.27 of the Revised	67
Code be enacted to read as follows:	68

Sec. 1.05.  As used in the Revised Code, unless the context	69
otherwise requires, "imprisoned" means:	70

(A) Imprisoned in a county, multicounty, municipal,	71
municipal-county, or multicounty-municipal jail or workhouse, if	72
the offense is a misdemeanor;	73

(B) Imprisoned in a state correctional institution, if the	74
offense is aggravated murder, murder, or an offense punishable by	75
life imprisonment or if the offense is another felony for which	76
the offender is sentenced to prison pursuant to section 2929.14 or	77
division (G)(2) of section 2929.13 of the Revised Code;	78

(C) Imprisoned in a county, multicounty, municipal,	79
municipal-county, or multicounty-municipal jail or workhouse	80
pursuant to section 2929.16 of the Revised Code if the offense is	81
a felony or imprisoned in a county, multicounty, municipal,	82
municipal-county, or multicounty-municipal jail or workhouse	83
pursuant to section 5120.161 of the Revised Code if the offense is	84
a felony of the fourth or fifth degree and is committed by a	85
person who previously has not been convicted of or pleaded guilty	86
to a felony, if the offense is not an offense of violence, and if	87
the department of rehabilitation and correction designates,	88
pursuant to that section, that the person is to be imprisoned in	89
the jail or workhouse;	90

(D)(1) Serving a term in a community-based correctional	91
facility pursuant to section 2929.16 of the Revised Code and	92
consistent with sections 2301.51 to 2301.56 of the Revised Code	93
and the rules of the division of parole and community services,	94
the department of rehabilitation and correction, and the	95
facility's judicial corrections board adopted pursuant to section	96
2301.52 of the Revised Code;	97

(2) Serving a term in a halfway house or an alternative a	98
facility pursuant to of a type described in section 2929.16 or	99
division (G)(1) of section 2929.13 of the Revised Code and	100
consistent with section 2967.14 of the Revised Code and the rules	101
of the division of parole and community services and of the	102
director of rehabilitation and correction adopted pursuant to that	103
section., if the offense is a felony and the offender is sentenced	104
pursuant to that section or division.	105

(3) The inclusion of a community-based correctional	106
facility, a halfway house, and an alternative residential facility	107
in division (D) of this section does not cause the facility or	108
house to be financially responsible for the payment of any medical	109
or other health care expenses incurred in connection with an	110
offender who is serving a term in the facility or house pursuant	111
to section 2929.16 of the Revised Code. Unless another section of	112
the Revised Code requires or authorizes a community-based	113
correctional facility, halfway house, or alternative residential	114
facility to pay for those types of expenses, an offender who is	115
serving a term in the facility or house pursuant to section	116
2929.16 of the Revised Code shall be financially responsible for	117
the payment of those types of expenses.	118

(4) As used in division (D) of this section,	119
"community-based correctional facility," "halfway house," and	120
"alternative residential facility" have the same meanings as in	121
section 2929.01 of the Revised Codebeing imprisoned or serving a	122
term of imprisonment, prison term, jail term, term of local	123
incarceration, or other term in an institution under the control	124
of the department of rehabilitation and correction, a county,	125
multicounty, municipal, municipal-county, or multicounty-municipal	126
jail or workhouse, a minimum security misdemeanant jail, a	127
community-based correctional facility, a halfway house, an	128
alternative residential facility, or another facility described or	129
referred to in section 2929.36 of the Revised Code for the type of	130
criminal offense and under the circumstances specified or referred	131
to in that section.	132

Sec. 109.42.  (A) The attorney general shall prepare and	133
have printed a pamphlet that contains a compilation of all	134
statutes relative to victim's rights in which the attorney general	135
lists and explains the statutes in the form of a victim's bill of	136
rights. The attorney general shall distribute the pamphlet to all	137
sheriffs, marshals, municipal corporation and township police	138
departments, constables, and other law enforcement agencies, to	139
all prosecuting attorneys, city directors of law, village	140
solicitors, and other similar chief legal officers of municipal	141
corporations, and to organizations that represent or provide	142
services for victims of crime. The victim's bill of rights set	143
forth in the pamphlet shall contain a description of all of the	144
rights of victims that are provided for in Chapter 2930. or in any	145
other section of the Revised Code and shall include, but not be	146
limited to, all of the following:	147

(1) The right of a victim or a victim's representative to	148
attend a proceeding before a grand jury, in a juvenile case, or in	149
a criminal case pursuant to a subpoena without being discharged	150
from the victim's or representative's employment, having the	151
victim's or representative's employment terminated, having the	152
victim's or representative's pay decreased or withheld, or	153
otherwise being punished, penalized, or threatened as a result of	154
time lost from regular employment because of the victim's or	155
representative's attendance at the proceeding pursuant to the	156
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	157
2945.451 of the Revised Code;	158

(2) The potential availability pursuant to section 2151.359	159
or 2152.61 of the Revised Code of a forfeited recognizance to pay	160
damages caused by a child when the delinquency of the child or	161
child's violation of probation or community control is found to be	162
proximately caused by the failure of the child's parent or	163
guardian to subject the child to reasonable parental authority or	164
to faithfully discharge the conditions of probation or community	165
control;	166

(3) The availability of awards of reparations pursuant to	167
sections 2743.51 to 2743.72 of the Revised Code for injuries	168
caused by criminal offenses;	169

(4) The right of the victim in certain criminal or juvenile	170
cases or a victim's representative to receive, pursuant to section	171
2930.06 of the Revised Code, notice of the date, time, and place	172
of the trial or delinquency proceeding in the case or, if there	173
will not be a trial or delinquency proceeding, information from	174
the prosecutor, as defined in section 2930.01 of the Revised Code,	175
regarding the disposition of the case;	176

(5) The right of the victim in certain criminal or juvenile	177
cases or a victim's representative to receive, pursuant to section	178
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	179
name of the person charged with the violation, the case or docket	180
number assigned to the charge, and a telephone number or numbers	181
that can be called to obtain information about the disposition of	182
the case;	183

(6) The right of the victim in certain criminal or juvenile	184
cases or of the victim's representative pursuant to section	185
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	186
terms set by the court as authorized under section 2930.14 of the	187
Revised Code, to make a statement about the victimization and, if	188
applicable, a statement relative to the sentencing or disposition	189
of the offender;	190

(7) The opportunity to obtain a court order, pursuant to	191
section 2945.04 of the Revised Code, to prevent or stop the	192
commission of the offense of intimidation of a crime victim or	193
witness or an offense against the person or property of the	194
complainant, or of the complainant's ward or child;	195

(8) The right of the victim in certain criminal or juvenile	196
cases or a victim's representative pursuant to sections 2151.38,	197
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	198
receive notice of a pending motion for judicial release or early	199
release of the person who committed the offense against the	200
victim, to make an oral or written statement at the court hearing	201
on the motion, and to be notified of the court's decision on the	202
motion;	203

(9) The right of the victim in certain criminal or juvenile	204
cases or a victim's representative pursuant to section 2930.16,	205
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	206
of any pending commutation, pardon, parole, transitional control,	207
discharge, other form of authorized release, post-release control,	208
or supervised release for the person who committed the offense	209
against the victim or any application for release of that person	210
and to send a written statement relative to the victimization and	211
the pending action to the adult parole authority or the release	212
authority of the department of youth services;	213

(10) The right of the victim to bring a civil action	214
pursuant to sections 2969.01 to 2969.06 of the Revised Code to	215
obtain money from the offender's profit fund;	216

(11) The right, pursuant to section 3109.09 of the Revised	217
Code, to maintain a civil action to recover compensatory damages	218
not exceeding ten thousand dollars and costs from the parent of a	219
minor who willfully damages property through the commission of an	220
act that would be a theft offense, as defined in section 2913.01	221
of the Revised Code, if committed by an adult;	222

(12) The right, pursuant to section 3109.10 of the Revised	223
Code, to maintain a civil action to recover compensatory damages	224
not exceeding ten thousand dollars and costs from the parent of a	225
minor who willfully and maliciously assaults a person;	226

(13) The possibility of receiving restitution from an	227
offender or a delinquent child pursuant to section 2152.20,	228
2929.18, or 2929.212929.28 of the Revised Code;	229

(14) The right of the victim in certain criminal or juvenile	230
cases or a victim's representative, pursuant to section 2930.16 of	231
the Revised Code, to receive notice of the escape from confinement	232
or custody of the person who committed the offense, to receive	233
that notice from the custodial agency of the person at the	234
victim's last address or telephone number provided to the	235
custodial agency, and to receive notice that, if either the	236
victim's address or telephone number changes, it is in the	237
victim's interest to provide the new address or telephone number	238
to the custodial agency;	239

(15) The right of a victim of domestic violence to seek the	240
issuance of a temporary protection order pursuant to section	241
2919.26 of the Revised Code, to seek the issuance of a civil	242
protection order pursuant to section 3113.31 of the Revised Code,	243
and to be accompanied by a victim advocate during court	244
proceedings;	245

(16) The right of a victim of a sexually oriented offense	246
that is committed by a person who is adjudicated as being a sexual	247
predator or, in certain cases, by a person who is determined to be	248
a habitual sex offender to receive, pursuant to section 2950.10 of	249
the Revised Code, notice that the person has registered with a	250
sheriff under section 2950.04 or 2950.05 of the Revised Code and	251
notice of the person's name and residence address or addresses,	252
and a summary of the manner in which the victim must make a	253
request to receive the notice. As used in this division,	254
"sexually oriented offense," "adjudicated as being a sexual	255
predator," and "habitual sex offender" have the same meanings as	256
in section 2950.01 of the Revised Code.	257

(17) The right of a victim of certain sexually violent	258
offenses committed by a sexually violent predator who is sentenced	259
to a prison term pursuant to division (A)(3) of section 2971.03 of	260
the Revised Code to receive, pursuant to section 2930.16 of the	261
Revised Code, notice of a hearing to determine whether to modify	262
the requirement that the offender serve the entire prison term in	263
a state correctional facility, whether to continue, revise, or	264
revoke any existing modification of that requirement, or whether	265
to terminate the prison term. As used in this division, "sexually	266
violent offense" and "sexually violent predator" have the same	267
meanings as in section 2971.01 of the Revised Code.	268

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	269
prosecuting attorney, assistant prosecuting attorney, city	270
director of law, assistant city director of law, village	271
solicitor, assistant village solicitor, or similar chief legal	272
officer of a municipal corporation or an assistant of any of those	273
officers who prosecutes an offense committed in this state, upon	274
first contact with the victim of the offense, the victim's family,	275
or the victim's dependents, shall give the victim, the victim's	276
family, or the victim's dependents a copy of the pamphlet prepared	277
pursuant to division (A) of this section and explain, upon	278
request, the information in the pamphlet to the victim, the	279
victim's family, or the victim's dependents.	280

(b) Subject to division (B)(1)(c) of this section, a law	281
enforcement agency that investigates an offense or delinquent act	282
committed in this state shall give the victim of the offense or	283
delinquent act, the victim's family, or the victim's dependents a	284
copy of the pamphlet prepared pursuant to division (A) of this	285
section at one of the following times:	286

(i) Upon first contact with the victim, the victim's family,	287
or the victim's dependents;	288

(ii) If the offense or delinquent act is an offense of	289
violence, if the circumstances of the offense or delinquent act	290
and the condition of the victim, the victim's family, or the	291
victim's dependents indicate that the victim, the victim's family,	292
or the victim's dependents will not be able to understand the	293
significance of the pamphlet upon first contact with the agency,	294
and if the agency anticipates that it will have an additional	295
contact with the victim, the victim's family, or the victim's	296
dependents, upon the agency's second contact with the victim, the	297
victim's family, or the victim's dependents.	298

If the agency does not give the victim, the victim's family,	299
or the victim's dependents a copy of the pamphlet upon first	300
contact with them and does not have a second contact with the	301
victim, the victim's family, or the victim's dependents, the	302
agency shall mail a copy of the pamphlet to the victim, the	303
victim's family, or the victim's dependents at their last known	304
address.	305

(c) In complying on and after December 9, 1994, with the	306
duties imposed by division (B)(1)(a) or (b) of this section, an	307
official or a law enforcement agency shall use copies of the	308
pamphlet that are in the official's or agency's possession on	309
December 9, 1994, until the official or agency has distributed all	310
of those copies. After the official or agency has distributed all	311
of those copies, the official or agency shall use only copies of	312
the pamphlet that contain at least the information described in	313
division (A)(1) to (17) of this section.	314

(2) The failure of a law enforcement agency or of a	315
prosecuting attorney, assistant prosecuting attorney, city	316
director of law, assistant city director of law, village	317
solicitor, assistant village solicitor, or similar chief legal	318
officer of a municipal corporation or an assistant to any of those	319
officers to give, as required by division (B)(1) of this section,	320
the victim of an offense or delinquent act, the victim's family,	321
or the victim's dependents a copy of the pamphlet prepared	322
pursuant to division (A) of this section does not give the victim,	323
the victim's family, the victim's dependents, or a victim's	324
representative any rights under section 122.95, 2743.51 to	325
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10	326
of the Revised Code or under any other provision of the Revised	327
Code and does not affect any right under those sections.	328

(3) A law enforcement agency, a prosecuting attorney or	329
assistant prosecuting attorney, or a city director of law,	330
assistant city director of law, village solicitor, assistant	331
village solicitor, or similar chief legal officer of a municipal	332
corporation that distributes a copy of the pamphlet prepared	333
pursuant to division (A) of this section shall not be required to	334
distribute a copy of an information card or other printed material	335
provided by the clerk of the court of claims pursuant to section	336
2743.71 of the Revised Code.	337

(C) The cost of printing and distributing the pamphlet	338
prepared pursuant to division (A) of this section shall be paid	339
out of the reparations fund, created pursuant to section 2743.191	340
of the Revised Code, in accordance with division (D) of that	341
section.	342

(D) As used in this section:

343

(1) "Victim's representative" has the same meaning as in	344
section 2930.01 of the Revised Code;	345

(2) "Victim advocate" has the same meaning as in section	346
2919.26 of the Revised Code.	347

Sec. 109.511.  (A) As used in this section, "felony" means	348
any of the following:	349

(1) An offense committed in this state that is a felony	350
under the law of this state;	351

(2) An offense committed in a state other than this state,	352
or under the law of the United States, that, if committed in this	353
state, would be a felony under the law of this state.	354

(B) The superintendent of the bureau of criminal	355
identification and investigation shall not appoint or employ any	356
person as an investigator or a special agent on a permanent basis,	357
on a temporary basis, for a probationary term, or on other than a	358
permanent basis if the person previously has been convicted of or	359
has pleaded guilty to a felony.	360

(C)(1) The superintendent shall terminate the employment of	361
an investigator or a special agent who does either of the	362
following:	363

(a) Pleads guilty to a felony;

364

(b) Pleads guilty to a misdemeanor pursuant to a negotiated	365
plea agreement as provided in division (D) of section 2929.29	366
2929.43 of the Revised Code in which the investigator or special	367
agent agrees to surrender the certificate awarded to the	368
investigator or special agent under section 109.77 of the Revised	369
Code.	370

(2) The superintendent shall suspend from employment an	371
investigator or a special agent who is convicted, after trial, of	372
a felony. If the investigator or special agent files an appeal	373
from that conviction and the conviction is upheld by the highest	374
court to which the appeal is taken or if the investigator or	375
special agent does not file a timely appeal, the superintendent	376
shall terminate the employment of that investigator or special	377
agent. If the investigator or special agent files an appeal that	378
results in that investigator's or special agent's acquittal of the	379
felony or conviction of a misdemeanor, or in the dismissal of the	380
felony charge against the investigator or special agent, the	381
superintendent shall reinstate that investigator or special agent.	382
An investigator or a special agent who is reinstated under this	383
division shall not receive any back pay unless that investigator's	384
or special agent's conviction of the felony was reversed on	385
appeal, or the felony charge was dismissed, because the court	386
found insufficient evidence to convict the investigator or special	387
agent of the felony.	388

(D) This section does not apply regarding an offense that	389
was committed prior to January 1, 1997.	390

(E) The suspension from employment or the termination of the	391
employment of an investigator or a special agent under division	392
(C) of this section shall be in accordance with Chapter 119. of	393
the Revised Code.	394

Sec. 109.77.  (A) As used in this section, "felony" has the	395
same meaning as in section 109.511 of the Revised Code.	396

(B)(1) Notwithstanding any general, special, or local law or	397
charter to the contrary, and except as otherwise provided in this	398
section, no person shall receive an original appointment on a	399
permanent basis as any of the following unless the person	400
previously has been awarded a certificate by the executive	401
director of the Ohio peace officer training commission attesting	402
to the person's satisfactory completion of an approved state,	403
county, municipal, or department of natural resources peace	404
officer basic training program:	405

(a) A peace officer of any county, township, municipal	406
corporation, regional transit authority, or metropolitan housing	407
authority;	408

(b) A natural resources law enforcement staff officer, park	409
officer, forest officer, preserve officer, wildlife officer, or	410
state watercraft officer of the department of natural resources;	411

(c) An employee of a park district under section 511.232 or	412
1545.13 of the Revised Code;	413

(d) An employee of a conservancy district who is designated	414
pursuant to section 6101.75 of the Revised Code;	415

(e) A state university law enforcement officer;

416

(f) A special police officer employed by the department of	417
mental health pursuant to section 5119.14 of the Revised Code or	418
the department of mental retardation and developmental	419
disabilities pursuant to section 5123.13 of the Revised Code;	420

(g) An enforcement agent of the department of public safety	421
whom the director of public safety designates under section	422
5502.14 of the Revised Code;	423

(h) A special police officer employed by a port authority	424
under section 4582.04 or 4582.28 of the Revised Code.	425

(2) Every person who is appointed on a temporary basis or	426
for a probationary term or on other than a permanent basis as any	427
of the following shall forfeit the appointed position unless the	428
person previously has completed satisfactorily or, within the time	429
prescribed by rules adopted by the attorney general pursuant to	430
section 109.74 of the Revised Code, satisfactorily completes a	431
state, county, municipal, or department of natural resources peace	432
officer basic training program for temporary or probationary	433
officers and is awarded a certificate by the director attesting to	434
the satisfactory completion of the program:	435

(a) A peace officer of any county, township, municipal	436
corporation, regional transit authority, or metropolitan housing	437
authority;	438

(b) A natural resources law enforcement staff officer, park	439
officer, forest officer, preserve officer, wildlife officer, or	440
state watercraft officer of the department of natural resources;	441

(c) An employee of a park district under section 511.232 or	442
1545.13 of the Revised Code;	443

(d) An employee of a conservancy district who is designated	444
pursuant to section 6101.75 of the Revised Code;	445

(e) A special police officer employed by the department of	446
mental health pursuant to section 5119.14 of the Revised Code or	447
the department of mental retardation and developmental	448
disabilities pursuant to section 5123.13 of the Revised Code;	449

(f) An enforcement agent of the department of public safety	450
whom the director of public safety designates under section	451
5502.14 of the Revised Code;	452

(g) A special police officer employed by a port authority	453
under section 4582.04 or 4582.28 of the Revised Code.	454

(3) For purposes of division (B) of this section, a state,	455
county, municipal, or department of natural resources peace	456
officer basic training program, regardless of whether the program	457
is to be completed by peace officers appointed on a permanent or	458
temporary, probationary, or other nonpermanent basis, shall	459
include at least fifteen hours of training in the handling of the	460
offense of domestic violence, other types of domestic	461
violence-related offenses and incidents, and protection orders and	462
consent agreements issued or approved under section 2919.26 or	463
3113.31 of the Revised Code and at least six hours of crisis	464
intervention training. The requirement to complete fifteen hours	465
of training in the handling of the offense of domestic violence,	466
other types of domestic violence-related offenses and incidents,	467
and protection orders and consent agreements issued or approved	468
under section 2919.26 or 3113.31 of the Revised Code does not	469
apply to any person serving as a peace officer on March 27, 1979,	470
and the requirement to complete six hours of training in crisis	471
intervention does not apply to any person serving as a peace	472
officer on April 4, 1985. Any person who is serving as a peace	473
officer on April 4, 1985, who terminates that employment after	474
that date, and who subsequently is hired as a peace officer by the	475
same or another law enforcement agency shall complete the six	476
hours of training in crisis intervention within the time	477
prescribed by rules adopted by the attorney general pursuant to	478
section 109.742 of the Revised Code. No peace officer shall have	479
employment as a peace officer terminated and then be reinstated	480
with intent to circumvent this section.	481

(4) Division (B) of this section does not apply to any	482
person serving on a permanent basis on March 28, 1985, as a park	483
officer, forest officer, preserve officer, wildlife officer, or	484
state watercraft officer of the department of natural resources or	485
as an employee of a park district under section 511.232 or 1545.13	486
of the Revised Code, to any person serving on a permanent basis on	487
March 6, 1986, as an employee of a conservancy district designated	488
pursuant to section 6101.75 of the Revised Code, to any person	489
serving on a permanent basis on January 10, 1991, as a preserve	490
officer of the department of natural resources, to any person	491
employed on a permanent basis on July 2, 1992, as a special police	492
officer by the department of mental health pursuant to section	493
5119.14 of the Revised Code or by the department of mental	494
retardation and developmental disabilities pursuant to section	495
5123.13 of the Revised Code, to any person serving on a permanent	496
basis on the effective date of this amendmentMay17, 2000, as a	497
special police officer employed by a port authority under section	498
4582.04 or 4582.28 of the Revised Code, to any person serving on a	499
permanent basis on June 19, 1978, as a state university law	500
enforcement officer pursuant to section 3345.04 of the Revised	501
Code and who, immediately prior to June 19, 1978, was serving as a	502
special police officer designated under authority of that section,	503
or to any person serving on a permanent basis on September 20,	504
1984, as a liquor control investigator, known after June 30, 1999,	505
as an enforcement agent of the department of public safety,	506
engaged in the enforcement of Chapters 4301. and 4303. of the	507
Revised Code.	508

(5) Division (B) of this section does not apply to any	509
person who is appointed as a regional transit authority police	510
officer pursuant to division (Y) of section 306.35 of the Revised	511
Code if, on or before July 1, 1996, the person has completed	512
satisfactorily an approved state, county, municipal, or department	513
of natural resources peace officer basic training program and has	514
been awarded a certificate by the executive director of the Ohio	515
peace officer training commission attesting to the person's	516
satisfactory completion of such an approved program and if, on	517
July 1, 1996, the person is performing peace officer functions for	518
a regional transit authority.	519

(C) No person, after September 20, 1984, shall receive an	520
original appointment on a permanent basis as an Ohio veterans'	521
home police officer designated under section 5907.02 of the	522
Revised Code unless the person previously has been awarded a	523
certificate by the executive director of the Ohio peace officer	524
training commission attesting to the person's satisfactory	525
completion of an approved police officer basic training program.	526
Every person who is appointed on a temporary basis or for a	527
probationary term or on other than a permanent basis as an Ohio	528
veterans' home police officer designated under section 5907.02 of	529
the Revised Code shall forfeit that position unless the person	530
previously has completed satisfactorily or, within one year from	531
the time of appointment, satisfactorily completes an approved	532
police officer basic training program.	533

(D) No bailiff or deputy bailiff of a court of record of	534
this state and no criminal investigator who is employed by the	535
state public defender shall carry a firearm, as defined in section	536
2923.11 of the Revised Code, while on duty unless the bailiff,	537
deputy bailiff, or criminal investigator has done or received one	538
of the following:	539

(1) Has been awarded a certificate by the executive director	540
of the Ohio peace officer training commission, which certificate	541
attests to satisfactory completion of an approved state, county,	542
or municipal basic training program for bailiffs and deputy	543
bailiffs of courts of record and for criminal investigators	544
employed by the state public defender that has been recommended by	545
the Ohio peace officer training commission;	546

(2) Has successfully completed a firearms training program	547
approved by the Ohio peace officer training commission prior to	548
employment as a bailiff, deputy bailiff, or criminal investigator;	549

(3) Prior to June 6, 1986, was authorized to carry a firearm	550
by the court that employed the bailiff or deputy bailiff or, in	551
the case of a criminal investigator, by the state public defender	552
and has received training in the use of firearms that the Ohio	553
peace officer training commission determines is equivalent to the	554
training that otherwise is required by division (D) of this	555
section.	556

(E)(1) Prior to awarding any certificate prescribed in this	557
section, the executive director of the Ohio peace officer training	558
commission shall request the person to whom the certificate is to	559
be awarded to disclose, and the person shall disclose, any	560
previous criminal conviction of or plea of guilty of that person	561
to a felony.	562

(2) Prior to the award by the executive director of the	563
commission of any certificate prescribed in this section, the	564
prospective employer of the person to whom the certificate is to	565
be awarded or the commander of the peace officer training school	566
attended by that person shall request the bureau of criminal	567
identification and investigation to conduct a criminal history	568
records check on the person. Upon receipt of the request, the	569
bureau promptly shall conduct a criminal history records check on	570
the person and, upon completion of the check, promptly shall	571
provide a copy of the criminal history records check to the	572
prospective employer or peace officer training school commander	573
that made the request. Upon receipt of the copy of the criminal	574
history records check from the bureau, the prospective employer or	575
peace officer training school commander that made the request	576
shall submit the copy to the executive director of the Ohio peace	577
officer training commission. The executive director shall not	578
award any certificate prescribed in this section unless the	579
executive director has received a copy of the criminal history	580
records check on the person to whom the certificate is to be	581
awarded.	582

(3) The executive director of the commission shall not award	583
a certificate prescribed in this section to a person who has been	584
convicted of or has pleaded guilty to a felony or who fails to	585
disclose any previous criminal conviction of or plea of guilty to	586
a felony as required under division (E)(1) of this section.	587

(4) The executive director of the commission shall revoke	588
the certificate awarded to a person as prescribed in this section,	589
and that person shall forfeit all of the benefits derived from	590
being certified as a peace officer under this section, if the	591
person, prior to the award of the certificate, failed to disclose	592
any previous criminal conviction of or plea of guilty to a felony	593
as required under division (E)(1) of this section.	594

(F)(1) Regardless of whether the person has been awarded the	595
certificate or has been classified as a peace officer prior to,	596
on, or after October 16, 1996, the executive director of the Ohio	597
peace officer training commission shall revoke any certificate	598
that has been awarded to a person as prescribed in this section if	599
the person does either of the following:	600

(a) Pleads guilty to a felony committed on or after January	601
1, 1997.	602

(b) Pleads guilty to a misdemeanor committed on or after	603
January 1, 1997, pursuant to a negotiated plea agreement as	604
provided in division (D) of section 2929.292929.43 of the Revised	605
Code in which the person agrees to surrender the certificate	606
awarded to the person under this section.	607

(2) The executive director of the commission shall suspend	608
any certificate that has been awarded to a person as prescribed in	609
this section if the person is convicted, after trial, of a felony	610
committed on or after January 1, 1997. The executive director	611
shall suspend the certificate pursuant to division (F)(2) of this	612
section pending the outcome of an appeal by the person from that	613
conviction to the highest court to which the appeal is taken or	614
until the expiration of the period in which an appeal is required	615
to be filed. If the person files an appeal that results in that	616
person's acquittal of the felony or conviction of a misdemeanor,	617
or in the dismissal of the felony charge against that person, the	618
executive director shall reinstate the certificate awarded to the	619
person under this section. If the person files an appeal from	620
that person's conviction of the felony and the conviction is	621
upheld by the highest court to which the appeal is taken or if the	622
person does not file a timely appeal, the executive director shall	623
revoke the certificate awarded to the person under this section.	624

(G)(1) If a person is awarded a certificate under this	625
section and the certificate is revoked pursuant to division (E)(4)	626
or (F) of this section, the person shall not be eligible to	627
receive, at any time, a certificate attesting to the person's	628
satisfactory completion of a peace officer basic training program.	629

(2) The revocation or suspension of a certificate under	630
division (E)(4) or (F) of this section shall be in accordance with	631
Chapter 119. of the Revised Code.	632

(H)(1) A person who was employed as a peace officer of a	633
county, township, or municipal corporation of the state on January	634
1, 1966, and who has completed at least sixteen years of full-time	635
active service as such a peace officer may receive an original	636
appointment on a permanent basis and serve as a peace officer of a	637
county, township, or municipal corporation, or as a state	638
university law enforcement officer, without complying with the	639
requirements of division (B) of this section.	640

(2) Any person who held an appointment as a state highway	641
trooper on January 1, 1966, may receive an original appointment on	642
a permanent basis and serve as a peace officer of a county,	643
township, or municipal corporation, or as a state university law	644
enforcement officer, without complying with the requirements of	645
division (B) of this section.	646

(I) No person who is appointed as a peace officer of a	647
county, township, or municipal corporation on or after April 9,	648
1985, shall serve as a peace officer of that county, township, or	649
municipal corporation unless the person has received training in	650
the handling of missing children and child abuse and neglect cases	651
from an approved state, county, township, or municipal police	652
officer basic training program or receives the training within the	653
time prescribed by rules adopted by the attorney general pursuant	654
to section 109.741 of the Revised Code.	655

(J) No part of any approved state, county, or municipal	656
basic training program for bailiffs and deputy bailiffs of courts	657
of record and no part of any approved state, county, or municipal	658
basic training program for criminal investigators employed by the	659
state public defender shall be used as credit toward the	660
completion by a peace officer of any part of the approved state,	661
county, or municipal peace officer basic training program that the	662
peace officer is required by this section to complete	663
satisfactorily.	664

(K) This section does not apply to any member of the police	665
department of a municipal corporation in an adjoining state	666
serving in this state under a contract pursuant to section 737.04	667
of the Revised Code.	668

Sec. 120.06.  (A)(1) The state public defender, when	669
designated by the court or requested by a county public defender	670
or joint county public defender, may provide legal representation	671
in all courts throughout the state to indigent adults and	672
juveniles who are charged with the commission of an offense or act	673
for which the penalty or any possible adjudication includes the	674
potential loss of liberty.	675

(2) The state public defender may provide legal	676
representation to any indigent person who, while incarcerated in	677
any state correctional institution, is charged with a felony	678
offense, for which the penalty or any possible adjudication that	679
may be imposed by a court upon conviction includes the potential	680
loss of liberty.	681

(3) The state public defender may provide legal	682
representation to any person incarcerated in any correctional	683
institution of the state, in any matter in which the person	684
asserts the person is unlawfully imprisoned or detained.	685

(4) The state public defender, in any case in which the	686
state public defender has provided legal representation or is	687
requested to do so by a county public defender or joint county	688
public defender, may provide legal representation on appeal.	689

(5) The state public defender, when designated by the court	690
or requested by a county public defender, joint county public	691
defender, or the director of rehabilitation and correction, shall	692
provide legal representation in parole and probation revocation	693
matters or matters relating to the revocation of community control	694
or post-release control under a community control sanction or	695
post-release control sanction, unless the state public defender	696
finds that the alleged parole or probation violator or alleged	697
violator of a community control sanction or post-release control	698
sanction has the financial capacity to retain the alleged	699
violator's own counsel.	700

(6) If the state public defender contracts with a county	701
public defender commission, a joint county public defender	702
commission, or a board of county commissioners for the provision	703
of services, under authority of division (C)(7) of section 120.04	704
of the Revised Code, the state public defender shall provide legal	705
representation in accordance with the contract.	706

(B) The state public defender shall not be required to	707
prosecute any appeal, postconviction remedy, or other proceeding	708
pursuant to division (A)(3), (4), or (5) of this section, unless	709
the state public defender first is satisfied that there is	710
arguable merit to the proceeding.	711

(C) A court may appoint counsel or allow an indigent person	712
to select the indigent's own personal counsel to assist the state	713
public defender as co-counsel when the interests of justice so	714
require. When co-counsel is appointed to assist the state public	715
defender, the co-counsel shall receive any compensation that the	716
court may approve, not to exceed the amounts provided for in	717
section 2941.51 of the Revised Code.	718

(D) When the state public defender is designated by the	719
court or requested by a county public defender or joint county	720
public defender to provide legal representation for an indigent	721
person in any case, other than pursuant to a contract entered into	722
under authority of division (C)(7) of section 120.04 of the	723
Revised Code, the state public defender shall send to the county	724
in which the case is filed an itemized bill for fifty per cent of	725
the actual cost of the representation. The county, upon receipt	726
of an itemized bill from the state public defender pursuant to	727
this division, shall pay fifty per cent of the actual cost of the	728
legal representation as set forth in the itemized bill. There is	729
hereby created in the state treasury the county representation	730
fund for the deposit of moneys received from counties under this	731
division. All moneys credited to the fund shall be used by the	732
state public defender to provide legal representation for indigent	733
persons when designated by the court or requested by a county or	734
joint county public defender.	735

(E)(1) Notwithstanding any contrary provision of sections	736
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	737
that pertains to representation by the attorney general, an	738
assistant attorney general, or special counsel of an officer or	739
employee, as defined in section 109.36 of the Revised Code, or of	740
an entity of state government, the state public defender may elect	741
to contract with, and to have the state pay pursuant to division	742
(E)(2) of this section for the services of, private legal counsel	743
to represent the Ohio public defender commission, the state public	744
defender, assistant state public defenders, other employees of the	745
commission or the state public defender, and attorneys described	746
in division (C) of section 120.41 of the Revised Code in a	747
malpractice or other civil action or proceeding that arises from	748
alleged actions or omissions related to responsibilities derived	749
pursuant to this chapter, or in a civil action that is based upon	750
alleged violations of the constitution or statutes of the United	751
States, including section 1983 of Title 42 of the United States	752
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	753
arises from alleged actions or omissions related to	754
responsibilities derived pursuant to this chapter, if the state	755
public defender determines, in good faith, that the defendant in	756
the civil action or proceeding did not act manifestly outside the	757
scope of the defendant's employment or official responsibilities,	758
with malicious purpose, in bad faith, or in a wanton or reckless	759
manner. If the state public defender elects not to contract	760
pursuant to this division for private legal counsel in a civil	761
action or proceeding, then, in accordance with sections 109.02,	762
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	763
attorney general shall represent or provide for the representation	764
of the Ohio public defender commission, the state public defender,	765
assistant state public defenders, other employees of the	766
commission or the state public defender, or attorneys described in	767
division (C) of section 120.41 of the Revised Code in the civil	768
action or proceeding.	769

(2)(a) Subject to division (E)(2)(b) of this section,	770
payment from the state treasury for the services of private legal	771
counsel with whom the state public defender has contracted	772
pursuant to division (E)(1) of this section shall be accomplished	773
only through the following procedure:	774

(i) The private legal counsel shall file with the attorney	775
general a copy of the contract; a request for an award of legal	776
fees, court costs, and expenses earned or incurred in connection	777
with the defense of the Ohio public defender commission, the state	778
public defender, an assistant state public defender, an employee,	779
or an attorney in a specified civil action or proceeding; a	780
written itemization of those fees, costs, and expenses, including	781
the signature of the state public defender and the state public	782
defender's attestation that the fees, costs, and expenses were	783
earned or incurred pursuant to division (E)(1) of this section to	784
the best of the state public defender's knowledge and information;	785
a written statement whether the fees, costs, and expenses are for	786
all legal services to be rendered in connection with that defense,	787
are only for legal services rendered to the date of the request	788
and additional legal services likely will have to be provided in	789
connection with that defense, or are for the final legal services	790
rendered in connection with that defense; a written statement	791
indicating whether the private legal counsel previously submitted	792
a request for an award under division (E)(2) of this section in	793
connection with that defense and, if so, the date and the amount	794
of each award granted; and, if the fees, costs, and expenses are	795
for all legal services to be rendered in connection with that	796
defense or are for the final legal services rendered in connection	797
with that defense, a certified copy of any judgment entry in the	798
civil action or proceeding or a signed copy of any settlement	799
agreement entered into between the parties to the civil action or	800
proceeding.	801

(ii) Upon receipt of a request for an award of legal fees,	802
court costs, and expenses and the requisite supportive	803
documentation described in division (E)(2)(a)(i) of this section,	804
the attorney general shall review the request and documentation;	805
determine whether any of the limitations specified in division	806
(E)(2)(b) of this section apply to the request; and, if an award	807
of legal fees, court costs, or expenses is permissible after	808
applying the limitations, prepare a document awarding legal fees,	809
court costs, or expenses to the private legal counsel. The	810
document shall name the private legal counsel as the recipient of	811
the award; specify the total amount of the award as determined by	812
the attorney general; itemize the portions of the award that	813
represent legal fees, court costs, and expenses; specify any	814
limitation applied pursuant to division (E)(2)(b) of this section	815
to reduce the amount of the award sought by the private legal	816
counsel; state that the award is payable from the state treasury	817
pursuant to division (E)(2)(a)(iii) of this section; and be	818
approved by the inclusion of the signatures of the attorney	819
general, the state public defender, and the private legal counsel.	820

(iii) The attorney general shall forward a copy of the	821
document prepared pursuant to division (E)(2)(a)(ii) of this	822
section to the director of budget and management. The award of	823
legal fees, court costs, or expenses shall be paid out of the	824
state public defender's appropriations, to the extent there is a	825
sufficient available balance in those appropriations. If the	826
state public defender does not have a sufficient available balance	827
in the state public defender's appropriations to pay the entire	828
award of legal fees, court costs, or expenses, the director shall	829
make application for a transfer of appropriations out of the	830
emergency purposes account or any other appropriation for	831
emergencies or contingencies in an amount equal to the portion of	832
the award that exceeds the sufficient available balance in the	833
state public defender's appropriations. A transfer of	834
appropriations out of the emergency purposes account or any other	835
appropriation for emergencies or contingencies shall be authorized	836
if there are sufficient moneys greater than the sum total of then	837
pending emergency purposes account requests, or requests for	838
releases from the other appropriation. If a transfer of	839
appropriations out of the emergency purposes account or other	840
appropriation for emergencies or contingencies is made to pay an	841
amount equal to the portion of the award that exceeds the	842
sufficient available balance in the state public defender's	843
appropriations, the director shall cause the payment to be made to	844
the private legal counsel. If sufficient moneys do not exist in	845
the emergency purposes account or other appropriation for	846
emergencies or contingencies to pay an amount equal to the portion	847
of the award that exceeds the sufficient available balance in the	848
state public defender's appropriations, the private legal counsel	849
shall request the general assembly to make an appropriation	850
sufficient to pay an amount equal to the portion of the award that	851
exceeds the sufficient available balance in the state public	852
defender's appropriations, and no payment in that amount shall be	853
made until the appropriation has been made. The private legal	854
counsel shall make the request during the current biennium and	855
during each succeeding biennium until a sufficient appropriation	856
is made.	857

(b) An award of legal fees, court costs, and expenses	858
pursuant to division (E) of this section is subject to the	859
following limitations:	860

(i) The maximum award or maximum aggregate of a series of	861
awards of legal fees, court costs, and expenses to the private	862
legal counsel in connection with the defense of the Ohio public	863
defender commission, the state public defender, an assistant state	864
public defender, an employee, or an attorney in a specified civil	865
action or proceeding shall not exceed fifty thousand dollars.	866

(ii) The private legal counsel shall not be awarded legal	867
fees, court costs, or expenses to the extent the fees, costs, or	868
expenses are covered by a policy of malpractice or other	869
insurance.	870

(iii) The private legal counsel shall be awarded legal fees	871
and expenses only to the extent that the fees and expenses are	872
reasonable in light of the legal services rendered by the private	873
legal counsel in connection with the defense of the Ohio public	874
defender commission, the state public defender, an assistant state	875
public defender, an employee, or an attorney in a specified civil	876
action or proceeding.	877

(c) If, pursuant to division (E)(2)(a) of this section, the	878
attorney general denies a request for an award of legal fees,	879
court costs, or expenses to private legal counsel because of the	880
application of a limitation specified in division (E)(2)(b) of	881
this section, the attorney general shall notify the private legal	882
counsel in writing of the denial and of the limitation applied.	883

(d) If, pursuant to division (E)(2)(c) of this section, a	884
private legal counsel receives a denial of an award notification	885
or if a private legal counsel refuses to approve a document under	886
division (E)(2)(a)(ii) of this section because of the proposed	887
application of a limitation specified in division (E)(2)(b) of	888
this section, the private legal counsel may commence a civil	889
action against the attorney general in the court of claims to	890
prove the private legal counsel's entitlement to the award sought,	891
to prove that division (E)(2)(b) of this section does not prohibit	892
or otherwise limit the award sought, and to recover a judgment for	893
the amount of the award sought. A civil action under division	894
(E)(2)(d) of this section shall be commenced no later than two	895
years after receipt of a denial of award notification or, if the	896
private legal counsel refused to approve a document under division	897
(E)(2)(a)(ii) of this section because of the proposed application	898
of a limitation specified in division (E)(2)(b) of this section,	899
no later than two years after the refusal. Any judgment of the	900
court of claims in favor of the private legal counsel shall be	901
paid from the state treasury in accordance with division (E)(2)(a)	902
of this section.	903

(F) If a court appoints the office of the state public	904
defender to represent a petitioner in a postconviction relief	905
proceeding under section 2953.21 of the Revised Code, the	906
petitioner has received a sentence of death, and the proceeding	907
relates to that sentence, all of the attorneys who represent the	908
petitioner in the proceeding pursuant to the appointment, whether	909
an assistant state public defender, the state public defender, or	910
another attorney, shall be certified under Rule 20 of the Rules	911
of Superintendence for the Courts of Ohio to represent indigent	912
defendants charged with or convicted of an offense for which the	913
death penalty can be or has been imposed.	914

(G) As used in this section:

915

(1) "Community control sanction" has the same meaning as in	916
section 2929.01 of the Revised Code.	917

(2) "Post-release control sanction" has the same meaning as	918
in section 2967.01 of the Revised Code.	919

Sec. 120.16.  (A)(1) The county public defender shall	920
provide legal representation to indigent adults and juveniles who	921
are charged with the commission of an offense or act that is a	922
violation of a state statute and for which the penalty or any	923
possible adjudication includes the potential loss of liberty and	924
in postconviction proceedings as defined in this section.	925

(2) The county public defender may provide legal	926
representation to indigent adults and juveniles charged with the	927
violation of an ordinance of a municipal corporation for which the	928
penalty or any possible adjudication includes the potential loss	929
of liberty, if the county public defender commission has	930
contracted with the municipal corporation to provide legal	931
representation for indigent persons charged with a violation of an	932
ordinance of the municipal corporation.	933

(B) The county public defender shall provide the legal	934
representation authorized by division (A) of this section at every	935
stage of the proceedings following arrest, detention, service of	936
summons, or indictment.	937

(C) The county public defender may request the state public	938
defender to prosecute any appeal or other remedy before or after	939
conviction that the county public defender decides is in the	940
interests of justice, and may provide legal representation in	941
parole and probation revocation matters and matters relating to	942
the revocation of community control or post-release control under	943
a community control sanction or post-release control sanction.	944

(D) The county public defender shall not be required to	945
prosecute any appeal, postconviction remedy, or other proceeding,	946
unless the county public defender is first satisfied there is	947
arguable merit to the proceeding.	948

(E) Nothing in this section shall prevent a court from	949
appointing counsel other than the county public defender or from	950
allowing an indigent person to select the indigent person's own	951
personal counsel to represent the indigent person. A court may	952
also appoint counsel or allow an indigent person to select the	953
indigent person's own personal counsel to assist the county public	954
defender as co-counsel when the interests of justice so require.	955

(F) Information as to the right to legal representation by	956
the county public defender or assigned counsel shall be afforded	957
to an accused person immediately upon arrest, when brought before	958
a magistrate, or when formally charged, whichever occurs first.	959

(G) If a court appoints the office of the county public	960
defender to represent a petitioner in a postconviction relief	961
proceeding under section 2953.21 of the Revised Code, the	962
petitioner has received a sentence of death, and the proceeding	963
relates to that sentence, all of the attorneys who represent the	964
petitioner in the proceeding pursuant to the appointment, whether	965
an assistant county public defender or the county public defender,	966
shall be certified under Rule 20 of the Rules of Superintendence	967
for the Courts of Ohio to represent indigent defendants charged	968
with or convicted of an offense for which the death penalty can be	969
or has been imposed.	970

(H) As used in this section:

971

(1) "Community control sanction" has the same meaning as in	972
section 2929.01 of the Revised Code.	973

(2) "Post-release control sanction" has the same meaning as	974
in section 2967.01 of the Revised Code.	975

Sec. 120.26.  (A)(1) The joint county public defender shall	976
provide legal representation to indigent adults and juveniles who	977
are charged with the commission of an offense or act that is a	978
violation of a state statute and for which the penalty or any	979
possible adjudication includes the potential loss of liberty and	980
in postconviction proceedings as defined in this section.	981

(2) The joint county public defender may provide legal	982
representation to indigent adults and juveniles charged with the	983
violation of an ordinance of a municipal corporation for which the	984
penalty or any possible adjudication includes the potential loss	985
of liberty, if the joint county public defender commission has	986
contracted with the municipal corporation to provide legal	987
representation for indigent persons charged with a violation of an	988
ordinance of the municipal corporation.	989

(B) The joint county public defender shall provide the legal	990
representation authorized by division (A) of this section at every	991
stage of the proceedings following arrest, detention, service of	992
summons, or indictment.	993

(C) The joint county public defender may request the Ohio	994
public defender to prosecute any appeal or other remedy before or	995
after conviction that the joint county public defender decides is	996
in the interests of justice and may provide legal representation	997
in parole and probation revocation matters and matters relating to	998
the revocation of community control or post-release control under	999
a community control sanction or post-release control sanction.	1000

(D) The joint county public defender shall not be required	1001
to prosecute any appeal, postconviction remedy, or other	1002
proceeding, unless the joint county public defender is first	1003
satisfied that there is arguable merit to the proceeding.	1004

(E) Nothing in this section shall prevent a court from	1005
appointing counsel other than the joint county public defender or	1006
from allowing an indigent person to select the indigent person's	1007
own personal counsel to represent the indigent person. A court	1008
may also appoint counsel or allow an indigent person to select the	1009
indigent person's own personal counsel to assist the joint county	1010
public defender as co-counsel when the interests of justice so	1011
require.	1012

(F) Information as to the right to legal representation by	1013
the joint county public defender or assigned counsel shall be	1014
afforded to an accused person immediately upon arrest, when	1015
brought before a magistrate, or when formally charged, whichever	1016
occurs first.	1017

(G) If a court appoints the office of the joint county	1018
public defender to represent a petitioner in a postconviction	1019
relief proceeding under section 2953.21 of the Revised Code, the	1020
petitioner has received a sentence of death, and the proceeding	1021
relates to that sentence, all of the attorneys who represent the	1022
petitioner in the proceeding pursuant to the appointment, whether	1023
an assistant joint county defender or the joint county public	1024
defender, shall be certified under Rule 20 of the Rules of	1025
Superintendence for the Courts of Ohio to represent indigent	1026
defendants charged with or convicted of an offense for which the	1027
death penalty can be or has been imposed.	1028

(H) As used in this section:

1029

(1) "Community control sanction" has the same meaning as in	1030
section 2929.01 of the Revised Code.	1031

(2) "Post-release control sanction" has the same meaning as	1032
in section 2967.01 of the Revised Code.	1033

Sec. 149.43.  (A) As used in this section:

1034

(1) "Public record" means records kept by any public	1035
office, including, but not limited to, state, county, city,	1036
village, township, and school district units, and records	1037
pertaining to the delivery of educational services by an	1038
alternative school in Ohio kept by a nonprofit or for profit	1039
entity operating such alternative school pursuant to section	1040
3313.533 of the Revised Code. "Public record" does not mean any of	1041
the following:	1042

(a) Medical records;

1043

(b) Records pertaining to probation and parole proceedings	1044
or to proceedings related to the imposition of community control	1045
sanctions and post-release control sanctions;	1046

(c) Records pertaining to actions under section 2151.85 and	1047
division (C) of section 2919.121 of the Revised Code and to	1048
appeals of actions arising under those sections;	1049

(d) Records pertaining to adoption proceedings, including	1050
the contents of an adoption file maintained by the department of	1051
health under section 3705.12 of the Revised Code;	1052

(e) Information in a record contained in the putative father	1053
registry established by section 3107.062 of the Revised Code,	1054
regardless of whether the information is held by the department of	1055
job and family services or, pursuant to section 3111.69 of the	1056
Revised Code, the office of child support in the department or a	1057
child support enforcement agency;	1058

(f) Records listed in division (A) of section 3107.42 of the	1059
Revised Code or specified in division (A) of section 3107.52 of	1060
the Revised Code;	1061

(g) Trial preparation records;

1062

(h) Confidential law enforcement investigatory records;

1063

(i) Records containing information that is confidential	1064
under section 2317.023 or 4112.05 of the Revised Code;	1065

(j) DNA records stored in the DNA database pursuant to	1066
section 109.573 of the Revised Code;	1067

(k) Inmate records released by the department of	1068
rehabilitation and correction to the department of youth services	1069
or a court of record pursuant to division (E) of section 5120.21	1070
of the Revised Code;	1071

(l) Records maintained by the department of youth services	1072
pertaining to children in its custody released by the department	1073
of youth services to the department of rehabilitation and	1074
correction pursuant to section 5139.05 of the Revised Code;	1075

(m) Intellectual property records;

1076

(n) Donor profile records;

1077

(o) Records maintained by the department of job and family	1078
services pursuant to section 3121.894 of the Revised Code;	1079

(p) Peace officer residential and familial information;

1080

(q) In the case of a county hospital operated pursuant to	1081
Chapter 339. of the Revised Code, information that constitutes a	1082
trade secret, as defined in section 1333.61 of the Revised Code;	1083

(r) Information pertaining to the recreational activities of	1084
a person under the age of eighteen;	1085

(s) Records provided to, statements made by review board	1086
members during meetings of, and all work products of a child	1087
fatality review board acting under sections 307.621 to 307.629 of	1088
the Revised Code, other than the report prepared pursuant to	1089
section 307.626 of the Revised Code;	1090

(t) Records provided to and statements made by the executive	1091
director of a public children services agency or a prosecuting	1092
attorney acting pursuant to section 5153.171 of the Revised Code	1093
other than the information released under that section;	1094

(u) Test materials, examinations, or evaluation tools used	1095
in an examination for licensure as a nursing home administrator	1096
that the board of examiners of nursing home administrators	1097
administers under section 4751.04 of the Revised Code or contracts	1098
under that section with a private or government entity to	1099
administer;	1100

(v) Records the release of which is prohibited by state or	1101
federal law.	1102

(2) "Confidential law enforcement investigatory record"	1103
means any record that pertains to a law enforcement matter of a	1104
criminal, quasi-criminal, civil, or administrative nature, but	1105
only to the extent that the release of the record would create a	1106
high probability of disclosure of any of the following:	1107

(a) The identity of a suspect who has not been charged with	1108
the offense to which the record pertains, or of an information	1109
source or witness to whom confidentiality has been reasonably	1110
promised;	1111

(b) Information provided by an information source or witness	1112
to whom confidentiality has been reasonably promised, which	1113
information would reasonably tend to disclose the source's or	1114
witness's identity;	1115

(c) Specific confidential investigatory techniques or	1116
procedures or specific investigatory work product;	1117

(d) Information that would endanger the life or physical	1118
safety of law enforcement personnel, a crime victim, a witness, or	1119
a confidential information source.	1120

(3) "Medical record" means any document or combination of	1121
documents, except births, deaths, and the fact of admission to or	1122
discharge from a hospital, that pertains to the medical history,	1123
diagnosis, prognosis, or medical condition of a patient and that	1124
is generated and maintained in the process of medical treatment.	1125

(4) "Trial preparation record" means any record that	1126
contains information that is specifically compiled in reasonable	1127
anticipation of, or in defense of, a civil or criminal action or	1128
proceeding, including the independent thought processes and	1129
personal trial preparation of an attorney.	1130

(5) "Intellectual property record" means a record, other	1131
than a financial or administrative record, that is produced or	1132
collected by or for faculty or staff of a state institution of	1133
higher learning in the conduct of or as a result of study or	1134
research on an educational, commercial, scientific, artistic,	1135
technical, or scholarly issue, regardless of whether the study or	1136
research was sponsored by the institution alone or in conjunction	1137
with a governmental body or private concern, and that has not been	1138
publicly released, published, or patented.	1139

(6) "Donor profile record" means all records about donors or	1140
potential donors to a public institution of higher education	1141
except the names and reported addresses of the actual donors and	1142
the date, amount, and conditions of the actual donation.	1143

(7) "Peace officer residential and familial information"	1144
means either of the following:	1145

(a) Any information maintained in a personnel record of a	1146
peace officer that discloses any of the following:	1147

(i) The address of the actual personal residence of a peace	1148
officer, except for the state or political subdivision in which	1149
the peace officer resides;	1150

(ii) Information compiled from referral to or participation	1151
in an employee assistance program;	1152

(iii) The social security number, the residential telephone	1153
number, any bank account, debit card, charge card, or credit card	1154
number, or the emergency telephone number of, or any medical	1155
information pertaining to, a peace officer;	1156

(iv) The name of any beneficiary of employment benefits,	1157
including, but not limited to, life insurance benefits, provided	1158
to a peace officer by the peace officer's employer;	1159

(v) The identity and amount of any charitable or employment	1160
benefit deduction made by the peace officer's employer from the	1161
peace officer's compensation unless the amount of the deduction is	1162
required by state or federal law;	1163

(vi) The name, the residential address, the name of the	1164
employer, the address of the employer, the social security number,	1165
the residential telephone number, any bank account, debit card,	1166
charge card, or credit card number, or the emergency telephone	1167
number of the spouse, a former spouse, or any child of a peace	1168
officer.	1169

(b) Any record that identifies a person's occupation as a	1170
peace officer other than statements required to include the	1171
disclosure of that fact under the campaign finance law.	1172

As used in divisions (A)(7) and (B)(5) of this section,	1173
"peace officer" has the same meaning as in section 109.71 of the	1174
Revised Code and also includes the superintendent and troopers of	1175
the state highway patrol; it does not include the sheriff of a	1176
county or a supervisory employee who, in the absence of the	1177
sheriff, is authorized to stand in for, exercise the authority of,	1178
and perform the duties of the sheriff.	1179

(8) "Information pertaining to the recreational activities	1180
of a person under the age of eighteen" means information that is	1181
kept in the ordinary course of business by a public office, that	1182
pertains to the recreational activities of a person under the age	1183
of eighteen years, and that discloses any of the following:	1184

(a) The address or telephone number of a person under the	1185
age of eighteen or the address or telephone number of that	1186
person's parent, guardian, custodian, or emergency contact person;	1187

(b) The social security number, birth date, or photographic	1188
image of a person under the age of eighteen;	1189

(c) Any medical record, history, or information pertaining	1190
to a person under the age of eighteen;	1191

(d) Any additional information sought or required about a	1192
person under the age of eighteen for the purpose of allowing that	1193
person to participate in any recreational activity conducted or	1194
sponsored by a public office or to use or obtain admission	1195
privileges to any recreational facility owned or operated by a	1196
public office.	1197

(9) "Community control sanction" has the same meaning as in	1198
section 2929.01 of the Revised Code.	1199

(10) "Post-release control sanction" has the same meaning as	1200
in section 2967.01 of the Revised Code.	1201

(B)(1) Subject to division (B)(4) of this section, all	1202
public records shall be promptly prepared and made available for	1203
inspection to any person at all reasonable times during regular	1204
business hours. Subject to division (B)(4) of this section, upon	1205
request, a public office or person responsible for public records	1206
shall make copies available at cost, within a reasonable period of	1207
time. In order to facilitate broader access to public records,	1208
public offices shall maintain public records in a manner that they	1209
can be made available for inspection in accordance with this	1210
division.	1211

(2) If any person chooses to obtain a copy of a public	1212
record in accordance with division (B)(1) of this section, the	1213
public office or person responsible for the public record shall	1214
permit that person to choose to have the public record duplicated	1215
upon paper, upon the same medium upon which the public office or	1216
person responsible for the public record keeps it, or upon any	1217
other medium upon which the public office or person responsible	1218
for the public record determines that it reasonably can be	1219
duplicated as an integral part of the normal operations of the	1220
public office or person responsible for the public record. When	1221
the person seeking the copy makes a choice under this division,	1222
the public office or person responsible for the public record	1223
shall provide a copy of it in accordance with the choice made by	1224
the person seeking the copy.	1225

(3) Upon a request made in accordance with division (B)(1)	1226
of this section, a public office or person responsible for public	1227
records shall transmit a copy of a public record to any person by	1228
United States mail within a reasonable period of time after	1229
receiving the request for the copy. The public office or person	1230
responsible for the public record may require the person making	1231
the request to pay in advance the cost of postage and other	1232
supplies used in the mailing.	1233

Any public office may adopt a policy and procedures that it	1234
will follow in transmitting, within a reasonable period of time	1235
after receiving a request, copies of public records by United	1236
States mail pursuant to this division. A public office that	1237
adopts a policy and procedures under this division shall comply	1238
with them in performing its duties under this division.	1239

In any policy and procedures adopted under this division, a	1240
public office may limit the number of records requested by a	1241
person that the office will transmit by United States mail to ten	1242
per month, unless the person certifies to the office in writing	1243
that the person does not intend to use or forward the requested	1244
records, or the information contained in them, for commercial	1245
purposes. For purposes of this division, "commercial" shall be	1246
narrowly construed and does not include reporting or gathering	1247
news, reporting or gathering information to assist citizen	1248
oversight or understanding of the operation or activities of	1249
government, or nonprofit educational research.	1250

(4) A public office or person responsible for public records	1251
is not required to permit a person who is incarcerated pursuant to	1252
a criminal conviction or a juvenile adjudication to inspect or to	1253
obtain a copy of any public record concerning a criminal	1254
investigation or prosecution or concerning what would be a	1255
criminal investigation or prosecution if the subject of the	1256
investigation or prosecution were an adult, unless the request to	1257
inspect or to obtain a copy of the record is for the purpose of	1258
acquiring information that is subject to release as a public	1259
record under this section and the judge who imposed the sentence	1260
or made the adjudication with respect to the person, or the	1261
judge's successor in office, finds that the information sought in	1262
the public record is necessary to support what appears to be a	1263
justiciable claim of the person.	1264

(5) Upon written request made and signed by a journalist on	1265
or after December 16, 1999, a public office, or person responsible	1266
for public records, having custody of the records of the agency	1267
employing a specified peace officer shall disclose to the	1268
journalist the address of the actual personal residence of the	1269
peace officer and, if the peace officer's spouse, former spouse,	1270
or child is employed by a public office, the name and address of	1271
the employer of the peace officer's spouse, former spouse, or	1272
child. The request shall include the journalist's name and title	1273
and the name and address of the journalist's employer and shall	1274
state that disclosure of the information sought would be in the	1275
public interest.	1276

As used in division (B)(5) of this section, "journalist"	1277
means a person engaged in, connected with, or employed by any news	1278
medium, including a newspaper, magazine, press association, news	1279
agency, or wire service, a radio or television station, or a	1280
similar medium, for the purpose of gathering, processing,	1281
transmitting, compiling, editing, or disseminating information for	1282
the general public.	1283

(C) If a person allegedly is aggrieved by the failure of a	1284
public office to promptly prepare a public record and to make it	1285
available to the person for inspection in accordance with division	1286
(B) of this section, or if a person who has requested a copy of a	1287
public record allegedly is aggrieved by the failure of a public	1288
office or the person responsible for the public record to make a	1289
copy available to the person allegedly aggrieved in accordance	1290
with division (B) of this section, the person allegedly aggrieved	1291
may commence a mandamus action to obtain a judgment that orders	1292
the public office or the person responsible for the public record	1293
to comply with division (B) of this section and that awards	1294
reasonable attorney's fees to the person that instituted the	1295
mandamus action. The mandamus action may be commenced in the	1296
court of common pleas of the county in which division (B) of this	1297
section allegedly was not complied with, in the supreme court	1298
pursuant to its original jurisdiction under Section 2 of Article	1299
IV, Ohio Constitution, or in the court of appeals for the	1300
appellate district in which division (B) of this section allegedly	1301
was not complied with pursuant to its original jurisdiction under	1302
Section 3 of Article IV, Ohio Constitution.	1303

(D) Chapter 1347. of the Revised Code does not limit the	1304
provisions of this section.	1305

(E)(1) The bureau of motor vehicles may adopt rules pursuant	1306
to Chapter 119. of the Revised Code to reasonably limit the number	1307
of bulk commercial special extraction requests made by a person	1308
for the same records or for updated records during a calendar	1309
year. The rules may include provisions for charges to be made for	1310
bulk commercial special extraction requests for the actual cost of	1311
the bureau, plus special extraction costs, plus ten per cent. The	1312
bureau may charge for expenses for redacting information, the	1313
release of which is prohibited by law.	1314

(2) As used in divisions (B)(3) and (E)(1) of this section:

1315

(a) "Actual cost" means the cost of depleted supplies,	1316
records storage media costs, actual mailing and alternative	1317
delivery costs, or other transmitting costs, and any direct	1318
equipment operating and maintenance costs, including actual costs	1319
paid to private contractors for copying services.	1320

(b) "Bulk commercial special extraction request" means a	1321
request for copies of a record for information in a format other	1322
than the format already available, or information that cannot be	1323
extracted without examination of all items in a records series,	1324
class of records, or data base by a person who intends to use or	1325
forward the copies for surveys, marketing, solicitation, or resale	1326
for commercial purposes. "Bulk commercial special extraction	1327
request" does not include a request by a person who gives	1328
assurance to the bureau that the person making the request does	1329
not intend to use or forward the requested copies for surveys,	1330
marketing, solicitation, or resale for commercial purposes.	1331

(c) "Commercial" means profit-seeking production, buying, or	1332
selling of any good, service, or other product.	1333

(d) "Special extraction costs" means the cost of the time	1334
spent by the lowest paid employee competent to perform the task,	1335
the actual amount paid to outside private contractors employed by	1336
the bureau, or the actual cost incurred to create computer	1337
programs to make the special extraction. "Special extraction	1338
costs" include any charges paid to a public agency for computer or	1339
records services.	1340

(3) For purposes of divisions (E)(1) and (2) of this	1341
section, "commercial surveys, marketing, solicitation, or resale"	1342
shall be narrowly construed and does not include reporting or	1343
gathering news, reporting or gathering information to assist	1344
citizen oversight or understanding of the operation or activities	1345
of government, or nonprofit educational research.	1346

Sec. 306.352.  (A) As used in this section, "felony" has the	1347
same meaning as in section 109.511 of the Revised Code.	1348

(B)(1) In the exercise of its authority under division (Y)	1349
of section 306.35 of the Revised Code, a regional transit	1350
authority shall not employ a person as a regional transit	1351
authority police officer on a permanent basis, on a temporary	1352
basis, for a probationary term, or on other than a permanent basis	1353
if the person previously has been convicted of or has pleaded	1354
guilty to a felony.	1355

(2)(a) The transit authority shall terminate the employment	1356
of a person as a regional transit authority police officer if the	1357
person does either of the following:	1358

(i) Pleads guilty to a felony;

1359

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1360
plea agreement as provided in division (D) of section 2929.29	1361
2929.43 of the Revised Code in which the police officer agrees to	1362
surrender the certificate awarded to that police officer under	1363
section 109.77 of the Revised Code.	1364

(b) The transit authority shall suspend from employment a	1365
person designated as a regional transit authority police officer	1366
if that person is convicted, after trial, of a felony. If the	1367
police officer files an appeal from that conviction and the	1368
conviction is upheld by the highest court to which the appeal is	1369
taken or if the police officer does not file a timely appeal, the	1370
transit authority shall terminate the employment of that police	1371
officer. If the police officer files an appeal that results in	1372
the police officer's acquittal of the felony or conviction of a	1373
misdemeanor, or in the dismissal of the felony charge against the	1374
police officer, the transit authority shall reinstate that police	1375
officer. A police officer who is reinstated under division	1376
(B)(2)(b) of this section shall not receive any back pay unless	1377
that officer's conviction of the felony was reversed on appeal, or	1378
the felony charge was dismissed, because the court found	1379
insufficient evidence to convict the police officer of the felony.	1380

(3) Division (B) of this section does not apply regarding an	1381
offense that was committed prior to January 1, 1997.	1382

(4) The suspension from employment, or the termination of	1383
the employment, of a regional transit authority police officer	1384
under division (B)(2) of this section shall be in accordance with	1385
Chapter 119. of the Revised Code.	1386

Sec. 307.93.  (A) The boards of county commissioners of two	1387
or more adjacent counties may contract for the joint establishment	1388
of a multicounty correctional center, and the board of county	1389
commissioners of a county or the boards of two or more counties	1390
may contract with any municipal corporation or municipal	1391
corporations located in that county or those counties for the	1392
joint establishment of a municipal-county or multicounty-municipal	1393
correctional center. The center shall augment county and, where	1394
applicable, municipal jail programs and facilities by providing	1395
custody and rehabilitative programs for those persons under the	1396
charge of the sheriff of any of the contracting counties or of the	1397
officer or officers of the contracting municipal corporation or	1398
municipal corporations having charge of persons incarcerated in	1399
the municipal jail, workhouse, or other correctional facility who,	1400
in the opinion of the sentencing court, need programs of custody	1401
and rehabilitation not available at the county or municipal jail	1402
and by providing custody and rehabilitative programs in accordance	1403
with division (C) of this section, if applicable. The contract	1404
may include, but need not be limited to, provisions regarding the	1405
acquisition, construction, maintenance, repair, termination of	1406
operations, and administration of the center. The contract shall	1407
prescribe the manner of funding of, and debt assumption for, the	1408
center and the standards and procedures to be followed in the	1409
operation of the center. Except as provided in division (H) of	1410
this section, the contracting counties and municipal corporations	1411
shall form a corrections commission to oversee the administration	1412
of the center. Members of the commission shall consist of the	1413
sheriff of each participating county, the president of the board	1414
of county commissioners of each participating county, the	1415
presiding judge of the court of common pleas of each participating	1416
county, or, if the court of common pleas of a participating county	1417
has only one judge, then that judge, the chief of police of each	1418
participating municipal corporation, the mayor or city manager of	1419
each participating municipal corporation, and the presiding judge	1420
or the sole judge of the municipal court of each participating	1421
municipal corporation. Any of the foregoing officers may appoint	1422
a designee to serve in the officer's place on the corrections	1423
commission. The standards and procedures shall be formulated and	1424
agreed to by the commission and may be amended at any time during	1425
the life of the contract by agreement of the parties to the	1426
contract upon the advice of the commission. The standards and	1427
procedures formulated by the commission shall include, but need	1428
not be limited to, designation of the person in charge of the	1429
center, the categories of employees to be employed at the center,	1430
the appointing authority of the center, and the standards of	1431
treatment and security to be maintained at the center. The person	1432
in charge of, and all persons employed to work at, the center	1433
shall have all the powers of police officers that are necessary	1434
for the proper performance of the duties relating to their	1435
positions at the center.	1436

(B) Each board of county commissioners that enters a	1437
contract under division (A) of this section may appoint a building	1438
commission pursuant to section 153.21 of the Revised Code. If any	1439
commissions are appointed, they shall function jointly in the	1440
construction of a multicounty or multicounty-municipal	1441
correctional center with all the powers and duties authorized by	1442
law.	1443

(C) Prior to the acceptance for custody and rehabilitation	1444
into a center established under this section of any persons who	1445
are designated by the department of rehabilitation and correction,	1446
who plead guilty to or are convicted of a felony of the fourth or	1447
fifth degree, and who satisfy the other requirements listed in	1448
section 5120.161 of the Revised Code, the corrections commission	1449
of a center established under this section shall enter into an	1450
agreement with the department of rehabilitation and correction	1451
under section 5120.161 of the Revised Code for the custody and	1452
rehabilitation in the center of persons who are designated by the	1453
department, who plead guilty to or are convicted of a felony of	1454
the fourth or fifth degree, and who satisfy the other requirements	1455
listed in that section, in exchange for a per diem fee per person.	1456
Persons incarcerated in the center pursuant to an agreement	1457
entered into under this division shall be subject to supervision	1458
and control in the manner described in section 5120.161 of the	1459
Revised Code. This division does not affect the authority of a	1460
court to directly sentence a person who is convicted of or pleads	1461
guilty to a felony to the center in accordance with section	1462
2929.16 of the Revised Code.	1463

(D)(1) EachPursuant to section 2929.29 of the Revised Code,	1464
each board of county commissioners and the legislative authority	1465
of each municipal corporation that enters into a contract under	1466
division (A) of this section may require a person who was	1467
convicted of an offense, who is under the charge of the sheriff of	1468
their county or of the officer or officers of the contracting	1469
municipal corporation or municipal corporations having charge of	1470
persons incarcerated in the municipal jail, workhouse, or other	1471
correctional facility, and who is confined in the multicounty,	1472
municipal-county, or multicounty-municipal correctional center as	1473
provided in that division, to reimburse the applicable county or	1474
municipal corporation for its expenses incurred by reason of the	1475
person's confinement in the center. The expenses of confinement	1476
include, but are not limited to, the expenses relating to the	1477
provision of food, clothing, shelter, medical care, personal	1478
hygiene products, including, but not limited to, toothpaste,	1479
toothbrushes, and feminine hygiene items, and up to two hours of	1480
overtime costs the sheriff or municipal corporation incurred	1481
relating to the trial of the person. The amount of reimbursement	1482
may be the actual cost of the person's confinement plus the	1483
authorized trial overtime costs or a lesser amount determined by	1484
the board of county commissioners of the county or the legislative	1485
authority of the municipal corporation, provided that the lesser	1486
amount shall be determined by a formula that is uniformly applied	1487
to persons incarcerated in the center. The amount of	1488
reimbursement shall be determined by a court at a hearing held	1489
pursuant to section 2929.18 of the Revised Code if the person is	1490
confined for a felony or section 2929.223 of the Revised Code if	1491
the person is confined for a misdemeanor. The amount or amounts	1492
paid in reimbursement by a person confined for a misdemeanor or	1493
the amount recovered from a person confined for a misdemeanor by	1494
executing upon the judgment obtained pursuant to section 2929.223	1495
of the Revised Code shall be paid into the treasury of the county	1496
or municipal corporation that incurred the expenses. If a person	1497
is confined for a felony and the court imposes a sanction under	1498
section 2929.18 of the Revised Code that requires the person to	1499
reimburse the costs of confinement, the prosecuting attorney of	1500
the county or the director of law of the municipal corporation	1501
shall bring an action to recover the expenses of the confinement	1502
in accordance with section 2929.18 of the Revised Code.	1503

(2) Each board of county commissioners and the legislative	1504
authority of each municipal corporation that enters into a	1505
contract under division (A) of this section may adopt a resolution	1506
or ordinance specifying that a person who was convicted of a	1507
felony, who is under the charge of the sheriff of their county or	1508
of an officer of one of the contracting municipal corporations	1509
having charge of persons incarcerated in the municipal jail,	1510
workhouse, or other facility, and who is confined in the	1511
multicounty, municipal-county, or multicounty-municipal	1512
correctional center as provided in that division is not required	1513
to reimburse the applicable county or municipal corporation for	1514
its expenses incurred by reason of the person's confinement in the	1515
center, including the expenses listed in division (D)(1) of this	1516
section. If the boards and legislative authorities adopt a	1517
resolution or ordinance of that nature, the boards and legislative	1518
authorities shall provide a copy to the courts of common pleas of	1519
their counties, and the court that sentences a person convicted of	1520
a felony shall not impose a sanction under section 2929.18 of the	1521
Revised Code that requires the person to reimburse the costs of	1522
the confinement.	1523

(E) In lieu of requiring offenders to reimburse the county	1524
for expenses incurred by reason of the person's confinement under	1525
division (D) of this section, each board of county commissioners	1526
and the legislative authority of each municipal corporation that	1527
enters into a contract under division (A) of this section may	1528
jointly adopt a prisoner reimbursement policy for the center	1529
pursuant to this section to be administered by the person	1530
appointed under division (A) of this section to be in charge of	1531
the center. The person in charge may appoint a reimbursement	1532
coordinator to administer the center's prisoner reimbursement	1533
policy. A prisoner reimbursement policy adopted under this	1534
division is a policy that requires a person confined to the center	1535
to reimburse the applicable political subdivisions for any	1536
expenses incurred by reason of the person's confinement in the	1537
center, which expenses may include, but are not limited to, the	1538
following:	1539

(1) A per diem fee for room and board of not more than sixty	1540
dollars per day or the actual per diem cost, whichever is less,	1541
for the entire period of time the person is confined to the	1542
center;	1543

(2) Actual charges for medical and dental treatment, and the	1544
fee for a random drug test assessed under division (E) of section	1545
341.26 of the Revised Code;	1546

(3) Reimbursement for government property damaged by the	1547
person while confined to the center.	1548

Rates charged shall be on a sliding scale determined by the	1549
corrections commission based on the ability of the person confined	1550
to the center to pay and on consideration of any legal obligation	1551
of the person to support a spouse, minor children, or other	1552
dependents and any moral obligation to support dependents to whom	1553
the person is providing or has in fact provided support.	1554

The reimbursement coordinator or another person designated by	1555
the person in charge may investigate the financial status of the	1556
confined person and obtain information necessary to investigate	1557
that status, by means that may include contacting employers and	1558
reviewing income tax records. The coordinator may work with the	1559
confined person to create a repayment plan to be implemented upon	1560
the person's release. At the end of that person's incarceration,	1561
the person shall be presented with a billing statement.	1562

The reimbursement coordinator or another person designated by	1563
the person in charge of the center may collect, or the corrections	1564
commission may enter into a contract with one or more public	1565
agencies or private vendors to collect, any amounts remaining	1566
unpaid. Within twelve months after the date of the confined	1567
person's release, the prosecuting attorney, city director of law,	1568
or village solicitor of a participating political subdivision may	1569
file a civil action to seek reimbursement from that person for any	1570
billing amount that remains unpaid. The participating political	1571
subdivisions shall not enforce any judgment obtained under this	1572
section by means of execution against the person's homestead. For	1573
purposes of this section, "homestead" has the same meaning as in	1574
division (A) of section 323.151 of the Revised Code. Any	1575
reimbursement received under this section shall be credited to the	1576
general fund of the political subdivision that bore the expense,	1577
to be used for general fund purposes.	1578

(F)(1) Notwithstanding any contrary provision in this	1579
section or section 2929.18 or 2929.223 of the Revised Code, the	1580
corrections commission of a center may establish a policy that	1581
requires any person who is not indigent and who is confined in the	1582
multicounty, municipal-county, or multicounty-municipal	1583
correctional center to pay a reasonable fee for any medical	1584
treatment or service requested by and provided to that person or	1585
to pay the fee for a random drug test assessed under division (E)	1586
of section 341.26 of the Revised Code. The fee for the medical	1587
treatment or service shall not exceed the actual cost of the	1588
treatment or service provided. No person confined to a	1589
multicounty, municipal-county, or multicounty-municipal	1590
correctional center who is indigent shall be required to pay those	1591
fees, and no person who is confined to a correctional center of	1592
that type shall be denied any necessary medical care because of	1593
inability to pay those fees.	1594

Upon provision of the requested medical treatment or service	1595
or assessment of a fee for a random drug test, payment of the	1596
required fee may be automatically deducted from a person's account	1597
record in the center's business office. If the person has no	1598
funds in the person's account, a deduction may be made at a later	1599
date during the person's confinement in the center if funds later	1600
become available in the person's account. If the person is	1601
released from the center and has an unpaid balance of these fees,	1602
the corrections commission may bill the person for payment of the	1603
remaining unpaid fees. Fees received for medical treatment or	1604
services shall be paid into the commissary fund, if one has been	1605
created for the center, or if no such fund exists, into the	1606
treasuries of the political subdivisions that incurred the	1607
expenses of those treatments and services, in the same proportion	1608
as those expenses were borne by those political subdivisions.	1609

(2) If a person confined to a multicounty, municipal-county,	1610
or multicounty-municipal correctional center is required under	1611
division (D) or (E) of this section or section 2929.18 or 2929.223	1612
of the Revised Code to reimburse a county or municipal corporation	1613
for expenses incurred by reason of the person's confinement to the	1614
center, any fees paid by the person under division (F)(1) of this	1615
section shall be deducted from the expenses required to be	1616
reimbursed under division (D) or (E) of this section or section	1617
2929.18 or 2929.223 of the Revised Code.	1618

(G)(1) The corrections commission of a center established	1619
under this section may establish a commissary for the center. The	1620
commissary may be established either in-house or by another	1621
arrangement. If a commissary is established, all persons	1622
incarcerated in the center shall receive commissary privileges. A	1623
person's purchases from the commissary shall be deducted from the	1624
person's account record in the center's business office. The	1625
commissary shall provide for the distribution to indigent persons	1626
incarcerated in the center of necessary hygiene articles and	1627
writing materials.	1628

(2) If a commissary is established, the corrections	1629
commission of a center established under this section shall	1630
establish a commissary fund for the center. The management of	1631
funds in the commissary fund shall be strictly controlled in	1632
accordance with procedures adopted by the auditor of state.	1633
Commissary fund revenue over and above operating costs and reserve	1634
shall be considered profits. All profits from the commissary fund	1635
shall be used to purchase supplies and equipment for the benefit	1636
of persons incarcerated in the center. The corrections commission	1637
shall adopt rules and regulations for the operation of any	1638
commissary fund it establishes.	1639

(H)(E) In lieu of forming a corrections commission to	1640
administer a multicounty correctional center or a municipal-county	1641
or multicounty-municipal correctional center, the boards of county	1642
commissioners and the legislative authorities of the municipal	1643
corporations contracting to establish the center may also agree to	1644
contract for the private operation and management of the center as	1645
provided in section 9.06 of the Revised Code, but only if the	1646
center houses only misdemeanant inmates. In order to enter into a	1647
contract under section 9.06 of the Revised Code, all the boards	1648
and legislative authorities establishing the center shall approve	1649
and be parties to the contract.	1650

(I)(F) If a person who is convicted of or pleads guilty to	1651
an offense is sentenced to a term in a multicounty correctional	1652
center or a municipal-county or multicounty-municipal correctional	1653
center or is incarcerated in the center in the manner described in	1654
division (C) of this section, or if a person who is arrested for	1655
an offense, and who has been denied bail or has had bail set and	1656
has not been released on bail is confined in a multicounty	1657
correctional center or a municipal-county or multicounty-municipal	1658
correctional center pending trial, at the time of reception and at	1659
other times the officer, officers, or other person in charge of	1660
the operation of the center determines to be appropriate, the	1661
officer, officers, or other person in charge of the operation of	1662
the center may cause the convicted or accused offender to be	1663
examined and tested for tuberculosis, HIV infection, hepatitis,	1664
including but not limited to hepatitis A, B, and C, and other	1665
contagious diseases. The officer, officers, or other person in	1666
charge of the operation of the center may cause a convicted or	1667
accused offender in the center who refuses to be tested or treated	1668
for tuberculosis, HIV infection, hepatitis, including but not	1669
limited to hepatitis A, B, and C, or another contagious disease to	1670
be tested and treated involuntarily.	1671

(J)(G) As used in this section, "multicounty-municipal"	1672
means more than one county and a municipal corporation, or more	1673
than one municipal corporation and a county, or more than one	1674
municipal corporation and more than one county.	1675

Sec. 311.04.  (A) As used in this section, "felony" has the	1676
same meaning as in section 109.511 of the Revised Code.	1677

(B)(1) Subject to division (C) of this section, the sheriff	1678
may appoint, in writing, one or more deputies. At the time of the	1679
appointment, the sheriff shall file the writing upon which the	1680
appointment is made with the clerk of the court of common pleas,	1681
and the clerk of the court shall enter it upon the journal of the	1682
court. The sheriff shall pay the clerk's fees for the filing and	1683
journal entry of the writing. In cases of emergency, the sheriff	1684
may request of the sheriff of another county the aid of qualified	1685
deputies serving in those other counties of the state, and, if the	1686
consent of the sheriff of that other county is received, the	1687
deputies while so assigned shall be considered to be the deputies	1688
of the sheriff of the county requesting aid. No judge of a county	1689
court or mayor shall be appointed a deputy.	1690

(2) Notwithstanding section 2335.33 of the Revised Code, the	1691
sheriff shall retain the fee charged pursuant to division (B) of	1692
section 311.37 of the Revised Code for the purpose of training	1693
deputies appointed pursuant to this section.	1694

(C)(1) The sheriff shall not appoint a person as a deputy	1695
sheriff pursuant to division (B)(1) of this section on a permanent	1696
basis, on a temporary basis, for a probationary term, or on other	1697
than a permanent basis if the person previously has been convicted	1698
of or has pleaded guilty to a felony.	1699

(2)(a) The sheriff shall terminate the employment of a	1700
deputy sheriff appointed under division (B)(1) of this section if	1701
the deputy sheriff does either of the following:	1702

(i) Pleads guilty to a felony;

1703

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1704
plea agreement as provided in division (D) of section 2929.29	1705
2929.43 of the Revised Code in which the deputy sheriff agrees to	1706
surrender the certificate awarded to the deputy sheriff under	1707
section 109.77 of the Revised Code.	1708

(b) The sheriff shall suspend from employment any deputy	1709
sheriff appointed under division (B)(1) of this section if the	1710
deputy sheriff is convicted, after trial, of a felony. If the	1711
deputy sheriff files an appeal from that conviction and the	1712
conviction is upheld by the highest court to which the appeal is	1713
taken or if the deputy sheriff does not file a timely appeal, the	1714
sheriff shall terminate the employment of that deputy sheriff. If	1715
the deputy sheriff files an appeal that results in that deputy	1716
sheriff's acquittal of the felony or conviction of a misdemeanor,	1717
or in the dismissal of the felony charge against the deputy	1718
sheriff, the sheriff shall reinstate that deputy sheriff. A	1719
deputy sheriff who is reinstated under division (C)(2)(b) of this	1720
section shall not receive any back pay unless that deputy	1721
sheriff's conviction of the felony was reversed on appeal, or the	1722
felony charge was dismissed, because the court found insufficient	1723
evidence to convict the deputy sheriff of the felony.	1724

(3) Division (C) of this section does not apply regarding an	1725
offense that was committed prior to January 1, 1997.	1726

(4) The suspension from employment, or the termination of	1727
the employment, of a deputy sheriff under division (C)(2) of this	1728
section shall be in accordance with Chapter 119. of the Revised	1729
Code.	1730

Sec. 321.44.  (A)(1) A county probation services fund shall	1731
be established in the county treasury of each county. The fund a	1732
county establishes under this division shall contain all moneys	1733
paid to the treasurer of the county under section 2951.021 of the	1734
Revised Code for deposit into the fund. The moneys paid into the	1735
fund shall be deposited by the treasurer of the county into the	1736
appropriate account established under divisions (A)(1)(a) to (d)	1737
of this section. Separate accounts shall be maintained in	1738
accordance with the following criteria in the fund a county	1739
establishes under this division:	1740

(a) If a county department of probation is established in	1741
the county, a separate account shall be maintained in the fund for	1742
the county department of probation.	1743

(b) If the judges of the court of common pleas of the county	1744
have affiliated with the judges of the court of common pleas of	1745
one or more other counties and have established a multicounty	1746
department of probation, a separate account shall be maintained in	1747
the fund for the multicounty department of probation.	1748

(c) If a department of probation is established in a	1749
county-operated municipal court that has jurisdiction within the	1750
county, a separate account shall be maintained in the fund for the	1751
municipal court department of probation.	1752

(d) If a county department of probation has not been	1753
established in the county and if the court of common pleas of the	1754
county, pursuant to section 2301.32 of the Revised Code, has	1755
entered into an agreement with the adult parole authority under	1756
which the court may place defendants on probationunder a	1757
community control sanction in charge of the authority, a separate	1758
account shall be maintained in the fund for the adult parole	1759
authority.	1760

(2) For any county, if a county department of probation is	1761
established in the county or if a department of probation is	1762
established in a county-operated municipal court that has	1763
jurisdiction within the county, the board of county commissioners	1764
of the county shall appropriate to the county department of	1765
probation or municipal court department of probation all money	1766
that is contained in the department's account in the county	1767
probation services fund established in the county for use only for	1768
specialized staff, purchase of equipment, purchase of services,	1769
reconciliation programs for offenders and victims, other treatment	1770
programs, including alcohol and drug addiction programs certified	1771
under section 3793.06 of the Revised Code, determined to be	1772
appropriate by the chief probation officer of the department of	1773
probation, and other similar probation-related expenses related to	1774
placing offenders under a community control sanction.	1775

For any county, if the judges of the court of common pleas of	1776
the county have affiliated with the judges of the court of common	1777
pleas of one or more other counties and have established a	1778
multicounty department of probation to serve the counties, the	1779
board of county commissioners of the county shall appropriate and	1780
the county treasurer shall transfer to the multicounty probation	1781
services fund established for the multicounty department of	1782
probation under division (B) of this section all money that is	1783
contained in the multicounty department of probation account in	1784
the county probation services fund established in the county for	1785
use in accordance with that division.	1786

For any county, if a county department of probation has not	1787
been established in the county and if the court of common pleas of	1788
the county, pursuant to section 2301.32 of the Revised Code, has	1789
entered into an agreement with the adult parole authority under	1790
which the court may place defendants on probationunder a	1791
community control sanction in charge of the authority, the board	1792
of county commissioners of the county shall appropriate and the	1793
county treasurer shall transfer to the adult parole authority	1794
probation services fund established under section 5149.06 of the	1795
Revised Code all money that is contained in the adult parole	1796
authority account in the county probation services fund	1797
established in the county for use in accordance with section	1798
5149.06 of the Revised Code.	1799

(B) If the judges of the courts of common pleas of two or	1800
more counties have established a multicounty department of	1801
probation, a multicounty probation services fund shall be	1802
established in the county treasury of the county whose treasurer,	1803
in accordance with section 2301.27 of the Revised Code, is	1804
designated by the judges of the courts of common pleas as the	1805
treasurer to whom monthly supervision fees are to be appropriated	1806
and transferred under division (A)(2) of this section for deposit	1807
into the fund. The fund shall contain all moneys that are paid to	1808
the treasurer of any member county under section 2951.021 of the	1809
Revised Code for deposit into the county's probation services fund	1810
and that subsequently are appropriated and transferred to the	1811
multicounty probation services fund under division (A)(2) of this	1812
section. The board of county commissioners of the county in which	1813
the multicounty probation services fund is established shall	1814
appropriate the money contained in that fund to the multicounty	1815
department of probation, for use only for specialized staff,	1816
purchase of equipment, purchase of services, reconciliation	1817
programs for offenders and victims, other treatment programs,	1818
including alcohol and drug addiction programs certified under	1819
section 3793.06 of the Revised Code, determined to be appropriate	1820
by the chief probation officer, and for other similar	1821
probation-related expenses related to placing offenders under a	1822
community control sanction.	1823

(C) Any money in a county or multicounty probation services	1824
fund at the end of a fiscal year shall not revert to the general	1825
fund of the county but shall be retained in the fund.	1826

(D) As used in this section:

1827

(1) "County-operated municipal court" has the same meaning as	1828
in section 1901.03 of the Revised Code.	1829

(2) "Multicounty department of probation" means a probation	1830
department established under section 2301.27 of the Revised Code	1831
to serve more than one county.	1832

(3)"Community control sanction" has the same meaning as in	1833
section 2929.01 of the Revised Code.	1834

Sec. 341.14.  (A) The sheriff of an adjoining county shall	1835
not receive prisoners as provided by section 341.12 of the Revised	1836
Code unless there is deposited weekly with the sheriff an amount	1837
equal to the actual cost of keeping and feeding each prisoner so	1838
committed for the use of the jail of that county, and the same	1839
amount for a period of time less than one week. If a prisoner is	1840
discharged before the expiration of the term for which the	1841
prisoner was committed, the excess of the amount advanced shall be	1842
refunded.	1843

(B)(1) ThePursuant to section 2929.29 of the Revised Code,	1844
the board of county commissioners of the county that receives	1845
pursuant to section 341.12 of the Revised Code for confinement in	1846
its jail, a prisoner who was convicted of an offense, may require	1847
the prisoner to reimburse the county for its expenses incurred by	1848
reason of the prisoner's confinement, including, but not limited	1849
to, the expenses relating to the provision of food, clothing,	1850
shelter, medical care, person hygiene products, including, but not	1851
limited to, toothpaste, toothbrushes, and feminine hygiene items,	1852
and up to two hours of overtime costs the sheriff or municipal	1853
corporation incurred relating to the trial of the person. The	1854
amount of reimbursement may be the actual cost of the prisoner's	1855
confinement plus the authorized trial overtime costs or a lesser	1856
amount determined by the board of county commissioners of the	1857
county, provided that the lesser amount shall be determined by a	1858
formula that is uniformly applied to persons incarcerated in the	1859
jail. The amount of reimbursement shall be determined by a court	1860
at a hearing held pursuant to section 2929.18 of the Revised Code	1861
if the prisoner is confined for a felony or section 2929.223 of	1862
the Revised Code if the prisoner is confined for a misdemeanor.	1863
The amount or amounts paid in reimbursement by a prisoner confined	1864
for a misdemeanor or the amount recovered from a prisoner confined	1865
for a misdemeanor by executing upon the judgment obtained pursuant	1866
to section 2929.223 of the Revised Code shall be paid into the	1867
county treasury. If a prisoner is confined for a felony and the	1868
court imposes a sanction under section 2929.18 of the Revised Code	1869
that requires the prisoner to reimburse the costs of confinement,	1870
the prosecuting attorney shall bring an action to recover the	1871
expenses of confinement in accordance with section 2929.18 of the	1872
Revised Code.	1873

(2) The board of county commissioners of the county that	1874
receives, pursuant to section 341.12 of the Revised Code for	1875
confinement in its jail a prisoner who was convicted of a felony	1876
may adopt a resolution specifying that prisoners convicted of	1877
felonies are not required to reimburse the county for its expenses	1878
incurred by reason of the prisoner's confinement, including the	1879
expenses listed in division (B)(1) of this section. If the board	1880
adopts a resolution of that nature, the board shall provide a copy	1881
to the court of common pleas of the county, and the court that	1882
sentences a person convicted of a felony shall not impose a	1883
sanction under section 2929.18 of the Revised Code that requires	1884
the person to reimburse the costs of the confinement.	1885

(C) Divisions (A) and (B) of section 341.06 of the Revised	1886
Code apply regarding a prisoner confined in a jail as described in	1887
division (B) of this section.	1888

(D) If a county receives pursuant to section 341.12 of the	1889
Revised Code for confinement in its jail a person who has been	1890
convicted of or pleaded guilty to an offense and has been	1891
sentenced to a term in a jail or a person who has been arrested	1892
for an offense, who has been denied bail or has had bail set and	1893
has not been released on bail, and who is confined in jail pending	1894
trial, at the time of reception and at other times the sheriff or	1895
other person in charge of the operation of the jail determines to	1896
be appropriate, the sheriff or other person in charge of the	1897
operation of the jail may cause the convicted or accused offender	1898
to be examined and tested for tuberculosis, HIV infection,	1899
hepatitis, including but not limited to hepatitis A, B, and C, and	1900
other contagious diseases. The sheriff or other person in charge	1901
of the operation of the jail may cause a convicted or accused	1902
offender in the jail who refuses to be tested or treated for	1903
tuberculosis, HIV infection, hepatitis, including but not limited	1904
to hepatitis A, B, and C, or another contagious disease to be	1905
tested and treated involuntarily.	1906

Sec. 341.19.  (A)(1) ThePursuant to section 2929.29 of the	1907
Revised Code, the board of county commissioners may require a	1908
person who was convicted of an offense and who is confined in the	1909
county jail to reimburse the county for its expenses incurred by	1910
reason of the person's confinement, including, but not limited to,	1911
the expenses relating to the provision of food, clothing, shelter,	1912
medical care, personal hygiene products, including, but not	1913
limited to, toothpaste, toothbrushes, and feminine hygiene items,	1914
and up to two hours of overtime costs the sheriff or municipal	1915
corporation incurred relating to the trial of the person. The	1916
amount of reimbursement may be the actual cost of the prisoner's	1917
confinement plus the authorized trial overtime costs or a lesser	1918
amount determined by the board of county commissioners of the	1919
county, provided that the lesser amount shall be determined by a	1920
formula that is uniformly applied to persons incarcerated in the	1921
jail. The amount of reimbursement shall be determined by a court	1922
at a hearing held pursuant to section 2929.18 of the Revised Code	1923
if the person is confined for a felony or section 2929.223 of the	1924
Revised Code if the person is confined for a misdemeanor. The	1925
amount or amounts paid in reimbursement by a person confined for a	1926
misdemeanor or the amount recovered from a person confined for a	1927
misdemeanor by executing upon the judgment obtained pursuant to	1928
section 2929.223 of the Revised Code shall be paid into the county	1929
treasury. If a person is confined for a felony and the court	1930
imposes a sanction under section 2929.18 of the Revised Code that	1931
requires the person to reimburse the costs of confinement, the	1932
prosecuting attorney shall bring an action to recover the expenses	1933
of confinement in accordance with section 2929.18 of the Revised	1934
Code.	1935

(2) The board of county commissioners may adopt a resolution	1936
specifying that a person who is convicted of a felony and who is	1937
confined in the county jail is not required to reimburse the	1938
county for its expenses incurred by reason of the person's	1939
confinement, including the expenses listed in division (A)(1) of	1940
this section. If the board adopts a resolution of that nature,	1941
the board shall provide a copy to the court of common pleas of the	1942
county, and the court that sentences a person convicted of a	1943
felony shall not impose a sanction under section 2929.18 of the	1944
Revised Code that requires the person to reimburse the costs of	1945
the confinement.	1946

(B) Divisions (A) and (B) of section 341.06 of the Revised	1947
Code apply regarding a prisoner confined in a jail as described in	1948
division (A) of this section.	1949

(C) If a person who is convicted of or pleads guilty to an	1950
offense is sentenced to a term in a jail, or if a person who has	1951
been arrested for an offense, and who has been denied bail or has	1952
had bail set and has not been released on bail is confined in jail	1953
pending trial, at the time of reception and at other times the	1954
sheriff or other person in charge of the operation of the jail	1955
determines to be appropriate, the sheriff or other person in	1956
charge of the operation of the jail may cause the convicted or	1957
accused offender to be examined and tested for tuberculosis, HIV	1958
infection, hepatitis, including but not limited to hepatitis A, B,	1959
and C, and other contagious diseases. The sheriff or other person	1960
in charge of the operation of the jail may cause a convicted or	1961
accused offender in the jail who refuses to be tested or treated	1962
for tuberculosis, HIV infection, hepatitis, including but not	1963
limited to hepatitis A, B, and C, or another contagious disease to	1964
be tested and treated involuntarily.	1965

Sec. 341.21.  (A) The board of county commissioners may	1966
direct the sheriff to receive into custody prisoners charged with	1967
or convicted of crime by the United States, and to keep those	1968
prisoners until discharged.	1969

The board of the county in which prisoners charged with or	1970
convicted of crime by the United States may be so committed may	1971
negotiate and conclude any contracts with the United States for	1972
the use of the jail as provided by this section and as the board	1973
sees fit.	1974

A prisoner so committed shall be supported at the expense of	1975
the United States during the prisoner's confinement in the county	1976
jail. No greater compensation shall be charged by a sheriff for	1977
the subsistence of that type of prisoner than is provided by	1978
section 311.20 of the Revised Code to be charged for the	1979
subsistence of state prisoners.	1980

A sheriff or jailer who neglects or refuses to perform the	1981
services and duties directed by the board by reason of this	1982
division, shall be liable to the same penalties, forfeitures, and	1983
actions as if the prisoner had been committed under the authority	1984
of this state.	1985

(B) Prior to the acceptance for housing into the county jail	1986
of persons who are designated by the department of rehabilitation	1987
and correction, who plead guilty to or are convicted of a felony	1988
of the fourth or fifth degree, and who satisfy the other	1989
requirements listed in section 5120.161 of the Revised Code, the	1990
board of county commissioners shall enter into an agreement with	1991
the department of rehabilitation and correction under section	1992
5120.161 of the Revised Code for the housing in the county jail of	1993
persons designated by the department who plead guilty to or are	1994
convicted of a felony of the fourth or fifth degree and who	1995
satisfy the other requirements listed in that section in exchange	1996
for a per diem fee per person. Persons incarcerated in the county	1997
jail pursuant to an agreement entered into under this division	1998
shall be subject to supervision and control in the manner	1999
described in section 5120.161 of the Revised Code. This division	2000
does not affect the authority of a court to directly sentence a	2001
person who is convicted of or pleads guilty to a felony to the	2002
county jail in accordance with section 2929.16 of the Revised	2003
Code.	2004

(C)(1) Notwithstanding any contrary provision inPursuant to	2005
section 2929.29 of the Revised Code, the board of county	2006
commissioners may establish a policy that requires any person who	2007
is not indigent and who is confined in the jail under division (B)	2008
of this section to pay a reasonable fee for any medical treatment	2009
or service requested by and provided to that person or to pay the	2010
fee for a random drug test assessed under division (E) of section	2011
341.26 of the Revised Code. The fee for the medical treatment or	2012
service shall not exceed the actual cost of the treatment or	2013
service requested by and provided to that person. No person	2014
confined to the jail who is indigent shall be required to pay	2015
those fees, and no person confined to the jail shall be denied any	2016
necessary medical care because of inability to pay those fees.	2017

Upon provision of the requested medical treatment or service	2018
or assessment of a fee for a random drug test, payment of the	2019
required fee may be automatically deducted from a person's account	2020
record in the jail's business office. If the person has no funds	2021
in the person's account, a deduction may be made at a later date	2022
during the person's confinement in the jail if funds later become	2023
available in the person's account. If the person is released from	2024
the jail and has an unpaid balance of these fees, the board of	2025
county commissioners may bill the person for payment of the	2026
remaining unpaid fees. Fees received for medical treatment or	2027
services shall be paid into the commissary fund, if one has been	2028
established for the jail or if no such fund exists, into the	2029
county treasury.	2030

(2) If a person confined to the jail is required under	2031
section 341.06, 2929.18, or 2929.223 of the Revised Code to	2032
reimburse the county for expenses incurred by reason of the	2033
person's confinement to the jail, any fees paid by the person	2034
under division (C)(1) of this section shall be deducted from the	2035
expenses required to be reimbursed under section 341.06, 2929.18,	2036
or 2929.223 of the Revised Code.	2037

(D) If a sheriff receives into custody a prisoner convicted	2038
of crime by the United States as described in division (A) of this	2039
section, if a person who has been convicted of or pleaded guilty	2040
to an offense is incarcerated in the jail in the manner described	2041
in division (B) of this section, if a sheriff receives into	2042
custody a prisoner charged with a crime by the United States and	2043
the prisoner has had bail denied or has had bail set, has not been	2044
released on bail, and is confined in jail pending trial, or if a	2045
person who has been arrested for an offense, and who has been	2046
denied bail or has had bail set and has not been released on bail	2047
is confined in jail pending trial, at the time of reception and at	2048
other times the sheriff or other person in charge of the operation	2049
of the jail determines to be appropriate, the sheriff or other	2050
person in charge of the operation of the jail may cause the	2051
convicted or accused offender to be examined and tested for	2052
tuberculosis, HIV infection, hepatitis, including, but not limited	2053
to, hepatitis A, B, and C, and other contagious diseases. The	2054
sheriff or other person in charge of the operation of the jail may	2055
cause a convicted or accused offender in the jail who refuses to	2056
be tested or treated for tuberculosis, HIV infection, hepatitis,	2057
including, but not limited to, hepatitis A, B, and C, or another	2058
contagious disease to be tested and treated involuntarily.	2059

Sec. 341.23.  (A) The board of county commissioners of any	2060
county or the legislative authority of any municipal corporation	2061
in which there is no workhouse may agree with the legislative	2062
authority of any municipal corporation or other authority having	2063
control of the workhouse of any other city, or with the directors	2064
of any district of a joint city and county workhouse or county	2065
workhouse, upon terms on which persons convicted of a misdemeanor	2066
by any court or magistrate of a county or municipal corporation	2067
having no workhouse, may be received into that workhouse, under	2068
sentence of the court or magistrate. The board or legislative	2069
authority may pay the expenses incurred under the agreement out of	2070
the general fund of that county or municipal corporation, upon the	2071
certificate of the proper officer of the workhouse.	2072

(B) The sheriff or other officer transporting any person to	2073
the workhouse described in division (A) of this section shall	2074
receive six cents per mile for the sheriff or officer, going and	2075
returning, five cents per mile for transporting the convict, and	2076
five cents per mile, going and coming, for the service of each	2077
deputy, to be allowed as in cases in which a person is transported	2078
to a state correctional institution. The number of miles shall be	2079
computed by the usual routes of travel and, in state cases, shall	2080
be paid out of the general fund of the county, on the allowance of	2081
the board, and for the violation of the ordinances of any	2082
municipal corporation, shall be paid by that municipal corporation	2083
on the order of its legislative authority.	2084

(C)(1) ThePursuant to section 2929.29 of the Revised Code,	2085
the board of county commissioners, the directors of the district	2086
of a joint city and county workhouse or county workhouse, or the	2087
legislative authority of the municipal corporation may require a	2088
person who was convicted of an offense and who is confined in a	2089
workhouse as provided in division (A) of this section, to	2090
reimburse the county, district, or municipal corporation, as the	2091
case may be, for its expenses incurred by reason of the person's	2092
confinement, including, but not limited to, the expenses relating	2093
to the provision of food, clothing, shelter, medical care,	2094
personal hygiene products, including, but not limited to,	2095
toothpaste, toothbrushes, and feminine hygiene items, and up to	2096
two hours of overtime costs the sheriff or municipal corporation	2097
incurred relating to the trial of the person. The amount of	2098
reimbursement may be the actual cost of the person's confinement	2099
plus the authorized trial overtime costs or a lesser amount	2100
determined by the board of county commissioners of the county, the	2101
directors of the district of the joint city or county workhouse,	2102
or the legislative authority of the municipal corporation,	2103
provided that the lesser amount shall be determined by a formula	2104
that is uniformly applied to persons incarcerated in the	2105
workhouse. The amount of reimbursement shall be determined by a	2106
court at a hearing held pursuant to section 2929.18 of the Revised	2107
Code if the person is confined for a felony or section 2929.223 of	2108
the Revised Code if the person is confined for a misdemeanor. The	2109
amount or amounts paid in reimbursement by a person confined for a	2110
misdemeanor or the amount recovered from a person confined for a	2111
misdemeanor by executing upon the judgment obtained pursuant to	2112
section 2929.223 of the Revised Code shall be paid into the	2113
treasury of the county, district, or municipal corporation that	2114
incurred the expenses. If a person is confined for a felony and	2115
the court imposes a sanction under section 2929.18 of the Revised	2116
Code that requires the person to reimburse the costs of	2117
confinement, the prosecuting attorney or the municipal chief legal	2118
officer shall bring an action to recover the expenses of	2119
confinement, in accordance with section 2929.18 of the Revised	2120
Code.	2121

(2) The board of county commissioners, the directors of the	2122
district of a joint city and county workhouse or county workhouse,	2123
or the legislative authority of the municipal corporation may	2124
adopt a resolution or ordinance specifying that a person who is	2125
convicted of a felony and who is confined in a workhouse as	2126
provided in division (A) of this section is not required to	2127
reimburse the county, district, or municipal corporation, as the	2128
case may be, for its expenses incurred by reason of the person's	2129
confinement, including the expenses listed in division (C)(1) of	2130
this section. If the board, directors, or legislative authority	2131
adopts a resolution or ordinance of that nature, the board,	2132
directors, or legislative authority shall provide a copy to the	2133
court of common pleas of the county, and the court that sentences	2134
a person convicted of a felony shall not impose a sanction under	2135
section 2929.18 of the Revised Code that requires the person to	2136
reimburse the costs of the confinement.	2137

(D) In lieu of requiring offenders to reimburse the	2138
political subdivision for expenses incurred by reason of the	2139
person's confinement under division (C) of this section, the board	2140
of county commissioners, the directors of the district of joint	2141
city and county workhouse or county workhouse, or the legislative	2142
authority of the municipal corporation having control of the	2143
workhouse may adopt a prisoner reimbursement policy for the	2144
workhouse under this division. The board, directors, or authority	2145
may appoint a reimbursement coordinator to administer the prisoner	2146
reimbursement policy. A prisoner reimbursement policy adopted	2147
under this division is a policy that requires a person confined to	2148
the workhouse to reimburse the political subdivision responsible	2149
for paying prisoner expenses for any expenses it incurs by reason	2150
of the person's confinement in the workhouse, which expenses may	2151
include, but are not limited to, the following:	2152

(1) A per diem fee for room and board of not more than sixty	2153
dollars per day or the actual per diem cost, whichever is less,	2154
for the entire period of time the person is confined to the	2155
workhouse;	2156

(2) Actual charges for medical and dental treatment, and the	2157
fee for a random drug test assessed under division (E) of section	2158
341.26 of the Revised Code;	2159

(3) Reimbursement for government property damaged by the	2160
person while confined to the workhouse.	2161

Rates charged shall be on a sliding scale determined by the	2162
board of county commissioners, the directors of the district of	2163
joint city and county workhouse or county workhouse, or the	2164
legislative authority of the municipal corporation having control	2165
of the workhouse, based on the ability of the person confined to	2166
the workhouse to pay and on consideration of any legal obligation	2167
of the person to support a spouse, minor children, or other	2168
dependents and any moral obligation to support dependents to whom	2169
the person is providing or has in fact provided support.	2170

The reimbursement coordinator or another person designated by	2171
the administrator of the workhouse may investigate the financial	2172
status of the person and obtain information necessary to	2173
investigate that status, by means that may include contacting	2174
employers and reviewing income tax records. The coordinator may	2175
work with the confined person to create a repayment plan to be	2176
implemented upon the person's release. At the end of the person's	2177
incarceration, the person shall be presented with a billing	2178
statement.	2179

The reimbursement coordinator or another appointed person may	2180
collect, or the board of county commissioners, the directors of	2181
the district of joint city and county workhouse or county	2182
workhouse, or the legislative authority of the municipal	2183
corporation having control of the workhouse may enter into a	2184
contract with one or more public agencies or private vendors to	2185
collect, any amounts remaining unpaid. Within twelve months after	2186
the date of the confined person's release, the prosecuting	2187
attorney, city director of law, village solicitor, or attorney for	2188
the district may file a civil action to seek reimbursement from	2189
that person for any billing amount that remains unpaid. The	2190
political subdivision shall not enforce any judgment obtained	2191
under this section by means of execution against the person's	2192
homestead. For purposes of this section, "homestead" has the same	2193
meaning as in division (A) of section 323.151 of the Revised Code.	2194
Any reimbursement received under this section shall be credited to	2195
the general fund of the political subdivision that bore the	2196
expense, to be used for general fund purposes.	2197

(E)(1) Notwithstanding any contrary provision in this	2198
section or section 2929.18 or 2929.223 of the Revised Code, the	2199
appropriate board of county commissioners and legislative	2200
authorities may include in their agreement entered into under	2201
division (A) of this section a policy that requires any person who	2202
is not indigent and who is confined in the county, city, district,	2203
or joint city and county workhouse under this section to pay a	2204
reasonable fee for any medical treatment or service requested by	2205
and provided to that person or to pay the fee for a random drug	2206
test assessed under division (E) of section 341.26 of the Revised	2207
Code. The fee for the medical treatment or service shall not	2208
exceed the actual cost of the treatment or service provided. No	2209
person confined to a county, city, district, or joint city and	2210
county workhouse under this section who is indigent shall be	2211
required to pay those fees, and no person confined to any	2212
workhouse of that type shall be denied any necessary medical care	2213
because of inability to pay those fees.	2214

Upon provision of the requested medical treatment or service	2215
or assessment of a fee for a random drug test, payment of the	2216
required fee may be automatically deducted from a person's account	2217
record in the workhouse's business office. If the person has no	2218
funds in the person's account, a deduction may be made at a later	2219
date during the person's confinement in the workhouse if funds	2220
later become available in the person's account. If the person is	2221
released from the workhouse and has an unpaid balance of these	2222
fees, the appropriate board of county commissioners and	2223
legislative authorities may bill the person for payment of the	2224
remaining unpaid fees in the same proportion as those expenses	2225
were borne by the political subdivision issuing the billing	2226
statement. Fees received for medical treatment or services shall	2227
be paid into the commissary fund, if one has been created for the	2228
workhouse, or if no such fund exists, into the treasuries of the	2229
political subdivisions that incurred the expenses of those	2230
treatments or services in the same proportion as those expenses	2231
were borne by these political subdivisions.	2232

(2) If a person confined to a county, city, district, or	2233
joint city and county workhouse is required under division (C) or	2234
(D) of this section or section 2929.18 or 2929.223 of the Revised	2235
Code to reimburse a county or municipal corporation for expenses	2236
incurred by reason of the person's confinement to the workhouse,	2237
any fees paid by the person under division (E)(1) of this section	2238
shall be deducted from the expenses required to be reimbursed	2239
under division (C) or (D) of this section or section 2929.18 or	2240
2929.223 of the Revised Code.	2241

(F)(D) If a person who has been convicted of or pleaded	2242
guilty to an offense is incarcerated in the workhouse as provided	2243
in division (A) of this section, at the time of reception and at	2244
other times the person in charge of the operation of the workhouse	2245
determines to be appropriate, the person in charge of the	2246
operation of the workhouse may cause the convicted offender to be	2247
examined and tested for tuberculosis, HIV infection, hepatitis,	2248
including but not limited to hepatitis A, B, and C, and other	2249
contagious diseases. The person in charge of the operation of the	2250
workhouse may cause a convicted offender in the workhouse who	2251
refuses to be tested or treated for tuberculosis, HIV infection,	2252
hepatitis, including but not limited to hepatitis A, B, and C, or	2253
another contagious disease to be tested and treated involuntarily.	2254

Sec. 341.26.  (A) As used in this section:

2255

(1) "Random drug testing" has the same meaning as in section	2256
5120.63 of the Revised Code.	2257

(2) "Prisoner" means a person confined in a jail or	2258
multicounty correctional center following a conviction of or plea	2259
of guilty to a criminal offense.	2260

(B) The board of county commissioners of the county, with	2261
the consent of the sheriff of the county, or the boards of county	2262
commissioners of two or more adjacent counties that have jointly	2263
established a multicounty correctional center pursuant to section	2264
307.93 of the Revised Code, with the consent of the sheriffs of	2265
those adjacent counties, may enter into a contract with a	2266
laboratory or entity to perform blood or urine specimen	2267
collection, documentation, maintenance, transportation,	2268
preservation, storage, and analyses and other duties required in	2269
the performance of random drug testing of prisoners. The terms of	2270
any contract entered into under this division shall include a	2271
requirement that the laboratory or entity and its employees, the	2272
sheriff, deputy sheriffs, the corrections commission or the	2273
administrator of the multicounty correctional center specified in	2274
division (D) of this section, the employees of the jail and	2275
multicounty correctional center, and all other persons comply with	2276
the standards for the performance of random drug testing as	2277
specified in rules adopted under division (C) of this section.	2278

(C) Prior to entering into a contract with a laboratory or	2279
entity under division (B) of this section, a board of county	2280
commissioners or, in the case of a multicounty correctional	2281
center, the boards of county commissioners of the counties that	2282
have established the center shall adopt rules for the random drug	2283
testing of prisoners. The rules shall include, but are not	2284
limited to, provisions that do the following:	2285

(1) Require the laboratory or entity to seek, obtain, and	2286
maintain accreditation from the national institute on drug abuse;	2287

(2) Establish standards for the performance of random drug	2288
testing that include, but are not limited to, standards governing	2289
the following:	2290

(a) The collection by the laboratory or entity of blood or	2291
urine specimens of individuals in a scientifically or medically	2292
approved manner and under reasonable and sanitary conditions;	2293

(b) The collection and testing by the laboratory or entity	2294
of blood or urine specimens with due regard for the privacy of the	2295
individual being tested and in a manner reasonably calculated to	2296
prevent substitutions or interference with the collection and	2297
testing of the specimens;	2298

(c) The documentation of blood or urine specimens collected	2299
by the laboratory or entity and documentation procedures that	2300
reasonably preclude the possibility of erroneous identification of	2301
test results and that provide the individual being tested an	2302
opportunity to furnish information identifying any prescription or	2303
nonprescription drugs used by the individual in connection with a	2304
medical condition;	2305

(d) The collection, maintenance, storage, and transportation	2306
by the laboratory or entity of blood or urine specimens in a	2307
manner that reasonably precludes the possibility of contamination	2308
or adulteration of the specimens;	2309

(e) The testing by the laboratory or entity of a blood or	2310
urine specimen of an individual to determine whether the	2311
individual ingested or was injected with a drug of abuse, in a	2312
manner that conforms to scientifically accepted analytical methods	2313
and procedures and that may include verification or confirmation	2314
of any positive test result by a reliable analytical method;	2315

(f) The analysis of an individual's blood or urine specimen	2316
by an employee of the laboratory or entity who is qualified by	2317
education, training, and experience to perform that analysis and	2318
whose regular duties include the analysis of blood or urine	2319
specimens to determine the presence of a drug of abuse and whether	2320
the individual who is the subject of the test ingested or was	2321
injected with a drug of abuse.	2322

(3) Specify the frequency of performing random drug testing	2323
on prisoners in the jail or multicounty correctional center;	2324

(4) Prescribe procedures for the automatic, random selection	2325
of prisoners in the jail or multicounty correctional center to	2326
submit to random drug testing under this section;	2327

(5) Provide for reasonable safeguards for transmitting the	2328
results of the random drug testing of prisoners in the jail or	2329
multicounty correctional center from the contracting laboratory or	2330
entity to the sheriff, the corrections commission, or the	2331
administrator of the multicounty correctional center pursuant to	2332
division (E) of this section;	2333

(6) Establish a reasonable fee to cover the costs associated	2334
with random drug testing and analysis performed by a contracting	2335
laboratory or entity under this section and establish procedures	2336
pursuant to division (E) of this section for the collection of	2337
those fees from the prisoners subjected to the drug tests.	2338

(D) If a board of county commissioners enters into a	2339
contract pursuant to division (B) of this section, the sheriff of	2340
that county, pursuant to the terms of the contract and the rules	2341
adopted under division (C) of this section, shall facilitate the	2342
collection, documentation, maintenance, and transportation by the	2343
contracting laboratory or entity of the blood or urine specimens	2344
of the prisoners who are confined in the jail and who are subject	2345
to random drug testing. If the boards of county commissioners	2346
that have jointly established a multicounty correctional center	2347
enter into a contract pursuant to division (B) of this section,	2348
the corrections commission or the administrator of the multicounty	2349
correctional center, pursuant to the terms of the contract and the	2350
rules adopted under division (C) of this section, shall facilitate	2351
the collection, documentation, maintenance, and transportation by	2352
the contracting laboratory or entity of the blood or urine	2353
specimens of the prisoners who are confined in the multicounty	2354
correctional center and who are subject to random drug testing.	2355

(E) If a county or two or more adjacent counties enter into	2356
a contract pursuant to division (B) of this section and the	2357
contracting laboratory or entity performs the random drug testing	2358
as provided in the contract, the laboratory or entity shall	2359
transmit the results of the drug tests to the sheriff, corrections	2360
commission, or administrator who facilitated the collection,	2361
documentation, maintenance, and transportation of blood or urine	2362
specimens under division (D) of this section. The sheriff,	2363
corrections commission, or administrator shall file for record the	2364
results of the random drug tests that indicate whether or not each	2365
prisoner who is confined in the jail or multicounty correctional	2366
center and who was subjected to the drug test ingested or was	2367
injected with a drug of abuse. The sheriff, corrections	2368
commission, or administrator shall give appropriate notice of the	2369
drug test results to each prisoner who was subjected to the drug	2370
test and whose drug test results indicate that the prisoner	2371
ingested or was injected with a drug of abuse. The sheriff,	2372
corrections commission, or administrator shall afford that	2373
prisoner an opportunity to be heard regarding the results of the	2374
drug test and to present contrary evidence at a hearing held	2375
before the sheriff, corrections commission, or administrator	2376
within thirty days after notification of the prisoner under this	2377
division. After the hearing, if a hearing is held, the sheriff,	2378
corrections commission, or administrator shall make a	2379
determination regarding any evidence presented by the prisoner. If	2380
the sheriff, corrections commission, or administrator rejects the	2381
evidence presented by the prisoner at the hearing or if no hearing	2382
is held under this division, the sheriff, corrections commission,	2383
or administrator may assess a reasonable fee, determined pursuant	2384
to division (C) of this section, for the costs associated with the	2385
random drug test to be paid by the prisoner whose drug test	2386
results indicate that the prisoner ingested or was injected with a	2387
drug of abuse. The sheriff, corrections commission, or	2388
administrator may collect the fee pursuant to section 307.93,	2389
341.06, 341.21, or 341.23 of the Revised Code.	2390

Sec. 505.49.  (A) As used in this section, "felony" has the	2391
same meaning as in section 109.511 of the Revised Code.	2392

(B)(1) The township trustees by a two-thirds vote of the	2393
board may adopt rules necessary for the operation of the township	2394
police district, including a determination of the qualifications	2395
of the chief of police, patrol officers, and others to serve as	2396
members of the district police force.	2397

(2) Except as otherwise provided in division (E) of this	2398
section and subject to division (D) of this section, the township	2399
trustees by a two-thirds vote of the board shall appoint a chief	2400
of police for the district, determine the number of patrol	2401
officers and other personnel required by the district, and	2402
establish salary schedules and other conditions of employment for	2403
the employees of the township police district. The chief of	2404
police of the district shall serve at the pleasure of the township	2405
trustees and shall appoint patrol officers and other personnel	2406
that the district may require, subject to division (D) of this	2407
section and to the rules and limits as to qualifications, salary	2408
ranges, and numbers of personnel established by the township board	2409
of trustees. The township trustees may include in the township	2410
police district and under the direction and control of the chief	2411
of police, any constable appointed pursuant to section 509.01 of	2412
the Revised Code, or may designate the chief of police or any	2413
patrol officer appointed by the chief of police as a constable, as	2414
provided for in section 509.01 of the Revised Code, for the	2415
township police district.	2416

(3) Except as provided in division (D) of this section, a	2417
patrol officer, other police district employee, or police	2418
constable, who has been awarded a certificate attesting to the	2419
satisfactory completion of an approved state, county, or municipal	2420
police basic training program, as required by section 109.77 of	2421
the Revised Code, may be removed or suspended only under the	2422
conditions and by the procedures in sections 505.491 to 505.495 of	2423
the Revised Code. Any other patrol officer, police district	2424
employee, or police constable shall serve at the pleasure of the	2425
township trustees. In case of removal or suspension of an	2426
appointee by the board of township trustees, that appointee may	2427
appeal the decision of the board to the court of common pleas of	2428
the county in which the district is situated to determine the	2429
sufficiency of the cause of removal or suspension. The appointee	2430
shall take the appeal within ten days of written notice to the	2431
appointee of the decision of the board.	2432

(C) Division (B) of this section does not apply to a	2433
township that has a population of ten thousand or more persons	2434
residing within the township and outside of any municipal	2435
corporation, that has its own police department employing ten or	2436
more full-time paid employees, and that has a civil service	2437
commission established under division (B) of section 124.40 of the	2438
Revised Code. That type of township shall comply with the	2439
procedures for the employment, promotion, and discharge of police	2440
personnel provided by Chapter 124. of the Revised Code, except	2441
that the board of township trustees of the township may appoint	2442
the chief of police, and a person so appointed shall be in the	2443
unclassified service under section 124.11 of the Revised Code and	2444
shall serve at the pleasure of the board. A person appointed	2445
chief of police under these conditions who is removed by the board	2446
or who resigns from the position shall be entitled to return to	2447
the classified service in the township police department, in the	2448
position that person held previous to the person's appointment as	2449
chief of police. The board of township trustees shall determine	2450
the number of personnel required and establish salary schedules	2451
and conditions of employment not in conflict with Chapter 124. of	2452
the Revised Code. Persons employed as police personnel in that	2453
type of township on the date a civil service commission is	2454
appointed pursuant to division (B) of section 124.40 of the	2455
Revised Code, without being required to pass a competitive	2456
examination or a police training program, shall retain their	2457
employment and any rank previously granted them by action of the	2458
township trustees or otherwise, but those persons are eligible for	2459
promotion only by compliance with Chapter 124. of the Revised	2460
Code. This division does not apply to constables appointed	2461
pursuant to section 509.01 of the Revised Code. This division is	2462
subject to division (D) of this section.	2463

(D)(1) The board of township trustees shall not appoint or	2464
employ a person as a chief of police, and the chief of police	2465
shall not appoint or employ a person as a patrol officer or other	2466
peace officer of a township police district or a township police	2467
department, on a permanent basis, on a temporary basis, for a	2468
probationary term, or on other than a permanent basis if the	2469
person previously has been convicted of or has pleaded guilty to a	2470
felony.	2471

(2)(a) The board of township trustees shall terminate the	2472
appointment or employment of a chief of police, patrol officer, or	2473
other peace officer of a township police district or township	2474
police department who does either of the following:	2475

(i) Pleads guilty to a felony;

2476

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2477
plea agreement as provided in division (D) of section 2929.29	2478
2929.43 of the Revised Code in which the chief of police, patrol	2479
officer, or other peace officer of a township police district or	2480
township police department agrees to surrender the certificate	2481
awarded to that chief of police, patrol officer, or other peace	2482
officer under section 109.77 of the Revised Code.	2483

(b) The board shall suspend the appointment or employment of	2484
a chief of police, patrol officer, or other peace officer of a	2485
township police district or township police department who is	2486
convicted, after trial, of a felony. If the chief of police,	2487
patrol officer, or other peace officer of a township police	2488
district or township police department files an appeal from that	2489
conviction and the conviction is upheld by the highest court to	2490
which the appeal is taken or if no timely appeal is filed, the	2491
board shall terminate the appointment or employment of that chief	2492
of police, patrol officer, or other peace officer. If the chief	2493
of police, patrol officer, or other peace officer of a township	2494
police district or township police department files an appeal that	2495
results in that chief of police's, patrol officer's, or other	2496
peace officer's acquittal of the felony or conviction of a	2497
misdemeanor, or in the dismissal of the felony charge against the	2498
chief of police, patrol officer, or other peace officer, the board	2499
shall reinstate that chief of police, patrol officer, or other	2500
peace officer. A chief of police, patrol officer, or other peace	2501
officer of a township police district or township police	2502
department who is reinstated under division (D)(2)(b) of this	2503
section shall not receive any back pay unless the conviction of	2504
that chief of police, patrol officer, or other peace officer of	2505
the felony was reversed on appeal, or the felony charge was	2506
dismissed, because the court found insufficient evidence to	2507
convict the chief of police, patrol officer, or other peace	2508
officer of the felony.	2509

(3) Division (D) of this section does not apply regarding an	2510
offense that was committed prior to January 1, 1997.	2511

(4) The suspension or termination of the appointment or	2512
employment of a chief of police, patrol officer, or other peace	2513
officer under division (D)(2) of this section shall be in	2514
accordance with Chapter 119. of the Revised Code.	2515

(E) The board of township trustees may enter into a contract	2516
under section 505.43 or 505.50 of the Revised Code to obtain all	2517
police protection for the township police district from one or	2518
more municipal corporations, county sheriffs, or other townships.	2519
If the board enters into such a contract, subject to division (D)	2520
of this section, it may, but is not required to, appoint a police	2521
chief for the district.	2522

(F) The members of the police force of a township police	2523
district of a township that adopts the limited self-government	2524
form of township government shall serve as peace officers for the	2525
township territory included in the district.	2526

(G) A chief of police or patrol officer of a township police	2527
district, or of a township police department, may participate, as	2528
the director of an organized crime task force established under	2529
section 177.02 of the Revised Code or as a member of the	2530
investigatory staff of that task force, in an investigation of	2531
organized criminal activity in any county or counties in this	2532
state under sections 177.01 to 177.03 of the Revised Code.	2533

Sec. 509.01.  (A) As used in this section, "felony" has the	2534
same meaning as in section 109.511 of the Revised Code.	2535

(B) Subject to division (C) of this section, the board of	2536
township trustees may designate any qualified persons as police	2537
constables and may provide them with the automobiles,	2538
communication systems, uniforms, and police equipment that the	2539
board considers necessary. Except as provided in division (C) of	2540
this section, police constables designated under this division,	2541
who have been awarded a certificate attesting to the satisfactory	2542
completion of an approved state, county, or municipal police basic	2543
training program, as required by section 109.77 of the Revised	2544
Code, may be removed or suspended only under the conditions and by	2545
the procedures in sections 505.491 to 505.495 of the Revised Code.	2546
Any other police constable shall serve at the pleasure of the	2547
township trustees. In case of removal or suspension of a police	2548
constable by the board of township trustees, that police constable	2549
may appeal the decision of the board to the court of common pleas	2550
of the county to determine the sufficiency of the cause of removal	2551
or suspension. The police constable shall take the appeal within	2552
ten days of written notice to the police constable of the decision	2553
of the board. The board may pay each police constable, from the	2554
general funds of the township, the compensation that the board by	2555
resolution prescribes for the time actually spent in keeping the	2556
peace, protecting property, and performing duties as a police	2557
constable, including duties as an ex officio deputy bailiff of a	2558
municipal court pursuant to section 1901.32 of the Revised Code	2559
and duties as a ministerial officer of a county court. The police	2560
constable shall not be paid fees in addition to the compensation	2561
allowed by the board for services rendered as a police constable,	2562
including services as an ex officio deputy bailiff of a municipal	2563
court pursuant to section 1901.32 of the Revised Code and as a	2564
ministerial officer of a county court. All constable fees	2565
provided for by section 509.15 of the Revised Code, if due for	2566
services rendered while the police constable performing those	2567
services is being compensated as a police constable for that	2568
performance, shall be paid into the general fund of the township.	2569

(C)(1) The board of township trustees shall not designate a	2570
person as a police constable pursuant to division (B) of this	2571
section on a permanent basis, on a temporary basis, for a	2572
probationary term, or on other than a permanent basis if the	2573
person previously has been convicted of or has pleaded guilty to a	2574
felony.	2575

(2)(a) The board of township trustees shall terminate the	2576
employment of a police constable designated under division (B) of	2577
this section if the police constable does either of the following:	2578

(i) Pleads guilty to a felony;

2579

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2580
plea agreement as provided in division (D) of section 2929.29	2581
2929.43 of the Revised Code in which the police constable agrees	2582
to surrender the certificate awarded to the police constable under	2583
section 109.77 of the Revised Code.	2584

(b) The board shall suspend from employment a police	2585
constable designated under division (B) of this section if the	2586
police constable is convicted, after trial, of a felony. If the	2587
police constable files an appeal from that conviction and the	2588
conviction is upheld by the highest court to which the appeal is	2589
taken or if the police constable does not file a timely appeal,	2590
the board shall terminate the employment of that police constable.	2591
If the police constable files an appeal that results in that	2592
police constable's acquittal of the felony or conviction of a	2593
misdemeanor, or in the dismissal of the felony charge against the	2594
police constable, the board shall reinstate that police constable.	2595
A police constable who is reinstated under division (C)(2)(b) of	2596
this section shall not receive any back pay unless that police	2597
constable's conviction of the felony was reversed on appeal, or	2598
the felony charge was dismissed, because the court found	2599
insufficient evidence to convict the police constable of the	2600
felony.	2601

(3) Division (C) of this section does not apply regarding an	2602
offense that was committed prior to January 1, 1997.	2603

(4) The suspension from employment, or the termination of	2604
the employment, of a police constable under division (C)(2) of	2605
this section shall be in accordance with Chapter 119. of the	2606
Revised Code.	2607

Sec. 511.232.  (A) As used in this section, "felony" has the	2608
same meaning as in section 109.511 of the Revised Code.	2609

(B) The employees designated by the board of park	2610
commissioners of a township park district may enforce the laws of	2611
the state and the regulations of the board within and adjacent to	2612
the lands under the jurisdiction and control of the board or when	2613
acting as authorized by section 511.235 or 511.236 of the Revised	2614
Code. Before exercising those powers, the designated employees	2615
shall comply with the certification requirement established in	2616
section 109.77 of the Revised Code, take an oath, and give a bond	2617
to the state, in the sum that the board prescribes, for the proper	2618
performance of their duties. This division is subject to division	2619
(C) of this section.	2620

(C)(1) The board of park commissioners of a township park	2621
district shall not designate an employee as provided in division	2622
(B) of this section on a permanent basis, on a temporary basis,	2623
for a probationary term, or on other than a permanent basis if the	2624
employee previously has been convicted of or has pleaded guilty to	2625
a felony.	2626

(2)(a) The board of park commissioners of a township park	2627
district shall terminate the employment of an employee designated	2628
as provided in division (B) of this section if the employee does	2629
either of the following:	2630

(i) Pleads guilty to a felony;

2631

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2632
plea agreement as provided in division (D) of section 2929.29	2633
2929.43 of the Revised Code in which the employee agrees to	2634
surrender the certificate awarded to the employee under section	2635
109.77 of the Revised Code.	2636

(b) The board shall suspend from employment an employee	2637
designated as provided in division (B) of this section if the	2638
employee is convicted, after trial, of a felony. If the employee	2639
files an appeal from that conviction and the conviction is upheld	2640
by the highest court to which the appeal is taken or if the	2641
employee does not file a timely appeal, the board shall terminate	2642
the employment of that employee. If the employee files an appeal	2643
that results in that employee's acquittal of the felony or	2644
conviction of a misdemeanor, or in the dismissal of the felony	2645
charge against the employee, the board shall reinstate that	2646
employee. An employee who is reinstated under division (C)(2)(b)	2647
of this section shall not receive any back pay unless that	2648
employee's conviction of the felony was reversed on appeal, or the	2649
felony charge was dismissed, because the court found insufficient	2650
evidence to convict the employee of the felony.	2651

(3) Division (C) of this section does not apply regarding an	2652
offense that was committed prior to January 1, 1997.	2653

(4) The suspension from employment, or the termination of	2654
the employment, of an employee under division (C)(2) of this	2655
section shall be in accordance with Chapter 119. of the Revised	2656
Code.	2657

Sec. 737.052.  (A) As used in this section, "felony" has the	2658
same meaning as in section 109.511 of the Revised Code.	2659

(B)(1) The director of public safety shall not appoint a	2660
person as a chief of police, a member of the police department of	2661
the municipal corporation, or an auxiliary police officer on a	2662
permanent basis, on a temporary basis, for a probationary term, or	2663
on other than a permanent basis if the person previously has been	2664
convicted of or has pleaded guilty to a felony.	2665

(2)(a) The director of public safety shall terminate the	2666
employment of a chief of police, member of the police department,	2667
or auxiliary police officer who does either of the following:	2668

(i) Pleads guilty to a felony;

2669

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2670
plea agreement as provided in division (D) of section 2929.29	2671
2929.43 of the Revised Code in which the chief of police, member	2672
of the police department, or auxiliary police officer agrees to	2673
surrender the certificate awarded to the chief of police, member	2674
of the police department, or auxiliary police officer under	2675
section 109.77 of the Revised Code.	2676

(b) The director shall suspend from employment a chief of	2677
police, member of the police department, or auxiliary police	2678
officer who is convicted, after trial, of a felony. If the chief	2679
of police, member of the police department, or auxiliary police	2680
officer files an appeal from that conviction and the conviction is	2681
upheld by the highest court to which the appeal is taken or if the	2682
chief of police, member of the police department, or auxiliary	2683
police officer does not file a timely appeal, the director shall	2684
terminate that person's employment. If the chief of police,	2685
member of the police department, or auxiliary police officer files	2686
an appeal that results in that person's acquittal of the felony or	2687
conviction of a misdemeanor, or in the dismissal of the felony	2688
charge against that person, the director shall reinstate that	2689
person. A chief of police, member of the police department, or	2690
auxiliary police officer who is reinstated under division	2691
(B)(2)(b) of this section shall not receive any back pay unless	2692
that person's conviction of the felony was reversed on appeal, or	2693
the felony charge was dismissed, because the court found	2694
insufficient evidence to convict that person of the felony.	2695

(3) Division (B) of this section does not apply regarding an	2696
offense that was committed prior to January 1, 1997.	2697

(4) The suspension from employment, or the termination of	2698
the employment, of the chief of police, member of the police	2699
department, or auxiliary police officer under division (B)(2) of	2700
this section shall be in accordance with Chapter 119. of the	2701
Revised Code.	2702

Sec. 737.162.  (A) As used in this section, "felony" has the	2703
same meaning as in section 109.511 of the Revised Code.	2704

(B)(1) The mayor shall not appoint a person as a marshal, a	2705
deputy marshal, a police officer, a night watchperson, a special	2706
police officer, or an auxiliary police officer on a permanent	2707
basis, on a temporary basis, for a probationary term, or on other	2708
than a permanent basis if the person previously has been convicted	2709
of or has pleaded guilty to a felony.	2710

(2)(a) The mayor shall terminate the employment of a	2711
marshal, deputy marshal, police officer, night watchperson,	2712
special police officer, or auxiliary police officer who does	2713
either of the following:	2714

(i) Pleads guilty to a felony;

2715

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2716
plea agreement as provided in division (D) of section 2929.29	2717
2929.43 of the Revised Code in which the marshal, deputy marshal,	2718
police officer, night watchperson, special police officer, or	2719
auxiliary police officer agrees to surrender the certificate	2720
awarded to that person under section 109.77 of the Revised Code.	2721

(b) The mayor shall suspend from employment a marshal,	2722
deputy marshal, police officer, night watchperson, special police	2723
officer, or auxiliary police officer who is convicted, after	2724
trial, of a felony. If the marshal, deputy marshal, police	2725
officer, night watchperson, special police officer, or auxiliary	2726
police officer files an appeal from that conviction and the	2727
conviction is upheld by the highest court to which the appeal is	2728
taken or if that person does not file a timely appeal, the mayor	2729
shall terminate that person's employment. If the marshal, deputy	2730
marshal, police officer, night watchperson, special police	2731
officer, or auxiliary police officer files an appeal that results	2732
in that person's acquittal of the felony or conviction of a	2733
misdemeanor, or in the dismissal of the felony charge against that	2734
person, the mayor shall reinstate that person. A marshal, deputy	2735
marshal, police officer, night watchperson, special police	2736
officer, or auxiliary police officer who is reinstated under	2737
division (B)(2)(b) of this section shall not receive any back pay	2738
unless that person's conviction of the felony was reversed on	2739
appeal, or the felony charge was dismissed, because the court	2740
found insufficient evidence to convict that person of the felony.	2741

(3) Division (B) of this section does not apply regarding an	2742
offense that was committed prior to January 1, 1997.	2743

(4) The suspension from employment, or the termination of	2744
the employment, of a marshal, deputy marshal, police officer,	2745
night watchperson, special police officer, or auxiliary police	2746
officer under division (B)(2) of this section shall be in	2747
accordance with Chapter 119. of the Revised Code.	2748

Sec. 737.41.  (A) The legislative authority of a municipal	2749
corporation in which is established a municipal court, other than	2750
a county-operated municipal court, that has a department of	2751
probation shall establish in the municipal treasury a municipal	2752
probation services fund. The fund shall contain all moneys paid	2753
to the treasurer of the municipal corporation under section	2754
2951.021 of the Revised Code for deposit into the fund. The	2755
treasurer of the municipal corporation shall disburse the money	2756
contained in the fund at the request of the municipal court	2757
department of probation, for use only by that department for	2758
specialized staff, purchase of equipment, purchase of services,	2759
reconciliation programs for offenders and victims, other treatment	2760
programs, including alcohol and drug addiction programs certified	2761
under section 3793.06 of the Revised Code, determined to be	2762
appropriate by the chief probation officer, and other similar	2763
probation-related expenses related to placing offenders under a	2764
community control sanction.	2765

(B) Any money in a municipal probation services fund at the	2766
end of a fiscal year shall not revert to the treasury of the	2767
municipal corporation but shall be retained in the fund.	2768

(C) As used in this section, "county-operated:

2769

(1) "County-operated municipal court" has the same meaning as	2770
in section 1901.03 of the Revised Code.	2771

(2) "Community control sanction" has the same meaning as in	2772
section 2929.01 of the Revised Code.	2773

Sec. 753.02.  (A) The legislative authority of a municipal	2774
corporation shall provide by ordinance for sustaining all persons	2775
sentenced to or confined in a prison or station house at the	2776
expense of the municipal corporation, and in counties where	2777
prisons or station houses are in quarters leased from the board of	2778
county commissioners, may contract with the board for the care and	2779
maintenance of those persons by the sheriff or other person	2780
charged with the care and maintenance of county prisoners. On the	2781
presentation of bills for food, sustenance, and necessary	2782
supplies, to the proper officer, certified by the person whom the	2783
legislative authority designates, the officer shall audit the	2784
bills under the rules prescribed by the legislative authority, and	2785
draw the officer's order on the treasurer of the municipal	2786
corporation in favor of the person presenting the bill.	2787

(B)(1) ThePursuant to section 2929.29 of the Revised Code,	2788
the legislative authority of the municipal corporation may require	2789
a person who was convicted of an offense and who is confined in a	2790
prison or station house as provided in division (A) of this	2791
section, or a person who was convicted of an offense and who is	2792
confined in the county jail as provided in section 1905.35 of the	2793
Revised Code, to reimburse the municipal corporation for its	2794
expenses incurred by reason of the person's confinement,	2795
including, but not limited to, the expenses relating to the	2796
provision of food, clothing, shelter, medical care, personal	2797
hygiene products, including, but not limited to, toothpaste,	2798
toothbrushes, and feminine hygiene items, and up to two hours of	2799
overtime costs the sheriff or municipal corporation incurred	2800
relating to the trial of the person. The amount of reimbursement	2801
may be the actual cost of the prisoner's confinement plus the	2802
authorized trial overtime costs or a lesser amount determined by	2803
the legislative authority of the municipal corporation, provided	2804
that the lesser amount shall be determined by a formula that is	2805
uniformly applied to persons incarcerated in the prison, station	2806
house, or county jail. The amount of reimbursement shall be	2807
determined by a court at a hearing held pursuant to section	2808
2929.18 of the Revised Code if the person is confined for a felony	2809
or section 2929.223 of the Revised Code if the person is confined	2810
for a misdemeanor. The amount or amounts paid in reimbursement by	2811
a person confined for a misdemeanor or the amount recovered from a	2812
person confined for a misdemeanor by executing upon the judgment	2813
obtained pursuant to section 2929.223 of the Revised Code shall be	2814
paid into the treasury of the municipal corporation. If a person	2815
is confined for a felony and the court imposes a sanction under	2816
section 2929.18 of the Revised Code that requires the person to	2817
reimburse the costs of confinement, the village solicitor, city	2818
director of law, or other chief legal officer shall bring an	2819
action to recover the expenses of confinement in accordance with	2820
section 2929.18 of the Revised Code.	2821

(2) The legislative authority of the municipal corporation	2822
may adopt an ordinance specifying that a person who is convicted	2823
of a felony and who is confined in a prison or station house as	2824
provided in division (A) of this section is not required to	2825
reimburse the municipal corporation for its expenses incurred by	2826
reason of the person's confinement, including the expenses listed	2827
in division (B)(1) of this section. If the legislative authority	2828
adopts an ordinance of that nature, the legislative authority	2829
shall provide a copy to the court of common pleas of the county,	2830
and the court that sentences a person convicted of a felony shall	2831
not impose a sanction under section 2929.18 of the Revised Code	2832
that requires the person to reimburse the costs of the	2833
confinement.	2834

(C) In lieu of requiring offenders to reimburse the	2835
municipal corporation for expenses incurred by reason of the	2836
person's confinement under division (B) of this section, the	2837
legislative authority of the municipal corporation may adopt a	2838
prisoner reimbursement policy for the prison or station house	2839
under this division. The prison or station house administrator	2840
may appoint a reimbursement coordinator to administer the prisoner	2841
reimbursement policy. A prisoner reimbursement policy adopted	2842
under this division is a policy that requires a person confined to	2843
the prison or station house to reimburse the municipal corporation	2844
for any expenses it incurs by reason of the person's confinement	2845
in the prison or station house, which expenses may include, but	2846
are not limited to, the following:	2847

(1) A per diem fee for room and board of not more than sixty	2848
dollars per day or the actual per diem cost, whichever is less,	2849
for the entire period of time the person is confined to the prison	2850
or station house;	2851

(2) Actual charges for medical and dental treatment, and the	2852
fee for a random drug test assessed under division (E) of section	2853
753.33 of the Revised Code;	2854

(3) Reimbursement for municipal property damaged by the	2855
person while confined to the prison or station house.	2856

Rates charged shall be on a sliding scale determined by the	2857
legislative authority of the municipal corporation, based on the	2858
ability of the person confined to the prison or station house to	2859
pay and on consideration of any legal obligation of the person to	2860
support a spouse, minor children, or other dependents and any	2861
moral obligation to support dependents to whom the person is	2862
providing or has in fact provided support.	2863

The reimbursement coordinator or another appointed person may	2864
investigate the financial status of the confined person and obtain	2865
information necessary to investigate that status, by means that	2866
may include contacting employers and reviewing income tax records.	2867
The coordinator may work with the confined person to create a	2868
repayment plan to be implemented upon the person's release. At	2869
the end of the person's incarceration, the person shall be	2870
presented with a billing statement.	2871

The reimbursement coordinator or another appointed person may	2872
collect, or the legislative authority of the municipal corporation	2873
may enter into a contract with one or more public agencies or	2874
private vendors to collect, any amounts remaining unpaid. Within	2875
twelve months after the date of the confined person's release, the	2876
city director of law, village solicitor, or other attorney for the	2877
municipal corporation may file a civil action to seek	2878
reimbursement from that person for any billing amount that remains	2879
unpaid. The municipal corporation shall not enforce any judgment	2880
obtained under this section by means of execution against the	2881
person's homestead. For purposes of this section, "homestead" has	2882
the same meaning as in division (A) of section 323.151 of the	2883
Revised Code. Any reimbursement received under this section shall	2884
be credited to the general fund of the municipal corporation that	2885
bore the expense, to be used for general fund purposes.	2886

(D)(1) Notwithstanding any contrary provision in this	2887
section or section 2929.18 or 2929.223 of the Revised Code, the	2888
legislative authority of the municipal corporation may establish a	2889
policy that requires any person who is not indigent and who is	2890
confined in a prison or station house to pay a reasonable fee for	2891
any medical treatment or service requested by and provided to that	2892
person or to pay the fee for a random drug test assessed under	2893
division (E) of section 753.33 of the Revised Code. The fee for	2894
the medical treatment or service shall not exceed the actual cost	2895
of the treatment or service provided. No person confined to a	2896
prison or station house who is indigent shall be required to pay	2897
those fees, and no person confined to a prison or station house	2898
shall be denied any necessary medical care because of inability to	2899
pay those fees.	2900

Upon provision of the requested medical treatment or service	2901
or assessment of a fee for a random drug test, payment of the	2902
required fee may be automatically deducted from a person's account	2903
record in the prison or station house's business office. If the	2904
person has no funds in the person's account, a deduction may be	2905
made at a later date during the person's confinement in the prison	2906
or station house if funds later become available in the person's	2907
account. If the person is released from the prison or station	2908
house and has an unpaid balance of these fees, the legislative	2909
authority may bill the person for payment of the remaining unpaid	2910
fees. Fees received for medical treatment or services shall be	2911
paid into the commissary fund, if one has been created for the	2912
prison or station house, or if no such fund exists, into the	2913
municipal treasury.	2914

(2) If a person confined to a prison or station house is	2915
required under division (B) or (C) of this section or section	2916
2929.18 or 2929.223 of the Revised Code to reimburse the municipal	2917
corporation for expenses incurred by reason of the person's	2918
confinement to the prison or station house, any fees paid by the	2919
person under division (D)(1) of this section shall be deducted	2920
from the expenses required to be reimbursed under division (B) or	2921
(C) of this section or section 2929.18 or 2929.223 of the Revised	2922
Code.	2923

(E)(C) If a person who has been convicted of or pleaded	2924
guilty to an offense is sentenced to a term of imprisonment in a	2925
prison or station house as described in division (A) of this	2926
section, or if a person who has been arrested for an offense, and	2927
who has been denied bail or has had bail set and has not been	2928
released on bail is confined in a prison or station house as	2929
described in division (A) of this section pending trial, at the	2930
time of reception and at other times the person in charge of the	2931
operation of the prison or station house determines to be	2932
appropriate, the person in charge of the operation of the prison	2933
or station house may cause the convicted or accused offender to be	2934
examined and tested for tuberculosis, HIV infection, hepatitis,	2935
including, but not limited to, hepatitis A, B, and C, and other	2936
contagious diseases. The person in charge of the operation of the	2937
prison or station house may cause a convicted or accused offender	2938
in the prison or station house who refuses to be tested or treated	2939
for tuberculosis, HIV infection, hepatitis, including, but not	2940
limited to, hepatitis A, B, and C, or another contagious disease	2941
to be tested and treated involuntarily.	2942

Sec. 753.04.  (A) When a person over sixteen years of age is	2943
convicted of an offense under the law of this state or an	2944
ordinance of a municipal corporation, and the tribunal before	2945
which the conviction is had is authorized by law to commit the	2946
offender to the county jail or municipal corporation prison, the	2947
court, mayor, or judge of the county court, as the case may be,	2948
may sentence the offender to a workhouse.	2949

When a commitment is made from a municipal corporation or	2950
township in the county, other than in a municipal corporation	2951
having a workhouse, the legislative authority of the municipal	2952
corporation or the board of township trustees shall transmit with	2953
the mittimus a sum of money equal to not less than seventy cents	2954
per day for the time of the commitment, to be placed in the hands	2955
of the superintendent of a workhouse for the care and maintenance	2956
of the prisoner.	2957

(B)(1) ThePursuant to section 2929.29 of the Revised Code,	2958
the legislative authority of the municipal corporation or the	2959
board of township trustees may require a person who is convicted	2960
of an offense and who is confined in a workhouse as provided in	2961
division (A) of this section, to reimburse the municipal	2962
corporation or the township, as the case may be, for its expenses	2963
incurred by reason of the person's confinement, including, but not	2964
limited to, the expenses relating to the provision of food,	2965
clothing, shelter, medical care, personal hygiene products,	2966
including, but not limited to, toothpaste, toothbrushes, and	2967
feminine hygiene items, and up to two hours of overtime costs the	2968
sheriff or municipal corporation incurred relating to the trial of	2969
the person. The amount of reimbursement may be the actual cost of	2970
the prisoner's confinement plus the authorized trial overtime	2971
costs or a lesser amount determined by the legislative authority	2972
of the municipal corporation or board of township trustees,	2973
provided that the lesser amount shall be determined by a formula	2974
that is uniformly applied to persons incarcerated in the	2975
workhouse. The amount of reimbursement shall be determined by a	2976
court at a hearing held pursuant to section 2929.18 of the Revised	2977
Code if the person is confined for a felony or section 2929.223 of	2978
the Revised Code if the person is confined for a misdemeanor. The	2979
amount or amounts paid in reimbursement by a person confined for a	2980
misdemeanor or the amount recovered from a person confined for a	2981
misdemeanor by executing upon the judgment obtained pursuant to	2982
section 2929.223 of the Revised Code shall be paid into the	2983
treasury of the municipal corporation or township that incurred	2984
the expenses. If a person is confined for a felony and the court	2985
imposes a sanction under section 2929.18 of the Revised Code that	2986
requires the person to reimburse the costs of confinement, the	2987
city director of law, village solicitor, or other chief legal	2988
officer shall bring an action to recover the expenses of	2989
confinement in accordance with section 2929.18 of the Revised	2990
Code.	2991

(2) The legislative authority of a municipal corporation or	2992
the board of township trustees may adopt an ordinance or	2993
resolution specifying that a person who is convicted of a felony	2994
and who is confined in a workhouse as provided in division (A) of	2995
this section is not required to reimburse the municipal	2996
corporation or the township, as the case may be, for its expenses	2997
incurred by reason of the person's confinement, including the	2998
expenses listed in division (B)(1) of this section. If the	2999
legislative authority or board adopts a resolution of that nature,	3000
the legislative authority or board shall provide a copy to the	3001
court of common pleas of the county, and the court that sentences	3002
a person convicted of a felony shall not impose a sanction under	3003
section 2929.18 of the Revised Code that requires the person to	3004
reimburse the costs of the confinement.	3005

(C) In lieu of requiring offenders to reimburse the	3006
political subdivision for expenses incurred by reason of the	3007
person's confinement in a municipal workhouse under division (B)	3008
of this section or under division (C) of section 753.16 of the	3009
Revised Code, the legislative authority of the municipal	3010
corporation may adopt a prisoner reimbursement policy for the	3011
workhouse under this division. The legislative authority of the	3012
municipal corporation may appoint a reimbursement coordinator to	3013
administer the prisoner reimbursement policy. A prisoner	3014
reimbursement policy adopted under this division is a policy that	3015
requires a person confined to the municipal workhouse to reimburse	3016
any expenses it incurs by reason of the person's confinement in	3017
the workhouse, which expenses may include, but are not limited to,	3018
the following:	3019

(1) A per diem fee for room and board of not more than sixty	3020
dollars per day or the actual per diem cost, whichever is less,	3021
for the entire period of time the person is confined to the	3022
workhouse;	3023

(2) Actual charges for medical and dental treatment, and the	3024
fee for a random drug test assessed under division (E) of section	3025
753.33 of the Revised Code;	3026

(3) Reimbursement for municipal property damaged by the	3027
person while confined to the workhouse.	3028

Rates charged shall be on a sliding scale determined by the	3029
legislative authority of the municipal corporation based on the	3030
ability of the person confined to the workhouse to pay and on	3031
consideration of any legal obligation of the person to support a	3032
spouse, minor children, or other dependents and any moral	3033
obligation to support dependents to whom the person is providing	3034
or has in fact provided support.	3035

The reimbursement coordinator or another workhouse employee	3036
may investigate the financial status of the confined person and	3037
obtain information necessary to investigate that status, by means	3038
that may include contacting employers and reviewing income tax	3039
records. The coordinator may work with the confined person to	3040
create a repayment plan to be implemented upon the person's	3041
release. At the end of the person's incarceration, the person	3042
shall be presented with a billing statement.	3043

The reimbursement coordinator or another workhouse employee	3044
may collect, or the legislative authority of the municipal	3045
corporation may enter into a contract with one or more public	3046
agencies or private vendors to collect, any amounts remaining	3047
unpaid. Within twelve months after the date of the confined	3048
person's release, the city director of law, village solicitor, or	3049
other attorney for the municipal corporation may file a civil	3050
action to seek reimbursement from that person for any billing	3051
amount that remains unpaid. The municipal corporation shall not	3052
enforce any judgment obtained under this section by means of	3053
execution against the person's homestead. For purposes of this	3054
section, "homestead" has the same meaning as in division (A) of	3055
section 323.151 of the Revised Code. Any reimbursement received	3056
under this section shall be credited to the general fund of the	3057
political subdivision that bore the expense, to be used for	3058
general fund purposes.	3059

(D)(1) Notwithstanding any contrary provision in this	3060
section or section 2929.18 or 2929.223 of the Revised Code, the	3061
legislative authority of the municipal corporation or board of	3062
township trustees may establish a policy that requires any person	3063
who is not indigent and who is confined in the workhouse under	3064
division (A) of this section to pay a reasonable fee for any	3065
medical treatment or service requested by and provided to that	3066
person or to pay the fee for a random drug test assessed under	3067
division (E) of section 753.33 of the Revised Code. The fee for	3068
the medical treatment or service shall not exceed the actual cost	3069
of the treatment or service provided. No person confined to a	3070
workhouse who is indigent shall be required to pay those fees, and	3071
no person confined to a workhouse shall be denied any necessary	3072
medical care because of inability to pay those fees.	3073

Upon provision of the requested medical treatment or service	3074
or assessment of a fee for a random drug test, payment of the	3075
required fee may be automatically deducted from a person's account	3076
record in the workhouse's business office. If the person has no	3077
funds in the person's account, a deduction may be made at a later	3078
date during the person's confinement in the center if funds later	3079
become available in the person's account. If the person is	3080
released from the workhouse and has an unpaid balance of these	3081
fees, the legislative authority or board of township trustees may	3082
bill the person for payment of the remaining unpaid fees. Fees	3083
received for medical treatment or services shall be paid into the	3084
commissary fund, if one has been created for the workhouse, or if	3085
no such fund exists, into the treasury of the municipal	3086
corporation or township.	3087

(2) If a person confined to a workhouse under division (A)	3088
of this section is required under division (B) of this section or	3089
section 2929.18 or 2929.223 of the Revised Code to reimburse	3090
medical expenses incurred by reason of the person's confinement to	3091
the workhouse, any fees paid by the person under division (D)(1)	3092
of this section shall be deducted from the expenses required to be	3093
reimbursed under division (B) of this section or section 2929.18	3094
or 2929.223 of the Revised Code.	3095

(E)(C) If a person who has been convicted of or pleaded	3096
guilty to an offense is incarcerated in a workhouse or if a person	3097
who has been arrested for an offense, and who has not been denied	3098
bail or has had bail set and has not been released on bail is	3099
confined in a workhouse pending trial, at the time of reception	3100
and at other times the person in charge of the operation of the	3101
workhouse determines to be appropriate, the person in charge of	3102
the operation of the workhouse may cause the convicted or accused	3103
offender to be examined and tested for tuberculosis, HIV	3104
infection, hepatitis, including, but not limited to, hepatitis A,	3105
B, and C, and other contagious diseases. The person in charge of	3106
the operation of the workhouse may cause a convicted or accused	3107
offender in the workhouse who refuses to be tested or treated for	3108
tuberculosis, HIV infection, hepatitis, including, but not limited	3109
to, hepatitis A, B, and C, or another contagious disease to be	3110
tested and treated involuntarily.	3111

Sec. 753.16.  (A) Any city or district having a workhouse	3112
may receive as inmates of the workhouse persons sentenced or	3113
committed to it from counties other than the one in which the	3114
workhouse is situated, upon the terms and during the length of	3115
time agreed upon by the boards of county commissioners of those	3116
counties, or by the legislative authority of a municipal	3117
corporation in those counties and the legislative authority of the	3118
city, or the board of the district workhouse, or other authority	3119
having the management and control of the workhouse. Prisoners so	3120
received shall in all respects be and remain under the control of	3121
that authority, and shall be subject to the rules and discipline	3122
of the workhouse to which the other prisoners detained in the	3123
workhouse are subject.	3124

(B) Prior to the acceptance for housing into a jail or	3125
workhouse of persons who are designated by the department of	3126
rehabilitation and correction, who plead guilty to or are	3127
convicted of a felony of the fourth or fifth degree, and who	3128
satisfy the other requirements listed in section 5120.161 of the	3129
Revised Code, the legislative authority of a municipal corporation	3130
having a jail or workhouse, or the joint board managing and	3131
controlling a workhouse for the joint use of a municipal	3132
corporation and a county shall enter into an agreement with the	3133
department of rehabilitation and correction under section 5120.161	3134
of the Revised Code for the housing in the jail or workhouse of	3135
persons who are designated by the department, who plead guilty to	3136
or are convicted of a felony of the fourth or fifth degree, and	3137
who satisfy the other requirements listed in that section, in	3138
exchange for a per diem fee per person. Persons incarcerated in	3139
the jail or workhouse pursuant to an agreement of that nature	3140
shall be subject to supervision and control in the manner	3141
described in section 5120.161 of the Revised Code. This division	3142
does not affect the authority of a court to directly sentence a	3143
person who is convicted of or pleads guilty to a felony to the	3144
jail or workhouse in accordance with section 2929.16 of the	3145
Revised Code.	3146

(C)(1) ThePursuant to section 2929.29 of the Revised Code,	3147
the board of county commissioners, the legislative authority of	3148
the municipal corporation, or the board or other managing	3149
authority of the district workhouse may require a person who was	3150
convicted of an offense and who is confined in the workhouse as	3151
provided in division (A) of this section, to reimburse the county,	3152
municipal corporation, or district, as the case may be, for its	3153
expenses incurred by reason of the person's confinement,	3154
including, but not limited to, the expenses relating to the	3155
provision of food, clothing, shelter, medical care, personal	3156
hygiene products, including, but not limited to, toothpaste,	3157
toothbrushes, and feminine hygiene items, and up to two hours of	3158
overtime costs the sheriff or municipal corporation incurred	3159
relating to the trial of the person. The amount of reimbursement	3160
may be the actual cost of the person's confinement plus the	3161
authorized trial overtime costs or a lesser amount determined by	3162
the board of county commissioners for the county, the legislative	3163
authority of the municipal corporation, or the board or other	3164
managing authority of the district workhouse, provided that the	3165
lesser amount shall be determined by a formula that is uniformly	3166
applied to persons incarcerated in the workhouse. The amount of	3167
reimbursement shall be determined by a court at a hearing held	3168
pursuant to section 2929.18 of the Revised Code if the person is	3169
confined for a felony or section 2929.223 of the Revised Code if	3170
the person is confined for a misdemeanor. The amount or amounts	3171
paid in reimbursement by a person confined for a misdemeanor or	3172
the amount recovered from a person confined for a misdemeanor by	3173
executing upon the judgment obtained pursuant to section 2929.223	3174
of the Revised Code shall be paid into the treasury of the county,	3175
municipal corporation, or district that incurred the expenses. If	3176
a person is confined for a felony and the court imposes a sanction	3177
under section 2929.18 of the Revised Code that requires the person	3178
to reimburse the costs of confinement, the prosecuting attorney or	3179
municipal chief legal officer shall bring an action to recover the	3180
expenses of confinement in accordance with section 2929.18 of the	3181
Revised Code.	3182

(2) The board of county commissioners, the legislative	3183
authority of the municipal corporation, or the board or other	3184
managing authority of the district workhouse may adopt a	3185
resolution or ordinance specifying that a person who is convicted	3186
of a felony and who is confined in the workhouse as provided in	3187
division (A) of this section is not required to reimburse the	3188
county, municipal corporation, or district, as the case may be,	3189
for its expenses incurred by reason of the person's confinement,	3190
including the expenses listed in division (C)(1) of this section.	3191
If the board, legislative authority, or managing authority adopts	3192
a resolution of that nature, the board, legislative authority, or	3193
managing authority shall provide a copy to the court of common	3194
pleas of the county, and the court that sentences a person	3195
convicted of a felony shall not impose a sanction under section	3196
2929.18 of the Revised Code that requires the person to reimburse	3197
the costs of the confinement.	3198

(D)(1) Notwithstanding any contrary provision in this	3199
section or section 2929.223 of the Revised Code, the board of	3200
county commissioners, the legislative authority of a municipal	3201
corporation, or the board or other managing authority of the	3202
district workhouse may establish a policy that requires any person	3203
who is not indigent and who is confined in the jail or workhouse	3204
under division (A) or (B) of this section to pay a reasonable fee	3205
for any medical treatment or service requested by and provided to	3206
that person or to pay the fee for a random drug test assessed	3207
under division (E) of section 753.33 of the Revised Code. The fee	3208
for the medical treatment or service shall not exceed the actual	3209
cost of the treatment or service provided. No person who is	3210
indigent shall be required to pay those fees, and no person shall	3211
be denied any necessary medical care because of inability to pay	3212
those fees.	3213

Upon provision of the requested medical treatment or service	3214
or assessment of a fee for a random drug test, payment of the	3215
required fee may be automatically deducted from a person's account	3216
record in the jail or workhouse's business office. If the person	3217
has no funds in the person's account, a deduction may be made at a	3218
later date during the person's confinement in the jail or	3219
workhouse if funds later become available in that person's	3220
account. If the person is released from the jail or workhouse and	3221
has an unpaid balance of these fees, the board of county	3222
commissioners, the legislative authority of the municipal	3223
corporation, or the board or other managing authority of the	3224
district workhouse may bill the person for payment of the	3225
remaining unpaid fees. Fees received for medical treatment or	3226
services shall be paid into the commissary fund, if one has been	3227
created for the workhouse, or if no such fund exists, into the	3228
treasury of each applicable political subdivision.	3229

(2) If a person confined to a jail or workhouse is required	3230
under division (C) of this section or section 2929.18 or 2929.223	3231
of the Revised Code to reimburse medical expenses incurred by	3232
reason of the person's confinement to the jail or workhouse, any	3233
fees paid by the person under division (D)(1) of this section	3234
shall be deducted from the expenses required to be reimbursed	3235
under division (C) of this section or section 2929.18 or 2929.223	3236
of the Revised Code.	3237

(E)(D) If a person who has been convicted of or pleaded	3238
guilty to an offense is confined in the workhouse as provided in	3239
division (A) of this section or is incarcerated in the workhouse	3240
in the manner described in division (B) of this section, or if a	3241
person who has been arrested for an offense, and who has been	3242
denied bail or has had bail set and has not been released on bail	3243
is confined in the workhouse pending trial, at the time of	3244
reception and at other times the person in charge of the operation	3245
of the workhouse determines to be appropriate, the person in	3246
charge of the operation of the workhouse may cause the convicted	3247
or accused offender to be examined and tested for tuberculosis,	3248
HIV infection, hepatitis, including but not limited to hepatitis	3249
A, B, and C, and other contagious diseases. The person in charge	3250
of the operation of the workhouse may cause a convicted or accused	3251
offender in the workhouse who refuses to be tested or treated for	3252
tuberculosis, HIV infection, hepatitis, including but not limited	3253
to hepatitis A, B, and C, or another contagious disease to be	3254
tested and treated involuntarily.	3255

Sec. 1501.013.  (A) Subject to division (B) of this section,	3256
the director of natural resources may designate an employee of the	3257
department of natural resources as a natural resources law	3258
enforcement staff officer. Such an officer may do any or all of	3259
the following:	3260

(1) Coordinate the law enforcement activities, training, and	3261
policies of the department;	3262

(2) Serve as the department's liaison with other law	3263
enforcement agencies and jurisdictions and as the director's	3264
representative regarding law enforcement activities;	3265

(3) Conduct internal investigations of employees of the	3266
department as necessary;	3267

(4) Perform other functions related to the department's law	3268
enforcement activities, training, and policies that the director	3269
assigns to the officer.	3270

A natural resources law enforcement staff officer, on any	3271
lands or waters owned, controlled, maintained, or administered by	3272
the department, has the authority specified under section 2935.03	3273
of the Revised Code for peace officers of the department of	3274
natural resources to keep the peace, to enforce all laws and rules	3275
governing those lands and waters, and to make arrests for	3276
violation of those laws and rules.	3277

The governor, upon the recommendation of the director, shall	3278
issue to a natural resources law enforcement staff officer a	3279
commission indicating authority to make arrests as provided in	3280
division (A) of this section.	3281

The director shall furnish a suitable badge to a commissioned	3282
natural resources law enforcement staff officer as evidence of	3283
that officer's authority.	3284

(B)(1) As used in division (B) of this section, "felony" has	3285
the same meaning as in section 109.511 of the Revised Code.	3286

(2) The director shall not designate a person as a natural	3287
resources law enforcement staff officer under division (A) of this	3288
section on a permanent basis, on a temporary basis, for a	3289
probationary term, or on other than a permanent basis if the	3290
person previously has been convicted of or has pleaded guilty to a	3291
felony.	3292

(3) The director shall terminate the employment as a natural	3293
resources law enforcement staff officer of a person designated as	3294
such an officer if that person does either of the following:	3295

(a) Pleads guilty to a felony;

3296

(b) Pleads guilty to a misdemeanor pursuant to a negotiated	3297
plea agreement as provided in division (D) of section 2929.29	3298
2929.43 of the Revised Code in which the natural resources law	3299
enforcement staff officer agrees to surrender the certificate	3300
awarded to that officer under section 109.77 of the Revised Code.	3301

(4) The director shall suspend from employment as a natural	3302
resources law enforcement staff officer a person designated as	3303
such an officer if that person is convicted, after trial, of a	3304
felony. If the natural resources law enforcement staff officer	3305
files an appeal from that conviction and the conviction is upheld	3306
by the highest court to which the appeal is taken, or if the	3307
officer does not file a timely appeal, the director shall	3308
terminate the employment of the natural resources law enforcement	3309
staff officer. If the natural resources law enforcement staff	3310
officer files an appeal that results in the officer's acquittal of	3311
the felony or conviction of a misdemeanor, or in the dismissal of	3312
the felony charge against the officer, the director shall	3313
reinstate the natural resources law enforcement staff officer. A	3314
natural resources law enforcement staff officer who is reinstated	3315
under division (B)(4) of this section shall not receive any back	3316
pay unless the officer's conviction of the felony was reversed on	3317
appeal, or the felony charge was dismissed, because the court	3318
found insufficient evidence to convict the officer of the felony.	3319

(5) Division (B) of this section does not apply regarding an	3320
offense that was committed prior to January 1, 1999.	3321

(6) The suspension from employment, or the termination of	3322
the employment, of a natural resources law enforcement staff	3323
officer under division (B)(3) or (4) of this section shall be in	3324
accordance with Chapter 119. of the Revised Code.	3325

Sec. 1503.29.  (A) As used in this section, "felony" has the	3326
same meaning as in section 109.511 of the Revised Code.	3327

(B)(1) Subject to division (D) of this section, any person	3328
employed by the chief of the division of forestry for	3329
administrative service in a state forest may be designated by the	3330
chief and known as a forest officer. A forest officer, on any	3331
lands or waters owned, controlled, maintained, or administered by	3332
the department of natural resources and on highways, as defined in	3333
section 4511.01 of the Revised Code, adjacent to lands and waters	3334
owned, controlled, maintained, or administered by the division of	3335
forestry, has the authority specified under section 2935.03 of the	3336
Revised Code for peace officers of the department of natural	3337
resources to keep the peace, to enforce all laws and rules	3338
governing those lands and waters, and to make arrests for	3339
violation of those laws and rules, provided that the authority	3340
shall be exercised on lands or waters administered by another	3341
division of the department only pursuant to an agreement with the	3342
chief of that division or to a request for assistance by an	3343
enforcement officer of that division in an emergency.	3344

(2) A forest officer, in or along any watercourse within,	3345
abutting, or upstream from the boundary of any area administered	3346
by the department, has the authority to enforce section 3767.32 of	3347
the Revised Code and other laws prohibiting the dumping of refuse	3348
into or along waters and to make arrests for violation of those	3349
laws. The jurisdiction of forest officers shall be concurrent	3350
with that of the peace officers of the county, township, or	3351
municipal corporation in which the violation occurs.	3352

(3) A forest officer may enter upon private and public lands	3353
to investigate an alleged violation of, and may enforce, this	3354
chapter and sections 2909.02, 2909.03, and 2909.06 of the Revised	3355
Code when the alleged violation or other act pertains to forest	3356
fires.	3357

(C)(1) A forest officer may render assistance to a state or	3358
local law enforcement officer at the request of that officer or	3359
may render assistance to a state or local law enforcement officer	3360
in the event of an emergency. Forest officers serving outside the	3361
division of forestry under this section or serving under the terms	3362
of a mutual aid compact authorized under section 1501.02 of the	3363
Revised Code shall be considered as performing services within	3364
their regular employment for the purposes of compensation, pension	3365
or indemnity fund rights, workers' compensation, and other rights	3366
or benefits to which they may be entitled as incidents of their	3367
regular employment.	3368

(2) Forest officers serving outside the division of forestry	3369
under this section or under a mutual aid compact retain personal	3370
immunity from civil liability as specified in section 9.86 of the	3371
Revised Code and shall not be considered an employee of a	3372
political subdivision for purposes of Chapter 2744. of the Revised	3373
Code. A political subdivision that uses forest officers under	3374
this section or under the terms of a mutual aid compact authorized	3375
under section 1501.02 of the Revised Code is not subject to civil	3376
liability under Chapter 2744. of the Revised Code as the result of	3377
any action or omission of any forest officer acting under this	3378
section or under a mutual aid compact.	3379

(D)(1) The chief of the division of forestry shall not	3380
designate a person as a forest officer pursuant to division (B)(1)	3381
of this section on a permanent basis, on a temporary basis, for a	3382
probationary term, or on other than a permanent basis if the	3383
person previously has been convicted of or has pleaded guilty to a	3384
felony.	3385

(2)(a) The chief of the division of forestry shall terminate	3386
the employment as a forest officer of a person designated as a	3387
forest officer under division (B)(1) of this section if that	3388
person does either of the following:	3389

(i) Pleads guilty to a felony;

3390

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	3391
plea agreement as provided in division (D) of section 2929.29	3392
2929.43 of the Revised Code in which the forest officer agrees to	3393
surrender the certificate awarded to the forest officer under	3394
section 109.77 of the Revised Code.	3395

(b) The chief shall suspend from employment as a forest	3396
officer a person designated as a forest officer under division	3397
(B)(1) of this section if that person is convicted, after trial,	3398
of a felony. If the forest officer files an appeal from that	3399
conviction and the conviction is upheld by the highest court to	3400
which the appeal is taken or if the forest officer does not file a	3401
timely appeal, the chief shall terminate the employment of that	3402
forest officer. If the forest officer files an appeal that	3403
results in that forest officer's acquittal of the felony or	3404
conviction of a misdemeanor, or in the dismissal of the felony	3405
charge against the forest officer, the chief shall reinstate that	3406
forest officer. A forest officer who is reinstated under division	3407
(D)(2)(b) of this section shall not receive any back pay unless	3408
that forest officer's conviction of the felony was reversed on	3409
appeal, or the felony charge was dismissed, because the court	3410
found insufficient evidence to convict the forest officer of the	3411
felony.	3412

(3) Division (D) of this section does not apply regarding an	3413
offense that was committed prior to January 1, 1997.	3414

(4) The suspension from employment, or the termination of	3415
the employment, of a forest officer under division (D)(2) of this	3416
section shall be in accordance with Chapter 119. of the Revised	3417
Code.	3418

Sec. 1517.10.  (A) As used in this section, "felony" has the	3419
same meaning as in section 109.511 of the Revised Code.	3420

(B)(1) Any person selected by the chief of the division of	3421
natural areas and preserves for custodial or patrol service on the	3422
lands and waters operated or administered by the division shall be	3423
employed in conformity with the law applicable to the classified	3424
civil service of the state. Subject to division (C) of this	3425
section, the chief may designate that person as a preserve	3426
officer. A preserve officer, in any nature preserve, in any	3427
natural area owned or managed through easement, license, or lease	3428
by the department of natural resources and administered by the	3429
division, and on lands owned or managed through easement, license,	3430
or lease by the department and administered by the division that	3431
are within or adjacent to any wild, scenic, or recreational river	3432
area established under this chapter and along any trail	3433
established under Chapter 1519. of the Revised Code, has the	3434
authority specified under section 2935.03 of the Revised Code for	3435
peace officers of the department of natural resources to keep the	3436
peace, to enforce all laws and rules governing those lands and	3437
waters, and to make arrests for violation of those laws and rules,	3438
provided that the authority shall be exercised on lands or waters	3439
administered by another division of the department only pursuant	3440
to an agreement with the chief of that division or to a request	3441
for assistance by an enforcement officer of that division in an	3442
emergency. A preserve officer, in or along any watercourse	3443
within, abutting, or upstream from the boundary of any area	3444
administered by the department, has the authority to enforce	3445
section 3767.32 of the Revised Code and any other laws prohibiting	3446
the dumping of refuse into or along waters and to make arrests for	3447
violation of those laws. The jurisdiction of a preserve officer	3448
shall be concurrent with that of the peace officers of the county,	3449
township, or municipal corporation in which the violation occurs.	3450

The governor, upon the recommendation of the chief, shall	3451
issue to each preserve officer a commission indicating authority	3452
to make arrests as provided in this section.	3453

The chief shall furnish a suitable badge to each commissioned	3454
preserve officer as evidence of the preserve officer's authority.	3455

(2) If any person employed under this section is designated	3456
by the chief to act as an agent of the state in the collection of	3457
money resulting from the sale of licenses, fees of any nature, or	3458
other money belonging to the state, the chief shall require a	3459
surety bond from the person in an amount not less than one	3460
thousand dollars.	3461

(C)(1) The chief of the division of natural areas and	3462
preserves shall not designate a person as a preserve officer	3463
pursuant to division (B)(1) of this section on a permanent basis,	3464
on a temporary basis, for a probationary term, or on other than a	3465
permanent basis if the person previously has been convicted of or	3466
has pleaded guilty to a felony.	3467

(2)(a) The chief of the division of natural areas and	3468
preserves shall terminate the employment as a preserve officer of	3469
a person designated as a preserve officer under division (B)(1) of	3470
this section if that person does either of the following:	3471

(i) Pleads guilty to a felony;

3472

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	3473
plea agreement as provided in division (D) of section 2929.29	3474
2929.43 of the Revised Code in which the preserve officer agrees	3475
to surrender the certificate awarded to the preserve officer under	3476
section 109.77 of the Revised Code.	3477

(b) The chief shall suspend from employment as a preserve	3478
officer a person designated as a preserve officer under division	3479
(B)(1) of this section if that person is convicted, after trial,	3480
of a felony. If the preserve officer files an appeal from that	3481
conviction and the conviction is upheld by the highest court to	3482
which the appeal is taken or if the preserve officer does not file	3483
a timely appeal, the chief shall terminate the employment of that	3484
preserve officer. If the preserve officer files an appeal that	3485
results in the preserve officer's acquittal of the felony or	3486
conviction of a misdemeanor, or in the dismissal of the felony	3487
charge against the preserve officer, the chief shall reinstate	3488
that preserve officer. A preserve officer who is reinstated under	3489
division (C)(2)(b) of this section shall not receive any back pay	3490
unless that preserve officer's conviction of the felony was	3491
reversed on appeal, or the felony charge was dismissed, because	3492
the court found insufficient evidence to convict the preserve	3493
officer of the felony.	3494

(3) Division (C) of this section does not apply regarding an	3495
offense that was committed prior to January 1, 1997.	3496

(4) The suspension from employment, or the termination of	3497
the employment, of a preserve officer under division (C)(2) of	3498
this section shall be in accordance with Chapter 119. of the	3499
Revised Code.	3500

Sec. 1531.132.  (A) As used in this section, "felony" has	3501
the same meaning as in section 109.511 of the Revised Code.	3502

(B)(1) The chief of the division of wildlife shall not	3503
designate a person as a game protector on a permanent basis, on a	3504
temporary basis, for a probationary term, or on other than a	3505
permanent basis if the person previously has been convicted of or	3506
has pleaded guilty to a felony.	3507

(2)(a) The chief of the division of wildlife shall terminate	3508
the employment of a person as a game protector if that person does	3509
either of the following:	3510

(i) Pleads guilty to a felony;

3511

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	3512
plea agreement as provided in division (D) of section 2929.29	3513
2929.43 of the Revised Code in which the game protector agrees to	3514
surrender the certificate awarded to the game protector under	3515
section 109.77 of the Revised Code.	3516

(b) The chief shall suspend from employment as a game	3517
protector a person designated as a game protector if that person	3518
is convicted, after trial, of a felony. If the game protector	3519
files an appeal from that conviction and the conviction is upheld	3520
by the highest court to which the appeal is taken or if the game	3521
protector does not file a timely appeal, the chief shall terminate	3522
the employment of that game protector. If the game protector	3523
files an appeal that results in the game protector's acquittal of	3524
the felony or conviction of a misdemeanor, or in the dismissal of	3525
the felony charge against the game protector, the chief shall	3526
reinstate that game protector. A game protector who is reinstated	3527
under division (B)(2)(b) of this section shall not receive any	3528
back pay unless that game protector's conviction of the felony was	3529
reversed on appeal, or the felony charge was dismissed, because	3530
the court found insufficient evidence to convict the game	3531
protector of the felony.	3532

(3) Division (B) of this section does not apply regarding an	3533
offense that was committed prior to January 1, 1997.	3534

(4) The suspension from employment, or the termination of	3535
the employment, of a game protector under division (B)(2) of this	3536
section shall be in accordance with Chapter 119. of the Revised	3537
Code.	3538

Sec. 1541.11.  (A) As used in this section, "felony" has the	3539
same meaning as in section 109.511 of the Revised Code.	3540

(B)(1) The chief of the division of parks and recreation	3541
shall not designate a person as a park officer under section	3542
1541.10 of the Revised Code on a permanent basis, on a temporary	3543
basis, for a probationary term, or on other than a permanent basis	3544
if the person previously has been convicted of or has pleaded	3545
guilty to a felony.	3546

(2)(a) The chief of the division of parks and recreation	3547
shall terminate the employment as a park officer of a person	3548
designated as a park officer under section 1541.10 of the Revised	3549
Code if that person does either of the following:	3550

(i) Pleads guilty to a felony;

3551

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	3552
plea agreement as provided in division (D) of section 2929.29	3553
2929.43 of the Revised Code in which the park officer agrees to	3554
surrender the certificate awarded to the park officer under	3555
section 109.77 of the Revised Code.	3556

(b) The chief shall suspend from employment as a park	3557
officer a person designated as a park officer if that person is	3558
convicted, after trial, of a felony. If the park officer files an	3559
appeal from that conviction and the conviction is upheld by the	3560
highest court to which the appeal is taken or if the park officer	3561
does not file a timely appeal, the chief shall terminate the	3562
employment of that park officer. If the park officer files an	3563
appeal that results in the park officer's acquittal of the felony	3564
or conviction of a misdemeanor, or in the dismissal of the felony	3565
charge against the park officer, the chief shall reinstate that	3566
park officer. A park officer who is reinstated under division	3567
(B)(2)(b) of this section shall not receive any back pay unless	3568
that park officer's conviction of the felony was reversed on	3569
appeal, or the felony charge was dismissed, because the court	3570
found insufficient evidence to convict the park officer of the	3571
felony.	3572

(3) Division (B) of this section does not apply regarding an	3573
offense that was committed prior to January 1, 1997.	3574

(4) The suspension from employment, or the termination of	3575
the employment, of a park officer under division (B)(2) of this	3576
section shall be in in accordance with Chapter 119. of the Revised	3577
Code.	3578

Sec. 1545.13.  (A) As used in this section, "felony" has the	3579
same meaning as in section 109.511 of the Revised Code.	3580

(B) The employees that the board of park commissioners	3581
designates for that purpose may exercise all the powers of police	3582
officers within and adjacent to the lands under the jurisdiction	3583
and control of the board or when acting as authorized by section	3584
1545.131 or 1545.132 of the Revised Code. Before exercising the	3585
powers of police officers, the designated employees shall comply	3586
with the certification requirement established in section 109.77	3587
of the Revised Code, take an oath, and give a bond to the state in	3588
the sum that the board prescribes, for the proper performance of	3589
their duties in that respect. This division is subject to division	3590
(C) of this section.	3591

(C)(1) The board of park commissioners shall not designate	3592
an employee as provided in division (B) of this section on a	3593
permanent basis, on a temporary basis, for a probationary term, or	3594
on other than a permanent basis if the employee previously has	3595
been convicted of or has pleaded guilty to a felony.	3596

(2)(a) The board of park commissioners shall terminate the	3597
employment of an employee designated as provided in division (B)	3598
of this section if the employee does either of the following:	3599

(i) Pleads guilty to a felony;

3600

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	3601
plea agreement as provided in division (D) of section 2929.29	3602
2929.43 of the Revised Code in which the employee agrees to	3603
surrender the certificate awarded to the employee under section	3604
109.77 of the Revised Code.	3605

(b) The board shall suspend from employment an employee	3606
designated as provided in division (B) of this section if the	3607
employee is convicted, after trial, of a felony. If the employee	3608
files an appeal from that conviction and the conviction is upheld	3609
by the highest court to which the appeal is taken or if the	3610
employee does not file a timely appeal, the board shall terminate	3611
the employment of that employee. If the employee files an appeal	3612
that results in the employee's acquittal of the felony or	3613
conviction of a misdemeanor, or in the dismissal of the felony	3614
charge against the employee, the board shall reinstate that	3615
employee. An employee who is reinstated under division (C)(2)(b)	3616
of this section shall not receive any back pay unless that	3617
employee's conviction of the felony was reversed on appeal, or the	3618
felony charge was dismissed, because the court found insufficient	3619
evidence to convict the employee of the felony.	3620

(3) Division (C) of this section does not apply regarding an	3621
offense that was committed prior to January 1, 1995.	3622

(4) The suspension from employment, or the termination of	3623
the employment, of an employee under division (C)(2) of this	3624
section shall be in accordance with Chapter 119. of the Revised	3625
Code.	3626

Sec. 1547.523.  (A) As used in this section, "felony" has	3627
the same meaning as in section 109.511 of the Revised Code.	3628

(B)(1) The chief of the division of watercraft shall not	3629
appoint a person as a state watercraft officer on a permanent	3630
basis, on a temporary basis, for a probationary term, or on other	3631
than a permanent basis if the person previously has been convicted	3632
of or has pleaded guilty to a felony.	3633

(2)(a) The chief of the division of watercraft shall	3634
terminate the employment of a state watercraft officer who does	3635
either of the following:	3636

(i) Pleads guilty to a felony;

3637

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	3638
plea agreement as provided in division (D) of section 2929.29	3639
2929.43 of the Revised Code in which the state watercraft officer	3640
agrees to surrender the certificate awarded to that officer under	3641
section 109.77 of the Revised Code.	3642

(b) The chief shall suspend from employment a state	3643
watercraft officer who is convicted, after trial, of a felony. If	3644
the state watercraft officer files an appeal from that conviction	3645
and the conviction is upheld by the highest court to which the	3646
appeal is taken or if the state watercraft officer does not file a	3647
timely appeal, the chief shall terminate the employment of that	3648
state watercraft officer. If the state watercraft officer files	3649
an appeal that results in the state watercraft officer's acquittal	3650
of the felony or conviction of a misdemeanor, or in the dismissal	3651
of the felony charge against the state watercraft officer, the	3652
chief shall reinstate that state watercraft officer. A state	3653
watercraft officer who is reinstated under division (B)(2)(b) of	3654
this section shall not receive any back pay unless that state	3655
watercraft officer's conviction of the felony was reversed on	3656
appeal, or the felony charge was dismissed, because the court	3657
found insufficient evidence to convict the state watercraft	3658
officer of the felony.	3659

(3) Division (B) of this section does not apply regarding an	3660
offense that was committed prior to January 1, 1997.	3661

(4) The suspension from employment, or the termination of	3662
the employment, of a state watercraft officer under division	3663
(B)(2) of this section shall be in accordance with Chapter 119. of	3664
the Revised Code.	3665

Sec. 1547.99.  (A) Whoever violates section 1547.91 of the	3666
Revised Code is guilty of a felony of the fourth degree.	3667

(B) Whoever violates section 1547.10, division (I) of	3668
section 1547.111, section 1547.13, or section 1547.66 of the	3669
Revised Code is guilty of a misdemeanor of the first degree.	3670

(C) Whoever violates a provision of this chapter or a rule	3671
adopted thereunder, for which no penalty is otherwise provided, is	3672
guilty of a minor misdemeanor.	3673

(D) Whoever violates section 1547.07 or 1547.12 of the	3674
Revised Code without causing injury to persons or damage to	3675
property is guilty of a misdemeanor of the fourth degree.	3676

(E) Whoever violates section 1547.07 or 1547.12 of the	3677
Revised Code causing injury to persons or damage to property is	3678
guilty of a misdemeanor of the third degree.	3679

(F) Whoever violates division (M) of section 1547.54,	3680
division (G) of section 1547.30, or section 1547.131, 1547.25,	3681
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the	3682
Revised Code or a rule adopted under division (A)(2) of section	3683
1547.52 of the Revised Code is guilty of a misdemeanor of the	3684
fourth degree.	3685

(G) Whoever violates section 1547.11 of the Revised Code is	3686
guilty of a misdemeanor of the first degree and shall be punished	3687
as provided in division (G)(1), (2), or (3) of this section.	3688

(1) Except as otherwise provided in division (G)(2) or (3)	3689
of this section, the court shall sentence the offender to a jail	3690
term of imprisonment of three consecutive days and may sentence	3691
the offender pursuant to section 2929.212929.24 of the Revised	3692
Code to a longer jail term of imprisonment. In addition, the	3693
court shall impose upon the offender a fine of not less than one	3694
hundred fifty nor more than one thousand dollars.	3695

The court may suspend the execution of the mandatory jail	3696
term of three consecutive days of imprisonment that it is required	3697
to impose by division (G)(1) of this section if the court, in lieu	3698
of the suspended jail term of imprisonment, places the offender on	3699
probationunder a community control sanction pursuant to section	3700
2929.25 of the Revised Code and requires the offender to attend,	3701
for three consecutive days, a drivers' intervention program that	3702
is certified pursuant to section 3793.10 of the Revised Code. The	3703
court also may suspend the execution of any part of the mandatory	3704
jail term of three consecutive days of imprisonment that it is	3705
required to impose by division (G)(1) of this section if the court	3706
places the offender on probationunder a community control	3707
sanction pursuant to section 2929.25 of the Revised Code for part	3708
of the three consecutive days; requires the offender to attend,	3709
for that part of the three consecutive days, a drivers'	3710
intervention program that is certified pursuant to section 3793.10	3711
of the Revised Code; and sentences the offender to a jail term of	3712
imprisonment equal to the remainder of the three consecutive days	3713
that the offender does not spend attending the drivers'	3714
intervention program. The court may require the offender, as a	3715
condition of probationcommunity control, to attend and	3716
satisfactorily complete any treatment or education programs, in	3717
addition to the required attendance at a drivers' intervention	3718
program, that the operators of the drivers' intervention program	3719
determine that the offender should attend and to report	3720
periodically to the court on the offender's progress in the	3721
programs. The court also may impose any other conditions of	3722
probationcommunity control on the offender that it considers	3723
necessary.	3724

(2) If, within five years of the offense, the offender has	3725
been convicted of or pleaded guilty to one violation of section	3726
1547.11 of the Revised Code, of a municipal ordinance relating to	3727
operating a watercraft or manipulating any water skis, aquaplane,	3728
or similar device while under the influence of alcohol, a drug of	3729
abuse, or alcohol and a drug of abuse, of a municipal ordinance	3730
relating to operating a watercraft or manipulating any water skis,	3731
aquaplane, or similar device with a prohibited concentration of	3732
alcohol in the blood, breath, or urine, of division (A)(1) of	3733
section 2903.06 of the Revised Code, or of division (A)(2), (3),	3734
or (4) of section 2903.06 of the Revised Code or former section	3735
2903.06 or 2903.07 of the Revised Code in a case in which the jury	3736
or judge found that the offender was under the influence of	3737
alcohol, a drug of abuse, or alcohol and a drug of abuse, the	3738
court shall sentence the offender to a jail term of imprisonment	3739
of ten consecutive days and may sentence the offender pursuant to	3740
section 2929.212929.24 of the Revised Code to a longer jail term	3741
of imprisonment. In addition, the court shall impose upon the	3742
offender a fine of not less than one hundred fifty nor more than	3743
one thousand dollars.	3744

In addition to any other sentence that it imposes upon the	3745
offender, the court may require the offender to attend a drivers'	3746
intervention program that is certified pursuant to section 3793.10	3747
of the Revised Code.	3748

(3) If, within five years of the offense, the offender has	3749
been convicted of or pleaded guilty to more than one violation	3750
identified in division (G)(2) of this section, the court shall	3751
sentence the offender to a jail term of imprisonment of thirty	3752
consecutive days and may sentence the offender to a longer jail	3753
term of imprisonment of not more than one year. In addition, the	3754
court shall impose upon the offender a fine of not less than one	3755
hundred fifty nor more than one thousand dollars.	3756

In addition to any other sentence that it imposes upon the	3757
offender, the court may require the offender to attend a drivers'	3758
intervention program that is certified pursuant to section 3793.10	3759
of the Revised Code.	3760

(4) Upon a showing that imprisonmentserving a jail term	3761
would seriously affect the ability of an offender sentenced	3762
pursuant to division (G)(1), (2), or (3) of this section to	3763
continue the offender's employment, the court may authorize that	3764
the offender be granted work release from imprisonment after the	3765
offender has served the mandatory jail term of three, ten, or	3766
thirty consecutive days of imprisonment that the court is required	3767
by division (G)(1), (2), or (3) of this section to impose. No	3768
court shall authorize work release from imprisonment during the	3769
mandatory jail term of three, ten, or thirty consecutive days of	3770
imprisonment that the court is required by division (G)(1), (2),	3771
or (3) of this section to impose. The duration of the work	3772
release shall not exceed the time necessary each day for the	3773
offender to commute to and from the place of employment and the	3774
place of imprisonmentin which the jail term is served and the	3775
time actually spent under employment.	3776

(5) Notwithstanding any section of the Revised Code that	3777
authorizes the suspension of the imposition or execution of a	3778
sentence or the placement of an offender in any treatment program	3779
in lieu of imprisonment, no court shall suspend the mandatory jail	3780
term of ten or thirty consecutive days of imprisonment required to	3781
be imposed by division (G)(2) or (3) of this section or place an	3782
offender who is sentenced pursuant to division (G)(2) or (3) of	3783
this section in any treatment program in lieu of imprisonment	3784
until after the offender has served the mandatory jail term of ten	3785
or thirty consecutive days of imprisonment required to be imposed	3786
pursuant to division (G)(2) or (3) of this section.	3787
Notwithstanding any section of the Revised Code that authorizes	3788
the suspension of the imposition or execution of a sentence or the	3789
placement of an offender in any treatment program in lieu of	3790
imprisonment, no court, except as specifically authorized by	3791
division (G)(1) of this section, shall suspend the mandatory jail	3792
term of three consecutive days of imprisonment required to be	3793
imposed by division (G)(1) of this section or place an offender	3794
who is sentenced pursuant to division (G)(1) of this section in	3795
any treatment program in lieu of imprisonment until after the	3796
offender has served the mandatory jail term of three consecutive	3797
days of imprisonment required to be imposed pursuant to division	3798
(G)(1) of this section.	3799

(H) Whoever violates section 1547.304 of the Revised Code is	3800
guilty of a misdemeanor of the fourth degree and also shall be	3801
assessed any costs incurred by the state or a county, township,	3802
municipal corporation, or other political subdivision in disposing	3803
of an abandoned junk vessel or outboard motor, less any money	3804
accruing to the state, county, township, municipal corporation, or	3805
other political subdivision from that disposal.	3806

(I) Whoever violates division (B) or (C) of section 1547.49	3807
of the Revised Code is guilty of a minor misdemeanor.	3808

(J) Whoever violates section 1547.31 of the Revised Code is	3809
guilty of a misdemeanor of the fourth degree on a first offense.	3810
On each subsequent offense, the person is guilty of a misdemeanor	3811
of the third degree.	3812

(K) Whoever violates section 1547.05 or 1547.051 of the	3813
Revised Code is guilty of a misdemeanor of the fourth degree if	3814
the violation is not related to a collision, injury to a person,	3815
or damage to property and a misdemeanor of the third degree if the	3816
violation is related to a collision, injury to a person, or damage	3817
to property.	3818

(L) The sentencing court, in addition to the penalty	3819
provided under this section for a violation of this chapter or a	3820
rule adopted under it that involves a powercraft powered by more	3821
than ten horsepower and that, in the opinion of the court,	3822
involves a threat to the safety of persons or property, shall	3823
order the offender to complete successfully a boating course	3824
approved by the national association of state boating law	3825
administrators before the offender is allowed to operate a	3826
powercraft powered by more than ten horsepower on the waters in	3827
this state. Violation of a court order entered under this	3828
division is punishable as contempt under Chapter 2705. of the	3829
Revised Code.	3830

Sec. 1702.80.  (A) As used in this section:

3831

(1) "Qualified nonprofit corporation" means a nonprofit	3832
corporation that is established under this chapter and to which	3833
all of the following apply:	3834

(a) The nonprofit corporation is a tax-exempt charitable	3835
organization;	3836

(b) The nonprofit corporation has other organizations as	3837
members, and at least twenty of its members are tax-exempt	3838
charitable organizations;	3839

(c) The nonprofit corporation, together with its members	3840
that are organizations, owns, leases, occupies, or uses an area of	3841
not less than three hundred acres within which its police	3842
department established under division (B) of this section will	3843
provide police services;	3844

(d) The chief of police of each municipal corporation within	3845
which the police department of the nonprofit corporation will be	3846
eligible to provide police services has given approval for persons	3847
who are appointed as police officers of that department to carry	3848
out their powers and duties as police officers.	3849

(2) "Authorizing agreement" means the written agreement	3850
entered into between a qualified nonprofit corporation and a	3851
municipal corporation pursuant to division (B) of this section for	3852
the provision of police services within the municipal corporation	3853
by the police department of the nonprofit corporation established	3854
under division (B) of this section.	3855

(3) "Tax exempt" means that a corporation or organization is	3856
exempt from federal income taxation under subsection 501(a) and is	3857
described in subsection 501(c)(3) of the Internal Revenue Code,	3858
and that the corporation or organization has received from the	3859
internal revenue service a determination letter that currently is	3860
in effect stating that the corporation or organization is exempt	3861
from federal income taxation under that subsection and is	3862
described in that subsection.	3863

(4) "Internal Revenue Code" means the "Internal Revenue Code	3864
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	3865

(5) "Felony" has the same meaning as in section 109.511 of	3866
the Revised Code.	3867

(B) A qualified nonprofit corporation may establish a police	3868
department to provide police services, subject to the requirements	3869
and limitations set forth in this division and divisions (C) and	3870
(D) of this section, within one or more municipal corporations.	3871
Subject to division (E) of this section, the board of trustees of	3872
a qualified nonprofit corporation that establishes a police	3873
department may appoint persons as police officers of the	3874
department, and the corporation may employ the persons so	3875
appointed as police officers.	3876

A person so appointed and employed as a police officer is	3877
authorized to act as a police officer only to the extent and in	3878
the manner described in this section and only when directly	3879
engaged in the discharge of that person's duties as a police	3880
officer for the qualified nonprofit corporation. No person so	3881
appointed and employed as a police officer shall engage in any	3882
duties or activities as a police officer for a police department	3883
established by a qualified nonprofit corporation unless both of	3884
the following apply:	3885

(1) The person successfully has completed a training program	3886
approved by the Ohio peace officer training commission and has	3887
been certified by the commission as having successfully completed	3888
the training program, or the person previously has successfully	3889
completed a police officer basic training program certified by the	3890
commission and has been awarded a certificate to that effect by	3891
the commission.	3892

(2) The qualified nonprofit corporation has entered into a	3893
written authorizing agreement, as described in division (C) of	3894
this section, with the chief of police of each municipal	3895
corporation within which the police department of the qualified	3896
nonprofit corporation will provide police services.	3897

(C) An authorizing agreement entered into between a	3898
qualified nonprofit corporation and a chief of police of a	3899
municipal corporation shall apply only to the agreeing municipal	3900
corporation, and a separate authorizing agreement shall be entered	3901
into for each municipal corporation within which the police	3902
department of the qualified nonprofit corporation will provide	3903
police services. An authorizing agreement shall not require, or	3904
contain any provision granting authority to, the chief of police	3905
or any other officer, official, or employee of the municipal	3906
corporation that enters into the agreement, to appoint or to	3907
approve or disapprove the appointment of any police officer	3908
appointed and employed by the qualified nonprofit corporation	3909
police department under division (B) of this section. An	3910
authorizing agreement shall comply with any statutes and with any	3911
municipal charter provisions, ordinances, or resolutions that may	3912
apply to it. An authorizing agreement may prescribe, but is not	3913
limited to, any of the following:	3914

(1) The geographical territory within the municipal	3915
corporation in which the police department established by the	3916
qualified nonprofit corporation under division (B) of this section	3917
may provide police services;	3918

(2) The standards and criteria to govern the interaction	3919
between the police officers employed by the police department	3920
established by the qualified nonprofit corporation under division	3921
(B) of this section and the law enforcement officers employed by	3922
the municipal corporation, which standards and criteria may	3923
include, but are not limited to, either of the following:	3924

(a) Provisions governing the reporting of offenses	3925
discovered by the police officers employed by the qualified	3926
nonprofit corporation police department to the police department	3927
of the municipal corporation;	3928

(b) Provisions governing the processing and confinement of	3929
persons arrested by police officers of the qualified nonprofit	3930
corporation police department.	3931

(3) Any limitation on the qualified nonprofit corporation	3932
police department's enforcement of municipal traffic ordinances	3933
and regulations;	3934

(4) The duration, if any, of the agreement.

3935

(D) If a qualified nonprofit corporation establishes a	3936
police department under this section, the qualified nonprofit	3937
corporation, within the geographical territory specified for each	3938
municipal corporation that has entered into an authorizing	3939
agreement with it, concurrently with the municipal corporation,	3940
shall preserve the peace, protect persons and property, enforce	3941
the laws of the state, and enforce the charter provisions,	3942
ordinances, and regulations of the political subdivisions of the	3943
state that apply within that territory. Except as limited by the	3944
terms of any applicable authorizing agreement, each police officer	3945
who is employed by a police department established by a qualified	3946
nonprofit corporation and who satisfies the requirement set forth	3947
in division (B)(1) of this section is vested, while directly in	3948
the discharge of that police officer's duties as a police officer,	3949
with the same powers and authority as are vested in a police	3950
officer of a municipal corporation under Title XXIX of the Revised	3951
Code and the Rules of Criminal Procedure, and with the same powers	3952
and authority, including the operation of a public safety vehicle,	3953
as are vested in a police officer of a municipal corporation under	3954
Chapter 4511. of the Revised Code.	3955

(E)(1) The board of trustees of a qualified nonprofit	3956
corporation that establishes a police department shall not appoint	3957
a person as a police officer of the department pursuant to	3958
division (B) of this section on a permanent basis, on a temporary	3959
basis, for a probationary term, or on other than a permanent basis	3960
if the person previously has been convicted of or has pleaded	3961
guilty to a felony.	3962

(2)(a) The board of trustees of a qualified nonprofit	3963
corporation shall terminate the employment of a police officer of	3964
its police department appointed under division (B) of this section	3965
if the police officer does either of the following:	3966

(i) Pleads guilty to a felony;

3967

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	3968
plea agreement as provided in division (D) of section 2929.29	3969
2929.43 of the Revised Code in which the police officer agrees to	3970
surrender the certificate awarded to the police officer under	3971
section 109.77 of the Revised Code.	3972

(b) The board of trustees of a qualified nonprofit	3973
corporation shall suspend from employment a police officer of its	3974
police department appointed under division (B) of this section if	3975
the police officer is convicted, after trial, of a felony. If the	3976
police officer files an appeal from that conviction and the	3977
conviction is upheld by the highest court to which the appeal is	3978
taken or if the police officer does not file a timely appeal, the	3979
board shall terminate the employment of that police officer. If	3980
the police officer files an appeal that results in the police	3981
officer's acquittal of the felony or conviction of a misdemeanor,	3982
or in the dismissal of the felony charge against the police	3983
officer, the board shall reinstate that police officer. A police	3984
officer who is reinstated under division (E)(2)(b) of this section	3985
shall not receive any back pay unless that police officer's	3986
conviction of the felony was reversed on appeal, or the felony	3987
charge was dismissed, because the court found insufficient	3988
evidence to convict the police officer of the felony.	3989

(3) Division (E) of this section does not apply regarding an	3990
offense that was committed prior to January 1, 1997.	3991

(4) The suspension from employment, or the termination of	3992
the employment, of a police officer under division (E)(2) of this	3993
section shall be in accordance with Chapter 119. of the Revised	3994
Code.	3995

Sec. 1713.50.  (A) As used in this section:

3996

(1) "Political subdivision" means a county, municipal	3997
corporation, or township.	3998

(2) "Private college or university" means a college or	3999
university that has all of the following characteristics:	4000

(a) It is not owned or controlled by the state or any	4001
political subdivision of the state.	4002

(b) It provides a program of education in residence leading	4003
to a baccalaureate degree or provides a program of education in	4004
residence, for which the baccalaureate degree is a prerequisite,	4005
leading to an academic or professional degree.	4006

(c) It is accredited by the north central association or	4007
another nationally recognized agency that accredits colleges and	4008
universities.	4009

(3) "Felony" has the same meaning as in section 109.511 of	4010
the Revised Code.	4011

(B) The board of trustees of a private college or university	4012
may establish a campus police department and appoint members of	4013
the campus police department to act as police officers. The board	4014
shall assign duties to the members of a campus police department	4015
that shall include the enforcement of the regulations of the	4016
college or university. Subject to division (E) of this section,	4017
the board shall appoint as members of a campus police department	4018
only those persons who have successfully completed a training	4019
program approved by the Ohio peace officer training commission and	4020
have been certified as having done so or who have previously	4021
successfully completed a police officer basic training program	4022
certified by the commission and have been awarded a certificate to	4023
that effect by the commission.	4024

Members of a campus police department shall not be reimbursed	4025
with state funds for any training they receive or be eligible to	4026
participate in any state or municipal retirement system. The	4027
uniforms, vehicles, and badges of members of a campus police	4028
department shall be distinct from those of the law enforcement	4029
agencies of the political subdivisions in which the private	4030
college or university that established the campus police	4031
department is located.	4032

(C) Each member of a campus police department appointed	4033
under division (B) of this section is vested, while directly in	4034
the discharge of that member's duties as a police officer, with	4035
the same powers and authority that are vested in a police officer	4036
of a municipal corporation or a county sheriff under Title XXIX of	4037
the Revised Code and the Rules of Criminal Procedure, including	4038
the same powers and authority relating to the operation of a	4039
public safety vehicle that are vested in a police officer of a	4040
municipal corporation or a county sheriff under Chapter 4511. of	4041
the Revised Code. Except as otherwise provided in this division,	4042
members of a campus police department may exercise, concurrently	4043
with the law enforcement officers of the political subdivisions in	4044
which the private college or university is located, the powers and	4045
authority granted to them under this division in order to preserve	4046
the peace, protect persons and property, enforce the laws of this	4047
state, and enforce the ordinances and regulations of the political	4048
subdivisions in which the private college or university is	4049
located, but only on the property of the private college or	4050
university that employs them. The board of trustees of a private	4051
college or university may enter into an agreement with any	4052
political subdivision pursuant to which the members of the campus	4053
police department of the college or university may exercise within	4054
that political subdivision, but outside the property of the	4055
college or university, the powers and authority granted to them	4056
under this division. A member of a campus police department has	4057
no authority to serve civil process.	4058

(D) Except as otherwise provided in this division, the board	4059
of trustees of a private college or university shall provide to	4060
each member of a campus police department appointed under division	4061
(B) of this section, without cost to the member, liability	4062
insurance coverage that insures the member against any liability	4063
that may arise out of or in the course of the member's employment	4064
and that is in an amount of not less than two hundred fifty	4065
thousand dollars. A board of trustees may provide the liability	4066
coverage required by this division by self-insurance.	4067

(E)(1) The board of trustees of a private college or	4068
university that establishes a campus police department shall not	4069
appoint a person as a member of the campus police department	4070
pursuant to division (B) of this section on a permanent basis, on	4071
a temporary basis, for a probationary term, or on other than a	4072
permanent basis if the person previously has been convicted of or	4073
has pleaded guilty to a felony.	4074

(2)(a) The board of trustees of a private college or	4075
university shall terminate the employment of a member of its	4076
campus police department appointed under division (B) of this	4077
section if the member does either of the following:	4078

(i) Pleads guilty to a felony;

4079

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	4080
plea agreement as provided in division (D) of section 2929.29	4081
2929.43 of the Revised Code in which the member agrees to	4082
surrender the certificate awarded to that member under section	4083
109.77 of the Revised Code.	4084

(b) The board of trustees of a private college or university	4085
shall suspend from employment a member of its campus police	4086
department appointed under division (B) of this section if the	4087
member is convicted, after trial, of a felony. If the member of	4088
the campus police department files an appeal from that conviction	4089
and the conviction is upheld by the highest court to which the	4090
appeal is taken or if the member does not file a timely appeal,	4091
the board shall terminate the employment of that member. If the	4092
member of the campus police department files an appeal that	4093
results in that member's acquittal of the felony or conviction of	4094
a misdemeanor, or in the dismissal of the felony charge against	4095
that member, the board shall reinstate that member. A member of a	4096
campus police department who is reinstated under division	4097
(E)(2)(b) of this section shall not receive any back pay unless	4098
that member's conviction of the felony was reversed on appeal, or	4099
the felony charge was dismissed, because the court found	4100
insufficient evidence to convict the member of the felony.	4101

(3) Division (E) of this section does not apply regarding an	4102
offense that was committed prior to January 1, 1997.	4103

(4) The suspension from employment, or the termination of	4104
the employment, of a member of a campus police department under	4105
division (E)(2) of this section shall be in accordance with	4106
Chapter 119. of the Revised Code.	4107

Sec. 1905.033.  (A) The mayor of a municipal corporation who	4108
conducts a mayor's court shall register annually with the supreme	4109
court as provided in this division. The mayor shall file the	4110
registration on a form prescribed by the supreme court and not	4111
later than the fifteenth day of January in any year in which the	4112
mayor conducts a mayor's court or at least fifteen days before the	4113
mayor first conducts a mayor's court in a particular year,	4114
whichever is later. The registration shall include the name of	4115
the mayor, the name of any magistrate appointed by the mayor	4116
pursuant to section 1905.05 of the Revised Code, and the dates on	4117
which the mayor and magistrate last received the training required	4118
by section 1901.031 of the Revised Code.	4119

(B) The mayor of any municipal corporation who conducts a	4120
mayor's court shall make the following reports:	4121

(1) A report to the supreme court of all cases filed in the	4122
mayor's court and of all cases that are pending and are terminated	4123
in that court, and any financial, dispositional, and other	4124
information that the supreme court prescribes by rule. The mayor	4125
shall make the report under division (B)(1) of this section on a	4126
form prescribed by the supreme court and not later than the	4127
fifteenth day of January, April, July, and October of each year.	4128
The report shall cover all cases filed, pending, and terminated in	4129
the mayor's court for the calendar quarter preceding the	4130
appropriate filing date.	4131

(2) A report to the bureau of criminal identification and	4132
investigation of every conviction in the mayor's court for an	4133
offense that is a misdemeanor on a first offense and a felony on	4134
any subsequent offense. The mayor shall make the report under	4135
division (B)(2) of this section upon entry of the judgment of	4136
conviction for the offense.	4137

(C) No mayor of a municipal corporation shall conduct a	4138
mayor's court without complying with the general law on	4139
registering and reporting under this section.	4140

Sec. 2101.09.  When required by the probate judge, sheriffs,	4141
coroners, and constables shall attend histhe judge's court and	4142
serve and return process directed and delivered to them by such	4143
judge. No such officer shall neglect or refuse to serve and	4144
return such process. If such officer does neglect or refuse to	4145
serve and return such process, the judge shall issue a summons	4146
specifying the cause for amercement, directed to the officer,	4147
therein named, commanding himthe named officer to summon the	4148
officer guilty of such misconduct to appear within two days after	4149
the service of summons and show cause why hethe latter officer	4150
should not be amerced. In addition to a fine, as provided by	4151
section 2101.992929.18 of the Revised Code, to be paid into the	4152
county treasury, such officer and histhe officer's sureties shall	4153
be liable upon histhe officer's official bond for damages	4154
sustained by any person by reason of such officer's misconduct.	4155

Sec. 2152.02.  As used in this chapter:

4156

(A) "Act charged" means the act that is identified in a	4157
complaint, indictment, or information alleging that a child is a	4158
delinquent child.	4159

(B) "Admitted to a department of youth services facility"	4160
includes admission to a facility operated, or contracted for, by	4161
the department and admission to a comparable facility outside this	4162
state by another state or the United States.	4163

(C)(1) "Child" means a person who is under eighteen years of	4164
age, except as otherwise provided in divisions (C)(2) to (6) of	4165
this section.	4166

(2) Subject to division (C)(3) of this section, any person	4167
who violates a federal or state law or a municipal ordinance prior	4168
to attaining eighteen years of age shall be deemed a "child"	4169
irrespective of that person's age at the time the complaint with	4170
respect to that violation is filed or the hearing on the complaint	4171
is held.	4172

(3) Any person who, while under eighteen years of age,	4173
commits an act that would be a felony if committed by an adult and	4174
who is not taken into custody or apprehended for that act until	4175
after the person attains twenty-one years of age is not a child in	4176
relation to that act.	4177

(4) Any person whose case is transferred for criminal	4178
prosecution pursuant to section 2152.12 of the Revised Code shall	4179
be deemed after the transfer not to be a child in the transferred	4180
case.	4181

(5) Any person whose case is transferred for criminal	4182
prosecution pursuant to section 2152.12 of the Revised Code and	4183
who subsequently is convicted of or pleads guilty to a felony in	4184
that case, and any person who is adjudicated a delinquent child	4185
for the commission of an act, who has a serious youthful offender	4186
dispositional sentence imposed for the act pursuant to section	4187
2152.13 of the Revised Code, and whose adult portion of the	4188
dispositional sentence is invoked pursuant to section 2152.14 of	4189
the Revised Code, shall be deemed after the transfer or invocation	4190
not to be a child in any case in which a complaint is filed	4191
against the person.	4192

(6) The juvenile court has jurisdiction over a person who is	4193
adjudicated a delinquent child or juvenile traffic offender prior	4194
to attaining eighteen years of age until the person attains	4195
twenty-one years of age, and, for purposes of that jurisdiction	4196
related to that adjudication, a person who is so adjudicated a	4197
delinquent child or juvenile traffic offender shall be deemed a	4198
"child" until the person attains twenty-one years of age.	4199

(D) "Chronic truant" means any child of compulsory school	4200
age who is absent without legitimate excuse for absence from the	4201
public school the child is supposed to attend for seven or more	4202
consecutive school days, ten or more school days in one school	4203
month, or fifteen or more school days in a school year.	4204

(E) "Community corrections facility," "public safety beds,"	4205
"release authority," and "supervised release" have the same	4206
meanings as in section 5139.01 of the Revised Code.	4207

(F) "Delinquent child" includes any of the following:

4208

(1) Any child, except a juvenile traffic offender, who	4209
violates any law of this state or the United States, or any	4210
ordinance of a political subdivision of the state, that would be	4211
an offense if committed by an adult;	4212

(2) Any child who violates any lawful order of the court	4213
made under this chapter or under Chapter 2151. of the Revised Code	4214
other than an order issued under section 2151.87 of the Revised	4215
Code;	4216

(3) Any child who violates division (A) of section 2923.211	4217
of the Revised Code;	4218

(4) Any child who is a habitual truant and who previously	4219
has been adjudicated an unruly child for being a habitual truant;	4220

(5) Any child who is a chronic truant.

4221

(G) "Discretionary serious youthful offender" means a person	4222
who is eligible for a discretionary SYO and who is not transferred	4223
to adult court under a mandatory or discretionary transfer.	4224

(H) "Discretionary SYO" means a case in which the juvenile	4225
court, in the juvenile court's discretion, may impose a serious	4226
youthful offender disposition under section 2152.13 of the Revised	4227
Code.	4228

(I) "Discretionary transfer" means that the juvenile court	4229
has discretion to transfer a case for criminal prosecution under	4230
division (B) of section 2152.12 of the Revised Code.	4231

(J) "Drug abuse offense," "felony drug abuse offense," and	4232
"minor drug possession offense" have the same meanings as in	4233
section 2925.01 of the Revised Code.	4234

(K) "Electronic monitoring" and "electronic monitoring	4235
device," "certified electronic monitoring device," "electronically	4236
monitored house arrest," "electronic monitoring system," and	4237
"certified electronic monitoring system" have the same meanings as	4238
in section 2929.232929.01 of the Revised Code.	4239

(L) "Economic loss" means any economic detriment suffered by	4240
a victim of a delinquent act as a result of the delinquent act and	4241
includes any loss of income due to lost time at work because of	4242
any injury caused to the victim and any property loss, medical	4243
cost, or funeral expense incurred as a result of the delinquent	4244
act.	4245

(M) "Firearm" has the same meaning as in section 2923.11 of	4246
the Revised Code.	4247

(N) "Juvenile traffic offender" means any child who violates	4248
any traffic law, traffic ordinance, or traffic regulation of this	4249
state, the United States, or any political subdivision of this	4250
state, other than a resolution, ordinance, or regulation of a	4251
political subdivision of this state the violation of which is	4252
required to be handled by a parking violations bureau or a joint	4253
parking violations bureau pursuant to Chapter 4521. of the Revised	4254
Code.	4255

(O) A "legitimate excuse for absence from the public school	4256
the child is supposed to attend" has the same meaning as in	4257
section 2151.011 of the Revised Code.	4258

(P) "Mandatory serious youthful offender" means a person who	4259
is eligible for a mandatory SYO and who is not transferred to	4260
adult court under a mandatory or discretionary transfer.	4261

(Q) "Mandatory SYO" means a case in which the juvenile court	4262
is required to impose a mandatory serious youthful offender	4263
disposition under section 2152.13 of the Revised Code.	4264

(R) "Mandatory transfer" means that a case is required to be	4265
transferred for criminal prosecution under division (A) of section	4266
2152.12 of the Revised Code.	4267

(S) "Mental illness" has the same meaning as in section	4268
5122.01 of the Revised Code.	4269

(T) "Mentally retarded person" has the same meaning as in	4270
section 5123.01 of the Revised Code.	4271

(U) "Monitored time" and "repeat violent offender" have the	4272
same meanings as in section 2929.01 of the Revised Code.	4273

(V) "Of compulsory school age" has the same meaning as in	4274
section 3321.01 of the Revised Code.	4275

(W) "Public record" has the same meaning as in section	4276
149.43 of the Revised Code.	4277

(X) "Serious youthful offender" means a person who is	4278
eligible for a mandatory SYO or discretionary SYO but who is not	4279
transferred to adult court under a mandatory or discretionary	4280
transfer.	4281

(Y) "Sexually oriented offense," "habitual sex offender,"	4282
"juvenile sex offender registrant," and "sexual predator" have the	4283
same meanings as in section 2950.01 of the Revised Code.	4284

(Z) "Traditional juvenile" means a case that is not	4285
transferred to adult court under a mandatory or discretionary	4286
transfer, that is eligible for a disposition under sections	4287
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	4288
that is not eligible for a disposition under section 2152.13 of	4289
the Revised Code.	4290

(AA) "Transfer" means the transfer for criminal prosecution	4291
of a case involving the alleged commission by a child of an act	4292
that would be an offense if committed by an adult from the	4293
juvenile court to the appropriate court that has jurisdiction of	4294
the offense.	4295

(BB) "Category one offense" means any of the following:

4296

(1) A violation of section 2903.01 or 2903.02 of the Revised	4297
Code;	4298

(2) A violation of section 2923.02 of the Revised Code	4299
involving an attempt to commit aggravated murder or murder.	4300

(CC) "Category two offense" means any of the following:

4301

(1) A violation of section 2903.03, 2905.01, 2907.02,	4302
2909.02, 2911.01, or 2911.11 of the Revised Code;	4303

(2) A violation of section 2903.04 of the Revised Code that	4304
is a felony of the first degree;	4305

(3) A violation of section 2907.12 of the Revised Code as it	4306
existed prior to September 3, 1996.	4307

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	4308
child, the court may make any of the following orders of	4309
disposition, in addition to any other disposition authorized or	4310
required by this chapter:	4311

(1) Any order that is authorized by section 2151.353 of the	4312
Revised Code for the care and protection of an abused, neglected,	4313
or dependent child.	4314

(2) Commit the child to the temporary custody of any school,	4315
camp, institution, or other facility operated for the care of	4316
delinquent children by the county, by a district organized under	4317
section 2152.41 or 2151.65 of the Revised Code, or by a private	4318
agency or organization, within or without the state, that is	4319
authorized and qualified to provide the care, treatment, or	4320
placement required;	4321

(3) Place the child on community control under any	4322
sanctions, services, and conditions that the court prescribes. As	4323
a condition of community control in every case and in addition to	4324
any other condition that it imposes upon the child, the court	4325
shall require the child to abide by the law during the period of	4326
community control. As referred to in this division, community	4327
control includes, but is not limited to, the following sanctions	4328
and conditions:	4329

(a) A period of basic probation supervision in which the	4330
child is required to maintain contact with a person appointed to	4331
supervise the child in accordance with sanctions imposed by the	4332
court;	4333

(b) A period of intensive probation supervision in which the	4334
child is required to maintain frequent contact with a person	4335
appointed by the court to supervise the child while the child is	4336
seeking or maintaining employment and participating in training,	4337
education, and treatment programs as the order of disposition;	4338

(c) A period of day reporting in which the child is required	4339
each day to report to and leave a center or another approved	4340
reporting location at specified times in order to participate in	4341
work, education or training, treatment, and other approved	4342
programs at the center or outside the center;	4343

(d) A period of community service of up to five hundred	4344
hours for an act that would be a felony or a misdemeanor of the	4345
first degree if committed by an adult, up to two hundred hours for	4346
an act that would be a misdemeanor of the second, third, or fourth	4347
degree if committed by an adult, or up to thirty hours for an act	4348
that would be a minor misdemeanor if committed by an adult;	4349

(e) A requirement that the child obtain a high school	4350
diploma, a certificate of high school equivalence, vocational	4351
training, or employment;	4352

(f) A period of drug and alcohol use monitoring;

4353

(g) A requirement of alcohol or drug assessment or	4354
counseling, or a period in an alcohol or drug treatment program	4355
with a level of security for the child as determined necessary by	4356
the court;	4357

(h) A period in which the court orders the child to observe	4358
a curfew that may involve daytime or evening hours;	4359

(i) A requirement that the child serve monitored time;

4360

(j) A period of house arrest with or without electronic	4361
monitoring;	4362

(k) A period of electronic monitoring without house arrest or	4363
electronically monitored house arrest with electronic monitoring	4364
that does not exceed the maximum sentence of imprisonment that	4365
could be imposed upon an adult who commits the same act.	4366

A period of electronically monitored house arrest with	4367
electronic monitoring imposed under this division shall not extend	4368
beyond the child's twenty-first birthday. If a court imposes a	4369
period of electronically monitored house arrest with electronic	4370
monitoring upon a child under this division, it shall require the	4371
child: to wear, otherwise have attached to the child's person, or	4372
otherwise be subject to monitoring by a certified electronic	4373
monitoring device or to participate in the operation of and	4374
monitoring by a certified electronic monitoring system; to remain	4375
in the child's home or other specified premises for the entire	4376
period of electronically monitored house arrest with electronic	4377
monitoring except when the court permits the child to leave those	4378
premises to go to school or to other specified premises; to be	4379
monitored by a central system that can determine the child's	4380
location at designated times; to report periodically to a person	4381
designated by the court; and to enter into a written contract with	4382
the court agreeing to comply with all requirements imposed by the	4383
court, agreeing to pay any fee imposed by the court for the costs	4384
of the electronically monitored house arrest with electronic	4385
monitoring, and agreeing to waive the right to receive credit for	4386
any time served on electronically monitored house arrest with	4387
electronic monitoring toward the period of any other dispositional	4388
order imposed upon the child if the child violates any of the	4389
requirements of the dispositional order of electronically	4390
monitored house arrest with electronic monitoring. The court also	4391
may impose other reasonable requirements upon the child.	4392

Unless ordered by the court, a child shall not receive credit	4393
for any time served on electronically monitored house arrest with	4394
electronic monitoring toward any other dispositional order imposed	4395
upon the child for the act for which was imposed the dispositional	4396
order of electronically monitored house arrest with electronic	4397
monitoring.	4398

(l) A suspension of the driver's license, probationary	4399
driver's license, or temporary instruction permit issued to the	4400
child or a suspension of the registration of all motor vehicles	4401
registered in the name of the child. A child whose license or	4402
permit is so suspended is ineligible for issuance of a license or	4403
permit during the period of suspension. At the end of the period	4404
of suspension, the child shall not be reissued a license or permit	4405
until the child has paid any applicable reinstatement fee and	4406
complied with all requirements governing license reinstatement.	4407

(4) Commit the child to the custody of the court;

4408

(5) Require the child to not be absent without legitimate	4409
excuse from the public school the child is supposed to attend for	4410
five or more consecutive days, seven or more school days in one	4411
school month, or twelve or more school days in a school year;	4412

(6)(a) If a child is adjudicated a delinquent child for	4413
being a chronic truant or an habitual truant who previously has	4414
been adjudicated an unruly child for being a habitual truant, do	4415
either or both of the following:	4416

(i) Require the child to participate in a truancy prevention	4417
mediation program;	4418

(ii) Make any order of disposition as authorized by this	4419
section, except that the court shall not commit the child to a	4420
facility described in division (A)(2) of this section unless the	4421
court determines that the child violated a lawful court order made	4422
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	4423
Code or division (A)(5) of this section.	4424

(b) If a child is adjudicated a delinquent child for being a	4425
chronic truant or a habitual truant who previously has been	4426
adjudicated an unruly child for being a habitual truant and the	4427
court determines that the parent, guardian, or other person having	4428
care of the child has failed to cause the child's attendance at	4429
school in violation of section 3321.38 of the Revised Code, do	4430
either or both of the following:	4431

(i) Require the parent, guardian, or other person having	4432
care of the child to participate in a truancy prevention mediation	4433
program;	4434

(ii) Require the parent, guardian, or other person having	4435
care of the child to participate in any community service program,	4436
preferably a community service program that requires the	4437
involvement of the parent, guardian, or other person having care	4438
of the child in the school attended by the child.	4439

(7) Make any further disposition that the court finds	4440
proper, except that the child shall not be placed in any of the	4441
following:	4442

(a) A state correctional institution, a county, multicounty,	4443
or municipal jail or workhouse, or another place in which an adult	4444
convicted of a crime, under arrest, or charged with a crime is	4445
held;	4446

(b) A community corrections facility, if the child would be	4447
covered by the definition of public safety beds for purposes of	4448
sections 5139.41 to 5139.45 of the Revised Code if the court	4449
exercised its authority to commit the child to the legal custody	4450
of the department of youth services for institutionalization or	4451
institutionalization in a secure facility pursuant to this	4452
chapter.	4453

(B) If a child is adjudicated a delinquent child, in	4454
addition to any order of disposition made under division (A) of	4455
this section, the court, in the following situations, shall	4456
suspend the child's temporary instruction permit, restricted	4457
license, probationary driver's license, or nonresident operating	4458
privilege, or suspend the child's ability to obtain such a permit:	4459

(1) The child is adjudicated a delinquent child for	4460
violating section 2923.122 of the Revised Code, with the	4461
suspension and denial being in accordance with division (E)(1)(a),	4462
(c), (d), or (e) of section 2923.122 of the Revised Code.	4463

(2) The child is adjudicated a delinquent child for	4464
committing an act that if committed by an adult would be a drug	4465
abuse offense or for violating division (B) of section 2917.11 of	4466
the Revised Code, with the suspension continuing until the child	4467
attends and satisfactorily completes a drug abuse or alcohol abuse	4468
education, intervention, or treatment program specified by the	4469
court. During the time the child is attending the program, the	4470
court shall retain any temporary instruction permit, probationary	4471
driver's license, or driver's license issued to the child, and the	4472
court shall return the permit or license when the child	4473
satisfactorily completes the program.	4474

(C) The court may establish a victim-offender mediation	4475
program in which victims and their offenders meet to discuss the	4476
offense and suggest possible restitution. If the court obtains	4477
the assent of the victim of the delinquent act committed by the	4478
child, the court may require the child to participate in the	4479
program.	4480

(D)(1) If a child is adjudicated a delinquent child for	4481
committing an act that would be a felony if committed by an adult	4482
and if the child caused, attempted to cause, threatened to cause,	4483
or created a risk of physical harm to the victim of the act, the	4484
court, prior to issuing an order of disposition under this	4485
section, shall order the preparation of a victim impact statement	4486
by the probation department of the county in which the victim of	4487
the act resides, by the court's own probation department, or by a	4488
victim assistance program that is operated by the state, a county,	4489
a municipal corporation, or another governmental entity. The court	4490
shall consider the victim impact statement in determining the	4491
order of disposition to issue for the child.	4492

(2) Each victim impact statement shall identify the victim	4493
of the act for which the child was adjudicated a delinquent child,	4494
itemize any economic loss suffered by the victim as a result of	4495
the act, identify any physical injury suffered by the victim as a	4496
result of the act and the seriousness and permanence of the	4497
injury, identify any change in the victim's personal welfare or	4498
familial relationships as a result of the act and any	4499
psychological impact experienced by the victim or the victim's	4500
family as a result of the act, and contain any other information	4501
related to the impact of the act upon the victim that the court	4502
requires.	4503

(3) A victim impact statement shall be kept confidential and	4504
is not a public record. However, the court may furnish copies of	4505
the statement to the department of youth services if the	4506
delinquent child is committed to the department or to both the	4507
adjudicated delinquent child or the adjudicated delinquent child's	4508
counsel and the prosecuting attorney. The copy of a victim impact	4509
statement furnished by the court to the department pursuant to	4510
this section shall be kept confidential and is not a public	4511
record. The copies of a victim impact statement that are made	4512
available to the adjudicated delinquent child or the adjudicated	4513
delinquent child's counsel and the prosecuting attorney pursuant	4514
to this division shall be returned to the court by the person to	4515
whom they were made available immediately following the imposition	4516
of an order of disposition for the child under this chapter.	4517

(4) The department of youth services shall work with local	4518
probation departments and victim assistance programs to develop a	4519
standard victim impact statement.	4520

(E) If a child is adjudicated a delinquent child for being a	4521
chronic truant or an habitual truant who previously has been	4522
adjudicated an unruly child for being an habitual truant and the	4523
court determines that the parent, guardian, or other person having	4524
care of the child has failed to cause the child's attendance at	4525
school in violation of section 3321.38 of the Revised Code, in	4526
addition to any order of disposition it makes under this section,	4527
the court shall warn the parent, guardian, or other person having	4528
care of the child that any subsequent adjudication of the child as	4529
an unruly or delinquent child for being an habitual or chronic	4530
truant may result in a criminal charge against the parent,	4531
guardian, or other person having care of the child for a violation	4532
of division (C) of section 2919.21 or section 2919.24 of the	4533
Revised Code.	4534

(F)(1) During the period of a delinquent child's community	4535
control granted under this section, authorized probation officers	4536
who are engaged within the scope of their supervisory duties or	4537
responsibilities may search, with or without a warrant, the person	4538
of the delinquent child, the place of residence of the delinquent	4539
child, and a motor vehicle, another item of tangible or intangible	4540
personal property, or other real property in which the delinquent	4541
child has a right, title, or interest or for which the delinquent	4542
child has the express or implied permission of a person with a	4543
right, title, or interest to use, occupy, or possess if the	4544
probation officers have reasonable grounds to believe that the	4545
delinquent child is not abiding by the law or otherwise is not	4546
complying with the conditions of the delinquent child's community	4547
control. The court that places a delinquent child on community	4548
control under this section shall provide the delinquent child with	4549
a written notice that informs the delinquent child that authorized	4550
probation officers who are engaged within the scope of their	4551
supervisory duties or responsibilities may conduct those types of	4552
searches during the period of community control if they have	4553
reasonable grounds to believe that the delinquent child is not	4554
abiding by the law or otherwise is not complying with the	4555
conditions of the delinquent child's community control. The court	4556
also shall provide the written notice described in division (E)(2)	4557
of this section to each parent, guardian, or custodian of the	4558
delinquent child who is described in that division.	4559

(2) The court that places a child on community control under	4560
this section shall provide the child's parent, guardian, or other	4561
custodian with a written notice that informs them that authorized	4562
probation officers may conduct searches pursuant to division	4563
(E)(1) of this section. The notice shall specifically state that	4564
a permissible search might extend to a motor vehicle, another item	4565
of tangible or intangible personal property, or a place of	4566
residence or other real property in which a notified parent,	4567
guardian, or custodian has a right, title, or interest and that	4568
the parent, guardian, or custodian expressly or impliedly permits	4569
the child to use, occupy, or possess.	4570

(G) If a juvenile court commits a delinquent child to the	4571
custody of any person, organization, or entity pursuant to this	4572
section and if the delinquent act for which the child is so	4573
committed is a sexually oriented offense, the court in the order	4574
of disposition shall inform the person, organization, or entity	4575
that it is the preferred course of action in this state that the	4576
child be provided treatment as described in division (A)(2) of	4577
section 5139.13 of the Revised Code and shall encourage the	4578
person, organization, or entity to provide that treatment.	4579

Sec. 2152.20.  (A) If a child is adjudicated a delinquent	4580
child or a juvenile traffic offender, the court may order any of	4581
the following dispositions, in addition to any other disposition	4582
authorized or required by this chapter:	4583

(1) Impose a fine in accordance with the following schedule:

4584

(a) For an act that would be a minor misdemeanor or an	4585
unclassified misdemeanor if committed by an adult, a fine not to	4586
exceed fifty dollars;	4587

(b) For an act that would be a misdemeanor of the fourth	4588
degree if committed by an adult, a fine not to exceed one hundred	4589
dollars;	4590

(c) For an act that would be a misdemeanor of the third	4591
degree if committed by an adult, a fine not to exceed one hundred	4592
fifty dollars;	4593

(d) For an act that would be a misdemeanor of the second	4594
degree if committed by an adult, a fine not to exceed two hundred	4595
dollars;	4596

(e) For an act that would be a misdemeanor of the first	4597
degree if committed by an adult, a fine not to exceed two hundred	4598
fifty dollars;	4599

(f) For an act that would be a felony of the fifth degree or	4600
an unclassified felony if committed by an adult, a fine not to	4601
exceed three hundred dollars;	4602

(g) For an act that would be a felony of the fourth degree	4603
if committed by an adult, a fine not to exceed four hundred	4604
dollars;	4605

(h) For an act that would be a felony of the third degree if	4606
committed by an adult, a fine not to exceed seven hundred fifty	4607
dollars;	4608

(i) For an act that would be a felony of the second degree	4609
if committed by an adult, a fine not to exceed one thousand	4610
dollars;	4611

(j) For an act that would be a felony of the first degree if	4612
committed by an adult, a fine not to exceed one thousand five	4613
hundred dollars;	4614

(k) For an act that would be aggravated murder or murder if	4615
committed by an adult, a fine not to exceed two thousand dollars.	4616

(2) Require the child to pay costs;

4617

(3) Require the child to make restitution to the victim of	4618
the child's delinquent act or, if the victim is deceased, to a	4619
survivor of the victim in an amount based upon the victim's	4620
economic loss caused by or related to the delinquent act.	4621
Restitution required under this division shall be made directly to	4622
the victim in open court or to the probation department that	4623
serves the jurisdiction or the clerk of courts on behalf of the	4624
victim. The restitution may include reimbursement to third	4625
parties, other than the delinquent child's insurer, for amounts	4626
paid to the victim or to any survivor of the victim for economic	4627
loss resulting from the delinquent act. If reimbursement to a	4628
third party is required, the reimbursement shall be made to any	4629
governmental agency to repay any amounts the agency paid to the	4630
victim or any survivor of the victim before any reimbursement is	4631
made to any other person.	4632

Restitution required under this division may be in the form	4633
of a cash reimbursement paid in a lump sum or in installments, the	4634
performance of repair work to restore any damaged property to its	4635
original condition, the performance of a reasonable amount of	4636
labor for the victim or survivor of the victim, the performance of	4637
community service work, any other form of restitution devised by	4638
the court, or any combination of the previously described forms of	4639
restitution.	4640

The court may base the restitution order under this division	4641
on an amount recommended by the victim or survivor of the victim,	4642
the delinquent child, a presentence investigation report,	4643
estimates or receipts indicating the cost of repairing or	4644
replacing property, and any other information. If the amount of	4645
the restitution is disputed by the victim or survivor or by the	4646
delinquent child, the court shall hold a hearing on the	4647
restitution. The court shall determine, or order the	4648
determination of, the amount of restitution to be paid by the	4649
delinquent child. All restitution payments shall be credited	4650
against any recovery of economic loss in a civil action brought by	4651
or on behalf of the victim against the delinquent child or the	4652
delinquent child's parent, guardian, or other custodian.	4653

The court may order that the delinquent child pay a	4654
surcharge, in an amount not exceeding five per cent of the amount	4655
of restitution otherwise ordered under this division, to the	4656
entity responsible for collecting and processing the restitution	4657
payments.	4658

The victim or the survivor of the victim may request that the	4659
prosecuting authority file a motion, or the delinquent child may	4660
file a motion, for modification of the payment terms of any	4661
restitution ordered under this division, based on a substantial	4662
change in the delinquent child's ability to pay.	4663

(4) Require the child to reimburse any or all of the costs	4664
incurred for services or sanctions provided or imposed, including,	4665
but not limited to, the following:	4666

(a) All or part of the costs of implementing any community	4667
control imposed as a disposition under section 2152.19 of the	4668
Revised Code, including a supervision fee;	4669

(b) All or part of the costs of confinement in a residential	4670
facility described in section 2152.19 of the Revised Code or in a	4671
department of youth services institution, including, but not	4672
limited to, a per diem fee for room and board, the costs of	4673
medical and dental treatment provided, and the costs of repairing	4674
property the delinquent child damaged while so confined. The	4675
amount of reimbursement ordered for a child under this division	4676
shall not exceed the total amount of reimbursement the child is	4677
able to pay as determined at a hearing and shall not exceed the	4678
actual cost of the confinement. The court may collect any	4679
reimbursement ordered under this division. If the court does not	4680
order reimbursement under this division, confinement costs may be	4681
assessed pursuant to a repayment policy adopted under section	4682
2929.29 of the Revised Code and division (E)(D) of section 307.93,	4683
division (A) of section 341.06, division (D)(C) of section 341.23,	4684
or division (C)(B) of section 753.02, 753.04, 2301.56, or 2947.19	4685
of the Revised Code.	4686

(B)(1) If a child is adjudicated a delinquent child for	4687
violating section 2923.32 of the Revised Code, the court shall	4688
enter an order of criminal forfeiture against the child in	4689
accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F)	4690
of section 2923.32 of the Revised Code.	4691

(2) Sections 2925.41 to 2925.45 of the Revised Code apply to	4692
children who are adjudicated or could be adjudicated by a juvenile	4693
court to be delinquent children for an act that, if committed by	4694
an adult, would be a felony drug abuse offense. Subject to	4695
division (B) of section 2925.42 and division (E) of section	4696
2925.43 of the Revised Code, a delinquent child of that nature	4697
loses any right to the possession of, and forfeits to the state	4698
any right, title, and interest that the delinquent child may have	4699
in, property as defined in section 2925.41 of the Revised Code and	4700
further described in section 2925.42 or 2925.43 of the Revised	4701
Code.	4702

(3) Sections 2923.44 to 2923.47 of the Revised Code apply to	4703
children who are adjudicated or could be adjudicated by a juvenile	4704
court to be delinquent children for an act in violation of section	4705
2923.42 of the Revised Code. Subject to division (B) of section	4706
2923.44 and division (E) of section 2923.45 of the Revised Code, a	4707
delinquent child of that nature loses any right to the possession	4708
of, and forfeits to the state any right, title, and interest that	4709
the delinquent child may have in, property as defined in section	4710
2923.41 of the Revised Code and further described in section	4711
2923.44 or 2923.45 of the Revised Code.	4712

(C) The court may hold a hearing if necessary to determine	4713
whether a child is able to pay a sanction under this section.	4714

(D) If a child who is adjudicated a delinquent child is	4715
indigent, the court shall consider imposing a term of community	4716
service under division (A) of section 2152.19 of the Revised Code	4717
in lieu of imposing a financial sanction under this section. If a	4718
child who is adjudicated a delinquent child is not indigent, the	4719
court may impose a term of community service under that division	4720
in lieu of, or in addition to, imposing a financial sanction under	4721
this section. The court may order community service for an act	4722
that if committed by an adult would be a minor misdemeanor.	4723

If a child fails to pay a financial sanction imposed under	4724
this section, the court may impose a term of community service in	4725
lieu of the sanction.	4726

(E) The clerk of the court, or another person authorized by	4727
law or by the court to collect a financial sanction imposed under	4728
this section, may do any of the following:	4729

(1) Enter into contracts with one or more public agencies or	4730
private vendors for the collection of the amounts due under the	4731
financial sanction, which amounts may include interest from the	4732
date of imposition of the financial sanction;	4733

(2) Permit payment of all, or any portion of, the financial	4734
sanction in installments, by credit or debit card, by another type	4735
of electronic transfer, or by any other reasonable method, within	4736
any period of time, and on any terms that the court considers	4737
just, except that the maximum time permitted for payment shall not	4738
exceed five years. The clerk may pay any fee associated with	4739
processing an electronic transfer out of public money and may	4740
charge the fee to the delinquent child.	4741

(3) To defray administrative costs, charge a reasonable fee	4742
to a child who elects a payment plan rather than a lump sum	4743
payment of a financial sanction.	4744

Sec. 2301.03.  (A) In Franklin county, the judges of the	4745
court of common pleas whose terms begin on January 1, 1953,	4746
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	4747
1997, and successors, shall have the same qualifications, exercise	4748
the same powers and jurisdiction, and receive the same	4749
compensation as other judges of the court of common pleas of	4750
Franklin county and shall be elected and designated as judges of	4751
the court of common pleas, division of domestic relations. They	4752
shall have all the powers relating to juvenile courts, and all	4753
cases under Chapters 2151. and 2152. of the Revised Code, all	4754
parentage proceedings under Chapter 3111. of the Revised Code over	4755
which the juvenile court has jurisdiction, and all divorce,	4756
dissolution of marriage, legal separation, and annulment cases	4757
shall be assigned to them. In addition to the judge's regular	4758
duties, the judge who is senior in point of service shall serve on	4759
the children services board and the county advisory board and	4760
shall be the administrator of the domestic relations division and	4761
its subdivisions and departments.	4762

(B) In Hamilton county:

4763

(1) The judge of the court of common pleas, whose term	4764
begins on January 1, 1957, and successors, and the judge of the	4765
court of common pleas, whose term begins on February 14, 1967, and	4766
successors, shall be the juvenile judges as provided in Chapters	4767
2151. and 2152. of the Revised Code, with the powers and	4768
jurisdiction conferred by those chapters.	4769

(2) The judges of the court of common pleas whose terms	4770
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and	4771
successors, shall be elected and designated as judges of the court	4772
of common pleas, division of domestic relations, and shall have	4773
assigned to them all divorce, dissolution of marriage, legal	4774
separation, and annulment cases coming before the court. On or	4775
after the first day of July and before the first day of August of	4776
1991 and each year thereafter, a majority of the judges of the	4777
division of domestic relations shall elect one of the judges of	4778
the division as administrative judge of that division. If a	4779
majority of the judges of the division of domestic relations are	4780
unable for any reason to elect an administrative judge for the	4781
division before the first day of August, a majority of the judges	4782
of the Hamilton county court of common pleas, as soon as possible	4783
after that date, shall elect one of the judges of the division of	4784
domestic relations as administrative judge of that division. The	4785
term of the administrative judge shall begin on the earlier of the	4786
first day of August of the year in which the administrative judge	4787
is elected or the date on which the administrative judge is	4788
elected by a majority of the judges of the Hamilton county court	4789
of common pleas and shall terminate on the date on which the	4790
administrative judge's successor is elected in the following year.	4791

In addition to the judge's regular duties, the administrative	4792
judge of the division of domestic relations shall be the	4793
administrator of the domestic relations division and its	4794
subdivisions and departments and shall have charge of the	4795
employment, assignment, and supervision of the personnel of the	4796
division engaged in handling, servicing, or investigating divorce,	4797
dissolution of marriage, legal separation, and annulment cases,	4798
including any referees considered necessary by the judges in the	4799
discharge of their various duties.	4800

The administrative judge of the division of domestic	4801
relations also shall designate the title, compensation, expense	4802
allowances, hours, leaves of absence, and vacations of the	4803
personnel of the division, and shall fix the duties of its	4804
personnel. The duties of the personnel, in addition to those	4805
provided for in other sections of the Revised Code, shall include	4806
the handling, servicing, and investigation of divorce, dissolution	4807
of marriage, legal separation, and annulment cases and counseling	4808
and conciliation services that may be made available to persons	4809
requesting them, whether or not the persons are parties to an	4810
action pending in the division.	4811

The board of county commissioners shall appropriate the sum	4812
of money each year as will meet all the administrative expenses of	4813
the division of domestic relations, including reasonable expenses	4814
of the domestic relations judges and the division counselors and	4815
other employees designated to conduct the handling, servicing, and	4816
investigation of divorce, dissolution of marriage, legal	4817
separation, and annulment cases, conciliation and counseling, and	4818
all matters relating to those cases and counseling, and the	4819
expenses involved in the attendance of division personnel at	4820
domestic relations and welfare conferences designated by the	4821
division, and the further sum each year as will provide for the	4822
adequate operation of the division of domestic relations.	4823

The compensation and expenses of all employees and the salary	4824
and expenses of the judges shall be paid by the county treasurer	4825
from the money appropriated for the operation of the division,	4826
upon the warrant of the county auditor, certified to by the	4827
administrative judge of the division of domestic relations.	4828

The summonses, warrants, citations, subpoenas, and other	4829
writs of the division may issue to a bailiff, constable, or staff	4830
investigator of the division or to the sheriff of any county or	4831
any marshal, constable, or police officer, and the provisions of	4832
law relating to the subpoenaing of witnesses in other cases shall	4833
apply insofar as they are applicable. When a summons, warrant,	4834
citation, subpoena, or other writ is issued to an officer, other	4835
than a bailiff, constable, or staff investigator of the division,	4836
the expense of serving it shall be assessed as a part of the costs	4837
in the case involved.	4838

(3) The judge of the court of common pleas of Hamilton	4839
county whose term begins on January 3, 1997, shall be elected and	4840
designated for one term only as the drug court judge of the court	4841
of common pleas of Hamilton county, and the successors to that	4842
judge shall be elected and designated as judges of the general	4843
division of the court of common pleas of Hamilton county and shall	4844
not have the authority granted by division (B)(3) of this section.	4845
The drug court judge may accept or reject any case referred to the	4846
drug court judge under division (B)(3) of this section. After the	4847
drug court judge accepts a referred case, the drug court judge has	4848
full authority over the case, including the authority to conduct	4849
arraignment, accept pleas, enter findings and dispositions,	4850
conduct trials, order treatment, and if treatment is not	4851
successfully completed pronounce and enter sentence.	4852

A judge of the general division of the court of common pleas	4853
of Hamilton county and a judge of the Hamilton county municipal	4854
court may refer to the drug court judge any case, and any	4855
companion cases, the judge determines meet the criteria described	4856
under divisions (B)(3)(a) and (b) of this section. If the drug	4857
court judge accepts referral of a referred case, the case, and any	4858
companion cases, shall be transferred to the drug court judge. A	4859
judge may refer a case meeting the criteria described in divisions	4860
(B)(3)(a) and (b) of this section that involves a violation of a	4861
term of probationcondition of a community control sanction to the	4862
drug court judge, and, if the drug court judge accepts the	4863
referral, the referring judge and the drug court judge have	4864
concurrent jurisdiction over the case.	4865

A judge of the general division of the court of common pleas	4866
of Hamilton county and a judge of the Hamilton county municipal	4867
court may refer a case to the drug court judge under division	4868
(B)(3) of this section if the judge determines that both of the	4869
following apply:	4870

(a) One of the following applies:

4871

(i) The case involves a drug abuse offense, as defined in	4872
section 2925.01 of the Revised Code, that is a felony of the third	4873
or fourth degree if the offense is committed prior to July 1,	4874
1996, a felony of the third, fourth, or fifth degree if the	4875
offense is committed on or after July 1, 1996, or a misdemeanor.	4876

(ii) The case involves a theft offense, as defined in	4877
section 2913.01 of the Revised Code, that is a felony of the third	4878
or fourth degree if the offense is committed prior to July 1,	4879
1996, a felony of the third, fourth, or fifth degree if the	4880
offense is committed on or after July 1, 1996, or a misdemeanor,	4881
and the defendant is drug or alcohol dependent or in danger of	4882
becoming drug or alcohol dependent and would benefit from	4883
treatment.	4884

(b) All of the following apply:

4885

(i) The case involves a probationablean offense for which a	4886
community control sanction may be imposed or is a case in which a	4887
mandatory prison term or a mandatory jail term is not required to	4888
be imposed.	4889

(ii) The defendant has no history of violent behavior.

4890

(iii) The defendant has no history of mental illness.

4891

(iv) The defendant's current or past behavior, or both, is	4892
drug or alcohol driven.	4893

(v) The defendant demonstrates a sincere willingness to	4894
participate in a fifteen-month treatment process.	4895

(vi) The defendant has no acute health condition.

4896

(vii) If the defendant is incarcerated, the county	4897
prosecutor approves of the referral.	4898

(4) If the administrative judge of the court of common pleas	4899
of Hamilton county determines that the volume of cases pending	4900
before the drug court judge does not constitute a sufficient	4901
caseload for the drug court judge, the administrative judge, in	4902
accordance with the Rules of Superintendence for Courts of Common	4903
Pleas, shall assign individual cases to the drug court judge from	4904
the general docket of the court. If the assignments so occur, the	4905
administrative judge shall cease the assignments when the	4906
administrative judge determines that the volume of cases pending	4907
before the drug court judge constitutes a sufficient caseload for	4908
the drug court judge.	4909

(5) As used in division (B) of this section, "community	4910
control sanction," "mandatory prison term," and "mandatory jail	4911
term" have the same meanings as in section 2929.01 of the Revised	4912
Code.	4913

(C) In Lorain county, the judges of the court of common	4914
pleas whose terms begin on January 3, 1959, January 4, 1989, and	4915
January 2, 1999, and successors, shall have the same	4916
qualifications, exercise the same powers and jurisdiction, and	4917
receive the same compensation as the other judges of the court of	4918
common pleas of Lorain county and shall be elected and designated	4919
as the judges of the court of common pleas, division of domestic	4920
relations. They shall have all of the powers relating to juvenile	4921
courts, and all cases under Chapters 2151. and 2152. of the	4922
Revised Code, all parentage proceedings over which the juvenile	4923
court has jurisdiction, and all divorce, dissolution of marriage,	4924
legal separation, and annulment cases shall be assigned to them,	4925
except cases that for some special reason are assigned to some	4926
other judge of the court of common pleas.	4927

(D) In Lucas county:

4928

(1) The judges of the court of common pleas whose terms	4929
begin on January 1, 1955, and January 3, 1965, and successors,	4930
shall have the same qualifications, exercise the same powers and	4931
jurisdiction, and receive the same compensation as other judges of	4932
the court of common pleas of Lucas county and shall be elected and	4933
designated as judges of the court of common pleas, division of	4934
domestic relations. All divorce, dissolution of marriage, legal	4935
separation, and annulment cases shall be assigned to them.	4936

The judge of the division of domestic relations, senior in	4937
point of service, shall be considered as the presiding judge of	4938
the court of common pleas, division of domestic relations, and	4939
shall be charged exclusively with the assignment and division of	4940
the work of the division and the employment and supervision of all	4941
other personnel of the domestic relations division.	4942

(2) The judges of the court of common pleas whose terms	4943
begin on January 5, 1977, and January 2, 1991, and successors	4944
shall have the same qualifications, exercise the same powers and	4945
jurisdiction, and receive the same compensation as other judges of	4946
the court of common pleas of Lucas county, shall be elected and	4947
designated as judges of the court of common pleas, juvenile	4948
division, and shall be the juvenile judges as provided in	4949
Chapters 2151. and 2152. of the Revised Code with the powers and	4950
jurisdictions conferred by those chapters. In addition to the	4951
judge's regular duties, the judge of the court of common pleas,	4952
juvenile division, senior in point of service, shall be the	4953
administrator of the juvenile division and its subdivisions and	4954
departments and shall have charge of the employment, assignment,	4955
and supervision of the personnel of the division engaged in	4956
handling, servicing, or investigating juvenile cases, including	4957
any referees considered necessary by the judges of the division in	4958
the discharge of their various duties.	4959

The judge of the court of common pleas, juvenile division,	4960
senior in point of service, also shall designate the title,	4961
compensation, expense allowance, hours, leaves of absence, and	4962
vacation of the personnel of the division and shall fix the duties	4963
of the personnel of the division. The duties of the personnel, in	4964
addition to other statutory duties include the handling,	4965
servicing, and investigation of juvenile cases and counseling and	4966
conciliation services that may be made available to persons	4967
requesting them, whether or not the persons are parties to an	4968
action pending in the division.	4969

(3) If one of the judges of the court of common pleas,	4970
division of domestic relations, or one of the judges of the	4971
juvenile division is sick, absent, or unable to perform that	4972
judge's judicial duties or the volume of cases pending in that	4973
judge's division necessitates it, the duties shall be performed by	4974
the judges of the other of those divisions.	4975

(E) In Mahoning county:

4976

(1) The judge of the court of common pleas whose term began	4977
on January 1, 1955, and successors, shall have the same	4978
qualifications, exercise the same powers and jurisdiction, and	4979
receive the same compensation as other judges of the court of	4980
common pleas of Mahoning county, shall be elected and designated	4981
as judge of the court of common pleas, division of domestic	4982
relations, and shall be assigned all the divorce, dissolution of	4983
marriage, legal separation, and annulment cases coming before the	4984
court. In addition to the judge's regular duties, the judge of	4985
the court of common pleas, division of domestic relations, shall	4986
be the administrator of the domestic relations division and its	4987
subdivisions and departments and shall have charge of the	4988
employment, assignment, and supervision of the personnel of the	4989
division engaged in handling, servicing, or investigating divorce,	4990
dissolution of marriage, legal separation, and annulment cases,	4991
including any referees considered necessary in the discharge of	4992
the various duties of the judge's office.	4993

The judge also shall designate the title, compensation,	4994
expense allowances, hours, leaves of absence, and vacations of the	4995
personnel of the division and shall fix the duties of the	4996
personnel of the division. The duties of the personnel, in	4997
addition to other statutory duties, include the handling,	4998
servicing, and investigation of divorce, dissolution of marriage,	4999
legal separation, and annulment cases and counseling and	5000
conciliation services that may be made available to persons	5001
requesting them, whether or not the persons are parties to an	5002
action pending in the division.	5003

(2) The judge of the court of common pleas whose term began	5004
on January 2, 1969, and successors, shall have the same	5005
qualifications, exercise the same powers and jurisdiction, and	5006
receive the same compensation as other judges of the court of	5007
common pleas of Mahoning county, shall be elected and designated	5008
as judge of the court of common pleas, juvenile division, and	5009
shall be the juvenile judge as provided in Chapters 2151. and	5010
2152. of the Revised Code, with the powers and jurisdictions	5011
conferred by those chapters. In addition to the judge's regular	5012
duties, the judge of the court of common pleas, juvenile division,	5013
shall be the administrator of the juvenile division and its	5014
subdivisions and departments and shall have charge of the	5015
employment, assignment, and supervision of the personnel of the	5016
division engaged in handling, servicing, or investigating juvenile	5017
cases, including any referees considered necessary by the judge in	5018
the discharge of the judge's various duties.	5019

The judge also shall designate the title, compensation,	5020
expense allowances, hours, leaves of absence, and vacation of the	5021
personnel of the division and shall fix the duties of the	5022
personnel of the division. The duties of the personnel, in	5023
addition to other statutory duties, include the handling,	5024
servicing, and investigation of juvenile cases and counseling and	5025
conciliation services that may be made available to persons	5026
requesting them, whether or not the persons are parties to an	5027
action pending in the division.	5028

(3) If a judge of the court of common pleas, division of	5029
domestic relations or juvenile division, is sick, absent, or	5030
unable to perform that judge's judicial duties, or the volume of	5031
cases pending in that judge's division necessitates it, that	5032
judge's duties shall be performed by another judge of the court of	5033
common pleas.	5034

(F) In Montgomery county:

5035

(1) The judges of the court of common pleas whose terms	5036
begin on January 2, 1953, and January 4, 1977, and successors,	5037
shall have the same qualifications, exercise the same powers and	5038
jurisdiction, and receive the same compensation as other judges of	5039
the court of common pleas of Montgomery county and shall be	5040
elected and designated as judges of the court of common pleas,	5041
division of domestic relations. These judges shall have assigned	5042
to them all divorce, dissolution of marriage, legal separation,	5043
and annulment cases.	5044

The judge of the division of domestic relations, senior in	5045
point of service, shall be charged exclusively with the assignment	5046
and division of the work of the division and shall have charge of	5047
the employment and supervision of the personnel of the division	5048
engaged in handling, servicing, or investigating divorce,	5049
dissolution of marriage, legal separation, and annulment cases,	5050
including any necessary referees, except those employees who may	5051
be appointed by the judge, junior in point of service, under this	5052
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	5053
Code. The judge of the division of domestic relations, senior in	5054
point of service, also shall designate the title, compensation,	5055
expense allowances, hours, leaves of absence, and vacation of the	5056
personnel of the division and shall fix their duties.	5057

(2) The judges of the court of common pleas whose terms	5058
begin on January 1, 1953, and January 1, 1993, and successors,	5059
shall have the same qualifications, exercise the same powers and	5060
jurisdiction, and receive the same compensation as other judges of	5061
the court of common pleas of Montgomery county, shall be elected	5062
and designated as judges of the court of common pleas, juvenile	5063
division, and shall be, and have the powers and jurisdiction of,	5064
the juvenile judge as provided in Chapters 2151. and 2152. of the	5065
Revised Code.	5066

In addition to the judge's regular duties, the judge of the	5067
court of common pleas, juvenile division, senior in point of	5068
service, shall be the administrator of the juvenile division and	5069
its subdivisions and departments and shall have charge of the	5070
employment, assignment, and supervision of the personnel of the	5071
juvenile division, including any necessary referees, who are	5072
engaged in handling, servicing, or investigating juvenile cases.	5073
The judge, senior in point of service, also shall designate the	5074
title, compensation, expense allowances, hours, leaves of absence,	5075
and vacation of the personnel of the division and shall fix their	5076
duties. The duties of the personnel, in addition to other	5077
statutory duties, shall include the handling, servicing, and	5078
investigation of juvenile cases and of any counseling and	5079
conciliation services that are available upon request to persons,	5080
whether or not they are parties to an action pending in the	5081
division.	5082

If one of the judges of the court of common pleas, division	5083
of domestic relations, or one of the judges of the court of common	5084
pleas, juvenile division, is sick, absent, or unable to perform	5085
that judge's duties or the volume of cases pending in that judge's	5086
division necessitates it, the duties of that judge may be	5087
performed by the judge or judges of the other of those divisions.	5088

(G) In Richland county, the judge of the court of common	5089
pleas whose term begins on January 1, 1957, and successors, shall	5090
have the same qualifications, exercise the same powers and	5091
jurisdiction, and receive the same compensation as the other	5092
judges of the court of common pleas of Richland county and shall	5093
be elected and designated as judge of the court of common pleas,	5094
division of domestic relations. That judge shall have all of the	5095
powers relating to juvenile courts, and all cases under Chapters	5096
2151. and 2152. of the Revised Code, all parentage proceedings	5097
over which the juvenile court has jurisdiction, and all divorce,	5098
dissolution of marriage, legal separation, and annulment cases	5099
shall be assigned to that judge, except in cases that for some	5100
special reason are assigned to some other judge of the court of	5101
common pleas.	5102

(H) In Stark county, the judges of the court of common pleas	5103
whose terms begin on January 1, 1953, January 2, 1959, and January	5104
1, 1993, and successors, shall have the same qualifications,	5105
exercise the same powers and jurisdiction, and receive the same	5106
compensation as other judges of the court of common pleas of Stark	5107
county and shall be elected and designated as judges of the court	5108
of common pleas, division of domestic relations. They shall have	5109
all the powers relating to juvenile courts, and all cases under	5110
Chapters 2151. and 2152. of the Revised Code, all parentage	5111
proceedings over which the juvenile court has jurisdiction, and	5112
all divorce, dissolution of marriage, legal separation, and	5113
annulment cases, except cases that are assigned to some other	5114
judge of the court of common pleas for some special reason, shall	5115
be assigned to the judges.	5116

The judge of the division of domestic relations, second most	5117
senior in point of service, shall have charge of the employment	5118
and supervision of the personnel of the division engaged in	5119
handling, servicing, or investigating divorce, dissolution of	5120
marriage, legal separation, and annulment cases, and necessary	5121
referees required for the judge's respective court.	5122

The judge of the division of domestic relations, senior in	5123
point of service, shall be charged exclusively with the	5124
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	5125
of the Revised Code and with the assignment and division of the	5126
work of the division and the employment and supervision of all	5127
other personnel of the division, including, but not limited to,	5128
that judge's necessary referees, but excepting those employees who	5129
may be appointed by the judge second most senior in point of	5130
service. The senior judge further shall serve in every other	5131
position in which the statutes permit or require a juvenile judge	5132
to serve.	5133

(I) In Summit county:

5134

(1) The judges of the court of common pleas whose terms	5135
begin on January 4, 1967, and January 6, 1993, and successors,	5136
shall have the same qualifications, exercise the same powers and	5137
jurisdiction, and receive the same compensation as other judges of	5138
the court of common pleas of Summit county and shall be elected	5139
and designated as judges of the court of common pleas, division of	5140
domestic relations. The judges of the division of domestic	5141
relations shall have assigned to them and hear all divorce,	5142
dissolution of marriage, legal separation, and annulment cases	5143
that come before the court. Except in cases that are subject to	5144
the exclusive original jurisdiction of the juvenile court, the	5145
judges of the division of domestic relations shall have assigned	5146
to them and hear all cases pertaining to paternity, custody,	5147
visitation, child support, or the allocation of parental rights	5148
and responsibilities for the care of children and all post-decree	5149
proceedings arising from any case pertaining to any of those	5150
matters. The judges of the division of domestic relations shall	5151
have assigned to them and hear all proceedings under the uniform	5152
interstate family support act contained in Chapter 3115. of the	5153
Revised Code.	5154

The judge of the division of domestic relations, senior in	5155
point of service, shall be the administrator of the domestic	5156
relations division and its subdivisions and departments and shall	5157
have charge of the employment, assignment, and supervision of the	5158
personnel of the division, including any necessary referees, who	5159
are engaged in handling, servicing, or investigating divorce,	5160
dissolution of marriage, legal separation, and annulment cases.	5161
That judge also shall designate the title, compensation, expense	5162
allowances, hours, leaves of absence, and vacations of the	5163
personnel of the division and shall fix their duties. The duties	5164
of the personnel, in addition to other statutory duties, shall	5165
include the handling, servicing, and investigation of divorce,	5166
dissolution of marriage, legal separation, and annulment cases and	5167
of any counseling and conciliation services that are available	5168
upon request to all persons, whether or not they are parties to an	5169
action pending in the division.	5170

(2) The judge of the court of common pleas whose term begins	5171
on January 1, 1955, and successors, shall have the same	5172
qualifications, exercise the same powers and jurisdiction, and	5173
receive the same compensation as other judges of the court of	5174
common pleas of Summit county, shall be elected and designated as	5175
judge of the court of common pleas, juvenile division, and shall	5176
be, and have the powers and jurisdiction of, the juvenile judge as	5177
provided in Chapters 2151. and 2152. of the Revised Code. Except	5178
in cases that are subject to the exclusive original jurisdiction	5179
of the juvenile court, the judge of the juvenile division shall	5180
not have jurisdiction or the power to hear, and shall not be	5181
assigned, any case pertaining to paternity, custody, visitation,	5182
child support, or the allocation of parental rights and	5183
responsibilities for the care of children or any post-decree	5184
proceeding arising from any case pertaining to any of those	5185
matters. The judge of the juvenile division shall not have	5186
jurisdiction or the power to hear, and shall not be assigned, any	5187
proceeding under the uniform interstate family support act	5188
contained in Chapter 3115. of the Revised Code.	5189

The juvenile judge shall be the administrator of the juvenile	5190
division and its subdivisions and departments and shall have	5191
charge of the employment, assignment, and supervision of the	5192
personnel of the juvenile division, including any necessary	5193
referees, who are engaged in handling, servicing, or investigating	5194
juvenile cases. The judge also shall designate the title,	5195
compensation, expense allowances, hours, leaves of absence, and	5196
vacation of the personnel of the division and shall fix their	5197
duties. The duties of the personnel, in addition to other	5198
statutory duties, shall include the handling, servicing, and	5199
investigation of juvenile cases and of any counseling and	5200
conciliation services that are available upon request to persons,	5201
whether or not they are parties to an action pending in the	5202
division.	5203

(J) In Trumbull county, the judges of the court of common	5204
pleas whose terms begin on January 1, 1953, and January 2, 1977,	5205
and successors, shall have the same qualifications, exercise the	5206
same powers and jurisdiction, and receive the same compensation as	5207
other judges of the court of common pleas of Trumbull county and	5208
shall be elected and designated as judges of the court of common	5209
pleas, division of domestic relations. They shall have all the	5210
powers relating to juvenile courts, and all cases under Chapters	5211
2151. and 2152. of the Revised Code, all parentage proceedings	5212
over which the juvenile court has jurisdiction, and all divorce,	5213
dissolution of marriage, legal separation, and annulment cases	5214
shall be assigned to them, except cases that for some special	5215
reason are assigned to some other judge of the court of common	5216
pleas.	5217

(K) In Butler county:

5218

(1) The judges of the court of common pleas whose terms	5219
begin on January 1, 1957, and January 4, 1993, and successors,	5220
shall have the same qualifications, exercise the same powers and	5221
jurisdiction, and receive the same compensation as other judges of	5222
the court of common pleas of Butler county and shall be elected	5223
and designated as judges of the court of common pleas, division of	5224
domestic relations. The judges of the division of domestic	5225
relations shall have assigned to them all divorce, dissolution of	5226
marriage, legal separation, and annulment cases coming before the	5227
court, except in cases that for some special reason are assigned	5228
to some other judge of the court of common pleas. The judge	5229
senior in point of service shall be charged with the assignment	5230
and division of the work of the division and with the employment	5231
and supervision of all other personnel of the domestic relations	5232
division.	5233

The judge senior in point of service also shall designate the	5234
title, compensation, expense allowances, hours, leaves of absence,	5235
and vacations of the personnel of the division and shall fix their	5236
duties. The duties of the personnel, in addition to other	5237
statutory duties, shall include the handling, servicing, and	5238
investigation of divorce, dissolution of marriage, legal	5239
separation, and annulment cases and providing any counseling and	5240
conciliation services that the division makes available to	5241
persons, whether or not the persons are parties to an action	5242
pending in the division, who request the services.	5243

(2) The judges of the court of common pleas whose terms	5244
begin on January 3, 1987, and January 2, 2003, and successors,	5245
shall have the same qualifications, exercise the same powers and	5246
jurisdiction, and receive the same compensation as other judges of	5247
the court of common pleas of Butler county, shall be elected and	5248
designated as judges of the court of common pleas, juvenile	5249
division, and shall be the juvenile judges as provided in	5250
Chapters 2151. and 2152. of the Revised Code, with the powers and	5251
jurisdictions conferred by those chapters. The judge of the court	5252
of common pleas, juvenile division, who is senior in point of	5253
service, shall be the administrator of the juvenile division and	5254
its subdivisions and departments. The judge, senior in point of	5255
service, shall have charge of the employment, assignment, and	5256
supervision of the personnel of the juvenile division who are	5257
engaged in handling, servicing, or investigating juvenile cases,	5258
including any referees whom the judge considers necessary for the	5259
discharge of the judge's various duties.	5260

The judge, senior in point of service, also shall designate	5261
the title, compensation, expense allowances, hours, leaves of	5262
absence, and vacation of the personnel of the division and shall	5263
fix their duties. The duties of the personnel, in addition to	5264
other statutory duties, include the handling, servicing, and	5265
investigation of juvenile cases and providing any counseling and	5266
conciliation services that the division makes available to	5267
persons, whether or not the persons are parties to an action	5268
pending in the division, who request the services.	5269

(3) If a judge of the court of common pleas, division of	5270
domestic relations or juvenile division, is sick, absent, or	5271
unable to perform that judge's judicial duties or the volume of	5272
cases pending in the judge's division necessitates it, the duties	5273
of that judge shall be performed by the other judges of the	5274
domestic relations and juvenile divisions.	5275

(L)(1) In Cuyahoga county, the judges of the court of common	5276
pleas whose terms begin on January 8, 1961, January 9, 1961,	5277
January 18, 1975, January 19, 1975, and January 13, 1987, and	5278
successors, shall have the same qualifications, exercise the same	5279
powers and jurisdiction, and receive the same compensation as	5280
other judges of the court of common pleas of Cuyahoga county and	5281
shall be elected and designated as judges of the court of common	5282
pleas, division of domestic relations. They shall have all the	5283
powers relating to all divorce, dissolution of marriage, legal	5284
separation, and annulment cases, except in cases that are assigned	5285
to some other judge of the court of common pleas for some special	5286
reason.	5287

(2) The administrative judge is administrator of the	5288
domestic relations division and its subdivisions and departments	5289
and has the following powers concerning division personnel:	5290

(a) Full charge of the employment, assignment, and	5291
supervision;	5292

(b) Sole determination of compensation, duties, expenses,	5293
allowances, hours, leaves, and vacations.	5294

(3) "Division personnel" include persons employed or referees	5295
engaged in hearing, servicing, investigating, counseling, or	5296
conciliating divorce, dissolution of marriage, legal separation	5297
and annulment matters.	5298

(M) In Lake county:

5299

(1) The judge of the court of common pleas whose term begins	5300
on January 2, 1961, and successors, shall have the same	5301
qualifications, exercise the same powers and jurisdiction, and	5302
receive the same compensation as the other judges of the court of	5303
common pleas of Lake county and shall be elected and designated as	5304
judge of the court of common pleas, division of domestic	5305
relations. The judge shall be assigned all the divorce,	5306
dissolution of marriage, legal separation, and annulment cases	5307
coming before the court, except in cases that for some special	5308
reason are assigned to some other judge of the court of common	5309
pleas. The judge shall be charged with the assignment and	5310
division of the work of the division and with the employment and	5311
supervision of all other personnel of the domestic relations	5312
division.	5313

The judge also shall designate the title, compensation,	5314
expense allowances, hours, leaves of absence, and vacations of the	5315
personnel of the division and shall fix their duties. The duties	5316
of the personnel, in addition to other statutory duties, shall	5317
include the handling, servicing, and investigation of divorce,	5318
dissolution of marriage, legal separation, and annulment cases and	5319
providing any counseling and conciliation services that the	5320
division makes available to persons, whether or not the persons	5321
are parties to an action pending in the division, who request the	5322
services.	5323

(2) The judge of the court of common pleas whose term begins	5324
on January 4, 1979, and successors, shall have the same	5325
qualifications, exercise the same powers and jurisdiction, and	5326
receive the same compensation as other judges of the court of	5327
common pleas of Lake county, shall be elected and designated as	5328
judge of the court of common pleas, juvenile division, and shall	5329
be the juvenile judge as provided in Chapters 2151. and 2152. of	5330
the Revised Code, with the powers and jurisdictions conferred by	5331
those chapters. The judge of the court of common pleas, juvenile	5332
division, shall be the administrator of the juvenile division and	5333
its subdivisions and departments. The judge shall have charge of	5334
the employment, assignment, and supervision of the personnel of	5335
the juvenile division who are engaged in handling, servicing, or	5336
investigating juvenile cases, including any referees whom the	5337
judge considers necessary for the discharge of the judge's various	5338
duties.	5339

The judge also shall designate the title, compensation,	5340
expense allowances, hours, leaves of absence, and vacation of the	5341
personnel of the division and shall fix their duties. The duties	5342
of the personnel, in addition to other statutory duties, include	5343
the handling, servicing, and investigation of juvenile cases and	5344
providing any counseling and conciliation services that the	5345
division makes available to persons, whether or not the persons	5346
are parties to an action pending in the division, who request the	5347
services.	5348

(3) If a judge of the court of common pleas, division of	5349
domestic relations or juvenile division, is sick, absent, or	5350
unable to perform that judge's judicial duties or the volume of	5351
cases pending in the judge's division necessitates it, the duties	5352
of that judge shall be performed by the other judges of the	5353
domestic relations and juvenile divisions.	5354

(N) In Erie county, the judge of the court of common pleas	5355
whose term begins on January 2, 1971, and successors, shall have	5356
the same qualifications, exercise the same powers and	5357
jurisdiction, and receive the same compensation as the other judge	5358
of the court of common pleas of Erie county and shall be elected	5359
and designated as judge of the court of common pleas, division of	5360
domestic relations. The judge shall have all the powers relating	5361
to juvenile courts, and shall be assigned all cases under Chapters	5362
2151. and 2152. of the Revised Code, parentage proceedings over	5363
which the juvenile court has jurisdiction, and divorce,	5364
dissolution of marriage, legal separation, and annulment cases,	5365
except cases that for some special reason are assigned to some	5366
other judge.	5367

(O) In Greene county:

5368

(1) The judge of the court of common pleas whose term begins	5369
on January 1, 1961, and successors, shall have the same	5370
qualifications, exercise the same powers and jurisdiction, and	5371
receive the same compensation as the other judges of the court of	5372
common pleas of Greene county and shall be elected and designated	5373
as the judge of the court of common pleas, division of domestic	5374
relations. The judge shall be assigned all divorce, dissolution	5375
of marriage, legal separation, annulment, uniform reciprocal	5376
support enforcement, and domestic violence cases and all other	5377
cases related to domestic relations, except cases that for some	5378
special reason are assigned to some other judge of the court of	5379
common pleas.	5380

The judge shall be charged with the assignment and division	5381
of the work of the division and with the employment and	5382
supervision of all other personnel of the division. The judge	5383
also shall designate the title, compensation, hours, leaves of	5384
absence, and vacations of the personnel of the division and shall	5385
fix their duties. The duties of the personnel of the division, in	5386
addition to other statutory duties, shall include the handling,	5387
servicing, and investigation of divorce, dissolution of marriage,	5388
legal separation, and annulment cases and the provision of	5389
counseling and conciliation services that the division considers	5390
necessary and makes available to persons who request the services,	5391
whether or not the persons are parties in an action pending in the	5392
division. The compensation for the personnel shall be paid from	5393
the overall court budget and shall be included in the	5394
appropriations for the existing judges of the general division of	5395
the court of common pleas.	5396

(2) The judge of the court of common pleas whose term begins	5397
on January 1, 1995, and successors, shall have the same	5398
qualifications, exercise the same powers and jurisdiction, and	5399
receive the same compensation as the other judges of the court of	5400
common pleas of Greene county, shall be elected and designated as	5401
judge of the court of common pleas, juvenile division, and, on or	5402
after January 1, 1995, shall be the juvenile judge as provided in	5403
Chapters 2151. and 2152. of the Revised Code with the powers and	5404
jurisdiction conferred by those chapters. The judge of the court	5405
of common pleas, juvenile division, shall be the administrator of	5406
the juvenile division and its subdivisions and departments. The	5407
judge shall have charge of the employment, assignment, and	5408
supervision of the personnel of the juvenile division who are	5409
engaged in handling, servicing, or investigating juvenile cases,	5410
including any referees whom the judge considers necessary for the	5411
discharge of the judge's various duties.	5412

The judge also shall designate the title, compensation,	5413
expense allowances, hours, leaves of absence, and vacation of the	5414
personnel of the division and shall fix their duties. The duties	5415
of the personnel, in addition to other statutory duties, include	5416
the handling, servicing, and investigation of juvenile cases and	5417
providing any counseling and conciliation services that the court	5418
makes available to persons, whether or not the persons are parties	5419
to an action pending in the court, who request the services.	5420

(3) If one of the judges of the court of common pleas,	5421
general division, is sick, absent, or unable to perform that	5422
judge's judicial duties or the volume of cases pending in the	5423
general division necessitates it, the duties of that judge of the	5424
general division shall be performed by the judge of the division	5425
of domestic relations and the judge of the juvenile division.	5426

(P) In Portage county, the judge of the court of common	5427
pleas, whose term begins January 2, 1987, and successors, shall	5428
have the same qualifications, exercise the same powers and	5429
jurisdiction, and receive the same compensation as the other	5430
judges of the court of common pleas of Portage county and shall be	5431
elected and designated as judge of the court of common pleas,	5432
division of domestic relations. The judge shall be assigned all	5433
divorce, dissolution of marriage, legal separation, and annulment	5434
cases coming before the court, except in cases that for some	5435
special reason are assigned to some other judge of the court of	5436
common pleas. The judge shall be charged with the assignment and	5437
division of the work of the division and with the employment and	5438
supervision of all other personnel of the domestic relations	5439
division.	5440

The judge also shall designate the title, compensation,	5441
expense allowances, hours, leaves of absence, and vacations of the	5442
personnel of the division and shall fix their duties. The duties	5443
of the personnel, in addition to other statutory duties, shall	5444
include the handling, servicing, and investigation of divorce,	5445
dissolution of marriage, legal separation, and annulment cases and	5446
providing any counseling and conciliation services that the	5447
division makes available to persons, whether or not the persons	5448
are parties to an action pending in the division, who request the	5449
services.	5450

(Q) In Clermont county, the judge of the court of common	5451
pleas, whose term begins January 2, 1987, and successors, shall	5452
have the same qualifications, exercise the same powers and	5453
jurisdiction, and receive the same compensation as the other	5454
judges of the court of common pleas of Clermont county and shall	5455
be elected and designated as judge of the court of common pleas,	5456
division of domestic relations. The judge shall be assigned all	5457
divorce, dissolution of marriage, legal separation, and annulment	5458
cases coming before the court, except in cases that for some	5459
special reason are assigned to some other judge of the court of	5460
common pleas. The judge shall be charged with the assignment and	5461
division of the work of the division and with the employment and	5462
supervision of all other personnel of the domestic relations	5463
division.	5464

The judge also shall designate the title, compensation,	5465
expense allowances, hours, leaves of absence, and vacations of the	5466
personnel of the division and shall fix their duties. The duties	5467
of the personnel, in addition to other statutory duties, shall	5468
include the handling, servicing, and investigation of divorce,	5469
dissolution of marriage, legal separation, and annulment cases and	5470
providing any counseling and conciliation services that the	5471
division makes available to persons, whether or not the persons	5472
are parties to an action pending in the division, who request the	5473
services.	5474

(R) In Warren county, the judge of the court of common	5475
pleas, whose term begins January 1, 1987, and successors, shall	5476
have the same qualifications, exercise the same powers and	5477
jurisdiction, and receive the same compensation as the other	5478
judges of the court of common pleas of Warren county and shall be	5479
elected and designated as judge of the court of common pleas,	5480
division of domestic relations. The judge shall be assigned all	5481
divorce, dissolution of marriage, legal separation, and annulment	5482
cases coming before the court, except in cases that for some	5483
special reason are assigned to some other judge of the court of	5484
common pleas. The judge shall be charged with the assignment and	5485
division of the work of the division and with the employment and	5486
supervision of all other personnel of the domestic relations	5487
division.	5488

The judge also shall designate the title, compensation,	5489
expense allowances, hours, leaves of absence, and vacations of the	5490
personnel of the division and shall fix their duties. The duties	5491
of the personnel, in addition to other statutory duties, shall	5492
include the handling, servicing, and investigation of divorce,	5493
dissolution of marriage, legal separation, and annulment cases and	5494
providing any counseling and conciliation services that the	5495
division makes available to persons, whether or not the persons	5496
are parties to an action pending in the division, who request the	5497
services.	5498

(S) In Licking county, the judge of the court of common	5499
pleas, whose term begins January 1, 1991, and successors, shall	5500
have the same qualifications, exercise the same powers and	5501
jurisdiction, and receive the same compensation as the other	5502
judges of the court of common pleas of Licking county and shall be	5503
elected and designated as judge of the court of common pleas,	5504
division of domestic relations. The judge shall be assigned all	5505
divorce, dissolution of marriage, legal separation, and annulment	5506
cases, all cases arising under Chapter 3111. of the Revised Code,	5507
all proceedings involving child support, the allocation of	5508
parental rights and responsibilities for the care of children and	5509
the designation for the children of a place of residence and legal	5510
custodian, parenting time, and visitation, and all post-decree	5511
proceedings and matters arising from those cases and proceedings,	5512
except in cases that for some special reason are assigned to	5513
another judge of the court of common pleas. The judge shall be	5514
charged with the assignment and division of the work of the	5515
division and with the employment and supervision of the personnel	5516
of the division.	5517

The judge shall designate the title, compensation, expense	5518
allowances, hours, leaves of absence, and vacations of the	5519
personnel of the division and shall fix the duties of the	5520
personnel of the division. The duties of the personnel of the	5521
division, in addition to other statutory duties, shall include the	5522
handling, servicing, and investigation of divorce, dissolution of	5523
marriage, legal separation, and annulment cases, cases arising	5524
under Chapter 3111. of the Revised Code, and proceedings involving	5525
child support, the allocation of parental rights and	5526
responsibilities for the care of children and the designation for	5527
the children of a place of residence and legal custodian,	5528
parenting time, and visitation and providing any counseling and	5529
conciliation services that the division makes available to	5530
persons, whether or not the persons are parties to an action	5531
pending in the division, who request the services.	5532

(T) In Allen county, the judge of the court of common pleas,	5533
whose term begins January 1, 1993, and successors, shall have the	5534
same qualifications, exercise the same powers and jurisdiction,	5535
and receive the same compensation as the other judges of the court	5536
of common pleas of Allen county and shall be elected and	5537
designated as judge of the court of common pleas, division of	5538
domestic relations. The judge shall be assigned all divorce,	5539
dissolution of marriage, legal separation, and annulment cases,	5540
all cases arising under Chapter 3111. of the Revised Code, all	5541
proceedings involving child support, the allocation of parental	5542
rights and responsibilities for the care of children and the	5543
designation for the children of a place of residence and legal	5544
custodian, parenting time, and visitation, and all post-decree	5545
proceedings and matters arising from those cases and proceedings,	5546
except in cases that for some special reason are assigned to	5547
another judge of the court of common pleas. The judge shall be	5548
charged with the assignment and division of the work of the	5549
division and with the employment and supervision of the personnel	5550
of the division.	5551

The judge shall designate the title, compensation, expense	5552
allowances, hours, leaves of absence, and vacations of the	5553
personnel of the division and shall fix the duties of the	5554
personnel of the division. The duties of the personnel of the	5555
division, in addition to other statutory duties, shall include the	5556
handling, servicing, and investigation of divorce, dissolution of	5557
marriage, legal separation, and annulment cases, cases arising	5558
under Chapter 3111. of the Revised Code, and proceedings involving	5559
child support, the allocation of parental rights and	5560
responsibilities for the care of children and the designation for	5561
the children of a place of residence and legal custodian,	5562
parenting time, and visitation, and providing any counseling and	5563
conciliation services that the division makes available to	5564
persons, whether or not the persons are parties to an action	5565
pending in the division, who request the services.	5566

(U) In Medina county, the judge of the court of common pleas	5567
whose term begins January 1, 1995, and successors, shall have the	5568
same qualifications, exercise the same powers and jurisdiction,	5569
and receive the same compensation as other judges of the court of	5570
common pleas of Medina county and shall be elected and designated	5571
as judge of the court of common pleas, division of domestic	5572
relations. The judge shall be assigned all divorce, dissolution	5573
of marriage, legal separation, and annulment cases, all cases	5574
arising under Chapter 3111. of the Revised Code, all proceedings	5575
involving child support, the allocation of parental rights and	5576
responsibilities for the care of children and the designation for	5577
the children of a place of residence and legal custodian,	5578
parenting time, and visitation, and all post-decree proceedings	5579
and matters arising from those cases and proceedings, except in	5580
cases that for some special reason are assigned to another judge	5581
of the court of common pleas. The judge shall be charged with the	5582
assignment and division of the work of the division and with the	5583
employment and supervision of the personnel of the division.	5584

The judge shall designate the title, compensation, expense	5585
allowances, hours, leaves of absence, and vacations of the	5586
personnel of the division and shall fix the duties of the	5587
personnel of the division. The duties of the personnel, in	5588
addition to other statutory duties, include the handling,	5589
servicing, and investigation of divorce, dissolution of marriage,	5590
legal separation, and annulment cases, cases arising under Chapter	5591
3111. of the Revised Code, and proceedings involving child	5592
support, the allocation of parental rights and responsibilities	5593
for the care of children and the designation for the children of a	5594
place of residence and legal custodian, parenting time, and	5595
visitation, and providing counseling and conciliation services	5596
that the division makes available to persons, whether or not the	5597
persons are parties to an action pending in the division, who	5598
request the services.	5599

(V) In Fairfield county, the judge of the court of common	5600
pleas whose term begins January 2, 1995, and successors, shall	5601
have the same qualifications, exercise the same powers and	5602
jurisdiction, and receive the same compensation as the other	5603
judges of the court of common pleas of Fairfield county and shall	5604
be elected and designated as judge of the court of common pleas,	5605
division of domestic relations. The judge shall be assigned all	5606
divorce, dissolution of marriage, legal separation, and annulment	5607
cases, all cases arising under Chapter 3111. of the Revised Code,	5608
all proceedings involving child support, the allocation of	5609
parental rights and responsibilities for the care of children and	5610
the designation for the children of a place of residence and legal	5611
custodian, parenting time, and visitation, and all post-decree	5612
proceedings and matters arising from those cases and proceedings,	5613
except in cases that for some special reason are assigned to	5614
another judge of the court of common pleas. The judge also has	5615
concurrent jurisdiction with the probate-juvenile division of the	5616
court of common pleas of Fairfield county with respect to and may	5617
hear cases to determine the custody of a child, as defined in	5618
section 2151.011 of the Revised Code, who is not the ward of	5619
another court of this state, cases that are commenced by a parent,	5620
guardian, or custodian of a child, as defined in section 2151.011	5621
of the Revised Code, to obtain an order requiring a parent of the	5622
child to pay child support for that child when the request for	5623
that order is not ancillary to an action for divorce, dissolution	5624
of marriage, annulment, or legal separation, a criminal or civil	5625
action involving an allegation of domestic violence, an action for	5626
support under Chapter 3115. of the Revised Code, or an action that	5627
is within the exclusive original jurisdiction of the	5628
probate-juvenile division of the court of common pleas of	5629
Fairfield county and that involves an allegation that the child is	5630
an abused, neglected, or dependent child, and post-decree	5631
proceedings and matters arising from those types of cases.	5632

The judge of the domestic relations division shall be charged	5633
with the assignment and division of the work of the division and	5634
with the employment and supervision of the personnel of the	5635
division.	5636

The judge shall designate the title, compensation, expense	5637
allowances, hours, leaves of absence, and vacations of the	5638
personnel of the division and shall fix the duties of the	5639
personnel of the division. The duties of the personnel of the	5640
division, in addition to other statutory duties, shall include the	5641
handling, servicing, and investigation of divorce, dissolution of	5642
marriage, legal separation, and annulment cases, cases arising	5643
under Chapter 3111. of the Revised Code, and proceedings involving	5644
child support, the allocation of parental rights and	5645
responsibilities for the care of children and the designation for	5646
the children of a place of residence and legal custodian,	5647
parenting time, and visitation, and providing any counseling and	5648
conciliation services that the division makes available to	5649
persons, regardless of whether the persons are parties to an	5650
action pending in the division, who request the services. When	5651
the judge hears a case to determine the custody of a child, as	5652
defined in section 2151.011 of the Revised Code, who is not the	5653
ward of another court of this state or a case that is commenced by	5654
a parent, guardian, or custodian of a child, as defined in section	5655
2151.011 of the Revised Code, to obtain an order requiring a	5656
parent of the child to pay child support for that child when the	5657
request for that order is not ancillary to an action for divorce,	5658
dissolution of marriage, annulment, or legal separation, a	5659
criminal or civil action involving an allegation of domestic	5660
violence, an action for support under Chapter 3115. of the Revised	5661
Code, or an action that is within the exclusive original	5662
jurisdiction of the probate-juvenile division of the court of	5663
common pleas of Fairfield county and that involves an allegation	5664
that the child is an abused, neglected, or dependent child, the	5665
duties of the personnel of the domestic relations division also	5666
include the handling, servicing, and investigation of those types	5667
of cases.	5668

(W)(1) In Clark county, the judge of the court of common	5669
pleas whose term begins on January 2, 1995, and successors, shall	5670
have the same qualifications, exercise the same powers and	5671
jurisdiction, and receive the same compensation as other judges of	5672
the court of common pleas of Clark county and shall be elected and	5673
designated as judge of the court of common pleas, domestic	5674
relations division. The judge shall have all the powers relating	5675
to juvenile courts, and all cases under Chapters 2151. and 2152.	5676
of the Revised Code and all parentage proceedings under Chapter	5677
3111. of the Revised Code over which the juvenile court has	5678
jurisdiction shall be assigned to the judge of the division of	5679
domestic relations. All divorce, dissolution of marriage, legal	5680
separation, annulment, uniform reciprocal support enforcement, and	5681
other cases related to domestic relations shall be assigned to the	5682
domestic relations division, and the presiding judge of the court	5683
of common pleas shall assign the cases to the judge of the	5684
domestic relations division and the judges of the general	5685
division.	5686

(2) In addition to the judge's regular duties, the judge of	5687
the division of domestic relations shall serve on the children	5688
services board and the county advisory board.	5689

(3) If the judge of the court of common pleas of Clark	5690
county, division of domestic relations, is sick, absent, or unable	5691
to perform that judge's judicial duties or if the presiding judge	5692
of the court of common pleas of Clark county determines that the	5693
volume of cases pending in the division of domestic relations	5694
necessitates it, the duties of the judge of the division of	5695
domestic relations shall be performed by the judges of the general	5696
division or probate division of the court of common pleas of Clark	5697
county, as assigned for that purpose by the presiding judge of	5698
that court, and the judges so assigned shall act in conjunction	5699
with the judge of the division of domestic relations of that	5700
court.	5701

(X) In Scioto county, the judge of the court of common pleas	5702
whose term begins January 2, 1995, and successors, shall have the	5703
same qualifications, exercise the same powers and jurisdiction,	5704
and receive the same compensation as other judges of the court of	5705
common pleas of Scioto county and shall be elected and designated	5706
as judge of the court of common pleas, division of domestic	5707
relations. The judge shall be assigned all divorce, dissolution	5708
of marriage, legal separation, and annulment cases, all cases	5709
arising under Chapter 3111. of the Revised Code, all proceedings	5710
involving child support, the allocation of parental rights and	5711
responsibilities for the care of children and the designation for	5712
the children of a place of residence and legal custodian,	5713
parenting time, visitation, and all post-decree proceedings and	5714
matters arising from those cases and proceedings, except in cases	5715
that for some special reason are assigned to another judge of the	5716
court of common pleas. The judge shall be charged with the	5717
assignment and division of the work of the division and with the	5718
employment and supervision of the personnel of the division.	5719

The judge shall designate the title, compensation, expense	5720
allowances, hours, leaves of absence, and vacations of the	5721
personnel of the division and shall fix the duties of the	5722
personnel of the division. The duties of the personnel, in	5723
addition to other statutory duties, include the handling,	5724
servicing, and investigation of divorce, dissolution of marriage,	5725
legal separation, and annulment cases, cases arising under Chapter	5726
3111. of the Revised Code, and proceedings involving child	5727
support, the allocation of parental rights and responsibilities	5728
for the care of children and the designation for the children of a	5729
place of residence and legal custodian, parenting time, and	5730
visitation, and providing counseling and conciliation services	5731
that the division makes available to persons, whether or not the	5732
persons are parties to an action pending in the division, who	5733
request the services.	5734

(Y) In Auglaize county, the judge of the probate and	5735
juvenile divisions of the Auglaize county court of common pleas	5736
also shall be the administrative judge of the domestic relations	5737
division of the court and shall be assigned all divorce,	5738
dissolution of marriage, legal separation, and annulment cases	5739
coming before the court. The judge shall have all powers as	5740
administrator of the domestic relations division and shall have	5741
charge of the personnel engaged in handling, servicing, or	5742
investigating divorce, dissolution of marriage, legal separation,	5743
and annulment cases, including any referees considered necessary	5744
for the discharge of the judge's various duties.	5745

(Z)(1) In Marion county, the judge of the court of common	5746
pleas whose term begins on February 9, 1999, and the successors to	5747
that judge, shall have the same qualifications, exercise the same	5748
powers and jurisdiction, and receive the same compensation as the	5749
other judges of the court of common pleas of Marion county and	5750
shall be elected and designated as judge of the court of common	5751
pleas, domestic relations-juvenile-probate division. Except as	5752
otherwise specified in this division, that judge, and the	5753
successors to that judge, shall have all the powers relating to	5754
juvenile courts, and all cases under Chapters 2151. and 2152. of	5755
the Revised Code, all cases arising under Chapter 3111. of the	5756
Revised Code, all divorce, dissolution of marriage, legal	5757
separation, and annulment cases, all proceedings involving child	5758
support, the allocation of parental rights and responsibilities	5759
for the care of children and the designation for the children of a	5760
place of residence and legal custodian, parenting time, and	5761
visitation, and all post-decree proceedings and matters arising	5762
from those cases and proceedings shall be assigned to that judge	5763
and the successors to that judge. Except as provided in division	5764
(Z)(2) of this section and notwithstanding any other provision of	5765
any section of the Revised Code, on and after February 9, 2003,	5766
the judge of the court of common pleas of Marion county whose term	5767
begins on February 9, 1999, and the successors to that judge,	5768
shall have all the powers relating to the probate division of the	5769
court of common pleas of Marion county in addition to the powers	5770
previously specified in this division, and shall exercise	5771
concurrent jurisdiction with the judge of the probate division of	5772
that court over all matters that are within the jurisdiction of	5773
the probate division of that court under Chapter 2101., and other	5774
provisions, of the Revised Code in addition to the jurisdiction of	5775
the domestic relations-juvenile-probate division of that court	5776
otherwise specified in division (Z)(1) of this section.	5777

(2) The judge of the domestic relations-juvenile-probate	5778
division of the court of common pleas of Marion county or the	5779
judge of the probate division of the court of common pleas of	5780
Marion county, whichever of those judges is senior in total length	5781
of service on the court of common pleas of Marion county,	5782
regardless of the division or divisions of service, shall serve as	5783
the clerk of the probate division of the court of common pleas of	5784
Marion county.	5785

(3) On and after February 9, 2003, all references in law to	5786
"the probate court," "the probate judge," "the juvenile court," or	5787
"the judge of the juvenile court" shall be construed, with respect	5788
to Marion county, as being references to both "the probate	5789
division" and "the domestic relations-juvenile-probate division"	5790
and as being references to both "the judge of the probate	5791
division" and "the judge of the domestic relations-	5792
juvenile-probate division." On and after February 9, 2003, all	5793
references in law to "the clerk of the probate court" shall be	5794
construed, with respect to Marion county, as being references to	5795
the judge who is serving pursuant to division (Z)(2) of this	5796
section as the clerk of the probate division of the court of	5797
common pleas of Marion county.	5798

(AA) In Muskingum county, the judge of the court of common	5799
pleas whose term begins on January 2, 2003, and successors, shall	5800
have the same qualifications, exercise the same powers and	5801
jurisdiction, and receive the same compensation as the other	5802
judges of the court of common pleas of Muskingum county and shall	5803
be elected and designated as the judge of the court of common	5804
pleas, division of domestic relations. The judge shall have all	5805
of the powers relating to juvenile courts and shall be assigned	5806
all cases under Chapter 2151. or 2152. of the Revised Code, all	5807
parentage proceedings over which the juvenile court has	5808
jurisdiction, all divorce, dissolution of marriage, legal	5809
separation, and annulment cases, all cases arising under Chapter	5810
3111. of the Revised Code, all proceedings involving child	5811
support, the allocation of parental rights and responsibilities	5812
for the care of children, the designation for the children of a	5813
place of residence and legal custodian, and visitation, and all	5814
post-decree proceedings and matters arising from those cases and	5815
proceedings, except cases that for some special reason are	5816
assigned to some other judge of the court of common pleas.	5817

(BB) If a judge of the court of common pleas, division of	5818
domestic relations, or juvenile judge, of any of the counties	5819
mentioned in this section is sick, absent, or unable to perform	5820
that judge's judicial duties or the volume of cases pending in the	5821
judge's division necessitates it, the duties of that judge shall	5822
be performed by another judge of the court of common pleas of that	5823
county, assigned for that purpose by the presiding judge of the	5824
court of common pleas of that county to act in place of or in	5825
conjunction with that judge, as the case may require.	5826

Sec. 2301.27.  (A)(1) The court of common pleas may	5827
establish a county department of probation. The establishment of	5828
the department shall be entered upon the journal of the court, and	5829
the clerk of the court of common pleas shall certify a copy of the	5830
journal entry establishing the department to each elective officer	5831
and board of the county. The department shall consist of a chief	5832
probation officer and the number of other probation officers and	5833
employees, clerks, and stenographers that is fixed from time to	5834
time by the court. The court shall appoint those individuals, fix	5835
their salaries, and supervise their work. The court shall not	5836
appoint as a probation officer any person who does not possess the	5837
training, experience, and other qualifications prescribed by the	5838
adult parole authority created by section 5149.02 of the Revised	5839
Code. Probation officers have all the powers of regular police	5840
officers and shall perform any duties that are designated by the	5841
judge or judges of the court. All positions within the department	5842
of probation shall be in the classified service of the civil	5843
service of the county.	5844

(2) If two or more counties desire to jointly establish a	5845
probation department for those counties, the judges of the courts	5846
of common pleas of those counties may establish a probation	5847
department for those counties. If a probation department is	5848
established pursuant to division (A)(2) of this section to serve	5849
more than one county, the judges of the courts of common pleas	5850
that established the department shall designate the county	5851
treasurer of one of the counties served by the department as the	5852
treasurer to whom probation fees paid under section 2951.021 of	5853
the Revised Code are to be appropriated and transferred under	5854
division (A)(2) of section 321.44 of the Revised Code for deposit	5855
into the multicounty probation services fund established under	5856
division (B) of section 321.44 of the Revised Code.	5857

The cost of the administration and operation of a probation	5858
department established for two or more counties shall be prorated	5859
to the respective counties on the basis of population.	5860

(3) Probation officers shall receive, in addition to their	5861
respective salaries, their necessary and reasonable travel and	5862
other expenses incurred in the performance of their duties. Their	5863
salaries and expenses shall be paid monthly from the county	5864
treasury in the manner provided for the payment of the	5865
compensation of other appointees of the court.	5866

(B)(1) In lieu of establishing a county department of	5867
probation under division (A) of this section and in lieu of	5868
entering into an agreement with the adult parole authority as	5869
described in division (B) of section 2301.32 of the Revised Code,	5870
the court of common pleas may request the board of county	5871
commissioners to contract with, and upon that request the board	5872
may contract with, any nonprofit, public or private agency,	5873
association, or organization for the provision of probation	5874
services and supervisory services for persons placed under	5875
community control sanctions. The contract shall specify that each	5876
individual providing the probation services and supervisory	5877
services shall possess the training, experience, and other	5878
qualifications prescribed by the adult parole authority. The	5879
individuals who provide the probation services and supervisory	5880
services shall not be included in the classified or unclassified	5881
civil service of the county.	5882

(2) In lieu of establishing a county department of probation	5883
under division (A) of this section and in lieu of entering into an	5884
agreement with the adult parole authority as described in division	5885
(B) of section 2301.32 of the Revised Code, the courts of common	5886
pleas of two or more adjoining counties jointly may request the	5887
boards of county commissioners of those counties to contract with,	5888
and upon that request the boards of county commissioners of two or	5889
more adjoining counties jointly may contract with, any nonprofit,	5890
public or private agency, association, or organization for the	5891
provision of probation services and supervisory services for	5892
persons placed under community control sanctions for those	5893
counties. The contract shall specify that each individual	5894
providing the probation services and supervisory services shall	5895
possess the training, experience, and other qualifications	5896
prescribed by the adult parole authority. The individuals who	5897
provide the probation services and supervisory services shall not	5898
be included in the classified or unclassified civil service of any	5899
of those counties.	5900

(C) The chief probation officer may grant permission to a	5901
probation officer to carry firearms when required in the discharge	5902
of official duties, provided that any probation officer who is	5903
granted permission to carry firearms in the discharge of official	5904
duties, within six months of receiving permission to carry a	5905
firearm, shall successfully complete a basic firearm training	5906
program that is conducted at a training school approved by the	5907
Ohio peace officer training commission and that is substantially	5908
similar to the basic firearm training program for peace officers	5909
conducted at the Ohio peace officer training academy and receive a	5910
certificate of satisfactory completion of that program from the	5911
executive director of the Ohio peace officer training commission.	5912
Any probation officer who does not successfully complete a basic	5913
firearm training program within the six-month period after	5914
receiving permission to carry a firearm shall not carry, after the	5915
expiration of that six-month period, a firearm in the discharge of	5916
official duties until the probation officer has successfully	5917
completed a basic firearm training program. A probation officer	5918
who has received a certificate of satisfactory completion of a	5919
basic firearm training program, to maintain the right to carry a	5920
firearm in the discharge of official duties, annually shall	5921
successfully complete a firearms requalification program in	5922
accordance with section 109.801 of the Revised Code.	5923

(D) As used in this section and sections 2301.28 to 2301.32	5924
of the Revised Code, "community control sanction" has the same	5925
meaning as in section 2929.01 of the Revised Code.	5926

Sec. 2301.28.  The court of common pleas of a county in which	5927
a county department of probation has been established under	5928
division (A) of section 2301.27 of the Revised Code, in addition	5929
to employing the department in investigation and in the	5930
administration of its own orders of probationimposing community	5931
control sanctions, shall receive into the legal control or	5932
supervision of the department any person who is a resident of the	5933
county and who has been placed on probationunder a community	5934
control sanction by order of any other court exercising criminal	5935
jurisdiction in this state, whether within or without the county	5936
in which the department of probation is located, upon the request	5937
of the other court and subject to its continuing jurisdiction. The	5938
court of common pleas also shall receive into the legal custody or	5939
supervision of the department any person who is paroled,released	5940
under a post-release control sanction, or conditionally pardoned	5941
from a state correctional institution and who resides or remains	5942
in the county, if requested by the adult parole authority created	5943
by section 5149.02 of the Revised Code or any other authority	5944
having power to parole or release from any institution of that	5945
nature.	5946

As used in this section and section 2301.30 of the Revised	5947
Code, "post-release control sanction" has the same meaning as in	5948
section 2967.01 of the Revised Code.	5949

Sec. 2301.30.  The court of common pleas of a county in which	5950
a county department of probation is established under division (A)	5951
of section 2301.27 of the Revised Code shall require the	5952
department, in the rules through which the supervision of the	5953
department is exercised or otherwise, to do all of the following:	5954

(A) Furnish to each person under a community control	5955
sanction or post-release control sanction or on probation or	5956
parole under its supervision or in its custody, a written	5957
statement of the conditions of probationthe community control	5958
sanction, post-release control sanction, or parole and instruct	5959
himthe person regarding the conditions;	5960

(B) Keep informed concerning the conduct and condition of	5961
each person in its custody or under its supervision by visiting,	5962
the requiring of reports, and otherwise;	5963

(C) Use all suitable methods, not inconsistent with the	5964
conditions of probationthe community control sanction,	5965
post-release control sanction, or parole, to aid and encourage the	5966
persons under its supervision or in its custody and to bring about	5967
improvement in their conduct and condition;	5968

(D) Keep detailed records of the work of the department,	5969
keep accurate and complete accounts of all moneys collected from	5970
persons under its supervision or in its custody, and keep or give	5971
receipts for those moneys;	5972

(E) Make reports to the adult parole authority created by	5973
section 5149.02 of the Revised Code that it requires.	5974

Sec. 2301.32.  (A) In any county in which a county	5975
department of probation has been established under division (A) of	5976
section 2301.27 of the Revised Code and complies with standards	5977
and conditions prescribed by the adult parole authority created by	5978
section 5149.02 of the Revised Code, an agreement may be entered	5979
into between the court of common pleas and the authority under	5980
which the county department of probation correctional may receive	5981
supplemental investigation or supervisory services from the	5982
authority.	5983

(B) In any county in which a county department of probation	5984
has not been established under division (A) of section 2301.27 of	5985
the Revised Code, an agreement may be entered into between the	5986
court of common pleas of that county and the adult parole	5987
authority under which the court of common pleas may place	5988
defendants on probationunder a community control sanction in	5989
charge of the authority, and, in consideration of those	5990
placements, the county shall pay to the state from time to time	5991
the amounts that are provided for in the agreement.	5992

Sec. 2301.56.  (A) A judicial corrections board that	5993
proposes or establishes one or more community-based correctional	5994
facilities and programs or district community-based correctional	5995
facilities and programs may apply to the division of parole and	5996
community services for state financial assistance for the cost of	5997
renovation, maintenance, and operation of any of the facilities	5998
and programs. If the judicial corrections board has proposed or	5999
established more than one facility and program and if it desires	6000
state financial assistance for more than one of the facilities and	6001
programs, the board shall submit a separate application for each	6002
facility and program for which it desires the financial	6003
assistance.	6004

An application for state financial assistance under this	6005
section may be made when the judicial corrections board submits	6006
for the approval of the section its proposal for the establishment	6007
of the facility and program in question to the division of parole	6008
and community services under division (B) of section 2301.51 of	6009
the Revised Code, or at any time after the section has approved	6010
the proposal. All applications for state financial assistance for	6011
proposed or approved facilities and programs shall be made on	6012
forms that are prescribed and furnished by the department of	6013
rehabilitation and correction, and in accordance with section	6014
5120.112 of the Revised Code.	6015

The judicial corrections board may submit a request for	6016
funding of some or all of its community-based correctional	6017
facilities and programs or district community-based correctional	6018
facilities and programs to the board of county commissioners of	6019
the county, if the judicial corrections board serves a	6020
community-based correctional facility and program, or to the	6021
boards of county commissioners of all of the member counties, if	6022
the judicial corrections board serves a district community-based	6023
correctional facility and program. The board or boards may	6024
appropriate, but are not required to appropriate, a sum of money	6025
for funding all aspects of each facility and program as outlined	6026
in sections 2301.51 to 2301.56 of the Revised Code. The judicial	6027
corrections board has no recourse against a board or boards of	6028
county commissioners, either under Chapter 2731. of the Revised	6029
Code, under its contempt power, or under any other authority, if	6030
the board or boards of county commissioners do not appropriate	6031
money for funding any facility or program or if they appropriate	6032
money for funding a facility and program in an amount less than	6033
the total amount of the submitted request for funding.	6034

(B)(1) APursuant to section 2929.29 of the Revised Code, a	6035
board of county commissioners may require a person who was	6036
convicted of an offense and who is confined in a community-based	6037
correctional facility or district community-based correctional	6038
facility as provided in sections 2301.51 to 2301.56 of the Revised	6039
Code, to reimburse the county for its expenses incurred by reason	6040
of the person's confinement, including, but not limited to, the	6041
expenses relating to the provision of food, clothing, shelter,	6042
medical care, personal hygiene products, including, but not	6043
limited to, toothpaste, toothbrushes, and feminine hygiene items,	6044
and up to two hours of overtime costs the sheriff or municipal	6045
corporation incurred relating to the trial of the person. The	6046
amount of reimbursement may be the actual cost of the person's	6047
confinement plus the authorized trial overtime costs or a lesser	6048
amount determined by the board of county commissioners for the	6049
county, provided that the lesser amount shall be determined by a	6050
formula that is uniformly applied to persons incarcerated in the	6051
facility. The amount of reimbursement shall be determined by a	6052
court at a hearing held pursuant to section 2929.18 of the Revised	6053
Code if the person is confined for a felony or section 2929.223 of	6054
the Revised Code if the person is confined for a misdemeanor. The	6055
amount or amounts paid in reimbursement by a person confined for a	6056
misdemeanor or the amount recovered from a person confined for a	6057
misdemeanor by executing upon the judgment obtained pursuant to	6058
section 2929.223 of the Revised Code shall be paid into the	6059
treasury of the county that incurred the expenses. If a person is	6060
confined for a felony and the court imposes a sanction under	6061
section 2929.18 of the Revised Code that requires the person to	6062
reimburse the costs of confinement, the prosecuting attorney shall	6063
bring an action to recover the expenses of confinement in	6064
accordance with section 2929.18 of the Revised Code.	6065

(2) A board of county commissioners may adopt a resolution	6066
specifying that a person who is convicted of a felony and who is	6067
confined in a community-based correctional facility or district	6068
community-based correctional facility as provided in sections	6069
2301.51 to 2301.56 of the Revised Code is not required to	6070
reimburse the county for its expenses incurred by reason of the	6071
person's confinement, including the expenses listed in division	6072
(B)(1) of this section. If the board adopts a resolution of that	6073
nature, the board shall provide a copy to the court of common	6074
pleas of the county, and the court that sentences a person	6075
convicted of a felony shall not impose a sanction under section	6076
2929.18 of the Revised Code that requires the person to reimburse	6077
the costs of the confinement.	6078

(C) In lieu of requiring offenders to reimburse the	6079
political subdivision for expenses incurred by reason of the	6080
person's confinement pursuant to division (B) of this section, the	6081
board or boards of county commissioners, acting jointly with the	6082
judicial corrections board, may adopt a prisoner reimbursement	6083
policy for the community-based correctional facility under this	6084
division to be administered under the direction of the director of	6085
the facility. The director may appoint a reimbursement	6086
coordinator to administer the facility's prisoner reimbursement	6087
policy. A prisoner reimbursement policy adopted under this	6088
division is a policy that requires a person confined to the	6089
facility to reimburse the county or counties for any expenses it	6090
incurs by reason of the person's confinement in the facility,	6091
which expenses may include, but are not limited to, the following:	6092

(1) A per diem fee for room and board of not more than sixty	6093
dollars per day or the actual per diem cost, whichever is less,	6094
for the entire period of time the person is confined to the	6095
facility;	6096

(2) Actual charges for medical and dental treatment;

6097

(3) Reimbursement for government property damaged by the	6098
person while confined to the facility.	6099

Rates charged shall be on a sliding scale determined by the	6100
director with the approval of the judicial corrections board based	6101
on the ability of the person confined to the facility to pay and	6102
on consideration of any legal obligation of the person to support	6103
a spouse, minor children, or other dependents and any moral	6104
obligation to support dependents to whom the person is providing	6105
or has in fact provided support.	6106

The reimbursement coordinator or another person designated by	6107
the director may investigate the financial status of the confined	6108
person and obtain information necessary to investigate that	6109
status, by means that may include contacting employers and	6110
reviewing income tax records. The coordinator may work with the	6111
confined person to create a repayment plan to be implemented upon	6112
the person's release. At the end of the person's incarceration,	6113
the person shall be presented with a billing statement signed by	6114
the director.	6115

The reimbursement coordinator or another person designated by	6116
the director may collect, or the judicial corrections board may	6117
enter into a contract with one or more public agencies or private	6118
vendors to collect, any amounts remaining unpaid. Within twelve	6119
months after the date of the confined person's release, the	6120
prosecuting attorney may file a civil action in the name of the	6121
state in the court of common pleas of the county in which the	6122
facility is located to seek reimbursement from that person for any	6123
billing amount that remains unpaid. No judgment obtained under	6124
this section shall be enforced by means of execution against the	6125
person's homestead. For purposes of this section, "homestead" has	6126
the same meaning as in division (A) of section 323.151 of the	6127
Revised Code. Any reimbursement received under this section shall	6128
be credited to the general fund of the county that bore the	6129
expense, to be used for general fund purposes.	6130

(D)(1) Notwithstanding any contrary provision in this	6131
section or section 2929.18 or 2929.223 of the Revised Code, the	6132
judicial corrections board may establish a policy that requires	6133
any person who is not indigent and who is confined in the	6134
community-based correctional facility or district community-based	6135
correctional facility to pay a reasonable fee for any medical	6136
treatment or service requested by and provided to that person.	6137
This fee shall not exceed the actual cost of the treatment or	6138
service provided. No person confined to a community-based	6139
correctional facility or district community-based correctional	6140
facility who is indigent shall be required to pay those fees, and	6141
no person confined to any facility of that type shall be denied	6142
any necessary medical care because of inability to pay those fees.	6143

Upon provision of the requested medical treatment or service,	6144
payment of the required fee may be automatically deducted from a	6145
person's account record in the facility's business office. If the	6146
person has no funds in the person's account, a deduction may be	6147
made at a later date during the person's confinement in the	6148
facility if funds later become available in that person's account.	6149
If the person is released from the facility and has an unpaid	6150
balance of these fees, the judicial corrections board may bill the	6151
person for payment of the remaining unpaid fees. Fees received	6152
for medical treatment or services shall be paid into the	6153
commissary fund, if one has been created for the facility, or if	6154
no such fund exists, into the county treasury of the county that	6155
actually paid for the treatment or service.	6156

(2) If a person confined to a community-based correctional	6157
facility or district community-based correctional facility is	6158
required under division (B) or (C) of this section or section	6159
2929.18 or 2929.223 of the Revised Code to reimburse the county	6160
for expenses incurred by reason of the person's confinement to the	6161
facility, any fees paid by the person under division (D)(1) of	6162
this section shall be deducted from the expenses required to be	6163
reimbursed under division (B) or (C) of this section or section	6164
2929.18 or 2929.223 of the Revised Code.	6165

(E)(C) If a person who has been convicted of or pleaded	6166
guilty to an offense is confined in a community-based correctional	6167
facility or district community-based correctional facility, at the	6168
time of reception and at other times the person in charge of the	6169
operation of the facility determines to be appropriate, the person	6170
in charge of the operation of the facility may cause the convicted	6171
offender to be examined and tested for tuberculosis, HIV	6172
infection, hepatitis, including but not limited to hepatitis A, B,	6173
and C, and other contagious diseases. The person in charge of the	6174
operation of the facility may cause a convicted offender in the	6175
facility who refuses to be tested or treated for tuberculosis, HIV	6176
infection, hepatitis, including but not limited to hepatitis A, B,	6177
and C, or another contagious disease to be tested and treated	6178
involuntarily.	6179

Sec. 2305.234.  (A) As used in this section:

6180

(1) "Chiropractic claim," "medical claim," and "optometric	6181
claim" have the same meanings as in section 2305.11 of the Revised	6182
Code.	6183

(2) "Dental claim" has the same meaning as in section 2305.11	6184
of the Revised Code, except that it does not include any claim	6185
arising out of a dental operation or any derivative claim for	6186
relief that arises out of a dental operation.	6187

(3) "Governmental health care program" has the same meaning	6188
as in section 4731.65 of the Revised Code.	6189

(4) "Health care professional" means any of the following who	6190
provide medical, dental, or other health-related diagnosis, care,	6191
or treatment:	6192

(a) Physicians authorized under Chapter 4731. of the Revised	6193
Code to practice medicine and surgery or osteopathic medicine and	6194
surgery;	6195

(b) Registered nurses and licensed practical nurses licensed	6196
under Chapter 4723. of the Revised Code;	6197

(c) Physician assistants authorized to practice under	6198
Chapter 4730. of the Revised Code;	6199

(d) Dentists and dental hygienists licensed under Chapter	6200
4715. of the Revised Code;	6201

(e) Physical therapists licensed under Chapter 4755. of the	6202
Revised Code;	6203

(f) Chiropractors licensed under Chapter 4734. of the	6204
Revised Code;	6205

(g) Optometrists licensed under Chapter 4725. of the Revised	6206
Code;	6207

(h) Podiatrists authorized under Chapter 4731. of the	6208
Revised Code to practice podiatry;	6209

(i) Dietitians licensed under Chapter 4759. of the Revised	6210
Code;	6211

(j) Pharmacists licensed under Chapter 4729. of the Revised	6212
Code.	6213

(5) "Health care worker" means a person other than a health	6214
care professional who provides medical, dental, or other	6215
health-related care or treatment under the direction of a health	6216
care professional with the authority to direct that individual's	6217
activities, including medical technicians, medical assistants,	6218
dental assistants, orderlies, aides, and individuals acting in	6219
similar capacities.	6220

(6) "Indigent and uninsured person" means a person who meets	6221
all of the following requirements:	6222

(a) The person's income is not greater than one hundred	6223
fifty per cent of the current poverty line as defined by the	6224
United States office of management and budget and revised in	6225
accordance with section 673(2) of the "Omnibus Budget	6226
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	6227
amended.	6228

(b) The person is not eligible to receive medical assistance	6229
under Chapter 5111., disability assistance medical assistance	6230
under Chapter 5115. of the Revised Code, or assistance under any	6231
other governmental health care program.	6232

(c) Either of the following applies:

6233

(i) The person is not a policyholder, certificate holder,	6234
insured, contract holder, subscriber, enrollee, member,	6235
beneficiary, or other covered individual under a health insurance	6236
or health care policy, contract, or plan.	6237

(ii) The person is a policyholder, certificate holder,	6238
insured, contract holder, subscriber, enrollee, member,	6239
beneficiary, or other covered individual under a health insurance	6240
or health care policy, contract, or plan, but the insurer, policy,	6241
contract, or plan denies coverage or is the subject of insolvency	6242
or bankruptcy proceedings in any jurisdiction.	6243

(7) "Operation" means any procedure that involves cutting or	6244
otherwise infiltrating human tissue by mechanical means, including	6245
surgery, laser surgery, ionizing radiation, therapeutic	6246
ultrasound, or the removal of intraocular foreign bodies.	6247
"Operation" does not include the administration of medication by	6248
injection, unless the injection is administered in conjunction	6249
with a procedure infiltrating human tissue by mechanical means	6250
other than the administration of medicine by injection.	6251

(8) "Nonprofit shelter or health care facility" means a	6252
charitable nonprofit corporation organized and operated pursuant	6253
to Chapter 1702. of the Revised Code, or any charitable	6254
organization not organized and not operated for profit, that	6255
provides shelter, health care services, or shelter and health care	6256
services to indigent and uninsured persons, except that "shelter	6257
or health care facility" does not include a hospital as defined in	6258
section 3727.01 of the Revised Code, a facility licensed under	6259
Chapter 3721. of the Revised Code, or a medical facility that is	6260
operated for profit.	6261

(9) "Tort action" means a civil action for damages for	6262
injury, death, or loss to person or property other than a civil	6263
action for damages for a breach of contract or another agreement	6264
between persons or government entities.	6265

(10) "Volunteer" means an individual who provides any	6266
medical, dental, or other health-care related diagnosis, care, or	6267
treatment without the expectation of receiving and without receipt	6268
of any compensation or other form of remuneration from an indigent	6269
and uninsured person, another person on behalf of an indigent and	6270
uninsured person, any shelter or health care facility, or any	6271
other person or government entity.	6272

(11) "Community control sanction" has the same meaning as in	6273
section 2929.01 of the Revised Code.	6274

(B)(1) Subject to divisions (E) and (F)(3) of this section,	6275
a health care professional who is a volunteer and complies with	6276
division (B)(2) of this section is not liable in damages to any	6277
person or government entity in a tort or other civil action,	6278
including an action on a medical, dental, chiropractic,	6279
optometric, or other health-related claim, for injury, death, or	6280
loss to person or property that allegedly arises from an action or	6281
omission of the volunteer in the provision at a nonprofit shelter	6282
or health care facility to an indigent and uninsured person of	6283
medical, dental, or other health-related diagnosis, care, or	6284
treatment, including the provision of samples of medicine and	6285
other medical products, unless the action or omission constitutes	6286
willful or wanton misconduct.	6287

(2) To qualify for the immunity described in division (B)(1)	6288
of this section, a health care professional shall do all of the	6289
following prior to providing diagnosis, care, or treatment:	6290

(a) Determine, in good faith, that the indigent and	6291
uninsured person is mentally capable of giving informed consent to	6292
the provision of the diagnosis, care, or treatment and is not	6293
subject to duress or under undue influence;	6294

(b) Inform the person of the provisions of this section;

6295

(c) Obtain the informed consent of the person and a written	6296
waiver, signed by the person or by another individual on behalf of	6297
and in the presence of the person, that states that the person is	6298
mentally competent to give informed consent and, without being	6299
subject to duress or under undue influence, gives informed consent	6300
to the provision of the diagnosis, care, or treatment subject to	6301
the provisions of this section.	6302

(3) A physician or podiatrist who is not covered by medical	6303
malpractice insurance, but complies with division (B)(2) of this	6304
section, is not required to comply with division (A) of section	6305
4731.143 of the Revised Code.	6306

(C) Subject to divisions (E) and (F)(3) of this section,	6307
health care workers who are volunteers are not liable in damages	6308
to any person or government entity in a tort or other civil	6309
action, including an action upon a medical, dental, chiropractic,	6310
optometric, or other health-related claim, for injury, death, or	6311
loss to person or property that allegedly arises from an action or	6312
omission of the health care worker in the provision at a nonprofit	6313
shelter or health care facility to an indigent and uninsured	6314
person of medical, dental, or other health-related diagnosis,	6315
care, or treatment, unless the action or omission constitutes	6316
willful or wanton misconduct.	6317

(D) Subject to divisions (E) and (F)(3) of this section and	6318
section 3701.071 of the Revised Code, a nonprofit shelter or	6319
health care facility associated with a health care professional	6320
described in division (B)(1) of this section or a health care	6321
worker described in division (C) of this section is not liable in	6322
damages to any person or government entity in a tort or other	6323
civil action, including an action on a medical, dental,	6324
chiropractic, optometric, or other health-related claim, for	6325
injury, death, or loss to person or property that allegedly arises	6326
from an action or omission of the health care professional or	6327
worker in providing for the shelter or facility medical, dental,	6328
or other health-related diagnosis, care, or treatment to an	6329
indigent and uninsured person, unless the action or omission	6330
constitutes willful or wanton misconduct.	6331

(E)(1) Except as provided in division (E)(2) of this	6332
section, the immunities provided by divisions (B), (C), and (D) of	6333
this section are not available to an individual or to a nonprofit	6334
shelter or health care facility if, at the time of an alleged	6335
injury, death, or loss to person or property, the individuals	6336
involved are providing one of the following:	6337

(a) Any medical, dental, or other health-related diagnosis,	6338
care, or treatment pursuant to a community service work order	6339
entered by a court under division (F)(B) of section 2951.02 of the	6340
Revised Code as a condition of probation or other suspension of a	6341
term of imprisonment or imposed by a court as a community control	6342
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	6343
Code.;	6344

(b) Performance of an operation.;

6345

(c) Delivery of a baby.

6346

(2) Division (E)(1) of this section does not apply to an	6347
individual who provides, or a nonprofit shelter or health care	6348
facility at which the individual provides, diagnosis, care, or	6349
treatment that is necessary to preserve the life of a person in a	6350
medical emergency.	6351

(F)(1) This section does not create a new cause of action or	6352
substantive legal right against a health care professional, health	6353
care worker, or nonprofit shelter or health care facility.	6354

(2) This section does not affect any immunities from civil	6355
liability or defenses established by another section of the	6356
Revised Code or available at common law to which an individual or	6357
a nonprofit shelter or health care facility may be entitled in	6358
connection with the provision of emergency or other diagnosis,	6359
care, or treatment.	6360

(3) This section does not grant an immunity from tort or	6361
other civil liability to an individual or a nonprofit shelter or	6362
health care facility for actions that are outside the scope of	6363
authority of health care professionals or health care workers.	6364

(4) This section does not affect any legal responsibility of	6365
a health care professional or health care worker to comply with	6366
any applicable law of this state or rule of an agency of this	6367
state.	6368

(5) This section does not affect any legal responsibility of	6369
a nonprofit shelter or health care facility to comply with any	6370
applicable law of this state, rule of an agency of this state, or	6371
local code, ordinance, or regulation that pertains to or regulates	6372
building, housing, air pollution, water pollution, sanitation,	6373
health, fire, zoning, or safety.	6374

Sec. 2313.29.  No person whose name is drawn and who is	6375
notified to attend a term or part of a term of a court of record	6376
as a juror shall fail to attend at the time specified in the	6377
notice, or from day to day.	6378

A fine imposed for the violation of this section under	6379
division (A) of section 2313.992929.18 of the Revised Code may be	6380
wholly or partly remitted by direction of the judge in open court,	6381
before the end of the same term, and upon good cause shown;	6382
otherwise it shall not be remitted. Each remission so made by the	6383
judge, with the reason for the remission, shall be entered on the	6384
journal of the court. This section applies to an additional grand	6385
juror or a special juror, as well as to the regular petit juror.	6386

Sec. 2903.13.  (A) No person shall knowingly cause or	6387
attempt to cause physical harm to another or to another's unborn.	6388

(B) No person shall recklessly cause serious physical harm	6389
to another or to another's unborn.	6390

(C) Whoever violates this section is guilty of assault.	6391
Except as otherwise provided in division (C)(1), (2), (3), (4),	6392
or (5) of this section, assault is a misdemeanor of the first	6393
degree.	6394

(1) Except as otherwise provided in this division, if the	6395
offense is committed by a caretaker against a functionally	6396
impaired person under the caretaker's care, assault is a felony of	6397
the fourth degree. If the offense is committed by a caretaker	6398
against a functionally impaired person under the caretaker's care,	6399
if the offender previously has been convicted of or pleaded guilty	6400
to a violation of this section or section 2903.11 or 2903.16 of	6401
the Revised Code, and if in relation to the previous conviction	6402
the offender was a caretaker and the victim was a functionally	6403
impaired person under the offender's care, assault is a felony of	6404
the third degree.	6405

(2) If the offense is committed in any of the following	6406
circumstances, assault is a felony of the fifth degree:	6407

(a) The offense occurs in or on the grounds of a state	6408
correctional institution or an institution of the department of	6409
youth services, the victim of the offense is an employee of the	6410
department of rehabilitation and correction, the department of	6411
youth services, or a probation department or is on the premises of	6412
the particular institution for business purposes or as a visitor,	6413
and the offense is committed by a person incarcerated in the state	6414
correctional institution, by a person institutionalized in the	6415
department of youth services institution pursuant to a commitment	6416
to the department of youth services, by a probationer or parolee,	6417
by an offender under transitional control, under a community	6418
control sanction, or on an escorted visit, by a person under	6419
post-release control, or by an offender under any other type of	6420
supervision by a government agency.	6421

(b) The offense occurs in or on the grounds of a local	6422
correctional facility, the victim of the offense is an employee of	6423
the local correctional facility or a probation department or is on	6424
the premises of the facility for business purposes or as a	6425
visitor, and the offense is committed by a person who is under	6426
custody in the facility subsequent to the person's arrest for any	6427
crime or delinquent act, subsequent to the person's being charged	6428
with or convicted of any crime, or subsequent to the person's	6429
being alleged to be or adjudicated a delinquent child.	6430

(c) The offense occurs off the grounds of a state	6431
correctional institution and off the grounds of an institution of	6432
the department of youth services, the victim of the offense is an	6433
employee of the department of rehabilitation and correction, the	6434
department of youth services, or a probation department, the	6435
offense occurs during the employee's official work hours and while	6436
the employee is engaged in official work responsibilities, and the	6437
offense is committed by a person incarcerated in a state	6438
correctional institution or institutionalized in the department of	6439
youth services who temporarily is outside of the institution for	6440
any purpose, by a probationer or parolee, by an offender under	6441
transitional control, under a community control sanction, or on an	6442
escorted visit, by a person under post-release control, or by an	6443
offender under any other type of supervision by a government	6444
agency.	6445

(d) The offense occurs off the grounds of a local	6446
correctional facility, the victim of the offense is an employee of	6447
the local correctional facility or a probation department, the	6448
offense occurs during the employee's official work hours and while	6449
the employee is engaged in official work responsibilities, and the	6450
offense is committed by a person who is under custody in the	6451
facility subsequent to the person's arrest for any crime or	6452
delinquent act, subsequent to the person being charged with or	6453
convicted of any crime, or subsequent to the person being alleged	6454
to be or adjudicated a delinquent child and who temporarily is	6455
outside of the facility for any purpose or by a probationer or	6456
parolee, by an offender under transitional control, under a	6457
community control sanction, or on an escorted visit, by a person	6458
under post-release control, or by an offender under any other type	6459
of supervision by a government agency.	6460

(e) The victim of the offense is a school teacher or	6461
administrator or a school bus operator, and the offense occurs in	6462
a school, on school premises, in a school building, on a school	6463
bus, or while the victim is outside of school premises or a school	6464
bus and is engaged in duties or official responsibilities	6465
associated with the victim's employment or position as a school	6466
teacher or administrator or a school bus operator, including, but	6467
not limited to, driving, accompanying, or chaperoning students at	6468
or on class or field trips, athletic events, or other school	6469
extracurricular activities or functions outside of school	6470
premises.	6471

(3) If the victim of the offense is a peace officer, a	6472
firefighter, or a person performing emergency medical service,	6473
while in the performance of their official duties, assault is a	6474
felony of the fourth degree.	6475

(4) If the victim of the offense is a peace officer and if	6476
the victim suffered serious physical harm as a result of the	6477
commission of the offense, assault is a felony of the fourth	6478
degree, and the court, pursuant to division (F) of section 2929.13	6479
of the Revised Code, shall impose as a mandatory prison term one	6480
of the prison terms prescribed for a felony of the fourth degree	6481
that is at least twelve months in duration.	6482

(5) If the victim of the offense is an officer or employee	6483
of a public children services agency or a private child placing	6484
agency and the offense relates to the officer's or employee's	6485
performance or anticipated performance of official	6486
responsibilities or duties, assault is either a felony of the	6487
fifth degree or, if the offender previously has been convicted of	6488
or pleaded guilty to an offense of violence, the victim of that	6489
prior offense was an officer or employee of a public children	6490
services agency or private child placing agency, and that prior	6491
offense related to the officer's or employee's performance or	6492
anticipated performance of official responsibilities or duties, a	6493
felony of the fourth degree.	6494

(D) As used in this section:

6495

(1) "Peace officer" has the same meaning as in section	6496
2935.01 of the Revised Code.	6497

(2) "Firefighter" has the same meaning as in section 3937.41	6498
of the Revised Code.	6499

(3) "Emergency medical service" has the same meaning as in	6500
section 4765.01 of the Revised Code.	6501

(4) "Local correctional facility" means a county,	6502
multicounty, municipal, municipal-county, or multicounty-municipal	6503
jail or workhouse, a minimum security jail established under	6504
section 341.23 or 753.21 of the Revised Code, or another county,	6505
multicounty, municipal, municipal-county, or multicounty-municipal	6506
facility used for the custody of persons arrested for any crime or	6507
delinquent act, persons charged with or convicted of any crime, or	6508
persons alleged to be or adjudicated a delinquent child.	6509

(5) "Employee of a local correctional facility" means a	6510
person who is an employee of the political subdivision or of one	6511
or more of the affiliated political subdivisions that operates the	6512
local correctional facility and who operates or assists in the	6513
operation of the facility.	6514

(6) "School teacher or administrator" means either of the	6515
following:	6516

(a) A person who is employed in the public schools of the	6517
state under a contract described in section 3319.08 of the Revised	6518
Code in a position in which the person is required to have a	6519
certificate issued pursuant to sections 3319.22 to 3319.311 of the	6520
Revised Code.	6521

(b) A person who is employed by a nonpublic school for which	6522
the state board of education prescribes minimum standards under	6523
section 3301.07 of the Revised Code and who is certificated in	6524
accordance with section 3301.071 of the Revised Code.	6525

(7) "Community control sanction" has the same meaning as in	6526
section 2929.01 of the Revised Code.	6527

(8) "Escorted visit" means an escorted visit granted under	6528
section 2967.27 of the Revised Code.	6529

(9) "Post-release control" and "transitional control" have	6530
the same meanings as in section 2967.01 of the Revised Code.	6531

Sec. 2905.12.  (A) No person, with purpose to coerce another	6532
into taking or refraining from action concerning which hethe	6533
other person has a legal freedom of choice, shall do any of the	6534
following:	6535

(1) Threaten to commit any offense;

6536

(2) Utter or threaten any calumny against any person;

6537

(3) Expose or threaten to expose any matter tending to	6538
subject any person to hatred, contempt, or ridicule, or to damage	6539
hisany person's personal or business repute, or to impair hisany	6540
person's credit;	6541

(4) Institute or threaten criminal proceedings against any	6542
person;	6543

(5) Take or, withhold, or threaten to take or withhold	6544
official action, or cause or threaten to cause official action to	6545
be taken or withheld.	6546

(B) Divisions (A)(4) and (5) of this section shall not be	6547
construed to prohibit a prosecutor or court from doing any of the	6548
following in good faith and in the interests of justice:	6549

(1) Offering or agreeing to grant, or granting immunity from	6550
prosecution pursuant to section 2945.44 of the Revised Code;	6551

(2) In return for a plea of guilty to one or more offenses	6552
charged or to one or more other or lesser offenses, or in return	6553
for the testimony of the accused in a case to which hethe accused	6554
is not a party, offering or agreeing to dismiss, or dismissing one	6555
or more charges pending against an accused, or offering or	6556
agreeing to impose, or imposing a certain sentence or modification	6557
of sentence;	6558

(3) Imposing probationa community control sanction on	6559
certain conditions, including without limitation requiring the	6560
offender to make restitution or redress to the victim of histhe	6561
offense.	6562

(C) It is an affirmative defense to a charge under division	6563
(A)(3), (4), or (5) of this section that the actor's conduct was a	6564
reasonable response to the circumstances whichthat occasioned it,	6565
and that histhe actor's purpose was limited to any of the	6566
following:	6567

(1) Compelling another to refrain from misconduct or to	6568
desist from further misconduct;	6569

(2) Preventing or redressing a wrong or injustice;

6570

(3) Preventing another from taking action for which the	6571
actor reasonably believed suchthe other person to be	6572
disqualified;	6573

(4) Compelling another to take action whichthat the actor	6574
reasonably believed suchthe other person to be under a duty to	6575
take.	6576

(D) Whoever violates this section is guilty of coercion, a	6577
misdemeanor of the second degree.	6578

(E) As used in this section, "threat:

6579

(1) "Threat" includes a direct threat and a threat by	6580
innuendo.	6581

(2)"Community control sanction" has the same meaning as in	6582
section 2929.01 of the Revised Code.	6583

Sec. 2907.15.  (A) As used in this section:

6584

(1) "Public retirement system" means the public employees	6585
retirement system, state teachers retirement system, school	6586
employees retirement system, Ohio police and fire pension fund,	6587
state highway patrol retirement system, or a municipal retirement	6588
system of a municipal corporation of this state.	6589

(2) "Government deferred compensation program" means such a	6590
program offered by the Ohio public employees deferred compensation	6591
board; a municipal corporation; or a governmental unit, as defined	6592
in section 148.06 of the Revised Code.	6593

(3) "Deferred compensation program participant" means a	6594
"participating employee" or "continuing member," as defined in	6595
section 148.01 of the Revised Code, or any other public employee	6596
who has funds in a government deferred compensation program.	6597

(4) "Alternative retirement plan" means an aternative	6598
alternative retirement plan provided pursuant to Chapter 3305. of	6599
the Revised Code.	6600

(5) "Prosecutor" has the same meaning as in section 2935.01	6601
of the Revised Code.	6602

In any case in which a sentencing court orders restitution to	6603
the victim under section 2929.18 or 2929.28 of the Revised Code	6604
for a violation of section 2907.02, 2907.03, 2907.04, or 2907.05	6605
of the Revised Code and in which the offender is a government	6606
deferred compensation program participant, is an electing	6607
employee, as defined in section 3305.01 of the Revised Code, or is	6608
a member of, or receiving a pension, benefit, or allowance, other	6609
than a survivorship benefit, from, a public retirement system and	6610
committed the offense against a child, student, patient, or other	6611
person with whom the offender had contact in the context of the	6612
offender's public employment, at the request of the victim the	6613
prosecutor shall file a motion with the sentencing court	6614
specifying the government deferred compensation program,	6615
alternative retirement plan, or public retirement system and	6616
requesting that the court issue an order requiring the government	6617
deferred compensation program, alternative retirement plan, or	6618
public retirement system to withhold the amount required as	6619
restitution from one or more of the following: any payment to be	6620
made from a government deferred compensation program, any payment	6621
or benefit under an alternative retirement plan, or under a	6622
pension, annuity, allowance, or any other benefit, other than a	6623
survivorship benefit, that has been or is in the future granted to	6624
the offender; from any payment of accumulated employee	6625
contributions standing to the offender's credit with the	6626
government deferred compensation program, alternative retirement	6627
plan, or public retirement system; or from any payment of any	6628
other amounts to be paid to the offender pursuant to Chapter 145.,	6629
148., 742., 3307., 3309., or 5505. of the Revised Code on	6630
withdrawal of contributions. The motion may be filed at any time	6631
subsequent to the conviction of the offender or entry of a guilty	6632
plea. On the filing of the motion, the clerk of the court in	6633
which the motion is filed shall notify the offender and the	6634
government deferred compensation program, alternative retirement	6635
plan, or public retirement system, in writing, of all of the	6636
following: that the motion was filed; that the offender will be	6637
granted a hearing on the issuance of the requested order if the	6638
offender files a written request for a hearing with the clerk	6639
prior to the expiration of thirty days after the offender receives	6640
the notice; that, if a hearing is requested, the court will	6641
schedule a hearing as soon as possible and notify the offender and	6642
the government deferred compensation program, alternative	6643
retirement plan, or public retirement system of the date, time,	6644
and place of the hearing; that, if a hearing is conducted, it will	6645
be limited to a consideration of whether the offender can show	6646
good cause why the order should not be issued; that, if a hearing	6647
is conducted, the court will not issue the order if the court	6648
determines, based on evidence presented at the hearing by the	6649
offender, that there is good cause for the order not to be issued;	6650
that the court will issue the order if a hearing is not requested	6651
or if a hearing is conducted but the court does not determine,	6652
based on evidence presented at the hearing by the offender, that	6653
there is good cause for the order not to be issued; and that, if	6654
the order is issued, the government deferred compensation program,	6655
alternative retirement plan, or public retirement system specified	6656
in the motion will be required to withhold the amount required as	6657
restitution from payments to the offender.	6658

(B) In any case in which a motion requesting the issuance of	6659
a withholding order as described in division (A) of this section	6660
is filed, the offender may receive a hearing on the motion by	6661
delivering a written request for a hearing to the court prior to	6662
the expiration of thirty days after the offender's receipt of the	6663
notice provided pursuant to division (A) of this section. If the	6664
offender requests a hearing within the prescribed time, the court	6665
shall schedule a hearing as soon as possible after the request is	6666
made and notify the offender and the government deferred	6667
compensation program, alternative retirement plan, or public	6668
retirement system of the date, time, and place of the hearing. A	6669
hearing scheduled under this division shall be limited to a	6670
consideration of whether there is good cause, based on evidence	6671
presented by the offender, for the requested order not to be	6672
issued. If the court determines, based on evidence presented by	6673
the offender, that there is good cause for the order not to be	6674
issued, the court shall deny the motion and shall not issue the	6675
order. Good cause for not issuing the order includes a	6676
determination by the court that the order would severely impact	6677
the offender's ability to support the offender's dependents.	6678

If the offender does not request a hearing within the	6679
prescribed time or the court conducts a hearing but does not	6680
determine, based on evidence presented by the offender, that there	6681
is good cause for the order not to be issued, the court shall	6682
order the government deferred compensation program, alternative	6683
retirement plan, or public retirement system to withhold the	6684
amount required as restitution from one or more of the following:	6685
any payments to be made from a government deferred compensation	6686
program, any payment or benefit under an alternative retirement	6687
plan, or under a pension, annuity, allowance, or under any other	6688
benefit, other than a survivorship benefit, that has been or is in	6689
the future granted to the offender; from any payment of	6690
accumulated employee contributions standing to the offender's	6691
credit with the government deferred compensation program,	6692
alternative retirement plan, or public retirement system; or from	6693
any payment of any other amounts to be paid to the offender upon	6694
withdrawal of contributions pursuant to Chapter 145., 148., 742.,	6695
3307., 3309., or 5505. of the Revised Code and to continue the	6696
withholding for that purpose, in accordance with the order, out of	6697
each payment to be made on or after the date of issuance of the	6698
order, until further order of the court. On receipt of an order	6699
issued under this division, the government deferred compensation	6700
program, alternative retirement plan, or public retirement system	6701
shall withhold the amount required as restitution, in accordance	6702
with the order, from any such payments and immediately forward the	6703
amount withheld to the clerk of the court in which the order was	6704
issued for payment to the person to whom restitution is to be	6705
made. The order shall not apply to any portion of payments made	6706
from a government deferred compensation program, alternative	6707
retirement plan, or public retirement system to a person other	6708
than the offender pursuant to a previously issued domestic court	6709
order.	6710

(C) Service of a notice required by division (A) or (B) of	6711
this section shall be effected in the same manner as provided in	6712
the Rules of Civil Procedure for the service of process.	6713

(D) Upon the filing of charges under section 2907.02,	6714
2907.03, 2907.04, or 2907.05 of the Revised Code against a person	6715
who is a deferred compensation program participant, an electing	6716
employee participating in an alternative retirement plan, or a	6717
member of, or receiving a pension benefit, or allowance, other	6718
than a survivorship benefit, from a public retirement system for	6719
an offense against a child, student, patient, or other person with	6720
whom the offender had contact in the context of the offender's	6721
public employment, the prosecutor shall send written notice that	6722
charges have been filed against that person to the appropriate	6723
government deferred compensation program, alternative retirement	6724
plan, or public retirement system. The notice shall specifically	6725
identify the person charged.	6726

Sec. 2907.27.  (A)(1) If a person is charged with a	6727
violation of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241,	6728
or 2907.25 of the Revised Code or with a violation of a municipal	6729
ordinance that is substantially equivalent to any of those	6730
sections, the arresting authorities or a court, upon the request	6731
of the prosecutor in the case or upon the request of the victim,	6732
shall cause the accused to submit to one or more appropriate tests	6733
to determine if the accused is suffering from a venereal disease.	6734

(2) If the accused is found to be suffering from a venereal	6735
disease in an infectious stage, the accused shall be required to	6736
submit to medical treatment for that disease. The cost of the	6737
medical treatment shall be charged to and paid by the accused who	6738
undergoes the treatment. If the accused is indigent, the court	6739
shall order the accused to report to a facility operated by a city	6740
health district or a general health district for treatment. If	6741
the accused is convicted of or pleads guilty to the offense with	6742
which the accused is charged and is placed on probationunder a	6743
community control sanction, a condition of probationcommunity	6744
control shall be that the offender submit to and faithfully follow	6745
a course of medical treatment for the venereal disease. If the	6746
offender does not seek the required medical treatment, the court	6747
may revoke the offender's probationcommunity control and order	6748
the offender to undergo medical treatment during the period of the	6749
offender's incarceration and to pay the cost of that treatment.	6750

(B)(1)(a) Notwithstanding the requirements for informed	6751
consent in section 3701.242 of the Revised Code, if a person is	6752
charged with a violation of division (B) of section 2903.11 or of	6753
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24,	6754
2907.241, or 2907.25 of the Revised Code or with a violation of a	6755
municipal ordinance that is substantially equivalent to that	6756
division or any of those sections, the court, upon the request of	6757
the prosecutor in the case, upon the request of the victim, or	6758
upon the request of any other person whom the court reasonably	6759
believes had contact with the accused in circumstances related to	6760
the violation that could have resulted in the transmission to that	6761
person of a virus that causes acquired immunodeficiency syndrome,	6762
shall cause the accused to submit to one or more tests designated	6763
by the director of health under section 3701.241 of the Revised	6764
Code to determine if the accused is a carrier of a virus that	6765
causes acquired immunodeficiency syndrome. The court, upon the	6766
request of the prosecutor in the case, upon the request of the	6767
victim with the agreement of the prosecutor, or upon the request	6768
of any other person with the agreement of the prosecutor, may	6769
cause an accused who is charged with a violation of any other	6770
section of the Revised Code or with a violation of any other	6771
municipal ordinance to submit to one or more tests so designated	6772
by the director of health if the circumstances of the violation	6773
indicate probable cause to believe that the accused, if the	6774
accused is infected with the virus that causes acquired	6775
immunodeficiency syndrome, might have transmitted the virus to any	6776
of the following persons in committing the violation:	6777

(i) In relation to a request made by the prosecuting	6778
attorney, to the victim or to any other person;	6779

(ii) In relation to a request made by the victim, to the	6780
victim making the request;	6781

(iii) In relation to a request made by any other person, to	6782
the person making the request.	6783

(b) The results of a test performed under division (B)(1)(a)	6784
of this section shall be communicated in confidence to the court,	6785
and the court shall inform the accused of the result. The court	6786
shall inform the victim that the test was performed and that the	6787
victim has a right to receive the results on request. If the test	6788
was performed upon the request of a person other than the	6789
prosecutor in the case and other than the victim, the court shall	6790
inform the person who made the request that the test was performed	6791
and that the person has a right to receive the results upon	6792
request. Additionally, regardless of who made the request that	6793
was the basis of the test being performed, if the court reasonably	6794
believes that, in circumstances related to the violation, a person	6795
other than the victim had contact with the accused that could have	6796
resulted in the transmission of the virus to that person, the	6797
court may inform that person that the test was performed and that	6798
the person has a right to receive the results of the test on	6799
request. If the accused tests positive for a virus that causes	6800
acquired immunodeficiency syndrome, the test results shall be	6801
reported to the department of health in accordance with section	6802
3701.24 of the Revised Code and to the sheriff, head of the state	6803
correctional institution, or other person in charge of any jail or	6804
prison in which the accused is incarcerated. If the accused tests	6805
positive for a virus that causes acquired immunodeficiency	6806
syndrome and the accused was charged with, and was convicted of or	6807
pleaded guilty to, a violation of section 2907.24, 2907.241, or	6808
2907.25 of the Revised Code or a violation of a municipal	6809
ordinance that is substantially equivalent to any of those	6810
sections, the test results also shall be reported to the law	6811
enforcement agency that arrested the accused, and the law	6812
enforcement agency may use the test results as the basis for any	6813
future charge of a violation of division (B) of any of those	6814
sections or a violation of a municipal ordinance that is	6815
substantially equivalent to division (B) of any of those sections.	6816
No other disclosure of the test results or the fact that a test	6817
was performed shall be made, other than as evidence in a grand	6818
jury proceeding or as evidence in a judicial proceeding in	6819
accordance with the Rules of Evidence. If the test result is	6820
negative, and the charge has not been dismissed or if the accused	6821
has been convicted of the charge or a different offense arising	6822
out of the same circumstances as the offense charged, the court	6823
shall order that the test be repeated not earlier than three	6824
months nor later than six months after the original test.	6825

(2) If an accused who is free on bond refuses to submit to a	6826
test ordered by the court pursuant to division (B)(1) of this	6827
section, the court may order that the accused's bond be revoked	6828
and that the accused be incarcerated until the test is performed.	6829
If an accused who is incarcerated refuses to submit to a test	6830
ordered by the court pursuant to division (B)(1) of this section,	6831
the court shall order the person in charge of the jail or prison	6832
in which the accused is incarcerated to take any action necessary	6833
to facilitate the performance of the test, including the forcible	6834
restraint of the accused for the purpose of drawing blood to be	6835
used in the test.	6836

(3) A state agency, a political subdivision of the state, or	6837
an employee of a state agency or of a political subdivision of the	6838
state is immune from liability in a civil action to recover	6839
damages for injury, death, or loss to person or property allegedly	6840
caused by any act or omission in connection with the performance	6841
of the duties required under division (B)(2) of this section	6842
unless the acts or omissions are with malicious purpose, in bad	6843
faith, or in a wanton or reckless manner.	6844

(C) As used in this section, "community control sanction"	6845
has the same meaning as in section 2929.01 of the Revised Code.	6846

Sec. 2919.22.  (A) No person, who is the parent, guardian,	6847
custodian, person having custody or control, or person in loco	6848
parentis of a child under eighteen years of age or a mentally or	6849
physically handicapped child under twenty-one years of age, shall	6850
create a substantial risk to the health or safety of the child, by	6851
violating a duty of care, protection, or support. It is not a	6852
violation of a duty of care, protection, or support under this	6853
division when the parent, guardian, custodian, or person having	6854
custody or control of a child treats the physical or mental	6855
illness or defect of the child by spiritual means through prayer	6856
alone, in accordance with the tenets of a recognized religious	6857
body.	6858

(B) No person shall do any of the following to a child under	6859
eighteen years of age or a mentally or physically handicapped	6860
child under twenty-one years of age:	6861

(1) Abuse the child;

6862

(2) Torture or cruelly abuse the child;

6863

(3) Administer corporal punishment or other physical	6864
disciplinary measure, or physically restrain the child in a cruel	6865
manner or for a prolonged period, which punishment, discipline, or	6866
restraint is excessive under the circumstances and creates a	6867
substantial risk of serious physical harm to the child;	6868

(4) Repeatedly administer unwarranted disciplinary measures	6869
to the child, when there is a substantial risk that such conduct,	6870
if continued, will seriously impair or retard the child's mental	6871
health or development;	6872

(5) Entice, coerce, permit, encourage, compel, hire, employ,	6873
use, or allow the child to act, model, or in any other way	6874
participate in, or be photographed for, the production,	6875
presentation, dissemination, or advertisement of any material or	6876
performance that the offender knows or reasonably should know is	6877
obscene, is sexually oriented matter, or is nudity-oriented	6878
matter.	6879

(C)(1) No person shall operate a vehicle, streetcar, or	6880
trackless trolley within this state in violation of division (A)	6881
of section 4511.19 of the Revised Code when one or more children	6882
under eighteen years of age are in the vehicle, streetcar, or	6883
trackless trolley. Notwithstanding any other provision of law, a	6884
person may be convicted at the same trial or proceeding of a	6885
violation of this division and a violation of division (A) of	6886
section 4511.19 of the Revised Code that constitutes the basis of	6887
the charge of the violation of this division. For purposes of	6888
section 4511.191 of the Revised Code and all related provisions of	6889
law, a person arrested for a violation of this division shall be	6890
considered to be under arrest for operating a vehicle while under	6891
the influence of alcohol, a drug of abuse, or alcohol and a drug	6892
of abuse or for operating a vehicle with a prohibited	6893
concentration of alcohol in the blood, breath, or urine.	6894

(2) As used in division (C)(1) of this section, "vehicle,"	6895
"streetcar," and "trackless trolley" have the same meanings as in	6896
section 4511.01 of the Revised Code.	6897

(D)(1) Division (B)(5) of this section does not apply to any	6898
material or performance that is produced, presented, or	6899
disseminated for a bona fide medical, scientific, educational,	6900
religious, governmental, judicial, or other proper purpose, by or	6901
to a physician, psychologist, sociologist, scientist, teacher,	6902
person pursuing bona fide studies or research, librarian, member	6903
of the clergy, prosecutor, judge, or other person having a proper	6904
interest in the material or performance.	6905

(2) Mistake of age is not a defense to a charge under	6906
division (B)(5) of this section.	6907

(3) In a prosecution under division (B)(5) of this section,	6908
the trier of fact may infer that an actor, model, or participant	6909
in the material or performance involved is a juvenile if the	6910
material or performance, through its title, text, visual	6911
representation, or otherwise, represents or depicts the actor,	6912
model, or participant as a juvenile.	6913

(4) As used in this division and division (B)(5) of this	6914
section:	6915

(a) "Material," "performance," "obscene," and "sexual	6916
activity" have the same meanings as in section 2907.01 of the	6917
Revised Code.	6918

(b) "Nudity-oriented matter" means any material or	6919
performance that shows a minor in a state of nudity and that,	6920
taken as a whole by the average person applying contemporary	6921
community standards, appeals to prurient interest.	6922

(c) "Sexually oriented matter" means any material or	6923
performance that shows a minor participating or engaging in sexual	6924
activity, masturbation, or bestiality.	6925

(E)(1) Whoever violates this section is guilty of	6926
endangering children.	6927

(2) If the offender violates division (A) or (B)(1) of this	6928
section, endangering children is one of the following:	6929

(a) Except as otherwise provided in division (E)(2)(b), (c),	6930
or (d) of this section, a misdemeanor of the first degree;	6931

(b) If the offender previously has been convicted of an	6932
offense under this section or of any offense involving neglect,	6933
abandonment, contributing to the delinquency of, or physical abuse	6934
of a child, except as otherwise provided in division (E)(2)(c) or	6935
(d) of this section, a felony of the fourth degree;	6936

(c) If the violation is a violation of division (A) of this	6937
section and results in serious physical harm to the child	6938
involved, a felony of the third degree;	6939

(d) If the violation is a violation of division (B)(1) of	6940
this section and results in serious physical harm to the child	6941
involved, a felony of the second degree.	6942

(3) If the offender violates division (B)(2), (3), or (4) of	6943
this section, except as otherwise provided in this division,	6944
endangering children is a felony of the third degree. If the	6945
violation results in serious physical harm to the child involved,	6946
or if the offender previously has been convicted of an offense	6947
under this section or of any offense involving neglect,	6948
abandonment, contributing to the delinquency of, or physical abuse	6949
of a child, endangering children is a felony of the second degree.	6950

(4) If the offender violates division (B)(5) of this	6951
section, endangering children is a felony of the second degree.	6952

(5) If the offender violates division (C) of this section,	6953
the offender shall be punished as follows:	6954

(a) Except as otherwise provided in division (E)(5)(b) or	6955
(c) of this section, endangering children in violation of division	6956
(C) of this section is a misdemeanor of the first degree.	6957

(b) If the violation results in serious physical harm to the	6958
child involved or the offender previously has been convicted of an	6959
offense under this section or any offense involving neglect,	6960
abandonment, contributing to the delinquency of, or physical abuse	6961
of a child, except as otherwise provided in division (E)(5)(c) of	6962
this section, endangering children in violation of division (C) of	6963
this section is a felony of the fifth degree.	6964

(c) If the violation results in serious physical harm to the	6965
child involved and if the offender previously has been convicted	6966
of a violation of division (C) of this section, section 2903.06 or	6967
2903.08 of the Revised Code, section 2903.07 of the Revised Code	6968
as it existed prior to March 23, 2000, or section 2903.04 of the	6969
Revised Code in a case in which the offender was subject to the	6970
sanctions described in division (D) of that section, endangering	6971
children in violation of division (C) of this section is a felony	6972
of the fourth degree.	6973

(d) In addition to any term of imprisonment, fine, or other	6974
sentence, penalty, or sanction it imposes upon the offender	6975
pursuant to division (E)(5)(a), (b), or (c) of this section or	6976
pursuant to any other provision of law, the court also may impose	6977
upon the offender one or both of the following sanctions:	6978

(i) It may require the offender, as part of the offender's	6979
sentence and in the manner described in division (F) of this	6980
section, to perform not more than two hundred hours of supervised	6981
community service work under the authority of any agency,	6982
political subdivision, or charitable organization of the type	6983
described in division (F)(1)(B) of section 2951.02 of the Revised	6984
Code, provided that the court shall not require the offender to	6985
perform supervised community service work under this division	6986
unless the offender agrees to perform the supervised community	6987
service work.	6988

(ii) It may suspend the driver's or commercial driver's	6989
license or permit or nonresident operating privilege of the	6990
offender for up to ninety days, in addition to any suspension or	6991
revocation of the offender's driver's or commercial driver's	6992
license or permit or nonresident operating privilege under Chapter	6993
4506., 4507., 4509., or 4511. of the Revised Code or under any	6994
other provision of law.	6995

(e) In addition to any term of imprisonment, fine, or other	6996
sentence, penalty, or sanction imposed upon the offender pursuant	6997
to division (E)(5)(a), (b), (c), or (d) of this section or	6998
pursuant to any other provision of law for the violation of	6999
division (C) of this section, if as part of the same trial or	7000
proceeding the offender also is convicted of or pleads guilty to a	7001
separate charge charging the violation of division (A) of section	7002
4511.19 of the Revised Code that was the basis of the charge of	7003
the violation of division (C) of this section, the offender also	7004
shall be sentenced, in accordance with section 4511.99 of the	7005
Revised Code, for that violation of division (A) of section	7006
4511.19 of the Revised Code and also shall be subject to all other	7007
sanctions that are required or authorized by any provision of law	7008
for that violation of division (A) of section 4511.19 of the	7009
Revised Code.	7010

(F)(1)(a) If a court, pursuant to division (E)(5)(d)(i) of	7011
this section, requires an offender to perform supervised community	7012
service work under the authority of an agency, subdivision, or	7013
charitable organization, the requirement shall be part of the	7014
community control sanction or sentence of the offender, and the	7015
court shall impose the community service in accordance with and	7016
subject to divisions (F)(1)(a) and (b) of this section. The court	7017
may require an offender whom it requires to perform supervised	7018
community service work as part of the offender's community control	7019
sanction or sentence to pay the court a reasonable fee to cover	7020
the costs of the offender's participation in the work, including,	7021
but not limited to, the costs of procuring a policy or policies of	7022
liability insurance to cover the period during which the offender	7023
will perform the work. If the court requires the offender to	7024
perform supervised community service work as part of the	7025
offender's community control sanction or sentence, the court shall	7026
do so in accordance with the following limitations and criteria:	7027

(i) The court shall require that the community service work	7028
be performed after completion of the term of imprisonment imposed	7029
upon the offender for the violation of division (C) of this	7030
section, if applicable.	7031

(ii) TheSubject to division (E)(5)(d)(i) of this section,	7032
the supervised community service work shall be subject to the	7033
limitations set forth in divisions (F)(1)(a) to (c)(B)(1), (2),	7034
and (3) of section 2951.02 of the Revised Code.	7035

(iii) The community service work shall be supervised in the	7036
manner described in division (F)(1)(d)(B)(4) of section 2951.02 of	7037
the Revised Code by an official or person with the qualifications	7038
described in that division. The official or person periodically	7039
shall report in writing to the court concerning the conduct of the	7040
offender in performing the work.	7041

(iv) The court shall inform the offender in writing that if	7042
the offender does not adequately perform, as determined by the	7043
court, all of the required community service work, the court may	7044
order that the offender be committed to a jail or workhouse for a	7045
period of time that does not exceed the term of imprisonment that	7046
the court could have imposed upon the offender for the violation	7047
of division (C) of this section, reduced by the total amount of	7048
time that the offender actually was imprisoned under the sentence	7049
or term that was imposed upon the offender for that violation and	7050
by the total amount of time that the offender was confined for any	7051
reason arising out of the offense for which the offender was	7052
convicted and sentenced as described in sections 2949.08 and	7053
2967.191 of the Revised Code, and that, if the court orders that	7054
the offender be so committed, the court is authorized, but not	7055
required, to grant the offender credit upon the period of the	7056
commitment for the community service work that the offender	7057
adequately performed.	7058

(b) If a court, pursuant to this division and division	7059
(E)(5)(d)(i) of this section, orders an offender to perform	7060
community service work as part of the offender's community control	7061
sanction or sentence and if the offender does not adequately	7062
perform all of the required community service work, as determined	7063
by the court, the court may order that the offender be committed	7064
to a jail or workhouse for a period of time that does not exceed	7065
the term of imprisonment that the court could have imposed upon	7066
the offender for the violation of division (C) of this section,	7067
reduced by the total amount of time that the offender actually was	7068
imprisoned under the sentence or term that was imposed upon the	7069
offender for that violation and by the total amount of time that	7070
the offender was confined for any reason arising out of the	7071
offense for which the offender was convicted and sentenced as	7072
described in sections 2949.08 and 2967.191 of the Revised Code.	7073
The court may order that a person committed pursuant to this	7074
division shall receive hour-for-hour credit upon the period of the	7075
commitment for the community service work that the offender	7076
adequately performed. No commitment pursuant to this division	7077
shall exceed the period of the term of imprisonment that the	7078
sentencing court could have imposed upon the offender for the	7079
violation of division (C) of this section, reduced by the total	7080
amount of time that the offender actually was imprisoned under	7081
that sentence or term and by the total amount of time that the	7082
offender was confined for any reason arising out of the offense	7083
for which the offender was convicted and sentenced as described in	7084
sections 2949.08 and 2967.191 of the Revised Code.	7085

(2) Divisions (E)(5)(d)(i) and (F)(1) of this section do not	7086
limit or affect the authority of the court to suspend the sentence	7087
imposed upon a misdemeanor offender and place the offender on	7088
probation or otherwise suspend the sentenceunder a community	7089
control sanction pursuant to sections 2929.51 and 2951.02section	7090
2929.25 of the Revised Code, to require thea misdemeanor or	7091
felony offender, as a condition of the offender's probation or of	7092
otherwise suspending the offender's sentence, to perform	7093
supervised community service work in accordance with division	7094
(F)(B) of section 2951.02 of the Revised Code, or to place a	7095
felony offender under a community control sanction.	7096

(G)(1) If a court suspends an offender's driver's or	7097
commercial driver's license or permit or nonresident operating	7098
privilege under division (E)(5)(d)(ii) of this section, the period	7099
of the suspension shall be consecutive to, and commence after, the	7100
period of suspension or revocation of the offender's driver's or	7101
commercial driver's license or permit or nonresident operating	7102
privilege that is imposed under Chapter 4506., 4507., 4509., or	7103
4511. of the Revised Code or under any other provision of law in	7104
relation to the violation of division (C) of this section that is	7105
the basis of the suspension under division (E)(5)(d)(ii) of this	7106
section or in relation to the violation of division (A) of section	7107
4511.19 of the Revised Code that is the basis for that violation	7108
of division (C) of this section.	7109

(2) An offender is not entitled to request, and the court	7110
shall not grant to the offender, occupational driving privileges	7111
under division (G) of this section if the offender's license,	7112
permit, or privilege has been suspended under division	7113
(E)(5)(d)(ii) of this section and the offender, within the	7114
preceding seven years, has been convicted of or pleaded guilty to	7115
three or more violations of one or more of the following:	7116

(a) Division (C) of this section;

7117

(b) Division (A) or (B) of section 4511.19 of the Revised	7118
Code;	7119

(c) A municipal ordinance relating to operating a vehicle	7120
while under the influence of alcohol, a drug of abuse, or alcohol	7121
and a drug of abuse;	7122

(d) A municipal ordinance relating to operating a vehicle	7123
with a prohibited concentration of alcohol in the blood, breath,	7124
or urine;	7125

(e) Section 2903.04 of the Revised Code in a case in which	7126
the offender was subject to the sanctions described in division	7127
(D) of that section;	7128

(f) Division (A)(1) of section 2903.06 or division (A)(1) of	7129
section 2903.08 of the Revised Code or a municipal ordinance that	7130
is substantially similar to either of those divisions;	7131

(g) Division (A)(2), (3), or (4) of section 2903.06,	7132
division (A)(2) of section 2903.08, or former section 2903.07 of	7133
the Revised Code, or a municipal ordinance that is substantially	7134
similar to any of those divisions or that former section, in a	7135
case in which the jury or judge found that the offender was under	7136
the influence of alcohol, a drug of abuse, or alcohol and a drug	7137
of abuse;	7138

(h) A statute of the United States or of any other state or	7139
a municipal ordinance of a municipal corporation located in any	7140
other state that is substantially similar to division (A) or (B)	7141
of section 4511.19 of the Revised Code.	7142

(3) Any other offender who is not described in division	7143
(G)(2) of this section and whose license, permit, or nonresident	7144
operating privilege has been suspended under division	7145
(E)(5)(d)(ii) of this section may file with the sentencing court a	7146
petition alleging that the suspension would seriously affect the	7147
offender's ability to continue employment. Upon satisfactory	7148
proof that there is reasonable cause to believe that the	7149
suspension would seriously affect the offender's ability to	7150
continue employment, the court may grant the offender occupational	7151
driving privileges during the period during which the suspension	7152
otherwise would be imposed, except that the court shall not grant	7153
occupational driving privileges for employment as a driver of	7154
commercial motor vehicles to any person who is disqualified from	7155
operating a commercial motor vehicle under section 3123.611 or	7156
4506.16 of the Revised Code or whose commercial driver's license	7157
or commercial driver's temporary instruction permit has been	7158
suspended under section 3123.58 of the Revised Code.	7159

(H)(1) If a person violates division (C) of this section and	7160
if, at the time of the violation, there were two or more children	7161
under eighteen years of age in the motor vehicle involved in the	7162
violation, the offender may be convicted of a violation of	7163
division (C) of this section for each of the children, but the	7164
court may sentence the offender for only one of the violations.	7165

(2)(a) If a person is convicted of or pleads guilty to a	7166
violation of division (C) of this section but the person is not	7167
also convicted of and does not also plead guilty to a separate	7168
charge charging the violation of division (A) of section 4511.19	7169
of the Revised Code that was the basis of the charge of the	7170
violation of division (C) of this section, both of the following	7171
apply:	7172

(i) For purposes of the provisions of section 4511.99 of the	7173
Revised Code that set forth the penalties and sanctions for a	7174
violation of division (A) of section 4511.19 of the Revised Code,	7175
the conviction of or plea of guilty to the violation of division	7176
(C) of this section shall not constitute a violation of division	7177
(A) of section 4511.19 of the Revised Code;	7178

(ii) For purposes of any provision of law that refers to a	7179
conviction of or plea of guilty to a violation of division (A) of	7180
section 4511.19 of the Revised Code and that is not described in	7181
division (H)(2)(a)(i) of this section, the conviction of or plea	7182
of guilty to the violation of division (C) of this section shall	7183
constitute a conviction of or plea of guilty to a violation of	7184
division (A) of section 4511.19 of the Revised Code.	7185

(b) If a person is convicted of or pleads guilty to a	7186
violation of division (C) of this section and the person also is	7187
convicted of or pleads guilty to a separate charge charging the	7188
violation of division (A) of section 4511.19 of the Revised Code	7189
that was the basis of the charge of the violation of division (C)	7190
of this section, the conviction of or plea of guilty to the	7191
violation of division (C) of this section shall not constitute,	7192
for purposes of any provision of law that refers to a conviction	7193
of or plea of guilty to a violation of division (A) of section	7194
4511.19 of the Revised Code, a conviction of or plea of guilty to	7195
a violation of division (A) of section 4511.19 of the Revised	7196
Code.	7197

(I) As used in this section, "community control sanction"	7198
has the same meaning as in section 2929.01 of the Revised Code.	7199

Sec. 2919.25.  (A) No person shall knowingly do any of the	7200
following:	7201

(1) Cause serious physical harm to a family or household	7202
member;	7203

(2) Cause or attempt to cause physical harm to a family or	7204
household member by means of a deadly weapon or dangerous	7205
ordnance.	7206

(B) No person shall knowingly cause or attempt to cause	7207
physical harm to a family or household member.	7208

(B)(C) No person shall recklessly cause serious physical	7209
harm to a family or household member.	7210

(C)(D)No person shall knowingly cause a family or household	7211
member to believe that the offender will cause imminent serious	7212
physical harm to the family or household member.	7213

(E) No person, by threat of force, shall knowingly cause a	7214
family or household member to believe that the offender will cause	7215
imminent physical harm to the family or household member.	7216

(D)(F)(1) Whoever violates this section is guilty of	7217
domestic violence. Except	7218

(2)A violation of division (A) of this section is a felony	7219
of the second degree.	7220

(3) Except as otherwise provided in this division (F)(4)of	7221
this section, a violation of division (B)or (C) of this section	7222
is a misdemeanor of the fourthfirst degree, and a violation of	7223
division (A) or (B)(D) of this section is a misdemeanor of the	7224
firstsecond degree. If,and a violation of division (E) of this	7225
section is a misdemeanor of the fourth degree.	7226

(4) If the offender previously has been convicted of	7227
domestic violence, of a violation of a municipal ordinance that is	7228
substantially similar to domestic violence, of a violation of	7229
section 2903.11, 2903.12, 2903.13, 2903.14, 2903.21, 2903.211,	7230
2903.22, 2911.211, or 2919.22 of the Revised Code involving a	7231
person who was a family or household member at the time of the	7232
violation, or of a violation of a municipal ordinance that is	7233
substantially similar to one of those sections involving a person	7234
who was a family or household member at the time of the violation,	7235
a violation of division (A) or (B) or(C) of this section is a	7236
felony of the fifth degree, and a violation of division (C)(D) of	7237
this section is a misdemeanor of the thirdfirst degree,and a	7238
violation of division (E) of this section is a misdemeanor of the	7239
third degree.	7240

(E)(G) No parent, guardian, or custodian of a child shall be	7241
guilty of a violation of this section for using or threatening to	7242
use corporal punishment as a method of disciplining the child,	7243
unless the use of or threat to use corporal punishment violates	7244
division (B) of section 2919.22 of the Revised Code.	7245

(H) As used in this section and sections 2919.251 and	7246
2919.26 of the Revised Code:	7247

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

7248

(a) Any of the following who is residing or has resided with	7249
the offender:	7250

(i) A spouse, a person living as a spouse, or a former	7251
spouse of the offender;	7252

(ii) A parent or a child of the offender, or another person	7253
related by consanguinity or affinity to the offender;	7254

(iii) A parent or a child of a spouse, person living as a	7255
spouse, or former spouse of the offender, or another person	7256
related by consanguinity or affinity to a spouse, person living as	7257
a spouse, or former spouse of the offender.	7258

(b) The natural parent of any child of whom the offender is	7259
the other natural parent or is the putative other natural parent.	7260

(2) "Person living as a spouse" means a person who is living	7261
or has lived with the offender in a common law marital	7262
relationship, who otherwise is cohabiting with the offender, or	7263
who otherwise has cohabited with the offender within five years	7264
prior to the date of the alleged commission of the act in	7265
question.	7266

(3)"Deadly weapon" and "dangerous ordnance" have the same	7267
meanings as in section 2923.11 of the Revised Code.	7268

Sec. 2923.14.  (A) Any person who, solely by reason of his	7269
the person's disability under division (A)(2) or (3) of section	7270
2923.13 of the Revised Code, is prohibited from acquiring, having,	7271
carrying, or using firearms, may apply to the court of common	7272
pleas in the county where hein which the person resides for	7273
relief from such prohibition.	7274

(B) The application shall recite the following:

7275

(1) All indictments, convictions, or adjudications upon	7276
which the applicant's disability is based, the sentence imposed	7277
and served, and probationany release granted under a community	7278
control sanction, post-release control sanction, or parole, orany	7279
partial or conditional pardon granted, or other disposition of	7280
each case;	7281

(2) Facts showing the applicant to be a fit subject for	7282
relief under this section.	7283

(C) A copy of the application shall be served on the county	7284
prosecutor, who.The county prosecutor shall cause the matter to	7285
be investigated, and shall raise before the court suchany	7286
objections to granting relief asthat the investigation reveals.	7287

(D) Upon hearing, the court may grant the applicant relief	7288
pursuant to this section, if all of the following apply:	7289

(1) The applicant has been fully discharged from	7290
imprisonment, probationcommunity control, post-release control,	7291
and parole, or, if hethe applicant is under indictment, has been	7292
released on bail or recognizance;.	7293

(2) The applicant has led a law-abiding life since his	7294
discharge or release, and appears likely to continue to do so;.	7295

(3) The applicant is not otherwise prohibited by law from	7296
acquiring, having, or using firearms.	7297

(E) Costs of the proceeding shall be charged as in other	7298
civil cases, and taxed to the applicant.	7299

(F) Relief from disability granted pursuant to this section:

7300

(1) Applies only with respect to indictments, convictions,	7301
or adjudications recited in the application;	7302

(2) Applies only with respect to firearms lawfully acquired,	7303
possessed, carried, or used by the applicant;	7304

(3) Does not apply with respect to dangerous ordnance;

7305

(4) May be revoked by the court at any time for good cause	7306
shown and upon notice to the applicant;	7307

(5) Is automatically void upon commission by the applicant	7308
of any offense embraced byset forth in division (A)(2) or (3) of	7309
section 2923.13 of the Revised Code, or upon the applicant's	7310
becoming one of the class of persons named in division (A)(1),	7311
(4), or (5) of suchthat section.	7312

(G) As used in this section:

7313

(1) "Community control sanction" has the same meaning as in	7314
section 2929.01 of the Revised Code.	7315

(2) "Post-release control" and "post-release control	7316
sanction" have the same meanings as in section 2967.01 of the	7317
Revised Code.	7318

Sec. 2925.11.  (A) No person shall knowingly obtain,	7319
possess, or use a controlled substance.	7320

(B) This section does not apply to any of the following:

7321

(1) Manufacturers, licensed health professionals authorized	7322
to prescribe drugs, pharmacists, owners of pharmacies, and other	7323
persons whose conduct was in accordance with Chapters 3719.,	7324
4715., 4723., 4729., 4731., and 4741. of the Revised Code;	7325

(2) If the offense involves an anabolic steroid, any person	7326
who is conducting or participating in a research project involving	7327
the use of an anabolic steroid if the project has been approved by	7328
the United States food and drug administration;	7329

(3) Any person who sells, offers for sale, prescribes,	7330
dispenses, or administers for livestock or other nonhuman species	7331
an anabolic steroid that is expressly intended for administration	7332
through implants to livestock or other nonhuman species and	7333
approved for that purpose under the "Federal Food, Drug, and	7334
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	7335
and is sold, offered for sale, prescribed, dispensed, or	7336
administered for that purpose in accordance with that act;	7337

(4) Any person who obtained the controlled substance	7338
pursuant to a prescription issued by a licensed health	7339
professional authorized to prescribe drugs.	7340

(C) Whoever violates division (A) of this section is guilty	7341
of one of the following:	7342

(1) If the drug involved in the violation is a compound,	7343
mixture, preparation, or substance included in schedule I or II,	7344
with the exception of marihuana, cocaine, L.S.D., heroin, and	7345
hashish, whoever violates division (A) of this section is guilty	7346
of aggravated possession of drugs. The penalty for the offense	7347
shall be determined as follows:	7348

(a) Except as otherwise provided in division (C)(1)(b), (c),	7349
(d), or (e) of this section, aggravated possession of drugs is a	7350
felony of the fifth degree, and division (B) of section 2929.13 of	7351
the Revised Code applies in determining whether to impose a prison	7352
term on the offender.	7353

(b) If the amount of the drug involved equals or exceeds the	7354
bulk amount but is less than five times the bulk amount,	7355
aggravated possession of drugs is a felony of the third degree,	7356
and there is a presumption for a prison term for the offense.	7357

(c) If the amount of the drug involved equals or exceeds	7358
five times the bulk amount but is less than fifty times the bulk	7359
amount, aggravated possession of drugs is a felony of the second	7360
degree, and the court shall impose as a mandatory prison term one	7361
of the prison terms prescribed for a felony of the second degree.	7362

(d) If the amount of the drug involved equals or exceeds	7363
fifty times the bulk amount but is less than one hundred times the	7364
bulk amount, aggravated possession of drugs is a felony of the	7365
first degree, and the court shall impose as a mandatory prison	7366
term one of the prison terms prescribed for a felony of the first	7367
degree.	7368

(e) If the amount of the drug involved equals or exceeds one	7369
hundred times the bulk amount, aggravated possession of drugs is a	7370
felony of the first degree, the offender is a major drug offender,	7371
and the court shall impose as a mandatory prison term the maximum	7372
prison term prescribed for a felony of the first degree and may	7373
impose an additional mandatory prison term prescribed for a major	7374
drug offender under division (D)(3)(b) of section 2929.14 of the	7375
Revised Code.	7376

(2) If the drug involved in the violation is a compound,	7377
mixture, preparation, or substance included in schedule III, IV,	7378
or V, whoever violates division (A) of this section is guilty of	7379
possession of drugs. The penalty for the offense shall be	7380
determined as follows:	7381

(a) Except as otherwise provided in division (C)(2)(b), (c),	7382
or (d) of this section, possession of drugs is a misdemeanor of	7383
the third degree or, if the offender previously has been convicted	7384
of a drug abuse offense, a misdemeanor of the second degree. If	7385
the drug involved in the violation is an anabolic steroid included	7386
in schedule III and if the offense is a misdemeanor of the third	7387
degree under this division, in lieu of sentencing the offender to	7388
a term of imprisonment in a detention facility, the court may	7389
place the offender on conditional probationunder a community	7390
control sanction that requires the offender to perform supervised	7391
community service work pursuant to division (F)(B) of section	7392
2951.02 of the Revised Code.	7393

(b) If the amount of the drug involved equals or exceeds the	7394
bulk amount but is less than five times the bulk amount,	7395
possession of drugs is a felony of the fourth degree, and division	7396
(C) of section 2929.13 of the Revised Code applies in determining	7397
whether to impose a prison term on the offender.	7398

(c) If the amount of the drug involved equals or exceeds	7399
five times the bulk amount but is less than fifty times the bulk	7400
amount, possession of drugs is a felony of the third degree, and	7401
there is a presumption for a prison term for the offense.	7402

(d) If the amount of the drug involved equals or exceeds	7403
fifty times the bulk amount, possession of drugs is a felony of	7404
the second degree, and the court shall impose upon the offender as	7405
a mandatory prison term one of the prison terms prescribed for a	7406
felony of the second degree.	7407

(3) If the drug involved in the violation is marihuana or a	7408
compound, mixture, preparation, or substance containing marihuana	7409
other than hashish, whoever violates division (A) of this section	7410
is guilty of possession of marihuana. The penalty for the offense	7411
shall be determined as follows:	7412

(a) Except as otherwise provided in division (C)(3)(b), (c),	7413
(d), (e), or (f) of this section, possession of marihuana is a	7414
minor misdemeanor.	7415

(b) If the amount of the drug involved equals or exceeds one	7416
hundred grams but is less than two hundred grams, possession of	7417
marihuana is a misdemeanor of the fourth degree.	7418

(c) If the amount of the drug involved equals or exceeds two	7419
hundred grams but is less than one thousand grams, possession of	7420
marihuana is a felony of the fifth degree, and division (B) of	7421
section 2929.13 of the Revised Code applies in determining whether	7422
to impose a prison term on the offender.	7423

(d) If the amount of the drug involved equals or exceeds one	7424
thousand grams but is less than five thousand grams, possession of	7425
marihuana is a felony of the third degree, and division (C) of	7426
section 2929.13 of the Revised Code applies in determining whether	7427
to impose a prison term on the offender.	7428

(e) If the amount of the drug involved equals or exceeds	7429
five thousand grams but is less than twenty thousand grams,	7430
possession of marihuana is a felony of the third degree, and there	7431
is a presumption that a prison term shall be imposed for the	7432
offense.	7433

(f) If the amount of the drug involved equals or exceeds	7434
twenty thousand grams, possession of marihuana is a felony of the	7435
second degree, and the court shall impose as a mandatory prison	7436
term the maximum prison term prescribed for a felony of the second	7437
degree.	7438

(4) If the drug involved in the violation is cocaine or a	7439
compound, mixture, preparation, or substance containing cocaine,	7440
whoever violates division (A) of this section is guilty of	7441
possession of cocaine. The penalty for the offense shall be	7442
determined as follows:	7443

(a) Except as otherwise provided in division (C)(4)(b), (c),	7444
(d), (e), or (f) of this section, possession of cocaine is a	7445
felony of the fifth degree, and division (B) of section 2929.13 of	7446
the Revised Code applies in determining whether to impose a prison	7447
term on the offender.	7448

(b) If the amount of the drug involved equals or exceeds	7449
five grams but is less than twenty-five grams of cocaine that is	7450
not crack cocaine or equals or exceeds one gram but is less than	7451
five grams of crack cocaine, possession of cocaine is a felony of	7452
the fourth degree, and there is a presumption for a prison term	7453
for the offense.	7454

(c) If the amount of the drug involved equals or exceeds	7455
twenty-five grams but is less than one hundred grams of cocaine	7456
that is not crack cocaine or equals or exceeds five grams but is	7457
less than ten grams of crack cocaine, possession of cocaine is a	7458
felony of the third degree, and the court shall impose as a	7459
mandatory prison term one of the prison terms prescribed for a	7460
felony of the third degree.	7461

(d) If the amount of the drug involved equals or exceeds one	7462
hundred grams but is less than five hundred grams of cocaine that	7463
is not crack cocaine or equals or exceeds ten grams but is less	7464
than twenty-five grams of crack cocaine, possession of cocaine is	7465
a felony of the second degree, and the court shall impose as a	7466
mandatory prison term one of the prison terms prescribed for a	7467
felony of the second degree.	7468

(e) If the amount of the drug involved equals or exceeds	7469
five hundred grams but is less than one thousand grams of cocaine	7470
that is not crack cocaine or equals or exceeds twenty-five grams	7471
but is less than one hundred grams of crack cocaine, possession of	7472
cocaine is a felony of the first degree, and the court shall	7473
impose as a mandatory prison term one of the prison terms	7474
prescribed for a felony of the first degree.	7475

(f) If the amount of the drug involved equals or exceeds one	7476
thousand grams of cocaine that is not crack cocaine or equals or	7477
exceeds one hundred grams of crack cocaine, possession of cocaine	7478
is a felony of the first degree, the offender is a major drug	7479
offender, and the court shall impose as a mandatory prison term	7480
the maximum prison term prescribed for a felony of the first	7481
degree and may impose an additional mandatory prison term	7482
prescribed for a major drug offender under division (D)(3)(b) of	7483
section 2929.14 of the Revised Code.	7484

(5) If the drug involved in the violation is L.S.D., whoever	7485
violates division (A) of this section is guilty of possession of	7486
L.S.D. The penalty for the offense shall be determined as	7487
follows:	7488

(a) Except as otherwise provided in division (C)(5)(b), (c),	7489
(d), (e), or (f) of this section, possession of L.S.D. is a felony	7490
of the fifth degree, and division (B) of section 2929.13 of the	7491
Revised Code applies in determining whether to impose a prison	7492
term on the offender.	7493

(b) If the amount of L.S.D. involved equals or exceeds ten	7494
unit doses but is less than fifty unit doses of L.S.D. in a solid	7495
form or equals or exceeds one gram but is less than five grams of	7496
L.S.D. in a liquid concentrate, liquid extract, or liquid	7497
distillate form, possession of L.S.D. is a felony of the fourth	7498
degree, and division (C) of section 2929.13 of the Revised Code	7499
applies in determining whether to impose a prison term on the	7500
offender.	7501

(c) If the amount of L.S.D. involved equals or exceeds fifty	7502
unit doses, but is less than two hundred fifty unit doses of	7503
L.S.D. in a solid form or equals or exceeds five grams but is less	7504
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	7505
extract, or liquid distillate form, possession of L.S.D. is a	7506
felony of the third degree, and there is a presumption for a	7507
prison term for the offense.	7508

(d) If the amount of L.S.D. involved equals or exceeds two	7509
hundred fifty unit doses but is less than one thousand unit doses	7510
of L.S.D. in a solid form or equals or exceeds twenty-five grams	7511
but is less than one hundred grams of L.S.D. in a liquid	7512
concentrate, liquid extract, or liquid distillate form, possession	7513
of L.S.D. is a felony of the second degree, and the court shall	7514
impose as a mandatory prison term one of the prison terms	7515
prescribed for a felony of the second degree.	7516

(e) If the amount of L.S.D. involved equals or exceeds one	7517
thousand unit doses but is less than five thousand unit doses of	7518
L.S.D. in a solid form or equals or exceeds one hundred grams but	7519
is less than five hundred grams of L.S.D. in a liquid concentrate,	7520
liquid extract, or liquid distillate form, possession of L.S.D. is	7521
a felony of the first degree, and the court shall impose as a	7522
mandatory prison term one of the prison terms prescribed for a	7523
felony of the first degree.	7524

(f) If the amount of L.S.D. involved equals or exceeds five	7525
thousand unit doses of L.S.D. in a solid form or equals or exceeds	7526
five hundred grams of L.S.D. in a liquid concentrate, liquid	7527
extract, or liquid distillate form, possession of L.S.D. is a	7528
felony of the first degree, the offender is a major drug offender,	7529
and the court shall impose as a mandatory prison term the maximum	7530
prison term prescribed for a felony of the first degree and may	7531
impose an additional mandatory prison term prescribed for a major	7532
drug offender under division (D)(3)(b) of section 2929.14 of the	7533
Revised Code.	7534

(6) If the drug involved in the violation is heroin or a	7535
compound, mixture, preparation, or substance containing heroin,	7536
whoever violates division (A) of this section is guilty of	7537
possession of heroin. The penalty for the offense shall be	7538
determined as follows:	7539

(a) Except as otherwise provided in division (C)(6)(b), (c),	7540
(d), (e), or (f) of this section, possession of heroin is a felony	7541
of the fifth degree, and division (B) of section 2929.13 of the	7542
Revised Code applies in determining whether to impose a prison	7543
term on the offender.	7544

(b) If the amount of the drug involved equals or exceeds ten	7545
unit doses but is less than fifty unit doses or equals or exceeds	7546
one gram but is less than five grams, possession of heroin is a	7547
felony of the fourth degree, and division (C) of section 2929.13	7548
of the Revised Code applies in determining whether to impose a	7549
prison term on the offender.	7550

(c) If the amount of the drug involved equals or exceeds	7551
fifty unit doses but is less than one hundred unit doses or equals	7552
or exceeds five grams but is less than ten grams, possession of	7553
heroin is a felony of the third degree, and there is a presumption	7554
for a prison term for the offense.	7555

(d) If the amount of the drug involved equals or exceeds one	7556
hundred unit doses but is less than five hundred unit doses or	7557
equals or exceeds ten grams but is less than fifty grams,	7558
possession of heroin is a felony of the second degree, and the	7559
court shall impose as a mandatory prison term one of the prison	7560
terms prescribed for a felony of the second degree.	7561

(e) If the amount of the drug involved equals or exceeds	7562
five hundred unit doses but is less than two thousand five hundred	7563
unit doses or equals or exceeds fifty grams but is less than two	7564
hundred fifty grams, possession of heroin is a felony of the first	7565
degree, and the court shall impose as a mandatory prison term one	7566
of the prison terms prescribed for a felony of the first degree.	7567

(f) If the amount of the drug involved equals or exceeds two	7568
thousand five hundred unit doses or equals or exceeds two hundred	7569
fifty grams, possession of heroin is a felony of the first degree,	7570
the offender is a major drug offender, and the court shall impose	7571
as a mandatory prison term the maximum prison term prescribed for	7572
a felony of the first degree and may impose an additional	7573
mandatory prison term prescribed for a major drug offender under	7574
division (D)(3)(b) of section 2929.14 of the Revised Code.	7575

(7) If the drug involved in the violation is hashish or a	7576
compound, mixture, preparation, or substance containing hashish,	7577
whoever violates division (A) of this section is guilty of	7578
possession of hashish. The penalty for the offense shall be	7579
determined as follows:	7580

(a) Except as otherwise provided in division (C)(7)(b), (c),	7581
(d), (e), or (f) of this section, possession of hashish is a minor	7582
misdemeanor.	7583

(b) If the amount of the drug involved equals or exceeds	7584
five grams but is less than ten grams of hashish in a solid form	7585
or equals or exceeds one gram but is less than two grams of	7586
hashish in a liquid concentrate, liquid extract, or liquid	7587
distillate form, possession of hashish is a misdemeanor of the	7588
fourth degree.	7589

(c) If the amount of the drug involved equals or exceeds ten	7590
grams but is less than fifty grams of hashish in a solid form or	7591
equals or exceeds two grams but is less than ten grams of hashish	7592
in a liquid concentrate, liquid extract, or liquid distillate	7593
form, possession of hashish is a felony of the fifth degree, and	7594
division (B) of section 2929.13 of the Revised Code applies in	7595
determining whether to impose a prison term on the offender.	7596

(d) If the amount of the drug involved equals or exceeds	7597
fifty grams but is less than two hundred fifty grams of hashish in	7598
a solid form or equals or exceeds ten grams but is less than fifty	7599
grams of hashish in a liquid concentrate, liquid extract, or	7600
liquid distillate form, possession of hashish is a felony of the	7601
third degree, and division (C) of section 2929.13 of the Revised	7602
Code applies in determining whether to impose a prison term on the	7603
offender.	7604

(e) If the amount of the drug involved equals or exceeds two	7605
hundred fifty grams but is less than one thousand grams of hashish	7606
in a solid form or equals or exceeds fifty grams but is less than	7607
two hundred grams of hashish in a liquid concentrate, liquid	7608
extract, or liquid distillate form, possession of hashish is a	7609
felony of the third degree, and there is a presumption that a	7610
prison term shall be imposed for the offense.	7611

(f) If the amount of the drug involved equals or exceeds one	7612
thousand grams of hashish in a solid form or equals or exceeds two	7613
hundred grams of hashish in a liquid concentrate, liquid extract,	7614
or liquid distillate form, possession of hashish is a felony of	7615
the second degree, and the court shall impose as a mandatory	7616
prison term the maximum prison term prescribed for a felony of the	7617
second degree.	7618

(D) Arrest or conviction for a minor misdemeanor violation	7619
of this section does not constitute a criminal record and need not	7620
be reported by the person so arrested or convicted in response to	7621
any inquiries about the person's criminal record, including any	7622
inquiries contained in any application for employment, license, or	7623
other right or privilege, or made in connection with the person's	7624
appearance as a witness.	7625

(E) In addition to any prison term authorized or required by	7626
division (C) of this section and sections 2929.13 and 2929.14 of	7627
the Revised Code and in addition to any other sanction that is	7628
imposed for the offense under this section or sections 2929.11 to	7629
2929.18 of the Revised Code, the court that sentences an offender	7630
who is convicted of or pleads guilty to a violation of division	7631
(A) of this section shall do all of the following that are	7632
applicable regarding the offender:	7633

(1)(a) If the violation is a felony of the first, second, or	7634
third degree, the court shall impose upon the offender the	7635
mandatory fine specified for the offense under division (B)(1) of	7636
section 2929.18 of the Revised Code unless, as specified in that	7637
division, the court determines that the offender is indigent.	7638

(b) Notwithstanding any contrary provision of section	7639
3719.21 of the Revised Code, the clerk of the court shall pay a	7640
mandatory fine or other fine imposed for a violation of this	7641
section pursuant to division (A) of section 2929.18 of the Revised	7642
Code in accordance with and subject to the requirements of	7643
division (F) of section 2925.03 of the Revised Code. The agency	7644
that receives the fine shall use the fine as specified in division	7645
(F) of section 2925.03 of the Revised Code.	7646

(c) If a person is charged with a violation of this section	7647
that is a felony of the first, second, or third degree, posts	7648
bail, and forfeits the bail, the clerk shall pay the forfeited	7649
bail pursuant to division (E)(1)(b) of this section as if it were	7650
a mandatory fine imposed under division (E)(1)(a) of this section.	7651

(2) The court shall suspend for not less than six months or	7652
more than five years the driver's or commercial driver's license	7653
or permit of any person who is convicted of or has pleaded guilty	7654
to a violation of this section.	7655

(3) If the offender is a professionally licensed person or a	7656
person who has been admitted to the bar by order of the supreme	7657
court in compliance with its prescribed and published rules, in	7658
addition to any other sanction imposed for a violation of this	7659
section, the court forthwith shall comply with section 2925.38 of	7660
the Revised Code.	7661

(F) It is an affirmative defense, as provided in section	7662
2901.05 of the Revised Code, to a charge of a fourth degree felony	7663
violation under this section that the controlled substance that	7664
gave rise to the charge is in an amount, is in a form, is	7665
prepared, compounded, or mixed with substances that are not	7666
controlled substances in a manner, or is possessed under any other	7667
circumstances, that indicate that the substance was possessed	7668
solely for personal use. Notwithstanding any contrary provision	7669
of this section, if, in accordance with section 2901.05 of the	7670
Revised Code, an accused who is charged with a fourth degree	7671
felony violation of division (C)(2), (4), (5), or (6) of this	7672
section sustains the burden of going forward with evidence of and	7673
establishes by a preponderance of the evidence the affirmative	7674
defense described in this division, the accused may be prosecuted	7675
for and may plead guilty to or be convicted of a misdemeanor	7676
violation of division (C)(2) of this section or a fifth degree	7677
felony violation of division (C)(4), (5), or (6) of this section	7678
respectively.	7679

(G) When a person is charged with possessing a bulk amount	7680
or multiple of a bulk amount, division (E) of section 2925.03 of	7681
the Revised Code applies regarding the determination of the amount	7682
of the controlled substance involved at the time of the offense.	7683

Sec. 2929.01.  As used in this chapter:

7684

(A)(1) "Alternative residential facility" means, subject to	7685
division (A)(2) of this section, any facility other than an	7686
offender's home or residence in which an offender is assigned to	7687
live and that satisfies all of the following criteria:	7688

(a) It provides programs through which the offender may seek	7689
or maintain employment or may receive education, training,	7690
treatment, or habilitation.	7691

(b) It has received the appropriate license or certificate	7692
for any specialized education, training, treatment, habilitation,	7693
or other service that it provides from the government agency that	7694
is responsible for licensing or certifying that type of education,	7695
training, treatment, habilitation, or service.	7696

(2) "Alternative residential facility" does not include a	7697
community-based correctional facility, jail, halfway house, or	7698
prison.	7699

(B) "Bad time" means the time by which the parole board	7700
administratively extends an offender's stated prison term or terms	7701
pursuant to section 2967.11 of the Revised Code because the parole	7702
board finds by clear and convincing evidence that the offender,	7703
while serving the prison term or terms, committed an act that is a	7704
criminal offense under the law of this state or the United States,	7705
whether or not the offender is prosecuted for the commission of	7706
that act.	7707

(C) "Basic probation supervision" means a requirement that	7708
the offender maintain contact with a person appointed to supervise	7709
the offender in accordance with sanctions imposed by the court or	7710
imposed by the parole board pursuant to section 2967.28 of the	7711
Revised Code. "Basic probation supervision" includes basic parole	7712
supervision and basic post-release control supervision.	7713

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	7714
"unit dose" have the same meanings as in section 2925.01 of the	7715
Revised Code.	7716

(E) "Community-based correctional facility" means a	7717
community-based correctional facility and program or district	7718
community-based correctional facility and program developed	7719
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	7720

(F) "Community control sanction" means a sanction that is	7721
not a prison term and that is described in section 2929.15,	7722
2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction	7723
that is not a jail term and that is described in section 2929.26,	7724
2929.27, or 2929.28 of the Revised Code. "Community control	7725
sanction" includes probation if the sentence involved was imposed	7726
for a felony that was committed prior to July 1, 1996, or if the	7727
sentence involved was imposed for a misdemeanor that was committed	7728
prior to July 1, 2000.	7729

(G) "Controlled substance," "marihuana," "schedule I," and	7730
"schedule II" have the same meanings as in section 3719.01 of the	7731
Revised Code.	7732

(H) "Curfew" means a requirement that an offender during a	7733
specified period of time be at a designated place.	7734

(I) "Day reporting" means a sanction pursuant to which an	7735
offender is required each day to report to and leave a center or	7736
other approved reporting location at specified times in order to	7737
participate in work, education or training, treatment, and other	7738
approved programs at the center or outside the center.	7739

(J) "Deadly weapon" has the same meaning as in section	7740
2923.11 of the Revised Code.	7741

(K) "Drug and alcohol use monitoring" means a program under	7742
which an offender agrees to submit to random chemical analysis of	7743
the offender's blood, breath, or urine to determine whether the	7744
offender has ingested any alcohol or other drugs.	7745

(L) "Drug treatment program" means any program under which a	7746
person undergoes assessment and treatment designed to reduce or	7747
completely eliminate the person's physical or emotional reliance	7748
upon alcohol, another drug, or alcohol and another drug and under	7749
which the person may be required to receive assessment and	7750
treatment on an outpatient basis or may be required to reside at a	7751
facility other than the person's home or residence while	7752
undergoing assessment and treatment.	7753

(M) "Economic loss" means any economic detriment suffered by	7754
a victim as a result of the commission of a felony and includes	7755
any loss of income due to lost time at work because of any injury	7756
caused to the victim, and any property loss, medical cost, or	7757
funeral expense incurred as a result of the commission of the	7758
felony.	7759

(N) "Education or training" includes study at, or in	7760
conjunction with a program offered by, a university, college, or	7761
technical college or vocational study and also includes the	7762
completion of primary school, secondary school, and literacy	7763
curricula or their equivalent.	7764

(O) "Electronically monitored house arrest" has the same	7765
meaning as in section 2929.23 of the Revised Code.	7766

(P) "Eligible offender" has the same meaning as in section	7767
2929.23 of the Revised Code except as otherwise specified in	7768
section 2929.20 of the Revised Code.	7769

(Q) "Firearm" has the same meaning as in section 2923.11 of	7770
the Revised Code.	7771

(R)(P) "Halfway house" means a facility licensed by the	7772
division of parole and community services of the department of	7773
rehabilitation and correction pursuant to section 2967.14 of the	7774
Revised Code as a suitable facility for the care and treatment of	7775
adult offenders.	7776

(S)(Q) "House arrest" means a period of confinement of an	7777
eligible offender that is in the eligible offender's home or in	7778
other premises specified by the sentencing court or by the parole	7779
board pursuant to section 2967.28 of the Revised Code, that may be	7780
electronically monitored house arrest, and during which all of the	7781
following apply:	7782

(1) The eligible offender is required to remain in the	7783
eligible offender's home or other specified premises for the	7784
specified period of confinement, except for periods of time during	7785
which the eligible offender is at the eligible offender's place of	7786
employment or at other premises as authorized by the sentencing	7787
court or by the parole board.	7788

(2) The eligible offender is required to report periodically	7789
to a person designated by the court or parole board.	7790

(3) The eligible offender is subject to any other	7791
restrictions and requirements that may be imposed by the	7792
sentencing court or by the parole board.	7793

(T)(R) "Intensive probation supervision" means a requirement	7794
that an offender maintain frequent contact with a person appointed	7795
by the court, or by the parole board pursuant to section 2967.28	7796
of the Revised Code, to supervise the offender while the offender	7797
is seeking or maintaining necessary employment and participating	7798
in training, education, and treatment programs as required in the	7799
court's or parole board's order. "Intensive probation	7800
supervision" includes intensive parole supervision and intensive	7801
post-release control supervision.	7802

(U)(S) "Jail" means a jail, workhouse, minimum security	7803
jail, or other residential facility used for the confinement of	7804
alleged or convicted offenders that is operated by a political	7805
subdivision or a combination of political subdivisions of this	7806
state.	7807

(T) "Jail term" means the term in a jail that a sentencing	7808
court is authorized to impose pursuant to section 2929.24 or	7809
2929.25 of the Revised Code.	7810

(U) "Mandatory jail term" means the term in a jail that a	7811
sentencing court is required to impose pursuant to division (G) of	7812
section 1547.99 of the Revised Code, division (B) of section	7813
4507.99 of the Revised Code, or division (A) of section 4511.99 of	7814
the Revised Code.	7815

(V) "Delinquent child" has the same meaning as in section	7817
2152.02 of the Revised Code.	7818

(W) "License violation report" means a report that is made	7819
by a sentencing court, or by the parole board pursuant to section	7820
2967.28 of the Revised Code, to the regulatory or licensing board	7821
or agency that issued an offender a professional license or a	7822
license or permit to do business in this state and that specifies	7823
that the offender has been convicted of or pleaded guilty to an	7824
offense that may violate the conditions under which the offender's	7825
professional license or license or permit to do business in this	7826
state was granted or an offense for which the offender's	7827
professional license or license or permit to do business in this	7828
state may be revoked or suspended.	7829

(X) "Major drug offender" means an offender who is convicted	7830
of or pleads guilty to the possession of, sale of, or offer to	7831
sell any drug, compound, mixture, preparation, or substance that	7832
consists of or contains at least one thousand grams of hashish; at	7833
least one hundred grams of crack cocaine; at least one thousand	7834
grams of cocaine that is not crack cocaine; at least two thousand	7835
five hundred unit doses or two hundred fifty grams of heroin; at	7836
least five thousand unit doses of L.S.D. or five hundred grams of	7837
L.S.D. in a liquid concentrate, liquid extract, or liquid	7838
distillate form; or at least one hundred times the amount of any	7839
other schedule I or II controlled substance other than marihuana	7840
that is necessary to commit a felony of the third degree pursuant	7841
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	7842
Code that is based on the possession of, sale of, or offer to sell	7843
the controlled substance.	7844

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

7845

(1) Subject to division (Y)(2) of this section, the term in	7846
prison that must be imposed for the offenses or circumstances set	7847
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	7848
division (D) of section 2929.14 of the Revised Code. Except as	7849
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	7850
2925.11 of the Revised Code, unless the maximum or another	7851
specific term is required under section 2929.14 of the Revised	7852
Code, a mandatory prison term described in this division may be	7853
any prison term authorized for the level of offense.	7854

(2) The term of sixty or one hundred twenty days in prison	7855
that a sentencing court is required to impose for a third or	7856
fourth degree felony OMVI offense pursuant to division (G)(2) of	7857
section 2929.13 and division (A)(4) or (8) of section 4511.99 of	7858
the Revised Code.	7859

(3) The term in prison imposed pursuant to section 2971.03	7860
of the Revised Code for the offenses and in the circumstances	7861
described in division (F)(11) of section 2929.13 of the Revised	7862
Code and that term as modified or terminated pursuant to section	7863
2971.05 of the Revised Code.	7864

(Z) "Monitored time" means a period of time during which an	7865
offender continues to be under the control of the sentencing court	7866
or parole board, subject to no conditions other than leading a	7867
law-abiding life.	7868

(AA) "Offender" means a person who, in this state, is	7869
convicted of or pleads guilty to a felony or a misdemeanor.	7870

(BB) "Prison" means a residential facility used for the	7871
confinement of convicted felony offenders that is under the	7872
control of the department of rehabilitation and correction but	7873
does not include a violation sanction center operated under	7874
authority of section 2967.141 of the Revised Code.	7875

(CC) "Prison term" includes any of the following sanctions	7876
for an offender:	7877

(1) A stated prison term;

7878

(2) A term in a prison shortened by, or with the approval	7879
of, the sentencing court pursuant to section 2929.20, 2967.26,	7880
5120.031, 5120.032, or 5120.073 of the Revised Code;	7881

(3) A term in prison extended by bad time imposed pursuant	7882
to section 2967.11 of the Revised Code or imposed for a violation	7883
of post-release control pursuant to section 2967.28 of the Revised	7884
Code.	7885

(DD) "Repeat violent offender" means a person about whom	7886
both of the following apply:	7887

(1) The person has been convicted of or has pleaded guilty	7888
to, and is being sentenced for committing, for complicity in	7889
committing, or for an attempt to commit, aggravated murder,	7890
murder, involuntary manslaughter, a felony of the first degree	7891
other than one set forth in Chapter 2925. of the Revised Code, a	7892
felony of the first degree set forth in Chapter 2925. of the	7893
Revised Code that involved an attempt to cause serious physical	7894
harm to a person or that resulted in serious physical harm to a	7895
person, or a felony of the second degree that involved an attempt	7896
to cause serious physical harm to a person or that resulted in	7897
serious physical harm to a person.	7898

(2) Either of the following applies:

7899

(a) The person previously was convicted of or pleaded guilty	7900
to, and served a prison term for, any of the following:	7901

(i) Aggravated murder, murder, involuntary manslaughter,	7902
rape, felonious sexual penetration as it existed under section	7903
2907.12 of the Revised Code prior to September 3, 1996, a felony	7904
of the first or second degree that resulted in the death of a	7905
person or in physical harm to a person, or complicity in or an	7906
attempt to commit any of those offenses;	7907

(ii) An offense under an existing or former law of this	7908
state, another state, or the United States that is or was	7909
substantially equivalent to an offense listed under division	7910
(DD)(2)(a)(i) of this section and that resulted in the death of a	7911
person or in physical harm to a person.	7912

(b) The person previously was adjudicated a delinquent child	7913
for committing an act that if committed by an adult would have	7914
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	7915
section, and the person was committed to the department of youth	7916
services for that delinquent act.	7917

(EE) "Sanction" means any penalty imposed upon an offender	7918
who is convicted of or pleads guilty to an offense, as punishment	7919
for the offense. "Sanction" includes any sanction imposed	7920
pursuant to any provision of sections 2929.14 to 2929.18 or	7921
2929.24 to 2929.28 of the Revised Code.	7922

(FF) "Sentence" means the sanction or combination of	7923
sanctions imposed by the sentencing court on an offender who is	7924
convicted of or pleads guilty to a felonyan offense.	7925

(GG) "Stated prison term" means the prison term, mandatory	7926
prison term, or combination of all prison terms and mandatory	7927
prison terms imposed by the sentencing court pursuant to section	7928
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	7929
includes any credit received by the offender for time spent in	7930
jail awaiting trial, sentencing, or transfer to prison for the	7931
offense and any time spent under house arrest or electronically	7932
monitored house arrest imposed after earning credits pursuant to	7933
section 2967.193 of the Revised Code.	7934

(HH) "Victim-offender mediation" means a reconciliation or	7935
mediation program that involves an offender and the victim of the	7936
offense committed by the offender and that includes a meeting in	7937
which the offender and the victim may discuss the offense, discuss	7938
restitution, and consider other sanctions for the offense.	7939

(II) "Fourth degree felony OMVI offense" means a violation	7940
of division (A) of section 4511.19 of the Revised Code that, under	7941
section 4511.99 of the Revised Code, is a felony of the fourth	7942
degree.	7943

(JJ) "Mandatory term of local incarceration" means the term	7944
of sixty or one hundred twenty days in a jail, a community-based	7945
correctional facility, a halfway house, or an alternative	7946
residential facility that a sentencing court may impose upon a	7947
person who is convicted of or pleads guilty to a fourth degree	7948
felony OMVI offense pursuant to division (G)(1) of section 2929.13	7949
of the Revised Code and division (A)(4) or (8) of section 4511.99	7950
of the Revised Code.	7951

(KK) "Designated homicide, assault, or kidnapping offense,"	7952
"sexual motivation specification," "sexually violent offense,"	7953
"sexually violent predator," and "sexually violent predator	7954
specification" have the same meanings as in section 2971.01 of the	7955
Revised Code.	7956

(LL) "Habitual sex offender," "sexually oriented offense,"	7957
and "sexual predator" have the same meanings as in section 2950.01	7958
of the Revised Code.	7959

(MM) An offense is "committed in the vicinity of a child" if	7960
the offender commits the offense within thirty feet of or within	7961
the same residential unit as a child who is under eighteen years	7962
of age, regardless of whether the offender knows the age of the	7963
child or whether the offender knows the offense is being committed	7964
within thirty feet of or within the same residential unit as the	7965
child and regardless of whether the child actually views the	7966
commission of the offense.	7967

(NN) "Family or household member" has the same meaning as in	7968
section 2919.25 of the Revised Code.	7969

(OO) "Motor vehicle" and "manufactured home" have the same	7970
meanings as in section 4501.01 of the Revised Code.	7971

(PP) "Detention" and "detention facility" have the same	7972
meanings as in section 2921.01 of the Revised Code.	7973

(QQ) "Third degree felony OMVI offense" means a violation of	7974
division (A) of section 4511.19 of the Revised Code that, under	7975
section 4511.99 of the Revised Code, is a felony of the third	7976
degree.	7977

(RR) "Random drug testing" has the same meaning as in	7978
section 5120.63 of the Revised Code.	7979

(SS) "Felony sex offense" has the same meaning as in section	7980
2957.282967.28 of the Revised Code.	7981

(RR)(TT) "Body armor" has the same meaning as in section	7982
2941.1411 of the Revised Code.	7983

(UU) "Electronic monitoring" means monitoring through the	7984
use of an electronic monitoring device.	7985

(VV) "Electronic monitoring device" means any of the	7986
following:	7987

(1) Any device that can be operated by electrical or battery	7988
power and that conforms with all of the following:	7989

(a) The device has a transmitter that can be attached to a	7990
person, that will transmit a specified signal to a receiver of the	7991
type described in division (VV)(1)(b) of this section if the	7992
transmitter is removed from the person, turned off, or altered in	7993
any manner without prior court approval in relation to electronic	7994
monitoring or without prior approval of the department of	7995
rehabilitation and correction in relation to the use of an	7996
electronic monitoring device for an inmate on transitional control	7997
or otherwise is tampered with, that can transmit continuously and	7998
periodically a signal to that receiver when the person is within a	7999
specified distance from the receiver, and that can transmit an	8000
appropriate signal to that receiver if the person to whom it is	8001
attached travels a specified distance from that receiver.	8002

(b) The device has a receiver that can receive continuously	8003
the signals transmitted by a transmitter of the type described in	8004
division (VV)(1)(a) of this section, can transmit continuously	8005
those signals by telephone to a central monitoring computer of the	8006
type described in division (VV)(1)(c) of this section, and can	8007
transmit continuously an appropriate signal to that central	8008
monitoring computer if the receiver is turned off or altered	8009
without prior court approval or otherwise tampered with.	8010

(c) The device has a central monitoring computer that can	8011
receive continuously the signals transmitted by telephone by a	8012
receiver of the type described in division (VV)(1)(b) of this	8013
section and can monitor continuously the person to whom an	8014
electronic monitoring device of the type described in division	8015
(VV)(1)(a) of this section is attached.	8016

(2) Any device that is not a device of the type described in	8017
division (VV)(1) of this section and that conforms with all of the	8018
following:	8019

(a) The device includes a transmitter and receiver that can	8020
monitor and determine the location of a subject person at any	8021
time, or at a designated point in time, through the use of a	8022
central monitoring computer or through other electronic means.	8023

(b) The device includes a transmitter and receiver that can	8024
determine at any time, or at a designated point in time, through	8025
the use of a central monitoring computer or other electronic means	8026
the fact that the transmitter is turned off or altered in any	8027
manner without prior approval of the court in relation to the	8028
electronic monitoring or without prior approval of the department	8029
of rehabilitation and correction in relation to the use of an	8030
electronic monitoring device for an inmate on transitional control	8031
or otherwise is tampered with.	8032

(3) Any type of technology that can adequately track or	8033
determine the location of a subject person at any time and that is	8034
approved by the director of rehabilitation and correction,	8035
including, but not limited to, any satellite technology, voice	8036
tracking system, or retinal scanning system that is so approved.	8037

Sec. 2929.17.  The court imposing a sentence for a felony	8038
upon an offender who is not required to serve a mandatory prison	8039
term may impose any nonresidential sanction or combination of	8040
nonresidential sanctions authorized under this section. If the	8041
court imposes one or more nonresidential sanctions authorized	8042
under this section, the court shall impose as a condition of the	8043
sanction that, during the period of the nonresidential sanction,	8044
the offender shall abide by the law and shall not leave the state	8045
without the permission of the court or the offender's probation	8046
officer.	8047

The court imposing a sentence for a fourth degree felony OMVI	8048
offense under division (G)(1) of section 2929.13 of the Revised	8049
Code may impose upon the offender, in addition to the mandatory	8050
term of local incarceration imposed under that division, a	8051
nonresidential sanction or combination of nonresidential sanctions	8052
under this section, and the offender shall serve or satisfy the	8053
sanction or combination of sanctions after the offender has served	8054
the mandatory term of local incarceration required for the	8055
offense. Nonresidential sanctions include, but are not limited	8056
to, the following:	8057

(A) A term of day reporting;

8058

(B) A term of electronically monitored house arrest with	8059
electronic monitoring, a term of electronic monitoring without	8060
house arrest, or a term of house arrest without electronic	8061
monitoring;	8062

(C) A term of community service of up to five hundred hours	8063
pursuant to division (F)(B) of section 2951.02 of the Revised Code	8064
or, if the court determines that the offender is financially	8065
incapable of fulfilling a financial sanction described in section	8066
2929.18 of the Revised Code, a term of community service as an	8067
alternative to a financial sanction;	8068

(D) A term in a drug treatment program with a level of	8069
security for the offender as determined necessary by the court;	8070

(E) A term of intensive probation supervision;

8071

(F) A term of basic probation supervision;

8072

(G) A term of monitored time;

8073

(H) A term of drug and alcohol use monitoring, including	8074
random drug testing pursuant to section 2951.05 of the Revised	8075
Code;	8076

(I) A curfew term;

8077

(J) A requirement that the offender obtain employment;

8078

(K) A requirement that the offender obtain education or	8079
training;	8080

(L) Provided the court obtains the prior approval of the	8081
victim, a requirement that the offender participate in	8082
victim-offender mediation;	8083

(M) A license violation report;

8084

(N) If the offense is a violation of section 2919.25 or a	8085
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	8086
Code involving a person who was a family or household member at	8087
the time of the violation, if the offender committed the offense	8088
in the vicinity of one or more children who are not victims of the	8089
offense, and if the offender or the victim of the offense is a	8090
parent, guardian, custodian, or person in loco parentis of one or	8091
more of those children, a requirement that the offender obtain	8092
counseling. This division does not limit the court in requiring	8093
the offender to obtain counseling for any offense or in any	8094
circumstance not specified in this division.	8095

Sec. 2929.18.  (A) Except as otherwise provided in this	8096
division and in addition to imposing court costs pursuant to	8097
section 2947.23 of the Revised Code, the court imposing a sentence	8098
upon an offender for a felony may sentence the offender to any	8099
financial sanction or combination of financial sanctions	8100
authorized under this section or, in the circumstances specified	8101
in section 2929.252929.32 of the Revised Code, may impose upon	8102
the offender a fine in accordance with that section. If the	8103
offender is sentenced to a sanction of confinement pursuant to	8104
section 2929.14 or 2929.16 of the Revised Code that is to be	8105
served in a facility operated by a board of county commissioners,	8106
a legislative authority of a municipal corporation, or another	8107
governmental entity, the court imposing sentence upon an offender	8108
for a felony shall comply with division (A)(4)(b) of this section	8109
in determining whether to sentence the offender to a financial	8110
sanction described in division (A)(4)(a) of this section.	8111
Financial sanctions that may be imposed pursuant to this section	8112
include, but are not limited to, the following:	8113

(1) Restitution by the offender to the victim of the	8114
offender's crime or any survivor of the victim, in an amount based	8115
on the victim's economic loss. The court shall order that the	8116
restitution be made to the victim in open court, to the adult	8117
probation department that serves the county on behalf of the	8118
victim, to the clerk of courts, or to another agency designated by	8119
the court, except that it. The order may include a requirement	8120
that reimbursement be made to third parties for amounts paid to or	8121
on behalf of the victim or any survivor of the victim for economic	8122
loss resulting from the offense. If reimbursement to third	8123
parties is required, the reimbursement shall be made to any	8124
governmental agency to repay any amounts paid by the agency to or	8125
on behalf of the victim or any survivor of the victim for economic	8126
loss resulting from the offense before any reimbursement is made	8127
to any person other than a governmental agency. If no	8128
governmental agency incurred expenses for economic loss of the	8129
victim or any survivor of the victim resulting from the offense,	8130
the reimbursement shall be made to any person other than a	8131
governmental agency to repay amounts paid by that person to or on	8132
behalf of the victim or any survivor of the victim for economic	8133
loss of the victim resulting from the offense. The court shall	8134
not require an offender to repay an insurance company for any	8135
amounts the company paid on behalf of the offender pursuant to a	8136
policy of insurance. At sentencing, the court shall determine the	8137
amount of restitution to be made by the offender. The court may	8138
base the amount of restitution it orders on an amount recommended	8139
by the victim, the offender, a presentence investigation report,	8140
estimates or receipts indicating the cost of repairing or	8141
replacing property, and other information. The court shall hold a	8142
hearing on restitution if the offender, victim, or survivor	8143
disputes the amount. All restitution payments shall be credited	8144
against any recovery of economic loss in a civil action brought by	8145
the victim or any survivor of the victim against the offender.	8146

The court may order that the offender pay a surcharge of not	8147
more than five per cent of the amount of the restitution otherwise	8148
ordered to the entity responsible for collecting and processing	8149
restitution payments.	8150

The victim or survivor may request that the prosecuting	8151
attorney file a motion, or the offender may file a motion, for	8152
modification of the payment terms of any restitution ordered based	8153
on a substantial change in the offender's ability to pay.	8154

(2) Except as provided in division (B)(1), (3), or (4) of	8155
this section, a fine payable by the offender to the state, to a	8156
political subdivision, or as described in division (B)(2) of this	8157
section to one or more law enforcement agencies, with the amount	8158
of the fine based on a standard percentage of the offender's daily	8159
income over a period of time determined by the court and based	8160
upon the seriousness of the offense. A fine ordered under this	8161
division shall not exceed the statutorymaximum conventional fine	8162
amount authorized for the level of the offense under division	8163
(A)(3) of this section.	8164

(3) Except as provided in division (B)(1), (3), or (4) of	8165
this section, a fine payable by the offender to the state, to a	8166
political subdivision when appropriate for a felony, or as	8167
described in division (B)(2) of this section to one or more law	8168
enforcement agencies, in the following amount:	8169

(a) For a felony of the first degree, not more than twenty	8170
thousand dollars;	8171

(b) For a felony of the second degree, not more than fifteen	8172
thousand dollars;	8173

(c) For a felony of the third degree, not more than ten	8174
thousand dollars;	8175

(d) For a felony of the fourth degree, not more than five	8176
thousand dollars;	8177

(e) For a felony of the fifth degree, not more than two	8178
thousand five hundred dollars.	8179

(4) A state fine or cost as defined in section 2949.111 of	8180
the Revised Code;	8181

(5)(a) Subject to division (A)(4)(b) of this section,	8182
reimbursement by the offender of any or all of the costs of	8183
sanctions incurred by the government, including the following:	8184

(i) All or part of the costs of implementing any community	8185
control sanction, including a supervision fee under section	8186
2951.021 of the Revised Code;	8187

(ii) All or part of the costs of confinement under a	8188
sanction imposed pursuant to section 2929.14 or 2929.16 of the	8189
Revised Code, provided that the amount of reimbursement ordered	8190
under this division shall not exceed the total amount of	8191
reimbursement the offender is able to pay as determined at a	8192
hearing and shall not exceed the actual cost of the confinement;	8193

(b) If the offender is sentenced to a sanction of	8194
confinement pursuant to section 2929.14 or 2929.16 of the Revised	8195
Code that is to be served in a facility operated by a board of	8196
county commissioners, a legislative authority of a municipal	8197
corporation, or another local governmental entity, one of the	8198
following applies:	8199

(i) If, pursuant to section 307.93, 341.14, 341.19, 341.23,	8200
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code,	8201
the board, legislative authority, or other local governmental	8202
entity requires prisoners convicted of an offense other than a	8203
minor misdemeanor to reimburse the county, municipal corporation,	8204
or other entity for its expenses incurred by reason of the	8205
prisoner's confinement pursuant to section 2929.29 of the Revised	8206
Code, the court shall impose a financial sanction under division	8207
(A)(4)(a) of this section that requires the offender to reimburse	8208
the county, municipal corporation, or other local governmental	8209
entity for the cost of the confinement pursuant to section 2929.29	8210
of the Revised Code. In addition, the court may impose any other	8211
financial sanction under this section.	8212

(ii) If, pursuant to any section identified in division	8213
(A)(4)(b)(i) of this section, the board, legislative authority, or	8214
other local governmental entity has adopted a resolution or	8215
ordinance specifying that prisoners convicted of felonies are not	8216
required to reimburse the county, municipal corporation, or other	8217
local governmental entity for its expenses incurred by reason of	8218
the prisoner's confinement, the court shall not impose a financial	8219
sanction under division (A)(4)(a) of this section that requires	8220
the offender to reimburse the county, municipal corporation, or	8221
other local governmental entity for the cost of the confinement,	8222
but the court may impose any other financial sanction under this	8223
section.	8224

(iii) If neither division (A)(4)(b)(i) nor (A)(4)(b)(ii) of	8225
this section applies, the court may impose, but is not required to	8226
impose, any financial sanction under this section.	8227

(c) Reimbursement by the offender for costs pursuant to	8228
section 2929.282929.71 of the Revised Code.	8229

(B)(1) For a first, second, or third degree felony violation	8230
of any provision of Chapter 2925., 3719., or 4729. of the Revised	8231
Code, the sentencing court shall impose upon the offender a	8232
mandatory fine of at least one-half of, but not more than, the	8233
maximum statutory fine amount authorized for the level of the	8234
offense pursuant to division (A)(3) of this section. If an	8235
offender alleges in an affidavit filed with the court prior to	8236
sentencing that the offender is indigent and unable to pay the	8237
mandatory fine and if the court determines the offender is an	8238
indigent person and is unable to pay the mandatory fine described	8239
in this division, the court shall not impose the mandatory fine	8240
upon the offender.	8241

(2) Any mandatory fine imposed upon an offender under	8242
division (B)(1) of this section and any fine imposed upon an	8243
offender under division (A)(2) or (3) of this section for any	8244
fourth or fifth degree felony violation of any provision of	8245
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	8246
to law enforcement agencies pursuant to division (F) of section	8247
2925.03 of the Revised Code.	8248

(3) For a fourth degree felony OMVI offense and for a third	8249
degree felony OMVI offense, the sentencing court shall impose upon	8250
the offender a mandatory fine in the amount specified in division	8251
(A)(4) or (8) of section 4511.99 of the Revised Code. The	8252
mandatory fine so imposed shall be disbursed as provided in	8253
division (A)(4) or (8) of section 4511.99 of the Revised Code.	8254

(4) Notwithstanding any fine otherwise authorized or	8255
required to be imposed under division (A)(2) or (3) or (B)(1) of	8256
this section or section 2929.31 of the Revised Code for a	8257
violation of section 2925.03 of the Revised Code, in addition to	8258
any penalty or sanction imposed for that offense under section	8259
2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in	8260
addition to the forfeiture of property in connection with the	8261
offense as prescribed in sections 2925.42 to 2925.45 of the	8262
Revised Code, the court that sentences an offender for a violation	8263
of section 2925.03 of the Revised Code may impose upon the	8264
offender a fine in addition to any fine imposed under division	8265
(A)(2) or (3) of this section and in addition to any mandatory	8266
fine imposed under division (B)(1) of this section. The fine	8267
imposed under division (B)(4) of this section shall be used as	8268
provided in division (H) of section 2925.03 of the Revised Code. A	8269
fine imposed under division (B)(4) of this section shall not	8270
exceed whichever of the following is applicable:	8271

(a) The total value of any personal or real property in	8272
which the offender has an interest and that was used in the course	8273
of, intended for use in the course of, derived from, or realized	8274
through conduct in violation of section 2925.03 of the Revised	8275
Code, including any property that constitutes proceeds derived	8276
from that offense;	8277

(b) If the offender has no interest in any property of the	8278
type described in division (B)(4)(a) of this section or if it is	8279
not possible to ascertain whether the offender has an interest in	8280
any property of that type in which the offender may have an	8281
interest, the amount of the mandatory fine for the offense imposed	8282
under division (B)(1) of this section or, if no mandatory fine is	8283
imposed under division (B)(1) of this section, the amount of the	8284
fine authorized for the level of the offense imposed under	8285
division (A)(3) of this section.	8286

(5) Prior to imposing a fine under division (B)(4) of this	8287
section, the court shall determine whether the offender has an	8288
interest in any property of the type described in division	8289
(B)(4)(a) of this section. Except as provided in division (B)(6)	8290
or (7) of this section, a fine that is authorized and imposed	8291
under division (B)(4) of this section does not limit or affect the	8292
imposition of the penalties and sanctions for a violation of	8293
section 2925.03 of the Revised Code prescribed under those	8294
sections or sections 2929.11 to 2929.18 of the Revised Code and	8295
does not limit or affect a forfeiture of property in connection	8296
with the offense as prescribed in sections 292t.42 2925.42 to	8297
2925.45 of the Revised Code.	8298

(6) If the sum total of a mandatory fine amount imposed for	8299
a first, second, or third degree felony violation of section	8300
2925.03 of the Revised Code under division (B)(1) of this section	8301
plus the amount of any fine imposed under division (B)(4) of this	8302
section does not exceed the maximum statutory fine amount	8303
authorized for the level of the offense under division (A)(3) of	8304
this section or section 2929.31 of the Revised Code, the court may	8305
impose a fine for the offense in addition to the mandatory fine	8306
and the fine imposed under division (B)(4) of this section. The	8307
sum total of the amounts of the mandatory fine, the fine imposed	8308
under division (B)(4) of this section, and the additional fine	8309
imposed under division (B)(6) of this section shall not exceed the	8310
maximum statutory fine amount authorized for the level of the	8311
offense under division (A)(3) of this section or section 2929.31	8312
of the Revised Code. The clerk of the court shall pay any fine	8313
that is imposed under division (B)(6) of this section to the	8314
county, township, municipal corporation, park district as created	8315
pursuant to section 511.18 or 1545.04 of the Revised Code, or	8316
state law enforcement agencies in this state that primarily were	8317
responsible for or involved in making the arrest of, and in	8318
prosecuting, the offender pursuant to division (F) of section	8319
2925.03 of the Revised Code.	8320

(7) If the sum total of the amount of a mandatory fine	8321
imposed for a first, second, or third degree felony violation of	8322
section 2925.03 of the Revised Code plus the amount of any fine	8323
imposed under division (B)(4) of this section exceeds the maximum	8324
statutory fine amount authorized for the level of the offense	8325
under division (A)(3) of this section or section 2929.31 of the	8326
Revised Code, the court shall not impose a fine under division	8327
(B)(6) of this section.	8328

(C)(1) The offender shall pay reimbursements imposed upon	8329
the offender pursuant to division (A)(4)(a) of this section to pay	8330
the costs incurred by the department of rehabilitation and	8331
correction in operating a prison or other facility used to confine	8332
offenders pursuant to sanctions imposed under section 2929.14 or	8333
2929.16 of the Revised Code to the treasurer of state. The	8334
treasurer of state shall deposit the reimbursements in the	8335
confinement cost reimbursement fund that is hereby created in the	8336
state treasury. The department of rehabilitation and correction	8337
shall use the amounts deposited in the fund to fund the operation	8338
of facilities used to confine offenders pursuant to sections	8339
2929.14 and 2929.16 of the Revised Code.	8340

(2) Except as provided in section 2951.021 of the Revised	8341
Code, the offender shall pay reimbursements imposed upon the	8342
offender pursuant to division (A)(4)(a) of this section to pay the	8343
costs incurred by a county pursuant to any sanction imposed under	8344
this section or section 2929.16 or 2929.17 of the Revised Code or	8345
in operating a facility used to confine offenders pursuant to a	8346
sanction imposed under section 2929.16 of the Revised Code to the	8347
county treasurer. The county treasurer shall deposit the	8348
reimbursements in the sanction cost reimbursement fund that each	8349
board of county commissioners shall create in its county treasury.	8350
The county shall use the amounts deposited in the fund to pay the	8351
costs incurred by the county pursuant to any sanction imposed	8352
under this section or section 2929.16 or 2929.17 of the Revised	8353
Code or in operating a facility used to confine offenders pursuant	8354
to a sanction imposed under section 2929.16 of the Revised Code.	8355

(3) Except as provided in section 2951.021 of the Revised	8356
Code, the offender shall pay reimbursements imposed upon the	8357
offender pursuant to division (A)(4)(a) of this section to pay the	8358
costs incurred by a municipal corporation pursuant to any sanction	8359
imposed under this section or section 2929.16 or 2929.17 of the	8360
Revised Code or in operating a facility used to confine offenders	8361
pursuant to a sanction imposed under section 2929.16 of the	8362
Revised Code to the treasurer of the municipal corporation. The	8363
treasurer shall deposit the reimbursements in a special fund that	8364
shall be established in the treasury of each municipal	8365
corporation. The municipal corporation shall use the amounts	8366
deposited in the fund to pay the costs incurred by the municipal	8367
corporation pursuant to any sanction imposed under this section or	8368
section 2929.16 or 2929.17 of the Revised Code or in operating a	8369
facility used to confine offenders pursuant to a sanction imposed	8370
under section 2929.16 of the Revised Code.	8371

(4) Except as provided in section 2951.021 of the Revised	8372
Code, the offender shall pay reimbursements imposed pursuant to	8373
division (A)(4)(a) of this section for the costs incurred by a	8374
private provider pursuant to a sanction imposed under this section	8375
or section 2929.16 or 2929.17 of the Revised Code to the provider.	8376

(D) AExcept as otherwise provided in this division, a	8377
financial sanction imposed pursuant to division (A) or (B) of this	8378
section is a judgment in favor of the state or a political	8379
subdivision in which the court that imposed the financial sanction	8380
is located, except that a. A financial sanction of reimbursement	8381
imposed pursuant to division (A)(4)(a)(ii) of this section upon an	8382
offender who is incarcerated in a state facility or a municipal	8383
jail is a judgment in favor of the state or the municipal	8384
corporation, a. A financial sanction of reimbursement imposed upon	8385
an offender pursuant to this section for costs incurred by a	8386
private provider of sanctions is a judgment in favor of the	8387
private provider, and a. A financial sanction of restitution	8388
imposed pursuant to this section is a judgment in favor of the	8389
victim of the offender's criminal act. The offender subject to	8390
the sanction is the judgment debtor. Imposition of a financial	8391
sanction and execution on the judgment does not preclude any other	8392
power of the court to impose or enforce sanctions on the offender.	8393
Once the financial sanction is imposed as a judgment, the victim,	8394
private provider, state, or political subdivision may bring an	8395
action to do any of the following:	8396

(1) Obtain execution of the judgment through any available	8397
procedure, including:	8398

(a) An execution against the property of the judgment debtor	8399
under Chapter 2329. of the Revised Code;	8400

(b) An execution against the person of the judgment debtor	8401
under Chapter 2331. of the Revised Code;	8402

(c) A proceeding in aid of execution under Chapter 2333. of	8403
the Revised Code, including:	8404

(i) A proceeding for the examination of the judgment debtor	8405
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	8406
of the Revised Code;	8407

(ii) A proceeding for attachment of the person of the	8408
judgment debtor under section 2333.28 of the Revised Code;	8409

(iii) A creditor's suit under section 2333.01 of the Revised	8410
Code.	8411

(d) The attachment of the property of the judgment debtor	8412
under Chapter 2715. of the Revised Code;	8413

(e) The garnishment of the property of the judgment debtor	8414
under Chapter 2716. of the Revised Code.	8415

(2) Obtain an order for the assignment of wages of the	8416
judgment debtor under section 1321.33 of the Revised Code.	8417

(E) A court that imposes a financial sanction upon an	8418
offender may hold a hearing if necessary to determine whether the	8419
offender is able to pay the sanction or is likely in the future to	8420
be able to pay it.	8421

(F) Each court imposing a financial sanction upon an	8422
offender under this section or under section 2929.252929.32 of	8423
the Revised Code may designate athe clerk of the court employee	8424
or another person to collect, orthe financial sanction. The clerk	8425
or other person authorized by law or the court to collect the	8426
financial sanction may enter into contracts with one or more	8427
public agencies or private vendors for the collection of, amounts	8428
due under the financial sanction imposed pursuant to this section	8429
or section 2929.252929.32 of the Revised Code. Before entering	8430
into a contract for the collection of amounts due from an offender	8431
pursuant to any financial sanction imposed pursuant to this	8432
section or section 2929.252929.32 of the Revised Code, a court	8433
shall comply with sections 307.86 to 307.92 of the Revised Code.	8434

(G) If a court that imposes a financial sanction under	8435
division (A) or (B) of this section finds that an offender	8436
satisfactorily has completed all other sanctions imposed upon the	8437
offender and that all restitution that has been ordered has been	8438
paid as ordered, the court may suspend any financial sanctions	8439
imposed pursuant to this section or section 2929.252929.32 of the	8440
Revised Code that have not been paid.	8441

(H) No financial sanction imposed under this section or	8442
section 2929.252929.32 of the Revised Code shall preclude a	8443
victim from bringing a civil action against the offender.	8444

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	8445
hearing before imposing a sentence under this chapter upon an	8446
offender who was convicted of or pleaded guilty to a felony and	8447
before resentencing an offender who was convicted of or pleaded	8448
guilty to a felony and whose case was remanded pursuant to section	8449
2953.07 or 2953.08 of the Revised Code. At the hearing, the	8450
offender, the prosecuting attorney, the victim or the victim's	8451
representative in accordance with section 2930.14 of the Revised	8452
Code, and, with the approval of the court, any other person may	8453
present information relevant to the imposition of sentence in the	8454
case. The court shall inform the offender of the verdict of the	8455
jury or finding of the court and ask the offender whether the	8456
offender has anything to say as to why sentence should not be	8457
imposed upon the offender.	8458

(2) Except as otherwise provided in this division, before	8459
imposing sentence on an offender who is being sentenced for a	8460
sexually oriented offense that was committed on or after January	8461
1, 1997, and that is not a sexually violent offense, and before	8462
imposing sentence on an offender who is being sentenced for a	8463
sexually violent offense committed on or after January 1, 1997,	8464
and who was not charged with a sexually violent predator	8465
specification in the indictment, count in the indictment, or	8466
information charging the sexually violent offense, the court shall	8467
conduct a hearing in accordance with division (B) of section	8468
2950.09 of the Revised Code to determine whether the offender is a	8469
sexual predator. The court shall not conduct a hearing under that	8470
division if the offender is being sentenced for a sexually violent	8471
offense and a sexually violent predator specification was included	8472
in the indictment, count in the indictment, or information	8473
charging the sexually violent offense. Before imposing sentence	8474
on an offender who is being sentenced for a sexually oriented	8475
offense, the court also shall comply with division (E) of section	8476
2950.09 of the Revised Code.	8477

(B)(1) At the sentencing hearing, the court, before imposing	8478
sentence, shall consider the record, any information presented at	8479
the hearing by any person pursuant to division (A) of this	8480
section, and, if one was prepared, the presentence investigation	8481
report made pursuant to section 2951.03 of the Revised Code or	8482
Criminal Rule 32.2, and any victim impact statement made pursuant	8483
to section 2947.051 of the Revised Code.	8484

(2) The court shall impose a sentence and shall make a	8485
finding that gives its reasons for selecting the sentence imposed	8486
in any of the following circumstances:	8487

(a) Unless the offense is a sexually violent offense for	8488
which the court is required to impose sentence pursuant to	8489
division (G) of section 2929.14 of the Revised Code, if it imposes	8490
a prison term for a felony of the fourth or fifth degree or for a	8491
felony drug offense that is a violation of a provision of Chapter	8492
2925. of the Revised Code and that is specified as being subject	8493
to division (B) of section 2929.13 of the Revised Code for	8494
purposes of sentencing, its reasons for imposing the prison term,	8495
based upon the overriding purposes and principles of felony	8496
sentencing set forth in section 2929.11 of the Revised Code, and	8497
any factors listed in divisions (B)(1)(a) to (i) of section	8498
2929.13 of the Revised Code that it found to apply relative to the	8499
offender.	8500

(b) If it does not impose a prison term for a felony of the	8501
first or second degree or for a felony drug offense that is a	8502
violation of a provision of Chapter 2925. of the Revised Code and	8503
for which a presumption in favor of a prison term is specified as	8504
being applicable, its reasons for not imposing the prison term and	8505
for overriding the presumption, based upon the overriding purposes	8506
and principles of felony sentencing set forth in section 2929.11	8507
of the Revised Code, and the basis of the findings it made under	8508
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	8509

(c) If it imposes consecutive sentences under section	8510
2929.14 of the Revised Code, its reasons for imposing the	8511
consecutive sentences;	8512

(d) If the sentence is for one offense and it imposes a	8513
prison term for the offense that is the maximum prison term	8514
allowed for that offense by division (A) of section 2929.14 of the	8515
Revised Code, its reasons for imposing the maximum prison term;	8516

(e) If the sentence is for two or more offenses arising out	8517
of a single incident and it imposes a prison term for those	8518
offenses that is the maximum prison term allowed for the offense	8519
of the highest degree by division (A) of section 2929.14 of the	8520
Revised Code, its reasons for imposing the maximum prison term.	8521

(3) Subject to division (B)(4) of this section, if the	8522
sentencing court determines at the sentencing hearing that a	8523
prison term is necessary or required, the court shall do all of	8524
the following:	8525

(a) Impose a stated prison term;

8526

(b) Notify the offender that, as part of the sentence, the	8527
parole board may extend the stated prison term for certain	8528
violations of prison rules for up to one-half of the stated prison	8529
term;	8530

(c) Notify the offender that the offender will be supervised	8531
under section 2967.28 of the Revised Code after the offender	8532
leaves prison if the offender is being sentenced for a felony of	8533
the first degree or second degree, for a felony sex offense, or	8534
for a felony of the third degree in the commission of which the	8535
offender caused or threatened to cause physical harm to a person;	8536

(d) Notify the offender that the offender may be supervised	8537
under section 2967.28 of the Revised Code after the offender	8538
leaves prison if the offender is being sentenced for a felony of	8539
the third, fourth, or fifth degree that is not subject to division	8540
(B)(3)(c) of this section;	8541

(e) Notify the offender that, if a period of supervision is	8542
imposed following the offender's release from prison, as described	8543
in division (B)(3)(c) or (d) of this section, and if the offender	8544
violates that supervision or a condition of post-release control	8545
imposed under division (B) of section 2967.131 of the Revised	8546
Code, the parole board may impose a prison term, as part of the	8547
sentence, of up to one-half of the stated prison term originally	8548
imposed upon the offender;	8549

(f) Require that the offender not ingest or be injected with	8550
a drug of abuse and submit to random drug testing as provided in	8551
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	8552
is applicable to the offender who is serving a prison term, and	8553
require that the results of the drug test administered under any	8554
of those sections indicate that the offender did not ingest or was	8555
not injected with a drug of abuse.	8556

(4) If the offender is being sentenced for a sexually	8557
violent offense that the offender committed on or after January 1,	8558
1997, and the offender also is convicted of or pleads guilty to a	8559
sexually violent predator specification that was included in the	8560
indictment, count in the indictment, or information charging the	8561
sexually violent offense or if the offender is being sentenced for	8562
a sexually oriented offense that the offender committed on or	8563
after January 1, 1997, and the court imposing the sentence has	8564
determined pursuant to division (B) of section 2950.09 of the	8565
Revised Code that the offender is a sexual predator, the court	8566
shall include in the offender's sentence a statement that the	8567
offender has been adjudicated as being a sexual predator and shall	8568
comply with the requirements of section 2950.03 of the Revised	8569
Code. Additionally, in the circumstances described in division	8570
(G) of section 2929.14 of the Revised Code, the court shall impose	8571
sentence on the offender as described in that division.	8572

(5) If the sentencing court determines at the sentencing	8573
hearing that a community control sanction should be imposed and	8574
the court is not prohibited from imposing a community control	8575
sanction, the court shall impose a community control sanction. The	8576
court shall notify the offender that, if the conditions of the	8577
sanction are violated, if the offender commits a violation of any	8578
law, or if the offender leaves this state without the permission	8579
of the court or the offender's probation officer, the court may	8580
impose a longer time under the same sanction, may impose a more	8581
restrictive sanction, or may impose a prison term on the offender	8582
and shall indicate the specific prison term that may be imposed as	8583
a sanction for the violation, as selected by the court from the	8584
range of prison terms for the offense pursuant to section 2929.14	8585
of the Revised Code.	8586

(6) Before imposing a financial sanction under section	8587
2929.18 of the Revised Code or a fine under section 2929.25	8588
2929.32 of the Revised Code, the court shall consider the	8589
offender's present and future ability to pay the amount of the	8590
sanction or fine.	8591

(C)(1) If the offender is being sentenced for a fourth	8592
degree felony OMVI offense under division (G)(1) of section	8593
2929.13 of the Revised Code, the court shall impose the mandatory	8594
term of local incarceration in accordance with that division,	8595
shall impose a mandatory fine in accordance with division (B)(3)	8596
of section 2929.18 of the Revised Code, and, in addition, may	8597
impose additional sanctions as specified in sections 2929.15,	8598
2929.16, 2929.17, and 2929.18 of the Revised Code. The court	8599
shall not impose a prison term on the offender.	8600

(2) If the offender is being sentenced for a third or fourth	8601
degree felony OMVI offense under division (G)(2) of section	8602
2929.13 of the Revised Code, the court shall impose the mandatory	8603
prison term in accordance with that division, shall impose a	8604
mandatory fine in accordance with division (B)(3) of section	8605
2929.18 of the Revised Code, and, in addition, may impose an	8606
additional prison term as specified in section 2929.14 of the	8607
Revised Code. The court shall not impose any community control	8608
sanction on the offender.	8609

(D) If the sentencing court determines at the sentencing	8610
hearing that an offender is eligible for placement in a program of	8611
shock incarceration under section 5120.031 of the Revised Code or	8612
in an intensive program prison under section 5120.032 of the	8613
Revised Code, the court, pursuant to division (K) of section	8614
2929.14 of the Revised Code, may recommend placement of the	8615
offender in a program of shock incarceration or an intensive	8616
program prison, disapprove placement of the offender in a program	8617
or prison of that nature, or make no recommendation. The court	8618
shall make a finding that gives its reasons for its recommendation	8619
or disapproval.	8620

Sec. 2929.21.  (A) A court that sentences an offender for a	8621
misdemeanor or minor misdemeanor shall be guided by the overriding	8622
purposes of misdemeanor sentencing. The overriding purposes of	8623
misdemeanor sentencing are to protect the public from future crime	8624
by the offender and others and to punish the offender. To achieve	8625
those purposes, the sentencing court shall consider the impact of	8626
the offense upon the victim and the need for changing the	8627
offender's behavior, rehabilitating the offender, and making	8628
restitution to the victim of the offense, the public, or the	8629
victim and the public.	8630

(B) A sentence imposed for a misdemeanor or minor misdemeanor	8631
shall be reasonably calculated to achieve the two overriding	8632
purposes of misdemeanor sentencing set forth in division (A) of	8633
this section, commensurate with and not demeaning to the	8634
seriousness of the offender's conduct and its impact upon the	8635
victim, and consistent with sentences imposed for similar offenses	8636
committed by similar offenders.	8637

(C) A court that imposes a sentence upon an offender for a	8638
misdemeanor or minor misdemeanor shall not base the sentence upon	8639
the race, ethnic background, gender, or religion of the offender.	8640

Sec. 2929.22.  (A) Unless a mandatory jail term is required	8641
to be imposed by division (G) of section 1547.99, division (B) of	8642
section 4507.99, or division (A) of section 4511.99 of the Revised	8643
Code, a court that imposes a sentence under this chapter upon an	8644
offender for a misdemeanor or minor misdemeanor has discretion to	8645
determine the most effective way to achieve the purposes and	8646
principles of sentencing set forth in section 2929.21 of the	8647
Revised Code.	8648

Unless a specific sanction is required to be imposed or is	8649
precluded from being imposed by the section setting forth an	8650
offense or the penalty for an offense or by any provision of	8651
sections 2929.23 to 2929.28 of the Revised Code, a court that	8652
imposes a sentence upon an offender for a misdemeanor may impose	8653
on the offender any sanction or combination of sanctions under	8654
sections 2929.24 to 2929.28 of the Revised Code. The court shall	8655
consider the burden imposed by the sentence on local government	8656
resources.	8657

(B)(1) In determining the appropriate sentence for a	8658
misdemeanor, the court shall consider all of the following	8659
factors:	8660

(a) The nature and circumstances of the offense or offenses;

8661

(b) The criminal history and character of the offender;

8662

(c) Whether the offender is likely to commit future crimes.

8663

(2) In determining the appropriate sentence for a	8664
misdemeanor, the court may consider any other factors that are	8665
relevant to achieving the purposes and principles of sentencing	8666
set forth in section 2929.21 of the Revised Code.	8667

(C) Before imposing a jail term as a sentence for a	8668
misdemeanor, a court may impose a community control sanction or a	8669
combination of community control sanctions under sections 2929.25,	8670
2929.26, 2929.27, and 2929.28 of the Revised Code. A court shall	8671
impose the longest jail term authorized under section 2929.24 of	8672
the Revised Code only upon offenders who commit the worst forms of	8673
the offense or upon offenders whose conduct and response to prior	8674
sanctions for prior offenses demonstrate that the imposition of	8675
the longest jail term is necessary to deter the offender from	8676
committing a future crime.	8677

(D)(1) A sentencing court shall consider any relevant oral	8678
or written statement made by the victim, the defendant, the	8679
defense attorney, or the prosecuting authority regarding	8680
sentencing for a misdemeanor. This division does not create any	8681
rights to notice other than those rights authorized by Chapter	8682
2930. of the Revised Code.	8683

(2) At the time of sentencing for a misdemeanor or as soon	8684
as possible after sentencing, the court shall notify the victim of	8685
the offense of the victim's right to file an application for an	8686
award of reparations pursuant to sections 2743.51 to 2743.72 of	8687
the Revised Code.	8688

Sec. 2929.23.  (A) If an offender is being sentenced for a	8689
sexually oriented offense that is a misdemeanor committed on or	8690
after January 1, 1997, and if the judge imposing sentence for the	8691
sexually oriented offense determines pursuant to division (B) of	8692
section 2950.09 of the Revised Code that the offender is a sexual	8693
predator, the judge shall include in the offender's sentence a	8694
statement that the offender has been adjudicated a sexual	8695
predator, shall comply with the requirements of section 2950.03 of	8696
the Revised Code, and shall require the offender to submit to a	8697
DNA specimen collection procedure pursuant to section 2901.07 of	8698
the Revised Code.	8699

(B) Before imposing sentence on an offender who is being	8700
sentenced for a sexually oriented offense that is a misdemeanor	8701
committed on or after January 1, 1997, the judge shall conduct a	8702
hearing in accordance with division (B) of section 2950.09 of the	8703
Revised Code to determine whether the offender is a sexual	8704
predator. Before imposing sentence on an offender who is being	8705
sentenced for a sexually oriented offense, the court also shall	8706
comply with division (E) of section 2950.09 of the Revised Code.	8707

(C) If an offender is being sentenced for a sexually	8708
oriented offense that is a misdemeanor committed on or after	8709
January 1, 1997, the judge shall include in the sentence a summary	8710
of the offender's duty to register pursuant to section 2950.04 of	8711
the Revised Code, the offender's duty to provide notice of a	8712
change in residence address and register the new residence address	8713
pursuant to section 2950.05 of the Revised Code, the offender's	8714
duty to periodically verify the offender's current residence	8715
address pursuant to section 2950.06 of the Revised Code, and the	8716
duration of the duties. The judge shall inform the offender, at	8717
the time of sentencing, of those duties and of their duration and,	8718
if required under division (A)(2) of section 2950.03 of the	8719
Revised Code, shall perform the duties specified in that section.	8720

Sec. 2929.24.  (A) Except as provided in section 2929.23 of	8721
the Revised Code and unless another term is required or authorized	8722
pursuant to law, if the sentencing court imposing a sentence upon	8723
an offender for a misdemeanor elects or is required to impose a	8724
jail term on the offender pursuant to this chapter, the court	8725
shall impose a definite jail term that shall be one of the	8726
following:	8727

(1) For a misdemeanor of the first degree, not more than one	8728
hundred eighty days;	8729

(2) For a misdemeanor of the second degree, not more than	8730
ninety days;	8731

(3) For a misdemeanor of the third degree, not more than	8732
sixty days;	8733

(4) For a misdemeanor of the fourth degree, not more than	8734
thirty days.	8735

(B) A court that sentences an offender to a jail term under	8736
this section may permit the offender to serve the sentence in	8737
intermittent confinement or may authorize a limited release of the	8738
offender as provided in division (B) of section 2929.26 of the	8739
Revised Code.	8740

(C) If a court sentences an offender to a jail term under	8741
this section and the court assigns the offender to a county jail	8742
that has established a county jail industry program pursuant to	8743
section 5147.30 of the Revised Code, the court shall specify, as	8744
part of the sentence, whether the offender may be considered for	8745
participation in the program. During the offender's term in the	8746
county jail, the court retains jurisdiction to modify its	8747
specification regarding the offender's participation in the county	8748
jail industry program.	8749

Sec. 2929.25.  (A)(1) In sentencing an offender for a	8750
misdemeanor, other than a minor misdemeanor, the sentencing court	8751
may do either of the following:	8752

(a) Directly impose a sentence that consists of one or more	8753
community control sanctions authorized by section 2929.26,	8754
2929.27, or 2929.28 of the Revised Code. The court may impose any	8755
other conditions of release under a community control sanction	8756
that the court considers appropriate, including, but not limited	8757
to, requiring that the offender not ingest or be injected with a	8758
drug of abuse and submit to random drug testing as provided in	8759
section 2951.05 of the Revised Code to determine whether the	8760
offender ingested or was injected with a drug of abuse and	8761
requiring that the results of the drug test indicate that the	8762
offender did not ingest or was not injected with a drug of abuse.	8763
If the court imposes a jail term upon the offender, the court may	8764
impose any community control sanction or combination of community	8765
control sanctions in addition to the jail term.	8766

(b) Impose a jail term from the range of jail terms	8767
authorized for the offense under section 2929.24 of the Revised	8768
Code, suspend all or a portion of the jail term imposed, and place	8769
the offender under a community control sanction or combination of	8770
community control sanctions authorized under section 2929.26,	8771
2929.27, or 2929.28 of the Revised Code.	8772

(2) The duration of all community control sanctions imposed	8773
upon an offender and in effect for an offender at any time shall	8774
not exceed five years.	8775

(3) At sentencing, if a court directly imposes a community	8776
control sanction or combination of community control sanctions	8777
pursuant to division (A)(1)(a) of this section, the court shall	8778
state the duration of the community control sanctions imposed and	8779
shall notify the offender that if any of the conditions of the	8780
community control sanctions are violated the court may do any of	8781
the following:	8782

(a) Impose a longer time under the same community control	8783
sanction if the total time under all of the offender's community	8784
control sanctions does not exceed the five-year limit specified in	8785
division (A)(2) of this section;	8786

(b) Impose a more restrictive community control sanction	8787
under section 2929.26, 2929.27, or 2929.28 of the Revised Code,	8788
but the court is not required to impose any particular sanction or	8789
sanctions;	8790

(c) Impose a definite jail term from the range of jail terms	8791
authorized for the offense under section 2929.24 of the Revised	8792
Code.	8793

(B)(1) If a court sentences an offender to any community	8794
control sanction or combination of community control sanctions	8795
authorized under section 2929.26, 2929.27, or 2929.28 of the	8796
Revised Code, the court shall place the offender under the general	8797
control and supervision of the court or of a department of	8798
probation in the jurisdiction that serves the court for purposes	8799
of reporting to the court a violation of any of the conditions of	8800
the sanctions imposed. If the offender resides in another	8801
jurisdiction and a department of probation has been established to	8802
serve the municipal court or county court in that jurisdiction,	8803
the sentencing court may request the municipal court or the county	8804
court to receive the offender into the general control and	8805
supervision of that department of probation for purposes of	8806
reporting to the sentencing court a violation of any of the	8807
conditions of the sanctions imposed. The sentencing court retains	8808
jurisdiction over any offender whom it sentences for the duration	8809
of the sanction or sanctions imposed.	8810

(2) The sentencing court shall require as a condition of any	8811
community control sanction that the offender abide by the law and	8812
not leave the state without the permission of the court or the	8813
offender's probation officer. In the interests of doing justice,	8814
rehabilitating the offender, and ensuring the offender's good	8815
behavior, the court may impose additional requirements on the	8816
offender. The offender's compliance with the additional	8817
requirements also shall be a condition of the community control	8818
sanction imposed upon the offender.	8819

(C)(1) If the court imposing sentence upon an offender	8820
sentences the offender to any community control sanction or	8821
combination of community control sanctions authorized under	8822
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if	8823
the offender violates any of the conditions of the sanctions, the	8824
public or private person or entity that supervises or administers	8825
the program or activity that comprises the sanction shall report	8826
the violation directly to the sentencing court or to the	8827
department of probation or probation officer with general control	8828
and supervision over the offender. If the public or private	8829
person or entity reports the violation to the department of	8830
probation or probation officer, the department or officer shall	8831
report the violation to the sentencing court.	8832

(2) If an offender violates any condition of a community	8833
control sanction, the sentencing court may impose upon the	8834
violator a longer time under the same community control sanction	8835
if the total time under all of the community control sanctions	8836
imposed on the violator does not exceed the five-year limit	8837
specified in division (A)(2) of this section or may impose on the	8838
violator a more restrictive community control sanction or	8839
combination of community control sanctions, including a jail term.	8840
If the court imposes a jail term upon a violator pursuant to this	8841
division, the total time spent in jail for the misdemeanor offense	8842
and the violation of a condition of the community control sanction	8843
shall not exceed the maximum jail term available for the offense	8844
for which the sanction that was violated was imposed. The court	8845
may reduce the longer period of time that the violator is required	8846
to spend under the longer sanction or the more restrictive	8847
sanction by all or part of the time the violator successfully	8848
spent under the sanction that was initially imposed.	8849

(D) Except as otherwise provided in this division, if an	8850
offender, for a significant period of time, fulfills the	8851
conditions of a community control sanction imposed pursuant to	8852
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an	8853
exemplary manner, the court may reduce the period of time under	8854
the community control sanction or impose a less restrictive	8855
community control sanction. Fulfilling the conditions of a	8856
community control sanction does not relieve the offender of a duty	8857
to make restitution under section 2929.28 of the Revised Code.	8858

Sec. 2929.26.  (A) Except as otherwise provided in sections	8859
2929.21 to 2929.28 of the Revised Code, the court imposing a	8860
sentence for a misdemeanor, other than a minor misdemeanor, may	8861
impose any community residential sanction or combination of	8862
community residential sanctions under this section. Community	8863
residential sanctions include, but are not limited to, the	8864
following:	8865

(1) A term of up to one hundred eighty days in a halfway	8866
house or a term in a halfway house not to exceed the longest jail	8867
term available for the offense, whichever is shorter;	8868

(2) A term of up to one hundred eighty days in an	8869
alternative residential facility or a term in an alternative	8870
residential facility not to exceed the longest jail term available	8871
for the offense, whichever is shorter. The court may specify the	8872
level of security in the alternative residential facility that is	8873
needed for the offender.	8874

(B) The court that sentences an offender to a community	8875
residential sanction under this section may do either or both of	8876
the following:	8877

(1) Permit the offender to serve the offender's sentence in	8878
intermittent confinement, overnight, on weekends or at any other	8879
time or times that will allow the offender to continue at the	8880
offender's occupation or care for the offender's family;	8881

(2) Authorize the offender to be released so that the	8882
offender may seek or maintain employment, receive education or	8883
training, receive treatment, perform community service, or	8884
otherwise fulfill an obligation imposed by law or by the court. A	8885
release pursuant to this division shall be only for the duration	8886
of time that is needed to fulfill the purpose of the release and	8887
for travel that reasonably is necessary to fulfill the purposes of	8888
the release.	8889

(C) The court may order that a reasonable portion of the	8890
income earned by the offender upon a release pursuant to division	8891
(B) of this section be applied to any financial sanction imposed	8892
under section 2929.28 of the Revised Code.	8893

(D) No court shall sentence any person to a prison term for	8894
a misdemeanor or minor misdemeanor.	8895

(E) If a court sentences a person who has been convicted of	8896
or pleaded guilty to a misdemeanor to a community residential	8897
sanction as described in division (A) of this section, at the time	8898
of reception and at other times the person in charge of the	8899
operation of the halfway house, alternative residential facility,	8900
or other place at which the offender will serve the residential	8901
sanction determines to be appropriate, the person in charge of the	8902
operation of the halfway house, alternative residential facility,	8903
or other place may cause the convicted offender to be examined and	8904
tested for tuberculosis, HIV infection, hepatitis, including, but	8905
not limited to, hepatitis A, B, and C, and other contagious	8906
diseases. The person in charge of the operation of the halfway	8907
house, alternative residential facility, or other place at which	8908
the offender will serve the residential sanction may cause a	8909
convicted offender in the halfway house, alternative residential	8910
facility, or other place who refuses to be tested or treated for	8911
tuberculosis, HIV infection, hepatitis, including, but not limited	8912
to, hepatitis A, B, and C, or another contagious disease to be	8913
tested and treated involuntarily.	8914

Sec. 2929.27.  (A) Except when a mandatory jail term is	8915
required by law, the court imposing a sentence for a misdemeanor,	8916
other than a minor misdemeanor, may impose any nonresidential	8917
sanction or combination of nonresidential sanctions authorized	8918
under this division. Nonresidential sanctions include, but are	8919
not limited to, the following:	8920

(1) A term of day reporting;

8921

(2) A term of house arrest with electronic monitoring, a	8922
term of electronic monitoring without house arrest, or a term of	8923
house arrest without electronic monitoring;	8924

(3) A term of community service of up to five hundred hours	8925
for a misdemeanor of the first degree or two hundred hours for a	8926
misdemeanor of the second, third, or fourth degree;	8927

(4) A term in a drug treatment program with a level of	8928
security for the offender as determined necessary by the court;	8929

(5) A term of intensive probation supervision;

8930

(6) A term of basic probation supervision;

8931

(7) A term of monitored time;

8932

(8) A term of drug and alcohol use monitoring, including	8933
random drug testing pursuant to section 2951.05 of the Revised	8934
Code;	8935

(9) A curfew term;

8936

(10) A requirement that the offender obtain employment;

8937

(11) A requirement that the offender obtain education or	8938
training;	8939

(12) Provided the court obtains the prior approval of the	8940
victim, a requirement that the offender participate in	8941
victim-offender mediation;	8942

(13) If authorized by law, suspension of the offender's	8943
privilege to operate a motor vehicle, immobilization or forfeiture	8944
of the offender's motor vehicle, a requirement that the offender	8945
obtain a valid motor vehicle operator's license, or any other	8946
related sanction;	8947

(14) A requirement that the offender obtain counseling if the	8948
offense is a violation of section 2919.25 or a violation of	8949
section 2903.13 of the Revised Code involving a person who was a	8950
family or household member at the time of the violation, if the	8951
offender committed the offense in the vicinity of one or more	8952
children who are not victims of the offense, and if the offender	8953
or the victim of the offense is a parent, guardian, custodian, or	8954
person in loco parentis of one or more of those children. This	8955
division does not limit the court in requiring that the offender	8956
obtain counseling for any offense or in any circumstance not	8957
specified in this division.	8958

(B) In addition to the sanctions authorized under division	8959
(A) of this section, the court imposing a sentence for a	8960
misdemeanor, other than a minor misdemeanor, upon an offender who	8961
is not required to serve a mandatory jail term may impose any	8962
other sanction that is intended to discourage the offender or	8963
other persons from committing a similar offense if the sanction is	8964
reasonably related to the overriding purposes and principles of	8965
misdemeanor sentencing.	8966

(C) The court imposing a sentence for a minor misdemeanor	8967
may impose a term of community service in lieu of all or part of a	8968
fine. The term of community service imposed for a minor	8969
misdemeanor shall not exceed thirty hours.	8970

Sec. 2929.28.  (A) The court imposing a sentence upon an	8971
offender for a misdemeanor, including a minor misdemeanor, may	8972
sentence the offender to any financial sanction or combination of	8973
financial sanctions authorized under this section. Financial	8974
sanctions that may be imposed pursuant to this section include,	8975
but are not limited to, the following:	8976

(1) Restitution by the offender to the victim of the	8977
offender's crime or any survivor of the victim, in an amount based	8978
on the victim's economic loss. The court shall order that the	8979
restitution be made to the victim in open court or to the adult	8980
probation department that serves the jurisdiction or the clerk of	8981
the court on behalf of the victim. The order may include a	8982
requirement that reimbursement be made to third parties, other	8983
than the offender's insurer, for amounts paid to the victim or any	8984
survivor of the victim for economic loss resulting from the	8985
offense. If reimbursement to third parties is required, the	8986
offender shall make the reimbursement to any governmental agency	8987
to repay any amounts paid by the agency to the victim or survivor	8988
before the offender makes any reimbursement to any other person.	8989

The court shall determine, or order to be determined, the	8990
amount of restitution to be paid by the offender. The court may	8991
base the amount of restitution it orders on an amount recommended	8992
by the victim, the offender, a presentence investigation report,	8993
estimates or receipts indicating the cost of repairing or	8994
replacing property, and other information. The court shall hold a	8995
hearing on restitution if the offender, victim, or survivor	8996
dispute the amount of restitution.	8997

All restitution payments shall be credited against any	8998
recovery of economic loss in a civil action brought by the victim	8999
or any survivor of the victim against the offender.	9000

The court may order that the offender pay a surcharge, of not	9001
more than five per cent of the amount of the restitution otherwise	9002
ordered, to the entity responsible for collecting and processing	9003
restitution payments.	9004

The victim or survivor may request that the prosecuting	9005
attorney file a motion, or the offender may file a motion, for	9006
modification of the payment terms of any restitution ordered based	9007
on a substantial change in the offender's ability to pay.	9008

(2) A fine of the type described in divisions (A)(2)(a) to	9009
(c) of this section payable to the appropriate entity as required	9010
by law:	9011

(a) A day fine that is based on a standard percentage of the	9012
offender's daily income over a period of time determined by the	9013
court and based upon the seriousness of the offense. A day fine	9014
ordered shall not exceed the maximum conventional fine authorized	9015
for the level of the offense under division (A)(2)(b) of this	9016
section. If the court imposes a day fine on the offender for the	9017
offense, the court shall not impose a conventional fine on the	9018
offender under division (A)(2)(b) of this section.	9019

(b) A conventional fine, the imposition of which precludes	9020
the imposition of a day fine on the offender under division	9021
(A)(2)(a) of this section, in the following amount:	9022

(i) For a misdemeanor of the first degree, not more than one	9023
thousand dollars;	9024

(ii) For a misdemeanor of the second degree, not more than	9025
seven hundred fifty dollars;	9026

(iii) For a misdemeanor of the third degree, not more than	9027
five hundred dollars;	9028

(iv) For a misdemeanor of the fourth degree, not more than	9029
two hundred fifty dollars;	9030

(v) For a minor misdemeanor, not more than one hundred fifty	9031
dollars.	9032

(c) A state fine or cost as defined in section 2949.111 of	9033
the Revised Code.	9034

(3)(a) Reimbursement by the offender of any or all of the	9035
costs of sanctions incurred by the government, including, but not	9036
limited to, the following:	9037

(i) All or part of the costs of implementing any community	9038
control sanction, including a supervision fee under section	9039
2951.021 of the Revised Code;	9040

(ii) All or part of the costs of confinement in a jail or	9041
other residential facility, including, but not limited to, a per	9042
diem fee for room and board, the costs of medical and dental	9043
treatment, and the costs of repairing property damaged by the	9044
offender while confined.	9045

(b) The amount of reimbursement ordered under division	9046
(A)(3)(a) of this section shall not exceed the total amount of	9047
reimbursement the offender is able to pay and shall not exceed the	9048
actual cost of the sanctions. The court may collect any amount of	9049
reimbursement the offender is required to pay under that division.	9050
If the court does not order reimbursement under that division,	9051
confinement costs may be assessed pursuant to a repayment policy	9052
adopted under section 2929.29 of the Revised Code.	9053

(4) Court costs.

9054

(B) If the court determines a hearing is necessary, the	9055
court may hold a hearing to determine whether the offender is able	9056
to pay the sanction imposed pursuant to this section or is likely	9057
in the future to be able to pay it.	9058

If the court determines that the offender is indigent and	9059
unable to pay the sanction, the court shall consider imposing and	9060
may impose a term of community service under division (A) of	9061
section 2929.27 of the Revised Code in lieu of imposing a	9062
financial sanction. If the court does not determine that the	9063
offender is indigent, the court may impose a term of community	9064
service under division (A) of section 2929.27 of the Revised Code	9065
in lieu of or in addition to imposing a financial sanction under	9066
this section. The court may order community service for a minor	9067
misdemeanor pursuant to division (C) of section 2929.27 of the	9068
Revised Code in lieu of or in addition to imposing a financial	9069
sanction under this section. If a person fails to pay a financial	9070
sanction, the court may order community service in lieu of the	9071
financial sanction.	9072

(C)(1) The offender shall pay reimbursements imposed upon	9073
the offender pursuant to division (A)(3) of this section to pay	9074
the costs incurred by a county pursuant to any sanction imposed	9075
under this section or section 2929.26 or 2929.27 of the Revised	9076
Code or in operating a facility used to confine offenders pursuant	9077
to a sanction imposed under section 2929.26 of the Revised Code to	9078
the county treasurer. The county treasurer shall deposit the	9079
reimbursements in the sanction cost reimbursement fund that each	9080
board of county commissioners shall create in its county treasury.	9081
The county shall use the amounts deposited in the fund to pay the	9082
costs incurred by the county pursuant to any sanction imposed	9083
under this section or section 2929.26 or 2929.27 of the Revised	9084
Code or in operating a facility used to confine offenders pursuant	9085
to a sanction imposed under section 2929.26 of the Revised Code.	9086

(2) The offender shall pay reimbursements imposed upon the	9087
offender pursuant to division (A)(3) of this section to pay the	9088
costs incurred by a municipal corporation pursuant to any sanction	9089
imposed under this section or section 2929.26 or 2929.27 of the	9090
Revised Code or in operating a facility used to confine offenders	9091
pursuant to a sanction imposed under section 2929.26 of the	9092
Revised Code to the treasurer of the municipal corporation. The	9093
treasurer shall deposit the reimbursements in a special fund that	9094
shall be established in the treasury of each municipal	9095
corporation. The municipal corporation shall use the amounts	9096
deposited in the fund to pay the costs incurred by the municipal	9097
corporation pursuant to any sanction imposed under this section or	9098
section 2929.26 or 2929.27 of the Revised Code or in operating a	9099
facility used to confine offenders pursuant to a sanction imposed	9100
under section 2929.26 of the Revised Code.	9101

(3) The offender shall pay reimbursements imposed pursuant	9102
to division (A)(3) of this section for the costs incurred by a	9103
private provider pursuant to a sanction imposed under this section	9104
or section 2929.26 or 2929.27 of the Revised Code to the provider.	9105

(D) Except as otherwise provided in this division, a	9106
financial sanction imposed under division (A) of this section is a	9107
judgment in favor of the state or the political subdivision that	9108
operates the court that imposed the financial sanction. A	9109
financial sanction of reimbursement imposed pursuant to division	9110
(A)(3)(a)(i) of this section upon an offender is a judgment in	9111
favor of the entity administering the community control sanction.	9112
A financial sanction of reimbursement imposed pursuant to division	9113
(A)(3)(a)(ii) of this section upon an offender confined in a jail	9114
or other residential facility is a judgment in favor of the entity	9115
operating the jail or other residential facility. A financial	9116
sanction of restitution imposed pursuant to division (A)(1) of	9117
this section is a judgment in favor of the victim of the	9118
offender's criminal act. The offender subject to the financial	9119
sanction is the judgment debtor.	9120

Once the financial sanction is imposed as a judgment, the	9121
victim, private provider, state, or political subdivision may	9122
bring an action to do any of the following:	9123

(1) Obtain execution of the judgment through any available	9124
procedure, including:	9125

(a) An execution against the property of the judgment debtor	9126
under Chapter 2329. of the Revised Code;	9127

(b) An execution against the person of the judgment debtor	9128
under Chapter 2331. of the Revised Code;	9129

(c) A proceeding in aid of execution under Chapter 2333. of	9130
the Revised Code, including any of the following:	9131

(i) A proceeding for the examination of the judgment debtor	9132
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	9133
of the Revised Code;	9134

(ii) A proceeding for attachment of the person of the	9135
judgment debtor under section 2333.28 of the Revised Code;	9136

(iii) A creditor's suit under section 2333.01 of the Revised	9137
Code.	9138

(d) The attachment of the property of the judgment debtor	9139
under Chapter 2715. of the Revised Code;	9140

(e) The garnishment of the property of the judgment debtor	9141
under Chapter 2716. of the Revised Code.	9142

(2) Obtain an order for the assignment of wages of the	9143
judgment debtor under section 1321.33 of the Revised Code.	9144

(E) The civil remedies authorized under division (D) of this	9145
section for the collection of the financial sanction supplement,	9146
but do not preclude, enforcement of the criminal sentence.	9147

(F) Each court imposing a financial sanction upon an	9148
offender under this section may designate the clerk of the court	9149
or another person to collect the financial sanction. The clerk,	9150
or another person authorized by law or the court to collect the	9151
financial sanction may do the following:	9152

(1) Enter into contracts with one or more public agencies or	9153
private vendors for the collection of amounts due under the	9154
sanction. Before entering into a contract for the collection of	9155
amounts due from an offender pursuant to any financial sanction	9156
imposed pursuant to this section, a court shall comply with	9157
sections 307.86 to 307.92 of the Revised Code.	9158

(2) Permit payment of all or any portion of the sanction in	9159
installments, by credit or debit card, by another electronic	9160
transfer, or by any other reasonable method, in any time, and on	9161
any terms that court considers just, except that the maximum time	9162
permitted for payment shall not exceed five years. The clerk may	9163
pay any fee associated with processing an electronic transfer out	9164
of public money or may charge the fee to the offender.	9165

(3) To defray administrative costs, charge a reasonable fee	9166
to an offender who elects a payment plan rather than a lump sum	9167
payment of any financial sanction.	9168

(G) No financial sanction imposed under this section shall	9169
preclude a victim from bringing a civil action against the	9170
offender.	9171

(H)(1) Reimbursement imposed under this section to pay costs	9172
incurred by a county, other than the costs of confinement imposed	9173
under division (A)(3)(a)(ii) of this section and any supervision	9174
fee imposed under division (A)(3)(a)(i) of this section shall be	9175
paid to the county treasury and deposited in the sanction cost	9176
reimbursement fund that shall be created for that purpose. The	9177
fund shall be used to pay the costs incurred by the county in	9178
administering the sanctions.	9179

(2) Reimbursement imposed under this section to pay costs	9180
incurred by a municipal corporation, other than the costs of	9181
confinement imposed under division (A)(3)(a)(ii) of this section	9182
and any supervision fee imposed under division (A)(3)(a)(i) of	9183
this section, shall be paid to the municipal treasury and	9184
deposited in the sanction cost reimbursement fund that shall be	9185
created for that purpose. The fund shall be used to pay the costs	9186
incurred by the municipal corporation in administering the	9187
sanctions.	9188

(3) Reimbursement imposed under division (A)(3)(a)(ii) of	9189
this section shall be paid to the general revenue fund of the	9190
political subdivision that incurred the expenses of the offender's	9191
confinement. Reimbursement for a supervision fee under division	9192
(A)(3)(a)(i) of this section shall be paid in accordance with	9193
section 2951.021 of the Revised Code.	9194

Sec. 2929.29.  (A) A board of county commissioners, in an	9195
agreement with the sheriff, a legislative authority of a municipal	9196
corporation, a corrections commission, a judicial corrections	9197
board, or any other public or private entity that operates a	9198
residential facility at which a community residential sanction	9199
imposed pursuant to section 2929.16 of the Revised Code or a	9200
residential sanction imposed pursuant to section 2929.26 of the	9201
Revised Code is served, may adopt, pursuant to section 307.93,	9202
341.14, 341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56,	9203
or 2947.19 of the Revised Code, a policy that requires a person	9204
confined in the residential facility to pay all or part of the	9205
costs of confinement in that residential facility.	9206

The costs of confinement may include, but are not limited to,	9207
the costs of repairing property damaged by the person while	9208
confined and, if the person has been convicted of or pleaded	9209
guilty to the offense for which the person is confined, a per diem	9210
fee for room and board, medical and dental treatment costs, and	9211
the fee for a random drug test assessed under division (E) of	9212
section 341.26 and division (E) of section 753.33 of the Revised	9213
Code minus any fees deducted under division (D) of this section.	9214
Any policy adopted under this section shall be used when a court	9215
does not order reimbursement of confinement costs under section	9216
2929.28 of the Revised Code. The amount assessed under this	9217
section shall not exceed the total amount that the person is able	9218
to pay.	9219

(B) Each person covered by a repayment policy adopted under	9220
division (A) of this section shall receive a billing statement	9221
within thirty days after release from confinement. The policy	9222
shall allow periodic payments on a schedule to be implemented upon	9223
a person's release. The policy may authorize an entity described	9224
in division (A) of this section that operates the sanction to	9225
enter into a contract with one or more public agencies or private	9226
vendors to collect unpaid amounts.	9227

Within twelve months after the person's release or, if the	9228
person is on a periodic payment plan, within twelve months after	9229
the person's failure to make payments under the plan, the	9230
prosecuting attorney or a person designated in the repayment	9231
policy may file a civil action to seek repayment from that person	9232
for any amount billed under this section that remains unpaid. No	9233
judgment shall be executed against the person's homestead.	9234

(C) Except as provided in division (D) of this section, any	9235
repayment received under this section shall be credited to the	9236
general fund of the treasury of the political subdivision that	9237
incurred the expenses.	9238

(D) A board of commissioners of a county, in an agreement	9239
with the sheriff, a legislative authority of a municipal	9240
corporation, a corrections commission, a judicial corrections	9241
board, or any other public or private entity that operates a	9242
residential facility described in division (A) of this section,	9243
may establish a policy that requires any person who is confined in	9244
the residential facility as a result of pleading guilty to or	9245
having been convicted of an offense to pay a reasonable fee for	9246
any medical or dental treatment or service requested by, and	9247
provided to, that person, and to pay the fee for a random drug	9248
test assessed under division (E) of section 341.26, and division	9249
(E) of section 753.33 of the Revised Code. The fee for the	9250
medical treatment or service shall not exceed the actual cost of	9251
the treatment or service provided. No person who is confined to	9252
the jail or residential facility shall be denied any necessary	9253
medical care because of inability to pay the fees.	9254

Upon provision of the requested medical treatment or service,	9255
payment of the required fee or assessment of a fee for a random	9256
drug test may be automatically deducted from the person's inmate	9257
account in the business office of the facility in which the person	9258
is confined. If there is no money in the account, a deduction may	9259
be made at a later date during the person's confinement if the	9260
money becomes available in the account. If, after release, the	9261
person has an unpaid balance of those fees, the sheriff,	9262
legislative authority of the municipal corporation, corrections	9263
commission, judicial corrections board, or other public or private	9264
entity that operates the residential facility described in	9265
division (A) of this section may bill the person for the payment	9266
of the unpaid fees. Fees received for medical or dental treatment	9267
or services shall be paid to the commissary fund, if one exists	9268
for the facility, or if no commissary fund exists, to the general	9269
fund of the treasury of the political subdivision that incurred	9270
the expenses, in the same proportion as those expenses were borne	9271
by the political subdivision.	9272

Any fee paid by a person under division (D) of this section	9273
shall be deducted from any medical or dental costs that the person	9274
is ordered to reimburse under section 2929.28 of the Revised Code	9275
or to repay under a policy adopted under division (A) of this	9276
section.	9277

(E) As used in this section:

9278

(1) "Homestead" has the same meaning as in section 323.151 of	9279
the Revised Code.	9280

(2) "Inmate account" has the same meaning as in section	9281
2969.21 of the Revised Code.	9282

Sec. 2929.31.  (A) Regardless of the penalties provided in	9283
sections 2929.02, 2929.14 to 2929.18, and 2929.212929.24to	9284
2929.28 of the Revised Code, an organization convicted of an	9285
offense pursuant to section 2901.23 of the Revised Code shall be	9286
fined in accordance with this section. The court shall fix the	9287
fine as follows:	9288

(1) For aggravated murder, not more than one hundred	9289
thousand dollars;	9290

(2) For murder, not more than fifty thousand dollars;

9291

(3) For a felony of the first degree, not more than	9292
twenty-five thousand dollars;	9293

(4) For a felony of the second degree, not more than twenty	9294
thousand dollars;	9295

(5) For a felony of the third degree, not more than fifteen	9296
thousand dollars;	9297

(6) For a felony of the fourth degree, not more than ten	9298
thousand dollars;	9299

(7) For a felony of the fifth degree, not more than	9300
seventy-five hundred dollars;	9301

(8) For a misdemeanor of the first degree, not more than	9302
five thousand dollars;	9303

(9) For a misdemeanor of the second degree, not more than	9304
four thousand dollars;	9305

(10) For a misdemeanor of the third degree, not more than	9306
three thousand dollars;	9307

(11) For a misdemeanor of the fourth degree, not more than	9308
two thousand dollars;	9309

(12) For a minor misdemeanor, not more than one thousand	9310
dollars;	9311

(13) For a felony not specifically classified, not more than	9312
ten thousand dollars;	9313

(14) For a misdemeanor not specifically classified, not more	9314
than two thousand dollars;	9315

(15) For a minor misdemeanor not specifically classified,	9316
not more than one thousand dollars.	9317

(B) When an organization is convicted of an offense that is	9318
not specifically classified, and the section defining the offense	9319
or penalty plainly indicates a purpose to impose the penalty	9320
provided for violation upon organizations, then the penalty so	9321
provided shall be imposed in lieu of the penalty provided in this	9322
section.	9323

(C) When an organization is convicted of an offense that is	9324
not specifically classified, and the penalty provided includes a	9325
higher fine than the fine that is provided in this section, then	9326
the penalty imposed shall be pursuant to the penalty provided for	9327
the violation of the section defining the offense.	9328

(D) This section does not prevent the imposition of	9329
available civil sanctions against an organization convicted of an	9330
offense pursuant to section 2901.23 of the Revised Code, either in	9331
addition to or in lieu of a fine imposed pursuant to this section.	9332

Sec. 2929.25.        Sec. 2929.32.  (A)(1) Subject to division (A)(2) of	9333
this section, notwithstanding the fines prescribed in section	9334
2929.02 of the Revised Code for a person who is convicted of or	9335
pleads guilty to aggravated murder or murder, the fines prescribed	9336
in section 2929.18 of the Revised Code for a person who is	9337
convicted of or pleads guilty to a felony, the fines prescribed in	9338
section 2929.212929.28 of the Revised Code for a person who is	9339
convicted of or pleads guilty to a misdemeanor, the fines	9340
prescribed in section 2929.31 of the Revised Code for an	9341
organization that is convicted of or pleads guilty to an offense,	9342
and the fines prescribed in any other section of the Revised Code	9343
for a person who is convicted of or pleads guilty to an offense, a	9344
sentencing court may impose upon the offender a fine of not more	9345
than one million dollars if any of the following applies to the	9346
offense and the offender:	9347

(a) There are three or more victims, as defined in section	9348
2969.11 of the Revised Code, of the offense for which the offender	9349
is being sentenced.	9350

(b) The offender previously has been convicted of or pleaded	9351
guilty to one or more offenses, and, for the offense for which the	9352
offender is being sentenced and all of the other offenses, there	9353
is a total of three or more victims, as defined in section 2969.11	9354
of the Revised Code.	9355

(c) The offense for which the offender is being sentenced is	9356
aggravated murder, murder, or a felony of the first degree that,	9357
if it had been committed prior to July 1, 1996, would have been an	9358
aggravated felony of the first degree.	9359

(2) If the offense in question is a first, second, or third	9360
degree felony violation of any provision of Chapter 2925., 3719.,	9361
or 4729. of the Revised Code, the court shall impose upon the	9362
offender the mandatory fine described in division (B) of section	9363
2929.18 of the Revised Code, and, in addition, may impose a fine	9364
under division (A)(1) of this section, provided that the total of	9365
the mandatory fine and the fine imposed under division (A)(1) of	9366
this section shall not exceed one million dollars. The mandatory	9367
fine shall be paid as described in division (D) of section 2929.18	9368
of the Revised Code, and the fine imposed under division (A)(1) of	9369
this section shall be deposited pursuant to division (B) of this	9370
section.	9371

(B) If a sentencing court imposes a fine upon an offender	9372
pursuant to division (A)(1) of this section, all moneys paid in	9373
satisfaction of the fine or collected pursuant to division (C)(1)	9374
of this section in satisfaction of the fine shall be deposited	9375
into the crime victims recovery fund created by division (D) of	9376
this section and shall be distributed as described in that	9377
division.	9378

(C)(1) Subject to division (C)(2) of this section,	9379
notwithstanding any contrary provision of any section of the	9380
Revised Code, if a sentencing court imposes a fine upon an	9381
offender pursuant to division (A)(1) of this section or pursuant	9382
to another section of the Revised Code, the fine shall be a	9383
judgment against the offender in favor of the state, and both of	9384
the following apply to that judgment:	9385

(a) The state may collect the judgment by garnishing,	9386
attaching, or otherwise executing against any income, profits, or	9387
other real or personal property in which the offender has any	9388
right, title, or interest, including property acquired after the	9389
imposition of the fine, in the same manner as if the judgment had	9390
been rendered against the offender and in favor of the state in a	9391
civil action. If the fine is imposed pursuant to division (A)(1)	9392
of this section, the moneys collected as a result of the	9393
garnishment, attachment, or other execution shall be deposited and	9394
distributed as described in divisions (B) and (D) of this section.	9395
If the fine is not imposed pursuant to division (A)(1) of this	9396
section, the moneys collected as a result of the garnishment,	9397
attachment, or other execution shall be distributed as otherwise	9398
provided by law for the distribution of money paid in satisfaction	9399
of a fine.	9400

(b) The provisions of Chapter 2329. of the Revised Code	9401
relative to the establishment of court judgments and decrees as	9402
liens and to the enforcement of those liens apply to the judgment.	9403

(2) Division (C)(1) of this section does not apply to any	9404
financial sanction imposed pursuant to section 2929.18 of the	9405
Revised Code upon a person who is convicted of or pleads guilty to	9406
a felony.	9407

(D) There is hereby created in the state treasury the crime	9408
victims recovery fund. If a sentencing court imposes a fine upon	9409
an offender pursuant to division (A)(1) of this section, all	9410
moneys paid in satisfaction of the fine and all moneys collected	9411
in satisfaction of the fine pursuant to division (C)(1) of this	9412
section shall be deposited into the fund. The fund shall be	9413
administered and the moneys in it shall be distributed in	9414
accordance with sections 2969.11 to 2969.14 of the Revised Code.	9415

Sec. 2929.221.        Sec. 2929.36.  (A) A person who is convicted of or	9416
pleads guilty to aggravated murder, murder, or an offense	9417
punishable by life imprisonment and who is sentenced to a term of	9418
imprisonment pursuant to that conviction shall serve that term of	9419
imprisonment in an institution under the control of the department	9420
of rehabilitation and correction.	9421

(B)(1) A person who is convicted of or pleads guilty to a	9422
felony other than aggravated murder, murder, or an offense	9423
punishable by life imprisonment and who is sentenced to a term of	9424
imprisonment pursuant to that conviction shall serve that term of	9425
imprisonment as follows:	9426

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	9427
section, in an institution under the control of the department of	9428
rehabilitation and correction if the term of imprisonment is a	9429
prison term or shall serve it as otherwise determined by the	9430
sentencing court pursuant to section 2929.16 of the Revised Code	9431
if the term is not a prison term;	9432

(b) In a facility of a type described in division (G)(1) of	9433
section 2929.13 of the Revised Code, if the offender is sentenced	9434
pursuant to that division.	9435

(2) If the term of imprisonment is a prison term, the person	9436
may be imprisoned in a jail that is not a minimum security	9437
misdemeanant jail pursuant to agreement under section 5120.161 of	9438
the Revised Code between the department of rehabilitation and	9439
correction and the local authority that operates the jail.	9440

(C) A person who is convicted of or pleads guilty to one or	9441
more misdemeanors and who is sentenced to a jail term of	9442
imprisonment pursuant to the conviction or convictions shall serve	9443
that jail term of imprisonment in a county, multicounty,	9444
municipal, municipal-county, or multicounty-municipal jail or	9445
workhouse or, if the misdemeanor or misdemeanors are not offenses	9446
of violence, in a minimum security misdemeanant jail.	9447

(D) Nothing in this section prohibits the commitment,	9448
referral, or sentencing of a person who is convicted of or pleads	9449
guilty to a felony to a community-based correctional facility and	9450
program or district community-based correctional facility and	9451
program in accordance with sections 2301.51 to 2301.56 of the	9452
Revised Code.	9453

Sec. 2929.24.        Sec. 2929.42.  (A) The prosecutor in any case	9454
against any person licensed, certified, registered, or otherwise	9455
authorized to practice under Chapter 3719., 4715., 4723., 4729.,	9456
4730., 4731., 4734., or 4741. of the Revised Code shall notify the	9457
appropriate licensing board, on forms provided by the board, of	9458
any of the following regarding the person:	9459

(1) A plea of guilty to, or a conviction of, a felony, or a	9460
court order dismissing a felony charge on technical or procedural	9461
grounds;	9462

(2) A plea of guilty to, or a conviction of, a misdemeanor	9463
committed in the course of practice or in the course of business,	9464
or a court order dismissing such a misdemeanor charge on technical	9465
or procedural grounds;	9466

(3) A plea of guilty to, or a conviction of, a misdemeanor	9467
involving moral turpitude, or a court order dismissing such a	9468
charge on technical or procedural grounds.	9469

(B) The report required by division (A) of this section	9470
shall include the name and address of the person, the nature of	9471
the offense, and certified copies of court entries in the action.	9472

Sec. 2929.29.        Sec. 2929.43.  (A) As used in this section:

9473

(1) "Peace officer" has the same meaning as in section 109.71	9474
of the Revised Code.	9475

(2) "Felony" has the same meaning as in section 109.511 of	9476
the Revised Code.	9477

(B)(1) Prior to accepting a plea of guilty to an indictment,	9478
information, or complaint charging a felony, the court shall	9479
determine whether the defendant is a peace officer. If the court	9480
determines that the defendant is a peace officer, it shall address	9481
the defendant personally and provide the following advisement to	9482
the defendant that shall be entered in the record of the court.	9483

"You are hereby advised that conviction of the felony offense	9484
to which you are pleading guilty will result in the termination of	9485
your employment as a peace officer and in your decertification as	9486
a peace officer pursuant to the laws of Ohio."	9487

Upon the request of the defendant, the court shall allow the	9488
defendant additional time to consider the appropriateness of the	9489
plea of guilty in light of the advisement described in division	9490
(B)(1) of this section.	9491

The court shall not accept a plea of guilty of a defendant	9492
who is a peace officer unless, in addition to any other procedures	9493
required under the Rules of Criminal Procedure, the court	9494
determines that the defendant voluntarily and intelligently enters	9495
that plea after being given the advisement described in division	9496
(B)(1) of this section.	9497

(2) After accepting under division (B)(1) of this section a	9498
plea of guilty to an indictment, information, or complaint	9499
charging a felony, the court shall provide to the clerk of the	9500
court of common pleas a written notice of the plea of guilty of	9501
the defendant peace officer, the name and address of the peace	9502
officer, the law enforcement agency or other governmental entity	9503
that employs the peace officer and its address, the date of the	9504
plea, the nature of the felony offense, and certified copies of	9505
court entries in the action. Upon receiving the written notice	9506
required by division (B)(2) of this section, the clerk of the	9507
court of common pleas shall transmit to the employer of the peace	9508
officer and to the Ohio peace officer training council a report	9509
that includes the information contained in the written notice and	9510
the certified copies of the court entries in the action.	9511

(C)(1) Upon the conviction of a defendant, after trial, of a	9512
felony, the trial judge shall determine whether the defendant is a	9513
peace officer. If the judge determines that the defendant is a	9514
peace officer or if the defendant states on the record that the	9515
defendant is a peace officer, the judge shall provide to the clerk	9516
of the court of common pleas a written notice of the conviction of	9517
the defendant peace officer, the name and address of the peace	9518
officer, the law enforcement agency or other governmental entity	9519
that employs the peace officer and its address, the date of the	9520
conviction, the nature of the felony offense, and certified copies	9521
of court entries in the action. Upon receiving the written notice	9522
required by division (C)(1) of this section, the clerk of the	9523
court of common pleas shall transmit to the employer of the peace	9524
officer and to the Ohio peace officer training council a report	9525
that includes the information contained in the written notice and	9526
the certified copies of the court entries in the action.	9527

(2) Upon the conclusion of the final appeal of a defendant	9528
who is a peace officer and who has been convicted of a felony,	9529
upon expiration of the time period within which that peace officer	9530
may appeal the conviction if no appeal is taken, or otherwise upon	9531
the final disposition of the criminal action against that peace	9532
officer, the trial judge shall provide to the clerk of the court	9533
of common pleas a written notice of the final disposition of the	9534
action that shall include, as appropriate, notice of the final	9535
conviction of the peace officer of the felony, the acquittal of	9536
the peace officer of the felony, the conviction of the peace	9537
officer of a misdemeanor, or the dismissal of the felony charge	9538
against the peace officer. The judge also shall provide to the	9539
clerk of the court of common pleas certified copies of the court	9540
entries in the action. Upon receiving the written notice required	9541
by division (C)(2) of this section, the clerk of the court of	9542
common pleas shall transmit to the employer of the peace officer	9543
and to the Ohio peace officer training council a report that	9544
includes the information contained in the written notice and the	9545
certified copies of the court entries in the action.	9546

(D) If pursuant to a negotiated plea agreement between a	9547
prosecuting attorney and a defendant who is a peace officer and	9548
who is charged with a felony, in which the defendant agrees to	9549
enter a plea of guilty to a misdemeanor and to surrender the	9550
certificate awarded to the defendant under section 109.77 of the	9551
Revised Code, the trial judge issues an order to the defendant to	9552
surrender that certificate, the trial judge shall provide to the	9553
clerk of the court a written notice of the order, the name and	9554
address of the peace officer, the law enforcement agency or other	9555
governmental entity that employs the peace officer and its	9556
address, the date of the plea, the nature of the misdemeanor to	9557
which the peace officer pleaded guilty, and certified copies of	9558
court entries in the action. Upon receiving the written notice	9559
required by this division, the clerk of the court shall transmit	9560
to the employer of the peace officer and to the executive director	9561
of the Ohio peace officer training council a report that includes	9562
the information contained in the written notice and the certified	9563
copies of the court entries in the action.	9564

Sec. 2929.28.        Sec. 2929.71.  (A) As used in this section:

9565

(1) "Agency" means any law enforcement agency, other public	9566
agency, or public official involved in the investigation or	9567
prosecution of the offender or in the investigation of the fire or	9568
explosion in an aggravated arson, arson, or criminal damaging or	9569
endangering case. An "agency" includes, but is not limited to, a	9570
sheriff's office, a municipal corporation, township, or township	9571
police district police department, the office of a prosecuting	9572
attorney, city director of law, village solicitor, or similar	9573
chief legal officer of a municipal corporation, the fire marshal's	9574
office, a municipal corporation, township, or township fire	9575
district fire department, the office of a fire prevention officer,	9576
and any state, county, or municipal corporation crime laboratory.	9577

(2) "Assets" includes all forms of real or personal property.

9578

(3) "Itemized statement" means the statement of costs	9579
described in division (B) of this section.	9580

(4) "Offender" means the person who has been convicted of or	9581
pleaded guilty to committing, attempting to commit, or complicity	9582
in committing a violation of section 2909.02 or 2909.03 of the	9583
Revised Code, or, when the means used are fire or explosion,	9584
division (A)(2) of section 2909.06 of the Revised Code.	9585

(5) "Costs" means the reasonable value of the time spent by	9586
an officer or employee of an agency on the aggravated arson,	9587
arson, or criminal damaging or endangering case, any moneys spent	9588
by the agency on that case, and the reasonable fair market value	9589
of resources used or expended by the agency on that case.	9590

(B) Prior to the sentencing of an offender, the court shall	9591
enter an order that directs agencies that wish to be reimbursed by	9592
the offender for the costs they incurred in the investigation or	9593
prosecution of the offender or in the investigation of the fire or	9594
explosion involved in the case, to file with the court within a	9595
specified time an itemized statement of those costs. The order	9596
also shall require that a copy of the itemized statement be given	9597
to the offender or hisoffender's attorney within the specified	9598
time. Only itemized statements so filed and given shall be	9599
considered at the hearing described in division (C) of this	9600
section.	9601

(C) The court shall set a date for a hearing on all the	9602
itemized statements filed with it and given to the offender or his	9603
the offender's attorney in accordance with division (B) of this	9604
section. The hearing shall be held prior to the sentencing of the	9605
offender, but may be held on the same day as histhe sentencing.	9606
Notice of the hearing date shall be given to the offender or his	9607
the offender's attorney and to the agencies whose itemized	9608
statements are involved. At the hearing, each agency has the	9609
burden of establishing by a preponderance of the evidence that the	9610
costs set forth in its itemized statement were incurred in the	9611
investigation or prosecution of the offender or in the	9612
investigation of the fire or explosion involved in the case, and	9613
of establishing by a preponderance of the evidence that the	9614
offender has assets available for the reimbursement of all or a	9615
portion of the costs.	9616

The offender may cross-examine all witnesses and examine all	9617
documentation presented by the agencies at the hearing, and hethe	9618
offender may present at the hearing witnesses and documentation he	9619
the offender has obtained without a subpoena or a subpoena duces	9620
tecum or, in the case of documentation, that belongs to himthe	9621
offender. HeThe offender also may issue subpoenas and subpoenas	9622
duces tecum for, and present and examine at the hearing, witnesses	9623
and documentation, subject to the following applying to the	9624
witnesses or documentation subpoenaed:	9625

(1) The testimony of witnesses subpoenaed or documentation	9626
subpoenaed is material to the preparation or presentation by the	9627
offender of histhe offender's defense to the claims of the	9628
agencies for a reimbursement of costs;	9629

(2) If witnesses to be subpoenaed are personnel of an agency	9630
or documentation to be subpoenaed belongs to an agency, the	9631
personnel or documentation may be subpoenaed only if the agency	9632
involved has indicated, pursuant to this division, that it intends	9633
to present the personnel as witnesses or use the documentation at	9634
the hearing. The offender shall submit, in writing, a request to	9635
an agency as described in this division to ascertain whether the	9636
agency intends to present various personnel as witnesses or to use	9637
particular documentation. The request shall indicate that the	9638
offender is considering issuing subpoenas to personnel of the	9639
agency who are specifically named or identified by title or	9640
position, or for documentation of the agency that is specifically	9641
described or generally identified, and shall request the agency to	9642
indicate, in writing, whether it intends to present such personnel	9643
as witnesses or to use such documentation at the hearing. The	9644
agency shall promptly reply to the request of the offender. An	9645
agency is prohibited from presenting personnel as witnesses or	9646
from using documentation at the hearing if it indicates to the	9647
offender it does not intend to do so in response to a request of	9648
the offender under this division, or if it fails to reply or	9649
promptly reply to such a request.	9650

(D) Following the hearing, the court shall determine which	9651
of the agencies established by a preponderance of the evidence	9652
that costs set forth in their itemized statements were incurred as	9653
described in division (C) of this section and that the offender	9654
has assets available for reimbursement purposes. The court also	9655
shall determine whether the offender has assets available to	9656
reimburse all such agencies, in whole or in part, for their	9657
established costs, and if it determines that the assets are	9658
available, it shall order the offender, as part of histhe	9659
offender's sentence, to reimburse the agencies from histhe	9660
offender's assets for all or a specified portion of their	9661
established costs.	9662

Sec. 2935.33.  (A) If a person charged with a misdemeanor is	9663
taken before a judge of a court of record and if it appears to the	9664
judge that the person is an alcoholic or is suffering from acute	9665
alcohol intoxication and that the person would benefit from	9666
services provided by an alcohol and drug addiction program	9667
certified under Chapter 3793. of the Revised Code, the judge may	9668
place the person temporarily in a program certified under that	9669
chapter in the area in which the court has jurisdiction for	9670
inpatient care and treatment for an indefinite period not	9671
exceeding five days. The commitment does not limit the right to	9672
release on bail. The judge may dismiss a charge of a violation of	9673
division (B) of section 2917.11 of the Revised Code or of a	9674
municipal ordinance substantially equivalent to that division if	9675
the defendant complies with all the conditions of treatment	9676
ordered by the court.	9677

The court may order that any fines or court costs collected	9678
by the court from defendants who have received inpatient care from	9679
an alcohol and drug addiction program be paid, for the benefit of	9680
the program, to the board of alcohol, drug addiction, and mental	9681
health services of the alcohol, drug addiction, and mental health	9682
service district in which the program is located or to the	9683
director of alcohol and drug addiction services.	9684

(B) If a person is being sentenced for a violation of	9685
division (B) of section 2917.11 or section 4511.19 of the Revised	9686
Code, a misdemeanor violation of section 2919.25 of the Revised	9687
Code, a misdemeanor violation of section 2919.27 of the Revised	9688
Code involving a protection order issued or consent agreement	9689
approved pursuant to section 2919.26 or 3113.31 of the Revised	9690
Code, or a violation of a municipal ordinance substantially	9691
equivalent to that division or any of those sections and if it	9692
appears to the judge at the time of sentencing that the person is	9693
an alcoholic or is suffering from acute alcohol intoxication and	9694
that, in lieu of imprisonment, the person would benefit from	9695
services provided by an alcohol and drug addiction program	9696
certified under Chapter 3793. of the Revised Code, the court may	9697
commit the person to close supervision in any facility in the area	9698
in which the court has jurisdiction that is, or is operated by,	9699
such a program. A commitment to close supervision for a	9700
misdemeanor violation of section 2919.25 of the Revised Code, a	9701
misdemeanor violation of section 2919.27 of the Revised Code	9702
involving a protection order issued or consent agreement approved	9703
pursuant to section 2919.26 or 3113.31 of the Revised Code, or a	9704
violation of any substantially equivalent municipal ordinance	9705
shall be in accordance with division (B) of section 2929.51 of the	9706
Revised Code. Such close supervision may include outpatient	9707
services and part-time release, except that a person convicted of	9708
a violation of division (A) of section 4511.19 of the Revised Code	9709
shall be confined to the facility for at least three days and	9710
except that a person convicted of a misdemeanor violation of	9711
section 2919.25 of the Revised Code, a misdemeanor violation of	9712
section 2919.27 of the Revised Code involving a protection order	9713
issued or consent agreement approved pursuant to section 2919.26	9714
or 3113.31 of the Revised Code, or a violation of a substantially	9715
equivalent municipal ordinance shall be confined to the facility	9716
in accordance with the order of commitment. A commitment of a	9717
person to a facility for purposes of close supervision shall not	9718
exceed the maximum term for which the person could be imprisoned.	9719

(C) A law enforcement officer who finds a person subject to	9720
prosecution for violation of division (B) of section 2917.11 of	9721
the Revised Code or a municipal ordinance substantially equivalent	9722
to that division and who has reasonable cause to believe that the	9723
person is an alcoholic or is suffering from acute alcohol	9724
intoxication and would benefit from immediate treatment	9725
immediately may place the person in an alcohol and drug addiction	9726
program certified under Chapter 3793. of the Revised Code in the	9727
area in which the person is found, for emergency treatment, in	9728
lieu of other arrest procedures, for a maximum period of	9729
forty-eight hours. During that time, if the person desires to	9730
leave such custody, hethe person shall be released forthwith.	9731

(D) As used in this section:

9732

(1) "Alcoholic" has the same meaning as in section 3793.01 of	9733
the Revised Code;	9734

(2) "Acute alcohol intoxication" means a heavy consumption of	9735
alcohol over a relatively short period of time, resulting in	9736
dysfunction of the brain centers controlling behavior, speech, and	9737
memory and causing characteristic withdrawal symptoms.	9738

Sec. 2937.07.  If the offense beis a misdemeanor and the	9739
accused pleads guilty theretoto the offense, the court or	9740
magistrate shall receive and enter suchthe plea unless hethe	9741
court or magistrate believes that it was made through fraud,	9742
collusion;, or mistake in which case he.If the court or	9743
magistrate so believes, the court or magistrate shall enter a plea	9744
of not guilty and set the matter for trial pursuant to Chapter	9745
2938. of the Revised Code. Upon receiving a plea of guilty being	9746
received, the court or magistrate shall call for an explanation of	9747
the circumstances of the offense from the affiant or complainant	9748
or histhe affiant's or complainant's representatives, and after.	9749
After hearing the sameexplanation of circumstances, together with	9750
any statement of the accused, the court or magistrate shall	9751
proceed to pronounce the sentence or shall continue the matter for	9752
the purpose of imposing the sentence or admitting the defendant to	9753
probation.	9754

If theA plea beto a misdemeanor offense of "no contest" or	9755
words of similar import in pleading to a misdemeanor, it shall	9756
constitute a stipulation that the judge or magistrate may make a	9757
finding of guilty or not guilty from the explanation of the	9758
circumstances, and if guilt be found,of the offense. If a	9759
finding of guilty is made, the judge or magistrate shall impose	9760
the sentence or continue the case for sentencesentencing	9761
accordingly. SuchA plea of "no contest" or words of similar	9762
import shall not be construed to importas an admission of any	9763
fact at issue in the criminal charge in any subsequent civil or	9764
criminal action or proceeding, whether civil or criminal.	9765

Sec. 2945.17.  At any trial, in any court, for the violation	9766
of any statute of this state, or of any ordinance of any municipal	9767
corporation, except in cases in whichif the offense carries a	9768
potential penalty involved does not exceed a fine of one hundred	9769
dollarsincarceration, the accused has the right to be tried by a	9770
jury. This section does not apply to, and there is no right to a	9771
jury trial for, a person who is the subject of a complaint filed	9772
under section 2151.27 of the Revised Code against both a child and	9773
the parent, guardian, or other person having care of the child.	9774

Sec. 2947.06.  (A)(1) The trial court may hear testimony in	9775
mitigation of a sentence at the term of conviction or plea or at	9776
the next term. The prosecuting attorney may offer testimony on	9777
behalf of the state to give the court a true understanding of the	9778
case. The court shall determine whether sentence oughtshould	9779
immediately to be imposed or whether, if the offense is a	9780
misdemeanor, to place the defendant on probation. The court on	9781
its own motion may direct the department of probation of the	9782
county in which the defendant resides, or its own regular	9783
probation officer, to make any inquiries and presentence	9784
investigation reports that the court requires concerning the	9785
defendant.	9786

(2) The provisions of section 2951.03 of the Revised Code	9787
shall govern the preparation of, the provision, receipt, and	9788
retention of copies of, the use of, and the confidentiality,	9789
nonpublic record character, and sealing of a presentence	9790
investigation report prepared pursuant to division (A)(1) of this	9791
section.	9792

(B) The court may appoint not more than two psychologists or	9793
psychiatrists to make any reports concerning the defendant that	9794
the court requires for the purpose of determining the disposition	9795
of the case. Each psychologist or psychiatrist shall receive a	9796
fee to be fixed by the court and taxed in the costs of the case.	9797
The psychologist's or psychiatrist's reports shall be made in	9798
writing, in open court, and in the presence of the defendant,	9799
except in misdemeanor cases in which sentence may be pronounced in	9800
the absence of the defendant. A copy of each report of a	9801
psychologist or psychiatrist may be furnished to the defendant, if	9802
present, who may examine the persons making the report, under	9803
oath, as to any matter or thing contained in the report.	9804

Sec. 2947.19.  (A) In a county that has no workhouse but in	9805
which is located a city that has a workhouse maintained by the	9806
city, the board of county commissioners may agree with the proper	9807
authorities of that city upon terms under which persons convicted	9808
of misdemeanors shall be maintained in the city workhouse at the	9809
expense of the county. In the case of persons committed to the	9810
city workhouse for the violation of a law of this state, whether	9811
the commitment is from the court of common pleas, magistrate's	9812
court, or other court, the cost of maintaining those persons	9813
committed shall be paid out of the general fund of the county, on	9814
the allowance of the board of county commissioners, provided that	9815
all persons committed to the city workhouse for the violation of	9816
ordinances of the city shall be maintained in that workhouse at	9817
the sole cost of the city.	9818

(B)(1) ThePursuant to section 2929.29 of the Revised Code,	9819
the board of county commissioners or the legislative authority of	9820
the city may require a person who was convicted of an offense and	9821
who is confined in the city workhouse as provided in division (A)	9822
of this section to reimburse the county or the city, as the case	9823
may be, for its expenses incurred by reason of the person's	9824
confinement, including, but not limited to, the expenses relating	9825
to the provision of food, clothing, shelter, medical care,	9826
personal hygiene products, including, but not limited to,	9827
toothpaste, toothbrushes, and feminine hygiene items, and up to	9828
two hours of overtime costs the sheriff or municipal corporation	9829
incurred relating to the trial of the person. The amount of	9830
reimbursement may be the actual cost of the prisoner's confinement	9831
plus the authorized trial overtime costs or a lesser amount	9832
determined by the board of county commissioners for the county or	9833
the legislative authority of the city, provided that the lesser	9834
amount shall be determined by a formula that is uniformly applied	9835
to persons incarcerated in the workhouse. The court shall	9836
determine the amount of reimbursement at a hearing held pursuant	9837
to section 2929.18 of the Revised Code if the person is confined	9838
for a felony or section 2929.223 of the Revised Code if the person	9839
is confined for a misdemeanor. The amount or amounts paid in	9840
reimbursement by a prisoner confined for a misdemeanor or the	9841
amount recovered from a prisoner confined for a misdemeanor by	9842
executing upon the judgment obtained pursuant to section 2929.223	9843
of the Revised Code shall be paid into the treasury of the county	9844
or city that incurred the expenses. If a person is convicted of	9845
or pleads guilty to a felony and the court imposes a sanction that	9846
requires the offender to serve a term in a city workhouse,	9847
sections 341.23, 753.02, 753.04, and 753.16 of the Revised Code	9848
govern the determination of whether the court may impose a	9849
sanction under section 2929.18 of the Revised Code that requires	9850
the offender to reimburse the expenses of confinement. If a	9851
person is confined for a felony and the court imposes a sanction	9852
under section 2929.18 of the Revised Code that requires the	9853
offender to reimburse the costs of confinement, the prosecuting	9854
attorney of the county or city director of law shall bring an	9855
action to recover the expenses of confinement in accordance with	9856
section 2929.18 of the Revised Code.	9857

(2) The board of county commissioners or the legislative	9858
authority of the city may adopt a resolution or ordinance	9859
specifying that a person who is convicted of a felony and who is	9860
confined in the city workhouse as provided in division (A) of this	9861
section is not required to reimburse the county or city, as the	9862
case may be, for its expenses incurred by reason of the person's	9863
confinement, including the expenses listed in division (B)(1) of	9864
this section. If the board or legislative authority adopts a	9865
resolution or ordinance of that nature, the court that sentences a	9866
person convicted of a felony shall not impose a sanction under	9867
section 2929.18 of the Revised Code that requires the person to	9868
reimburse the costs of the confinement.	9869

(C) In lieu of requiring offenders to reimburse the county	9870
or the city for expenses incurred by reason of the person's	9871
confinement under division (A) of this section, the board of	9872
county commissioners or the legislative authority of the city may	9873
adopt a prisoner reimbursement policy for the city workhouse under	9874
this division. The workhouse administrator may appoint a	9875
reimbursement coordinator to administer the prisoner reimbursement	9876
policy. A prisoner reimbursement policy adopted under this	9877
division is a policy that requires a person confined to the	9878
workhouse to reimburse the county or city for any expenses it	9879
incurs by reason of the person's confinement in the workhouse,	9880
which expenses may include, but are not limited to, the following:	9881

(1) A per diem fee for room and board of not more than sixty	9882
dollars per day or the actual per diem cost, whichever is less for	9883
the entire period of time the person is confined to the workhouse;	9884

(2) Actual charges for medical and dental treatment;

9885

(3) Reimbursement for government property damaged by the	9886
person while confined to the workhouse.	9887

Rates charged shall be on a sliding scale determined by the	9888
board of county commissioners or the legislative authority of the	9889
city, based on the ability of the person confined in the workhouse	9890
to pay and on consideration of any legal obligation of the person	9891
to support a spouse, minor children, or other dependents and any	9892
moral obligation to support dependents to whom the person is	9893
providing or has in fact provided support.	9894

The reimbursement coordinator or another person designated by	9895
the workhouse administrator may investigate the financial status	9896
of the confined person and obtain information necessary to	9897
investigate that status, by means that may include contacting	9898
employers and reviewing income tax records. The coordinator may	9899
work with the confined person to create a repayment plan to be	9900
implemented upon the person's release. At the end of the person's	9901
incarceration, the person shall be presented with a billing	9902
statement.	9903

The reimbursement coordinator or another person designated by	9904
the workhouse administrator may collect, or the board of county	9905
commissioners or the legislative authority of the city may enter	9906
into a contract with one or more public agencies or private	9907
vendors to collect, any amounts remaining unpaid. Within twelve	9908
months after the date of the confined person's release, the	9909
prosecuting attorney or city director of law may file a civil	9910
action to seek reimbursement from that person for any billing	9911
amount that remains unpaid. The county or city shall not enforce	9912
any judgment obtained under this section by means of execution	9913
against the person's homestead. For purposes of this section,	9914
"homestead" has the same meaning as in division (A) of section	9915
323.151 of the Revised Code. Any reimbursement received under	9916
this section shall be credited to the general fund of the county	9917
or city that bore the expense, to be used for general fund	9918
purposes.	9919

(D)(1) Notwithstanding any contrary provision in this	9920
section or section 2929.18 or 2929.223 of the Revised Code, the	9921
board of county commissioners or the legislative authority of the	9922
city may establish a policy that requires any person who is not	9923
indigent and who is confined in the city workhouse to pay a	9924
reasonable fee for any medical treatment or service requested by	9925
and provided to that person. This fee shall not exceed the actual	9926
cost of the treatment or service provided. No person confined to	9927
a city workhouse who is indigent shall be required to pay those	9928
fees, and no person confined to a city workhouse shall be denied	9929
any necessary medical care because of inability to pay those fees.	9930

Upon provision of the requested medical treatment or service,	9931
payment of the required fee may be automatically deducted from a	9932
person's account record in the workhouse's business office. If	9933
the person has no funds in the person's account, a deduction may	9934
be made at a later date during the person's confinement in the	9935
workhouse if funds later become available in the person's account.	9936
If the person is released from the workhouse and has an unpaid	9937
balance of these fees, the board of county commissioners or the	9938
legislative authority may bill the person for payment of the	9939
remaining unpaid fees. Fees received for medical treatment or	9940
services shall be paid into the commissary fund, if one has been	9941
created for the workhouse, or if no commissary fund exists, into	9942
the county or city treasury.	9943

(2) If a person confined to a city workhouse is required	9944
under division (B) of this section or section 2929.18 or 2929.223	9945
of the Revised Code to reimburse the county or city for expenses	9946
incurred by reason of the person's confinement to the workhouse,	9947
any fees paid by the person under division (D)(1) of this section	9948
shall be deducted from the expenses required to be reimbursed	9949
under division (b) of this section or section 2929.18 or 2929.223	9950
of the Revised Code.	9951

(E)(C) If a person who has been convicted of or pleaded	9952
guilty to an offense is confined in the workhouse as provided in	9953
division (A) of this section, at the time of reception and at	9954
other times the person in charge of the operation of the workhouse	9955
determines to be appropriate, the person in charge of the	9956
operation of the workhouse may cause the convicted offender to be	9957
examined and tested for tuberculosis, HIV infection, hepatitis,	9958
including but not limited to hepatitis A, B, and C, and other	9959
contagious diseases. The person in charge of the operation of the	9960
workhouse may cause a convicted offender in the workhouse who	9961
refuses to be tested or treated for tuberculosis, HIV infection,	9962
hepatitis, including but not limited to hepatitis A, B, and C, or	9963
another contagious disease to be tested and treated involuntarily.	9964

Sec. 2947.21.  When a person is sentenced to a workhouse by	9965
the court of common pleas, the clerk of the court of common pleas	9966
shall make and deliver to the sheriff a certified copy of the	9967
judgment. The copy shall describe the crime charged and the	9968
sentence of the court. The sheriff shall deliver the copy to the	9969
officer in charge of the workhouse, and the copy shall be that	9970
officer's warrant for detaining the person in custody. In case of	9971
such a conviction by any other court or magistrate, the court or	9972
magistrate shall make a certified transcript of the docket in the	9973
case, which, in like manner, shall be delivered to the marshal,	9974
constable, or sheriff to be delivered by the marshal, constable,	9975
or sheriff to the proper officer in charge of the workhouse and be	9976
that officer's warrant for detaining the person in custody.	9977

When a person is sentenced to a jail or workhouse under	9978
division (A)(3) of section 2929.512929.24 of the Revised Code,	9979
the court shall certify a transcript of the docket in the case,	9980
and the court shall deliver the certified transcript to the	9981
proper officer in charge of the workhouse or jail, and the	9982
certified transcript is the officer's warrant for detaining the	9983
person in custody during the prescribed period or periods.	9984

Sec. 2949.111.  (A) As used in this section:

9985

(1) "CostsCourt costs" means any court costsassessment that	9986
the court requires an offender to pay,to defray the costs of	9987
operating the court.	9988

(2) "State fines or costs" means any costs imposed or	9989
forfeited bail collected by the court under section 2743.70 of the	9990
Revised Code for deposit into the reparations fund or under	9991
section 2949.091 of the Revised Code for deposit into the	9992
reparations fund and all fines, penalties, and forfeited bail	9993
collected by the court and paid to a law library association under	9994
section 3375.50 of the Revised Code.	9995

(3) "Reimbursement" means any reimbursement for the costs of	9996
confinement that the court orders an offender to pay pursuant to	9997
section 2929.2232929.18, 2929.28,or2929.29 of the Revised Code,	9998
any supervision fee, any fee for the costs of electronically	9999
monitored house arrest that an offender agrees to pay pursuant to	10000
section 2929.23 of the Revised Code, any reimbursement for the	10001
costs of an investigation or prosecution that the court orders an	10002
offender to pay pursuant to section 2929.282929.71 of the Revised	10003
Code, or any other costs that the court orders an offender to pay.	10004

(2)(4) "Supervision fees" means any fees that a court,	10005
pursuant to sectionsections 2929.18, 2929.28, and 2951.021 of the	10006
Revised Code and as a condition of probation, requires an offender	10007
who is placed on probation to pay for probation services or that a	10008
court, pursuant to section 2929.18 of the Revised Code, requires	10009
an offender who is under a community control sanction to pay for	10010
supervision services.	10011

(3)(5) "Community control sanction" has the same meaning as	10012
in section 2929.01 of the Revised Code.	10013

(B) Unless the court, in accordance with division (C) of	10014
this section, enters in the record of the case a different method	10015
of assigning a payment toward the satisfaction of costs,	10016
restitution, a fine, or supervision feespayments, if a person who	10017
is charged with a misdemeanor is convicted of or pleads guilty to	10018
the offense, if the court orders the offender to pay any	10019
combination of court costs, state fines or costs, restitution, a	10020
conventional fine, a day fine, or supervision feesany	10021
reimbursement, and if the offender makes any payment of any of	10022
them to a clerk of court toward the satisfaction of the costs,	10023
restitution, fine, or supervision fees, the clerk of the court	10024
shall assign the offender's payment so made toward the	10025
satisfaction of the costs, restitution, fine, or supervision fees	10026
in the following manner:	10027

(1) If the court ordered the offender to pay any court	10028
costs, the offender's payment shall be assigned toward the	10029
satisfaction of thethose court costs until the court coststhey	10030
have been entirely paid.	10031

(2) If the court ordered the offender to pay any state fines	10032
or costs and if all of the court costs that the court ordered the	10033
offender to pay have been paid, the remainder of the offender's	10034
payment shall be assigned on a pro rata basis toward the	10035
satisfaction of the state fines or costs until they have been	10036
entirely paid.	10037

(3) If the court ordered the offender to pay any restitution	10038
and if all of the court costs and state fines or costs that the	10039
court ordered the offender to pay, if any, have been paid, the	10040
remainder of the offender's payment after any assignment required	10041
under division (B)(1) of this section shall be assigned toward the	10042
satisfaction of the restitution until the restitutionit has been	10043
entirely paid.	10044

(3)(4) If the court ordered the offender to pay any	10045
conventional fine or day fine and if all of the court costs,state	10046
fines or costs, and restitution that the court ordered the	10047
offender to pay, if any, have been paid, the remainder of the	10048
offender's payment after any assignments required under divisions	10049
(B)(1) and (2) of this section shall be assigned toward the	10050
satisfaction of the fine until the fineit has been entirely paid.	10051

(4)(5) If the court ordered the offender to pay any	10052
supervision feesreimbursement and if all of the court costs,	10053
state fines or costs, restitution, conventional fines, and fine	10054
day fines that the court ordered the offender to pay, if any, have	10055
been paid, the remainder of the offender's payment after any	10056
assignments required under divisions (B)(1), (2), and (3) of this	10057
section shall be assigned toward the satisfaction of the	10058
supervision feesreimbursements until the supervision feesthey	10059
have been entirely paid.	10060

(C) If a person who is charged with a misdemeanor is	10061
convicted of or pleads guilty to the offense and if the court	10062
orders the offender to pay any combination of court costs, state	10063
fines or costs, restitution, a fineconventional fines, day fines,	10064
or supervision feesreimbursements, the court, at the time it	10065
orders the offender to pay the combination of costs, restitution,	10066
a fine, or supervision feesmake those payments, may prescribe a	10067
methodan order of assigning payments that the person makes toward	10068
the satisfaction of the costs, restitution, fine, or supervision	10069
fees that differs from the methodorder set forth in division (B)	10070
of this section. If the court prescribes a method of assigning	10071
payments under this division, the court shall enterby entering in	10072
the record of the case the methodorder so prescribed. Upon the	10073
entryIf a different order is entered in the record of the case of	10074
the method of assigning payments prescribed pursuant to this	10075
division, if the offender makes any payment to a clerk of court	10076
for the costs, restitution, fine, or supervision fees, on receipt	10077
of any payment, the clerk of the court shall assign the payment so	10078
made toward the satisfaction of the costs, restitution, fine, or	10079
supervision fees in the manner prescribed by the court and entered	10080
in the record of the case instead of in the manner set forth in	10081
division (B) of this section.	10082

Sec. 2950.01. As used in this chapter, unless the context	10083
clearly requires otherwise:	10084

(A) "Confinement" includes, but is not limited to, a	10085
community residential sanction imposed pursuant to section 2929.16	10086
or 2929.26 of the Revised Code.	10087

(B) "Habitual sex offender" means, except when a juvenile	10088
judge removes this classification pursuant to division (A)(2) of	10089
section 2152.84 or division (C)(2) of section 2152.85 of the	10090
Revised Code, a person to whom both of the following apply:	10091

(1) The person is convicted of or pleads guilty to a	10092
sexually oriented offense, or the person is adjudicated a	10093
delinquent child for committing on or after the effective date of	10094
this amendmentJanuary 1, 2002, a sexually oriented offense, was	10095
fourteen years of age or older at the time of committing the	10096
offense, and is classified a juvenile sex offender registrant	10097
based on that adjudication.	10098

(2) The person previously has been convicted of or pleaded	10099
guilty to one or more sexually oriented offenses or, regarding a	10100
delinquent child, previously has been adjudicated a delinquent	10101
child for committing one or more sexually oriented offenses.	10102

(C) "Prosecutor" has the same meaning as in section 2935.01	10103
of the Revised Code.	10104

(D) "Sexually oriented offense" means any of the following:

10105

(1) Subject to division (D)(2) of this section, any of the	10106
following violations or offenses:	10107

(a) Regardless of the age of the victim of the offense, a	10108
violation of section 2907.02, 2907.03, or 2907.05 of the Revised	10109
Code;	10110

(b) Any of the following offenses involving a minor, in the	10111
circumstances specified:	10112

(i) A violation of section 2905.01, 2905.02, 2905.03,	10113
2905.04, 2905.05, or 2907.04 of the Revised Code when the victim	10114
of the offense is under eighteen years of age;	10115

(ii) A violation of section 2907.21 of the Revised Code when	10116
the person who is compelled, induced, procured, encouraged,	10117
solicited, requested, or facilitated to engage in, paid or agreed	10118
to be paid for, or allowed to engage in the sexual activity in	10119
question is under eighteen years of age;	10120

(iii) A violation of division (A)(1) or (3) of section	10121
2907.321 or 2907.322 of the Revised Code;	10122

(iv) A violation of division (A)(1) or (2) of section	10123
2907.323 of the Revised Code;	10124

(v) A violation of division (B)(5) of section 2919.22 of the	10125
Revised Code when the child who is involved in the offense is	10126
under eighteen years of age.	10127

(c) Regardless of the age of the victim of the offense, a	10128
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	10129
Revised Code, or of division (A) of section 2903.04 of the Revised	10130
Code, that is committed with a purpose to gratify the sexual needs	10131
or desires of the offender;	10132

(d) A sexually violent offense;

10133

(e) A violation of any former law of this state that was	10134
substantially equivalent to any offense listed in division	10135
(D)(1)(a), (b), (c), or (d) of this section;	10136

(f) A violation of an existing or former municipal ordinance	10137
or law of another state or the United States, a violation under	10138
the law applicable in a military court, or a violation under the	10139
law applicable in an Indian tribal court that is or was	10140
substantially equivalent to any offense listed in division	10141
(D)(1)(a), (b), (c), or (d) of this section;	10142

(g) An attempt to commit, conspiracy to commit, or	10143
complicity in committing any offense listed in division (D)(1)(a),	10144
(b), (c), (d), (e), or (f) of this section.	10145

(2) An act committed by a person under eighteen years of age	10146
that is any of the following:	10147

(a) Except for the violations specifically described in	10148
divisions (D)(2)(b) and (c) of this section and subject to	10149
division (D)(2)(d) of this section, any violation listed in	10150
division (D)(1) of this section that, if committed by an adult,	10151
would be a felony of the first, second, third, or fourth degree;	10152

(b) Subject to division (A)(2)(d) of this section, a	10153
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	10154
2905.02 of the Revised Code, a violation of division (A) of	10155
section 2903.04 of the Revised Code, or an attempt to violate any	10156
of those sections or that division that is committed with a	10157
purpose to gratify the sexual needs or desires of the child	10158
committing the violation;	10159

(c) Subject to division (A)(2)(d) of this section, a	10160
violation of division (A)(1) or (3) of section 2907.321, division	10161
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	10162
section 2907.323 of the Revised Code, or an attempt to violate any	10163
of those divisions, if the person who violates or attempts to	10164
violate the division is four or more years older than the minor	10165
who is the victim of the offense;	10166

(d) If the child's case has been transferred for criminal	10167
prosecution under section 2152.12 of the Revised Code, the act is	10168
any violation listed in division (D)(1)(a), (b), (c), (d), (e),	10169
(f), or (g) of this section or would be any offense listed in any	10170
of those divisions if committed by an adult.	10171

(E) "Sexual predator" means a person to whom either of the	10172
following applies:	10173

(1) The person has been convicted of or pleaded guilty to	10174
committing a sexually oriented offense and is likely to engage in	10175
the future in one or more sexually oriented offenses.	10176

(2) The person has been adjudicated a delinquent child for	10177
committing a sexually oriented offense, was fourteen years of age	10178
or older at the time of committing the offense, was classified a	10179
juvenile sex offender registrant based on that adjudication, and	10180
is likely to engage in the future in one or more sexually oriented	10181
offenses.	10182

(F) "Supervised release" means a release of an offender from	10183
a prison term, a term of imprisonment, or another type of	10184
confinement that satisfies either of the following conditions:	10185

(1) The release is on parole, a conditional pardon, or	10186
probationunder a community control sanction, under transitional	10187
control, or under a post-release control sanction, and it requires	10188
the person to report to or be supervised by a parole officer,	10189
probation officer, field officer, or another type of supervising	10190
officer.	10191

(2) The release is any type of release that is not described	10192
in division (F)(1) of this section and that requires the person to	10193
report to or be supervised by a probation officer, a parole	10194
officer, a field officer, or another type of supervising officer.	10195

(G) An offender or delinquent child is "adjudicated as being	10196
a sexual predator" if any of the following applies and if that	10197
status has not been removed pursuant to section 2152.84, 2152.85,	10198
or 2950.09 of the Revised Code:	10199

(1) The offender is convicted of or pleads guilty to	10200
committing, on or after January 1, 1997, a sexually oriented	10201
offense that is a sexually violent offense and also is convicted	10202
of or pleads guilty to a sexually violent predator specification	10203
that was included in the indictment, count in the indictment, or	10204
information that charged the sexually violent offense.	10205

(2) Regardless of when the sexually oriented offense was	10206
committed, on or after January 1, 1997, the offender is sentenced	10207
for a sexually oriented offense, and the sentencing judge	10208
determines pursuant to division (B) of section 2950.09 of the	10209
Revised Code that the offender is a sexual predator.	10210

(3) The delinquent child is adjudicated a delinquent child	10211
for committing a sexually oriented offense, was fourteen years of	10212
age or older at the time of committing the offense, and has been	10213
classified a juvenile sex offender registrant based on that	10214
adjudication, and the adjudicating judge or that judge's successor	10215
in office determines pursuant to division (B) of section 2950.09	10216
or pursuant to division (B) of section 2152.83, section 2152.84,	10217
or section 2152.85 of the Revised Code that the delinquent child	10218
is a sexual predator.	10219

(4) Prior to January 1, 1997, the offender was convicted of	10220
or pleaded guilty to, and was sentenced for, a sexually oriented	10221
offense, the offender is imprisoned in a state correctional	10222
institution on or after January 1, 1997, and the court determines	10223
pursuant to division (C) of section 2950.09 of the Revised Code	10224
that the offender is a sexual predator.	10225

(5) Regardless of when the sexually oriented offense was	10226
committed, the offender or delinquent child is convicted of or	10227
pleads guilty to, has been convicted of or pleaded guilty to, or	10228
is adjudicated a delinquent child for committing a sexually	10229
oriented offense in another state or in a federal court, military	10230
court, or an Indian tribal court, as a result of that conviction,	10231
plea of guilty, or adjudication, the offender or delinquent child	10232
is required, under the law of the jurisdiction in which the	10233
offender was convicted or pleaded guilty or the delinquent child	10234
was adjudicated, to register as a sex offender until the	10235
offender's or delinquent child's death and to verify the	10236
offender's or delinquent child's address on at least a quarterly	10237
basis each year, and, on or after July 1, 1997, for offenders or	10238
the effective date of this amendmentJanuary 1, 2002, for	10239
delinquent children the offender or delinquent child moves to and	10240
resides in this state or temporarily is domiciled in this state	10241
for more than seven days, unless a court of common pleas or	10242
juvenile court determines that the offender or delinquent child is	10243
not a sexual predator pursuant to division (F) of section 2950.09	10244
of the Revised Code.	10245

(H) "Sexually violent predator specification" and "sexually	10246
violent offense" have the same meanings as in section 2971.01 of	10247
the Revised Code.	10248

(I) "Post-release control sanction" and "transitional	10249
control" have the same meanings as in section 2967.01 of the	10250
Revised Code.	10251

(J) "Juvenile sex offender registrant" means a person who is	10252
adjudicated a delinquent child for committing on or after the	10253
effective date of this amendmentJanuary 1, 2002, a sexually	10254
oriented offense, who is fourteen years of age or older at the	10255
time of committing the offense, and who a juvenile court judge,	10256
pursuant to an order issued under section 2152.82, 2152.83,	10257
2152.84, or 2152.85 of the Revised Code, classifies as a juvenile	10258
sex offender registrant and specifies has a duty to register under	10259
section 2950.04 of the Revised Code.	10260

(K) "Secure facility" means any facility that is designed	10261
and operated to ensure that all of its entrances and exits are	10262
locked and under the exclusive control of its staff and to ensure	10263
that, because of that exclusive control, no person who is	10264
institutionalized or confined in the facility may leave the	10265
facility without permission or supervision.	10266

(L) "Out-of-state juvenile sex offender registrant" means a	10267
person who is adjudicated a delinquent child for committing a	10268
sexually oriented offense in another state or in a federal court,	10269
military court, or Indian tribal court, who on or after the	10270
effective date of this amendmentJanuary 1, 2002, moves to and	10271
resides in this state or temporarily is domiciled in this state	10272
for more than seven days, and who under section 2950.04 of the	10273
Revised Code has a duty to register in this state as described in	10274
that section.	10275

(M) "Juvenile court judge" includes a magistrate to whom the	10276
juvenile court judge confers duties pursuant to division (A)(15)	10277
of section 2151.23 of the Revised Code.	10278

(N) "Community control sanction" has the same meaning as in	10279
section 2929.01 of the Revised Code.	10280

Sec. 2950.99.  (A) Whoever violates a prohibition in section	10281
2950.04, 2950.05, or 2950.06 of the Revised Code is guilty of a	10282
felony of the fifth degree if the most serious sexually oriented	10283
offense that was the basis of the registration, change of address	10284
notification, or address verification requirement that was	10285
violated under the prohibition is a felony if committed by an	10286
adult, and a misdemeanor of the first degree if the most serious	10287
sexually oriented offense that was the basis of the registration,	10288
change of address notification, or address verification	10289
requirement that was violated under the prohibition is a	10290
misdemeanor if committed by an adult. In addition to any penalty	10291
or sanction imposed for the violation, if the offender or	10292
delinquent child is subject to a community control sanction, is on	10293
probation or parole, is subject to one or more post-release	10294
control sanctions, or is subject to any other type of supervised	10295
release at the time of the violation, the violation shall	10296
constitute a violation of the terms and conditions of the	10297
probationcommunity control sanction, parole, post-release control	10298
sanction, or other type of supervised release.	10299

(B) If a person violates a prohibition in section 2950.04,	10300
2950.05, or 2950.06 of the Revised Code that applies to the person	10301
as a result of the person being adjudicated a delinquent child and	10302
being classified a juvenile sex offender registrant or is an	10303
out-of-state juvenile sex offender registrant, both of the	10304
following apply:	10305

(1) If the violation occurs while the person is under	10306
eighteen years of age, the person is subject to proceedings under	10307
Chapter 2152. of the Revised Code based on the violation.	10308

(2) If the violation occurs while the person is eighteen	10309
years of age or older, the person is subject to criminal	10310
prosecution based on the violation.	10311

Sec. 2951.01. The definition of "magistrate" set forthAs	10312
used in this section:	10313

(A) "Magistrate" has the same meaning as in section 2931.01	10314
of the Revised Code applies to Chapter 2951. of the Revised Code.	10315

(B) "Community control sanction" has the same meaning as in	10316
section 2929.01 of the Revised Code.	10317

(C) "Ignition interlock device" has the same meaning as in	10318
section 4511.83 of the Revised Code.	10319

(D) "Multicounty department of probation" means a probation	10320
department established under section 2301.27 of the Revised Code	10321
to serve more than one county.	10322

(E) "Probation agency" means a county department of	10323
probation, a multicounty department of probation, a municipal	10324
court department of probation established under section 1901.33 of	10325
the Revised Code, or the adult parole authority.	10326

(F) "County-operated municipal court" and "legislative	10327
authority" have the same meanings as in section 1901.03 of the	10328
Revised Code.	10329

(G) "Detention facility" has the same meaning as in section	10330
2921.01 of the Revised Code.	10331

(H) "Repeat offender" and "dangerous offender" have the same	10332
meanings as in section 2935.36 of the Revised Code.	10333

(I) "Minor drug possession offense" has the same meaning as	10334
in section 2925.01 of the Revised Code.	10335

(J) "Peace officer" has the same meaning as in section	10336
2935.01 of the Revised Code.	10337

(K) "Firearm," "deadly weapon," and "dangerous ordnance" have	10338
the same meanings as in section 2923.11 of the Revised Code.	10339

Sec. 2951.011.  (A)(1) Chapter 2951. of the Revised Code, as	10340
it existed prior to July 1, 1996, applies to a person upon whom a	10341
court imposed a term of imprisonment prior to July 1, 1996, and a	10342
person upon whom a court, on or after July 1, 1996, and in	10343
accordance with law existing prior to July 1, 1996, imposed a term	10344
of imprisonment for an offense that was committed prior to July 1,	10345
1996.	10346

(B)(2) Chapter 2951. of the Revised Code as it exists on and	10347
after July 1, 1996, applies to a person upon whom a court imposed	10348
a stated prison term for an offense committed on or after July 1,	10349
1996.	10350

(B)(1) Except as provided in division (A)(1) of this section,	10351
Chapter 2951. of the Revised Code, as it existed prior to July 1,	10352
2002, applies to a person upon whom a court imposed a sentence for	10353
a misdemeanor offense prior to July 1, 2002, and a person upon	10354
whom a court, on or after July 1, 2002, and in accordance with law	10355
existing prior to July 1, 2002, imposed a sentence for a	10356
misdemeanor offense that was committed prior to July 1, 2002.	10357

(2) Except as provided in division (A)(2) of this section,	10358
Chapter 2951. of the Revised Code as it exists on and after July	10359
1, 2002, applies to a person upon whom a court imposes a sentence	10360
for a misdemeanor offense committed on or after July 1, 2002.	10361

Sec. 2951.02.  (A)(1) In determining whether to suspend a	10362
sentence of imprisonment imposed upon an offender for a	10363
misdemeanor and place the offender on probation or whether to	10364
otherwise suspend a sentence of imprisonment imposed upon an	10365
offender for a misdemeanor pursuant to division (A) of section	10366
2929.51 of the Revised Code, the court shall consider the risk	10367
that the offender will commit another offense and the need for	10368
protecting the public from the risk, the nature and circumstances	10369
of the offense, and the history, character, and condition of the	10370
offender.	10371

(2) An offender who has been convicted of or pleaded guilty	10372
to a misdemeanor shall not be placed on probation and shall not	10373
otherwise have the sentence of imprisonment imposed upon the	10374
offender suspended pursuant to division (A) of section 2929.51 of	10375
the Revised Code if either of the following applies:	10376

(a) The offender is a repeat or dangerous offender.

10377

(b) The misdemeanor offense involved was not a violation of	10378
section 2923.12 of the Revised Code and was committed while the	10379
offender was armed with a firearm or dangerous ordnance.	10380

(B) The following do not control the court's discretion but	10381
the court shall consider them in favor of placing an offender who	10382
has been convicted of or pleaded guilty to a misdemeanor on	10383
probation or in favor of otherwise suspending the offender's	10384
sentence of imprisonment pursuant to division (A) of section	10385
2929.51 of the Revised Code:	10386

(1) The offense neither caused nor threatened serious harm	10387
to persons or property, or the offender did not contemplate that	10388
it would do so.	10389

(2) The offense was the result of circumstances unlikely to	10390
recur.	10391

(3) The victim of the offense induced or facilitated it.

10392

(4) There are substantial grounds tending to excuse or	10393
justify the offense, though failing to establish a defense.	10394

(5) The offender acted under strong provocation.

10395

(6) The offender has no history of prior delinquency or	10396
criminal activity, or has led a law-abiding life for a substantial	10397
period before commission of the present offense.	10398

(7) The offender is likely to respond affirmatively to	10399
probationary or other court-imposed treatment.	10400

(8) The character and attitudes of the offender indicate	10401
that the offender is unlikely to commit another offense.	10402

(9) The offender has made or will make restitution or	10403
reparation to the victim of the offender's offense for the injury,	10404
damage, or loss sustained.	10405

(10) Imprisonment of the offender will entail undue hardship	10406
to the offender or the offender's dependents.	10407

(C)(1) When an offender who has been convicted of or pleaded	10408
guilty to a misdemeanor is placed on probation or the sentence of	10409
that type of offender otherwise is suspended pursuant to division	10410
(A) of section 2929.51 of the Revised Code, the probation or other	10411
suspension shall be at least on condition that, during the period	10412
of probation or other suspension, the offender shall abide by the	10413
law and shall not leave the state without the permission of the	10414
court or the offender's probation officer. In the interests of	10415
doing justice, rehabilitating the offender, and ensuring the	10416
offender's good behavior, the court may impose additional	10417
requirements on the offender. Compliance with the additional	10418
requirements imposed under this division also shall be a condition	10419
of the offender's probation or other suspension. The additional	10420
requirements so imposed may include, but shall not be limited to,	10421
any of the following:	10422

(a) A requirement that the offender make restitution	10423
pursuant to section 2929.21 of the Revised Code for all or part of	10424
the property damage that is caused by the offender's offense and	10425
for all or part of the value of the property that is the subject	10426
of any theft offense that the offender committed;	10427

(b) If the offense is a violation of section 2919.25 or a	10428
violation of section 2903.13 of the Revised Code involving a	10429
person who was a family or household member at the time of the	10430
violation, if the offender committed the offense in the vicinity	10431
of one or more children who are not victims of the offense, and if	10432
the offender or the victim of the offense is a parent, guardian,	10433
custodian, or person in loco parentis of one or more of those	10434
children, a requirement that the offender obtain counseling. This	10435
division does not limit the court in imposing a requirement that	10436
the offender obtain counseling for any offense or in any	10437
circumstance not specified in this division.	10438

(c) A requirement that the offender not ingest or be	10439
injected with a drug of abuse and submit to random drug testing	10440
and requiring that the results of the drug test indicate that the	10441
offender did not ingest or was not injected with a drug of abuse.	10442
If the court requires the offender to submit to random drug	10443
testing under division (C)(1)(c) of this section, the county	10444
department of probation, the multicounty department of probation,	10445
or the adult parole authority, as appropriate, that has general	10446
control and supervision of offenders who are on probation or other	10447
suspension or are under a nonresidential sanction, shall cause the	10448
offender to submit to random drug testing pursuant to section	10449
2951.05 of the Revised Code.	10450

(2) During the period of a misdemeanor offender's probation	10451
community control sanction or other suspension or during the	10452
period of a felon'sfelony offender's nonresidential sanction,	10453
authorized probation officers who are engaged within the scope of	10454
their supervisory duties or responsibilities may search, with or	10455
without a warrant, the person of the offender, the place of	10456
residence of the offender, and a motor vehicle, another item of	10457
tangible or intangible personal property, or other real property	10458
in which the offender has a right, title, or interest or for which	10459
the offender has the express or implied permission of a person	10460
with a right, title, or interest to use, occupy, or possess if the	10461
probation officers have reasonable grounds to believe that the	10462
offender is not abiding by the law or otherwise is not complying	10463
with the conditions of the misdemeanor offender's probation or	10464
other suspensioncommunity control sanction or the conditions of	10465
the felony offender's nonresidential sanction. If a felonfelony	10466
offender who is sentenced to a nonresidential sanction is under	10467
the general control and supervision of the adult parole authority,	10468
as described in division (A)(2)(a) of section 2929.15 of the	10469
Revised Code, adult parole authority field officers with	10470
supervisory responsibilities over the felonfelony offender shall	10471
have the same search authority relative to the felonfelony	10472
offender during the period of the sanction asthat is described	10473
under this division for probation officers. The court that places	10474
the misdemeanor offender on probation or suspends the misdemeanor	10475
offender's sentence of imprisonmentunder a community control	10476
sanction pursuant to division (D)(2) or (4) of section 2929.51	10477
2929.25 of the Revised Code or that sentences the felonfelony	10478
offender to a nonresidential sanction pursuant to section 2929.17	10479
of the Revised Code shall provide the offender with a written	10480
notice that informs the offender that authorized probation	10481
officers or adult parole authority field officers with supervisory	10482
responsibilities over the offender who are engaged within the	10483
scope of their supervisory duties or responsibilities may conduct	10484
those types of searches during the period of probation or other	10485
suspension or during the period of the community control sanction	10486
or nonresidential sanction if they have reasonable grounds to	10487
believe that the offender is not abiding by the law or otherwise	10488
is not complying with the conditions of the offender's probation	10489
or other suspension or the conditions of the offender'scommunity	10490
control sanction or nonresidential sanction.	10491

(D) The following do not control the court's discretion but	10492
the court shall consider them against placing an offender who has	10493
been convicted of or pleaded guilty to a misdemeanor on probation	10494
and against otherwise suspending the offender's sentence of	10495
imprisonment pursuant to division (A) of section 2929.51 of the	10496
Revised Code:	10497

(1) The offender recently violated the conditions of pardon,	10498
post-release control pursuant to section 2967.28 of the Revised	10499
Code, or a probation or suspension pursuant to division (A) of	10500
section 2929.51 of the Revised Code, previously granted the	10501
offender.	10502

(2) There is a substantial risk that, while at liberty	10503
during the period of probation or other suspension, the offender	10504
will commit another offense.	10505

(3) The offender is in need of correctional or	10506
rehabilitative treatment that can be provided best by the	10507
offender's commitment to a locally governed and operated	10508
residential facility.	10509

(4) Regardless of whether the offender knew the age of the	10510
victim, the victim of the offense was sixty-five years of age or	10511
older or permanently and totally disabled at the time of the	10512
commission of the offense.	10513

(E) The criteria listed in divisions (B) and (D) of this	10514
section shall not be construed to limit the matters that may be	10515
considered in determining whether to suspend sentence of	10516
imprisonment and place an offender who has been convicted of or	10517
pleaded guilty to a misdemeanor on probation or whether to	10518
otherwise suspend the offender's sentence of imprisonment pursuant	10519
to division (A) of section 2929.51 of the Revised Code.	10520

(F)(1) When(B) If an offender is convicted of or pleads	10521
guilty to a misdemeanor, the court may require the offender, as a	10522
condition of probation or as a condition of otherwise suspending	10523
the offender's sentence pursuant to division (A) of section	10524
2929.51 of the Revised Code, in addition to the conditions of	10525
probation or other suspension imposed pursuant to division (C) of	10526
this sectionof a community control sanction, to perform	10527
supervised community service work in accordance with this	10528
division. If an offender is convicted of or pleads guilty to a	10529
felony, the court, pursuant to sections 2929.15 and 2929.17 of the	10530
Revised Code, may impose a sanction that requires the offender to	10531
perform supervised community service work in accordance with this	10532
division. The supervised community service work shall be under	10533
the authority of health districts, park districts, counties,	10534
municipal corporations, townships, other political subdivisions of	10535
the state, or agencies of the state or any of its political	10536
subdivisions, or under the authority of charitable organizations	10537
that render services to the community or its citizens, in	10538
accordance with this division. Supervised community service work	10539
shall not be required as a condition of probation or other	10540
suspension under this division unless the offender agrees to	10541
perform the work offered as a condition of probation or other	10542
suspension by the court. The court may require an offender who	10543
agreesis ordered to perform the work to pay to it a reasonable	10544
fee to cover the costs of the offender's participation in the	10545
work, including, but not limited to, the costs of procuring a	10546
policy or policies of liability insurance to cover the period	10547
during which the offender will perform the work.	10548

A court may permit any offender convicted of a felony or a	10549
misdemeanor to satisfy the payment of a fine imposed for the	10550
offense pursuant to section 2929.18 or 2929.28 of the Revised Code	10551
by performing supervised community service work as described in	10552
this division if the offender requests an opportunity to satisfy	10553
the payment by this means and if the court determines that the	10554
offender is financially unable to pay the fine.	10555

The supervised community service work that may be imposed	10556
under this division shall be subject to the following limitations:	10557

(a)(1) The court shall fix the period of the work and, if	10558
necessary, shall distribute it over weekends or over other	10559
appropriate times that will allow the offender to continue at the	10560
offender's occupation or to care for the offender's family. The	10561
period of the work as fixed by the court shall not exceed anin	10562
the aggregate of two hundredthe number of hours of community	10563
service imposed by the court pursuant to section 2929.17 or	10564
2929.27 of the Revised Code.	10565

(b)(2) An agency, political subdivision, or charitable	10566
organization must agree to accept the offender for the work before	10567
the court requires the offender to perform the work for the	10568
entity. A court shall not require an offender to perform	10569
supervised community service work for an agency, political	10570
subdivision, or charitable organization at a location that is an	10571
unreasonable distance from the offender's residence or domicile,	10572
unless the offender is provided with transportation to the	10573
location where the work is to be performed.	10574

(c)(3) A court may enter into an agreement with a county	10575
department of job and family services for the management,	10576
placement, and supervision of offenders eligible for community	10577
service work in work activities, developmental activities, and	10578
alternative work activities under sections 5107.40 to 5107.69 of	10579
the Revised Code. If a court and a county department of job and	10580
family services have entered into an agreement of that nature, the	10581
clerk of that court is authorized to pay directly to the county	10582
department all or a portion of the fees collected by the court	10583
pursuant to this division in accordance with the terms of its	10584
agreement.	10585

(d)(4) Community service work that a court requires under	10586
this division shall be supervised by an official of the agency,	10587
political subdivision, or charitable organization for which the	10588
work is performed or by a person designated by the agency,	10589
political subdivision, or charitable organization. The official	10590
or designated person shall be qualified for the supervision by	10591
education, training, or experience, and periodically shall report,	10592
in writing, to the court and to the offender's probation officer	10593
concerning the conduct of the offender in performing the work.	10594

(2) When an offender is convicted of a felony, the court may	10595
impose pursuant to sections 2929.15 and 2929.17 of the Revised	10596
Code a sanction that requires the offender to perform supervised	10597
community service work in accordance with this division and under	10598
the authority of any agency, political subdivision, or charitable	10599
organization as described in division (F)(1) of this section. The	10600
court may require an offender who is ordered to perform the work	10601
to pay to it a reasonable fee to cover the costs of the offender's	10602
participation in the work, including, but not limited to, the	10603
costs of procuring a policy or policies of liability insurance to	10604
cover the period during which the offender will perform the work.	10605

A court may permit an offender convicted of a felony to	10606
satisfy the payment of a fine imposed for the offense pursuant to	10607
section 2929.18 of the Revised Code by performing supervised	10608
community service work as described in this division if the court	10609
determines that the offender is financially unable to pay the	10610
fine.	10611

The supervised community service work that may be imposed	10612
under this division shall be subject to the limitations specified	10613
in divisions (F)(1)(a) to (d) of this section, except that the	10614
court is not required to obtain the agreement of the offender to	10615
impose supervised community work as a sanction. Additionally, the	10616
(5) The total of any period of supervised community service work	10617
imposed on an offender under this division (B) of this section	10618
plus the period of all other sanctions imposed pursuant to	10619
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised	10620
Code for a felony, or pursuant to sections 2929.25, 2929.26,	10621
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall	10622
not exceed five years.	10623

(G)(C)(1) WhenIf an offender is convicted of a violation of	10624
section 4511.19 of the Revised Code, a municipal ordinance	10625
relating to operating a vehicle while under the influence of	10626
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a	10627
municipal ordinance relating to operating a vehicle with a	10628
prohibited concentration of alcohol in the blood, breath, or	10629
urine, the court may require, as a condition of probation in	10630
addition to the required conditions of probation and the	10631
discretionary conditions of probation that may be imposed pursuant	10632
to division (C) of this sectiona community control sanction, any	10633
suspension or revocation of a driver's or commercial driver's	10634
license or permit or nonresident operating privilege, and all	10635
other penalties provided by law or by ordinance, that the offender	10636
operate only a motor vehicle equipped with an ignition interlock	10637
device that is certified pursuant to section 4511.83 of the	10638
Revised Code.	10639

(2) WhenIf a court requires an offender, as a condition of	10640
probationa community control sanction pursuant to division	10641
(G)(C)(1) of this section, to operate only a motor vehicle	10642
equipped with an ignition interlock device that is certified	10643
pursuant to section 4511.83 of the Revised Code, the offender	10644
immediately shall surrender the offender's driver's or commercial	10645
driver's license or permit to the court. Upon the receipt of the	10646
offender's license or permit, the court shall issue an order	10647
authorizing the offender to operate a motor vehicle equipped with	10648
a certified ignition interlock device, deliver the offender's	10649
license or permit to the bureau of motor vehicles, and include in	10650
the abstract of the case forwarded to the bureau pursuant to	10651
section 4507.021 of the Revised Code the conditions of probation	10652
the community control sanction imposed pursuant to division	10653
(G)(C)(1) of this section. The court shall give the offender a	10654
copy of its order, and that copy shall be used by the offender in	10655
lieu of a driver's or commercial driver's license or permit until	10656
the bureau issues a restricted license to the offender.	10657

(3) Upon receipt of an offender's driver's or commercial	10658
driver's license or permit pursuant to division (G)(C)(2) of this	10659
section, the bureau of motor vehicles shall issue a restricted	10660
license to the offender. The restricted license shall be	10661
identical to the surrendered license, except that it shall have	10662
printed on its face a statement that the offender is prohibited	10663
from operating a motor vehicle that is not equipped with an	10664
ignition interlock device that is certified pursuant to section	10665
4511.83 of the Revised Code. The bureau shall deliver the	10666
offender's surrendered license or permit to the court upon receipt	10667
of a court order requiring it to do so, or reissue the offender's	10668
license or permit under section 4507.54 of the Revised Code if the	10669
registrar destroyed the offender's license or permit under that	10670
section. The offender shall surrender the restricted license to	10671
the court upon receipt of the offender's surrendered license or	10672
permit.	10673

(4) If an offender violates a requirement of the court	10674
imposed under division (G)(C)(1) of this section, the offender's	10675
driver's or commercial driver's license or permit or nonresident	10676
operating privilege may be suspended as provided in section	10677
4507.16 of the Revised Code.	10678

(H) As used in this section:

10679

(1) "Repeat offender" and "dangerous offender" have the same	10680
meanings as in section 2935.36 of the Revised Code.	10681

(2) "Firearm" and "dangerous ordnance" have the same	10682
meanings as in section 2923.11 of the Revised Code.	10683

(3) "Theft offense" has the same meaning as in section	10684
2913.01 of the Revised Code.	10685

(4) "Random drug testing" has the same meaning as in section	10686
5120.63 of the Revised Code.	10687

(5) "Ignition interlock device" has the same meaning as in	10688
section 4511.83 of the Revised Code.	10689

Sec. 2951.021.  (A) As used in this section:

10690

(1) "Multicounty department of probation" means a probation	10691
department established under section 2301.27 of the Revised Code	10692
to serve more than one county.	10693

(2) "Probation agency" means a county department of	10694
probation, a multicounty department of probation, a municipal	10695
court department of probation established under section 1901.33 of	10696
the Revised Code, or the adult parole authority.	10697

(3) "County-operated municipal court" and "legislative	10698
authority" have the same meanings as in section 1901.03 of the	10699
Revised Code.	10700

(4) "Detention facility" has the same meaning as in section	10701
2921.01 of the Revised Code.	10702

(B)(1) If a court places a misdemeanor offender on probation	10703
under a community control sanction under section 2929.26, 2929.27,	10704
or 2929.28 of the Revised Code or places a felony offender under a	10705
community control sanction under section 2929.16, 2929.17, or	10706
2929.18 of the Revised Code and if the court places the offender	10707
under the control and supervision of a probation agency, the court	10708
may require the offender, as a condition of probation or of	10709
community control, to pay a monthly supervision fee of not more	10710
than fifty dollars for supervision services. If the court	10711
requires an offender to pay a monthly supervision fee and the	10712
offender will be under the control of a county department of	10713
probation, a multicounty department of probation, or a municipal	10714
court department of probation established under section 1901.33 of	10715
the Revised Code, the court shall specify whether the offender is	10716
to pay the fee to the probation agency that will have control over	10717
the offender or to the clerk of the court for which the	10718
supervision agency is established. If the court requires an	10719
offender to pay a monthly probation fee and the offender will be	10720
under the control of the adult parole authority, the court shall	10721
specify that the offender is to pay the fee to the clerk of the	10722
court of common pleas.	10723

(2) No person shall be assessed, in any month, more than	10724
fifty dollars in supervision fees.	10725

(3) The prosecuting attorney of the county or the chief	10726
legal officer of a municipal corporation in which is located the	10727
court that imposed sentence upon an offender may bring a civil	10728
action to recover unpaid monthly supervision fees that the	10729
offender was required to pay. Any amount recovered in the civil	10730
action shall be paid into the appropriate county or municipal	10731
probation services fund in accordance with division (C)(B) of this	10732
section.	10733

(4) The failure of an offender to comply with a condition of	10734
probation or of community control that requires the offender to	10735
pay a monthly supervision fee and that is imposed under division	10736
(B)(A)(1) of this section shall not constitute the basis for a	10737
revocation of the offender's probation and the imposition of the	10738
offender's sentence under section 2951.09 of the Revised Code or	10739
the modification of the offender's community control sanctions	10740
pursuant to section 2929.15 or2929.25 of the Revised Code but may	10741
be considered with any other factors that form the basis of a	10742
revocation of probation or modification of a sanction for	10743
violating a community control sanction under those sections. If	10744
the court determines at a hearing held pursuant to section 2951.09	10745
of the Revised Code that a misdemeanor offender on probation	10746
community control failed to pay a monthly supervision fee imposed	10747
under division (B)(A)(1) of this section and that no other factors	10748
warranting revocation of probationthe modification of the	10749
offender's community control sanction are present, the court shall	10750
not revoke the offender's probation, shall remand the offender to	10751
the custody of the probation agency, and may impose any additional	10752
conditions of probationcommunity control upon the offender,	10753
including a requirement that the offender perform community	10754
service, as the ends of justice require. Any requirement imposed	10755
pursuant to division (B)(A)(4) of this section that the offender	10756
perform community service shall be in addition to and shall not	10757
limit or otherwise affect any order that the offender perform	10758
community service pursuant to division (F)(1)(a)(B) of section	10759
2951.02 of the Revised Code.	10760

(C)(B) Prior to the last day of the month in each month	10761
during the period of probation or of community control, an	10762
offender who is ordered to pay a monthly supervision fee under	10763
this section shall pay the fee to the probation agency that has	10764
control and supervision over the offender or to the clerk of the	10765
court for which the probation agency is established, as specified	10766
by the court, except that, if the probation agency is the adult	10767
parole authority, the offender shall pay the fee to the clerk of	10768
the court of common pleas. Each probation agency or clerk of a	10769
court that receives any monthly supervision fees shall keep a	10770
record of the monthly supervision fees that are paid to the agency	10771
or the clerk and shall give a written receipt to each person who	10772
pays a supervision fee to the agency or clerk.	10773

(D)(C) Subject to division (F)(E) of this section, all	10774
monthly supervision fees collected under this section by a	10775
probation agency or the clerk of a court shall be disposed of in	10776
the following manner:	10777

(1) For offenders who are under the control and supervision	10778
of a county department of probation or a municipal court	10779
department of probation in a county-operated municipal court, on	10780
or before the fifth business day of each month, the chief	10781
probation officer, the chief probation officer's designee, or the	10782
clerk of the court shall pay all monthly supervision fees	10783
collected in the previous month to the county treasurer of the	10784
county in which the county department of probation or municipal	10785
court department of probation is established for deposit into the	10786
county probation services fund established in the county treasury	10787
of that county pursuant to division (A)(1) section 321.44 of the	10788
Revised Code.	10789

(2) For offenders who are under the control and supervision	10790
of a multicounty department of probation, on or before the fifth	10791
business day of each month, the chief probation officer, the chief	10792
probation officer's designee, or the clerk of the court shall pay	10793
all monthly supervision fees collected in the previous month to	10794
the county treasurer of the county in which is located the court	10795
of common pleas that placed the offender on probation or under a	10796
community control sanction under the control of the department for	10797
deposit into the county probation services fund established in the	10798
county treasury of that county pursuant to division (A)(1) of	10799
section 321.44 of the Revised Code and for subsequent	10800
appropriation and transfer in accordance with division (A)(2) of	10801
that section to the appropriate multicounty probation services	10802
fund established pursuant to division (B) of that section.	10803

(3) For offenders who are under the control and supervision	10804
of a municipal court department of probation in a municipal court	10805
that is not a county-operated municipal court, on or before the	10806
fifth business day of each month, the chief probation officer, the	10807
chief probation officer's designee, or the clerk of the court	10808
shall pay all monthly supervision fees collected in the previous	10809
month to the treasurer of the municipal corporation for deposit	10810
into the municipal probation services fund established pursuant to	10811
section 737.41 of the Revised Code.	10812

(4) For offenders who are under the control and supervision	10813
of the adult parole authority, the clerk of the court of common	10814
pleas, on or before the fifth business day of January, April,	10815
July, and October, shall pay all monthly supervision fees	10816
collected by the clerk in the previous three months to the	10817
treasurer of the county in which is located the court of common	10818
pleas that placed the offender on probation or under a community	10819
control sanction under the control of the authority for deposit	10820
into the county probation services fund established in the county	10821
treasury of that county pursuant to division (A)(1) of section	10822
321.44 of the Revised Code and for subsequent appropriation and	10823
transfer in accordance with division (A)(2) of that section to the	10824
adult parole authority probation services fund established	10825
pursuant to section 5149.06 of the Revised Code.	10826

(E)(D) Not later than the first day of December of each	10827
year, each probation agency shall prepare a report regarding its	10828
use of money from a county probation services fund, a multicounty	10829
probation services fund, a municipal probation services fund, or	10830
the adult parole authority probation services fund, whichever is	10831
applicable. The report shall specify the amount appropriated from	10832
the fund to the probation agency during the current calendar year,	10833
an estimate of the amount that the probation agency will expend by	10834
the end of the year, a summary of how the amount appropriated has	10835
been expended for probation services, and an estimate of the	10836
amount of supervision fees that the probation agency will collect	10837
and pay to the appropriate treasurer for deposit in the	10838
appropriate fund in the next calendar year. The report shall be	10839
filed with one of the following:	10840

(1) If the probation agency is a county department of	10841
probation or a municipal court department of probation in a	10842
county-operated municipal court, with the board of county	10843
commissioners of that county;	10844

(2) If the probation agency is a multicounty department of	10845
probation, with the board of county commissioners of the county	10846
whose treasurer, in accordance with section 2301.27 of the Revised	10847
Code, is designated as the treasurer to whom supervision fees	10848
collected under this section are to be appropriated and	10849
transferred under division (A)(2) of section 321.44 of the Revised	10850
Code;	10851

(3) If the probation agency is a department of probation of	10852
a municipal court that is not a county-operated municipal court,	10853
with the legislative authority of the municipal corporation that	10854
operates the court;	10855

(4) If the probation agency is the adult parole authority,	10856
with the chairmenchairpersons of the finance committees of the	10857
senate and the house of representatives, the directors of the	10858
office of budget and management and the legislative budget office	10859
service commission, and the board of county commissioners in each	10860
county for which the adult parole authority provides probation	10861
services.	10862

(F)(E) If the clerk of a court of common pleas or the clerk	10863
of a municipal court collects any monthly supervision fees under	10864
this section, the clerk may retain up to two per cent of the fees	10865
so collected to cover any administrative costs experienced in	10866
complying with the clerk's duties under this section.	10867

Sec. 2951.041.  (A)(1) If an offender is charged with a	10868
criminal offense and the court has reason to believe that drug or	10869
alcohol usage by the offender was a factor leading to the	10870
offender's criminal behavior, the court may accept, prior to the	10871
entry of a guilty plea, the offender's request for intervention in	10872
lieu of conviction. The request shall include a waiver of the	10873
defendant's right to a speedy trial, the preliminary hearing, the	10874
time period within which the grand jury may consider an indictment	10875
against the offender, and arraignment, unless the hearing,	10876
indictment, or arraignment has already occurred. The court may	10877
reject an offender's request without a hearing. If the court	10878
elects to consider an offender's request, the court shall conduct	10879
a hearing to determine whether the offender is eligible under this	10880
section for intervention in lieu of conviction and shall stay all	10881
criminal proceedings pending the outcome of the hearing. If the	10882
court schedules a hearing, the court shall order an assessment of	10883
the offender for the purpose of determining the offender's	10884
eligibility for intervention in lieu of conviction and	10885
recommending an appropriate intervention plan.	10886

(2) The victim notification provisions of division (C) of	10887
section 2930.08 of the Revised Code apply in relation to any	10888
hearing held under division (A)(1) of this section.	10889

(B)(1) An offender is eligible for intervention in lieu of	10890
conviction if the court finds all of the following:	10891

(1)(a) The offender previously has not been convicted of or	10892
pleaded guilty to a felony, previously has not been through	10893
intervention in lieu of conviction under this section or any	10894
similar regimen, and is charged with a felony for which the court,	10895
upon conviction, would impose sentence under division (B)(2)(b) of	10896
section 2929.13 of the Revised Code or with a misdemeanor.	10897

(2)(b) The offense is not a felony of the first, second, or	10898
third degree, is not an offense of violence, is not a violation of	10899
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	10900
not a violation of division (A)(1) of section 2903.08 of the	10901
Revised Code, is not a violation of division (A) of section	10902
4511.19 of the Revised Code or a municipal ordinance that is	10903
substantially similar to that division, and is not an offense for	10904
which a sentencing court is required to impose a mandatory prison	10905
term, a mandatory term of local incarceration, or a mandatory term	10906
of imprisonment in a jail.	10907

(3)(c) The offender is not charged with a violation of	10908
section 2925.02, 2925.03, 2925.04, 2925.06, or 2925.11 of the	10909
Revised Code that is a felony of the first, second, or third	10910
degree.	10911

(4)(d) The offender is not charged with a violation of	10912
section 2925.11 of the Revised Code that is a felony of the fourth	10913
degree, or the offender is charged with a violation of that	10914
section that is a felony of the fourth degree, and the prosecutor	10915
in the case has recommended that the offender be classified as	10916
being eligible for intervention in lieu of conviction under this	10917
section.	10918

(5)(e) The offender has been assessed by an appropriately	10919
licensed provider, certified facility, or licensed and	10920
credentialed professional, including, but not limited to, a	10921
program licensed by the department of alcohol and drug addiction	10922
services pursuant to section 3793.11 of the Revised Code, a	10923
program certified by that department pursuant to section 3793.06	10924
of the Revised Code, a public or private hospital, the United	10925
States department of veterans affairs, another appropriate agency	10926
of the government of the United States, or a licensed physician,	10927
psychiatrist, psychologist, independent social worker,	10928
professional counselor, or chemical dependency counselor for the	10929
purpose of determining the offender's eligibility for intervention	10930
in lieu of conviction and recommending an appropriate intervention	10931
plan.	10932

(6)(f) The offender's drug or alcohol usage was a factor	10933
leading to the criminal offense with which the offender is	10934
charged, intervention in lieu of conviction would not demean the	10935
seriousness of the offense, and intervention would substantially	10936
reduce the likelihood of any future criminal activity.	10937

(7) The alleged victim of the offense was not sixty-five	10938
years of age or older, permanently and totally disabled, under	10939
thirteen years of age, or a peace officer engaged in the officer's	10940
official duties at the time of the alleged offense.	10941

(8) If the offender is charged with a violation of section	10942
2925.24 of the Revised Code, the alleged violation did not result	10943
in physical harm to any person, and the offender previously has	10944
not been treated for drug abuse.	10945

(9) The offender is willing to comply with all terms and	10946
conditions imposed by the court pursuant to division (D) of this	10947
section.	10948

(C)(2) At the conclusion of a hearing held pursuant to	10949
division (A) of this section, the court shall enter its	10950
determination as to whether the offender is eligible for	10951
intervention in lieu of conviction and as to whether to grant the	10952
offender's request. If the court finds under division (B)(1) of	10953
this section that the offender is eligible for treatment	10954
intervention in lieu of conviction and grants the offender's	10955
request, the court shall accept the offender's plea of guilty and	10956
waiver of the defendant's right to a speedy trial, the preliminary	10957
hearing, the time period within which the grand jury may consider	10958
an indictment against the offender, and arraignment, unless the	10959
hearing, indictment, or arraignment has already occurred. In	10960
addition, the court then may stay all criminal proceedings and	10961
order the offender to comply with all terms and conditions imposed	10962
by the court pursuant to division (D) of this section. If the	10963
court finds that the offender is not eligible or does not grant	10964
the offender's request, the criminal proceedings against the	10965
offender shall proceed as if the offender's request for	10966
intervention in lieu of conviction had not been made.	10967

(D) If the court grants an offender's request for	10968
intervention in lieu of conviction, the court shall place the	10969
offender under the general control and supervision of the county	10970
probation department, the adult parole authority, or another	10971
appropriate local probation or court services agency, if one	10972
exists, as if the offender was subject to a community control	10973
sanction imposed under section 2929.15 or, 2929.18, or 2929.25 of	10974
the Revised Code or was on probation under sections 2929.51 and	10975
2951.02 of the Revised Code and other provisions of the	10976
misdemeanor sentencing law. The court shall establish an	10977
intervention plan for the offender. The terms and conditions of	10978
the intervention plan shall require the offender, for at least one	10979
year from the date on which the court grants the order of	10980
intervention in lieu of conviction, to abstain from the use of	10981
illegal drugs and alcohol and to submit to regular random testing	10982
for drug and alcohol use and may include any other treatment terms	10983
and conditions, or terms and conditions similar to community	10984
control sanctions, that are ordered by the court.	10985

(E) If the court grants an offender's request for	10986
intervention in lieu of conviction and the court finds that the	10987
offender has successfully completed the intervention plan for the	10988
offender, including the requirement that the offender abstain from	10989
using drugs and alcohol for a period of at least one year from the	10990
date on which the court granted the order of intervention in lieu	10991
of conviction and all other terms and conditions ordered by the	10992
court, the court shall dismiss the proceedings against the	10993
offender. Successful completion of the intervention plan and	10994
period of abstinence under this section shall be without	10995
adjudication of guilt and is not a criminal conviction for	10996
purposes of any disqualification or disability imposed by law and	10997
upon conviction of a crime, and the court may order the sealing of	10998
records related to the offense in question in the manner provided	10999
in sections 2953.31 to 2953.36 of the Revised Code.	11000

(F) If the court grants an offender's request for	11001
intervention in lieu of conviction and the offender fails to	11002
comply with any term or condition imposed as part of the	11003
intervention plan for the offender, the supervising authority for	11004
the offender promptly shall advise the court of this failure, and	11005
the court shall hold a hearing to determine whether the offender	11006
failed to comply with any term or condition imposed as part of the	11007
plan. If the court determines that the offender has failed to	11008
comply with any of those terms and conditions, it shall enter a	11009
finding of guilty and shall impose an appropriate sanction under	11010
Chapter 2929. of the Revised Code.	11011

(G) As used in this section:

11012

(1) "Community control sanction" has the same meaning as in	11013
section 2929.01 of the Revised Code.	11014

(2) "Intervention in lieu of conviction" means any	11015
court-supervised activity that complies with this section.	11016

(3) "Peace officer" has the same meaning as in section	11017
2935.01 of the Revised Code.	11018

Sec. 2951.05.  (A) If an offender mentioned in section	11019
2951.02 of the Revised Code resides in the county in which the	11020
trial was conducted, the court that issues an order of probation	11021
shall place the offender under the control and supervision of a	11022
department of probation in the county that serves the court. If	11023
there is no department of probation in the county that serves the	11024
court, the probation order, under section 2301.32 of the Revised	11025
Code, may place the offender on probation in charge of the adult	11026
parole authority created by section 5149.02 of the Revised Code	11027
that then shall have the powers and duties of a county department	11028
of probation. If the offender resides in a county other than the	11029
county in which the court granting probation is located and a	11030
county department of probation has been established in the county	11031
of residence or the county of residence is served by a multicounty	11032
probation department, the order of probation may request the court	11033
of common pleas of the county in which the offender resides to	11034
receive the offender into the control and supervision of that	11035
county or multicounty department of probation, subject to the	11036
jurisdiction of the trial judge over and with respect to the	11037
person of the offender, and to the rules governing that department	11038
of probation. If the offender's county of residence has no county	11039
or multicounty department of probation, the judge may place the	11040
offender on probation in charge of the adult parole authority	11041
created by section 5149.02 of the Revised Code.	11042

(B)(1) A county department of probation, a multicounty	11043
department of probation, or the adult parole authority, as	11044
appropriate under division (A) of this section, that has general	11045
control and supervision of offenders who are required to submit to	11046
random drug testing under division (C)(1)(c)(A)(1)(a) of section	11047
2951.022929.25 of the Revised Code or who are subject to a	11048
nonresidential sanction that includes random drug testing under	11049
section 2929.17 or 2929.27 of the Revised Code, may cause each	11050
offender to submit to random drug testing performed by a	11051
laboratory or entity that has entered into a contract with any of	11052
the governmental entities or officers authorized to enter into a	11053
contract with that laboratory or entity under section 341.26,	11054
753.33, or 5120.63 of the Revised Code.	11055

(2) If no laboratory or entity described in division	11056
(B)(A)(1) of this section has entered into a contract as specified	11057
in those divisionsthat division, the county department of	11058
probation, the multicounty department of probation, or the adult	11059
parole authority, as appropriate, that has general control and	11060
supervision of offenders described in division (B)(1) of this	11061
section shall cause the offender to submit to random drug testing	11062
performed by a reputable public laboratory to determine whether	11063
the individual who is the subject of the drug test ingested or was	11064
injected with a drug of abuse.	11065

(3) A laboratory or entity that has entered into a contract	11066
pursuant toas specified in division (A)(1) of this section	11067
341.26, 753.33, or 5120.63 of the Revised Code shall perform the	11068
random drug testing under division (B)(1) of this section in	11069
accordance with the applicable standards that are included in the	11070
terms of that contract. A public laboratory shall perform the	11071
random drug tests under division (B)(3) of this section in	11072
accordance with the standards set forth in the policies and	11073
procedures established by the department of rehabilitation and	11074
correction pursuant to section 5120.63 of the Revised Code. An	11075
offender who is required to submit to random drug testing under	11076
division (C)(1)(c) of section 2951.02 of the Revised Code or who	11077
is subject to a nonresidential sanction that includes random drug	11078
testing under section 2929.17 or 2929.27 of the Revised Code shall	11079
pay the fee for the drug test if the test results indicate that	11080
the offender ingested or was injected with a drug of abuse and if	11081
the county department of probation, the multicounty department of	11082
probation, or the adult parole authority that has general control	11083
and supervision of the offender requires payment of a fee. A	11084
laboratory or entity that performs the random drug testing on an	11085
offender under division (B)(1) or (2) of this section shall	11086
transmit the results of the drug test to the appropriate county	11087
probation department, multicounty probation department, or adult	11088
parole authority that has general control and supervision of the	11089
offender.	11090

(C)(B) As used in this section:

11091

(1) "Multicounty department of probation" means a probation	11092
department established under section 2301.27 of the Revised Code	11093
to serve more than one county.	11094

(2) "Random drug testing" has the same meaning as in section	11095
5120.63 of the Revised Code.	11096

Sec. 2951.06.  Upon entry in the records of the judge or	11097
magistrate, of the order for probationsentence of a community	11098
control sanction provided for in section 2951.022929.15or	11099
2929.25 of the Revised Code, the defendant shall be released from	11100
custody as soon as the requirements and conditions required by the	11101
judge supervising the probation,community control sanction have	11102
been met. The defendant shall continue under the control and	11103
supervision of the adult parole authority created by section	11104
5149.02 of the Revised Code or the county department of	11105
appropriate probation agency, to the extent required by law, the	11106
conditions of the order of probationcommunity control sanction,	11107
and the rules and regulations governing said agency ofthe	11108
probation agency.	11109

Sec. 2951.07. Probation under section 2951.02 of the Revised	11110
CodeA community control sanction continues for the period that	11111
the judge or magistrate determines and, subject to division	11112
(F)(1)(a) of thatthe five-year limit specified in section 2929.15	11113
or2929.25of the Revised Code, may be extended. Except as	11114
provided in division (F)(1)(a) of that section, the total period	11115
of an offender's probation shall not exceed five years. If the	11116
probationeroffender under community control absconds or otherwise	11117
absents himself or herself fromleaves the jurisdiction of the	11118
court without permission from the county department of probation	11119
officer, the probation agency, or the court to do so, or if the	11120
probationeroffender is confined in any institution for the	11121
commission of any offense whatever, the probation period of	11122
community control ceases to run until suchthe time asthat the	11123
probationeroffender is brought before the court for its further	11124
action.	11125

Sec. 2951.08.  (A) During a period of probation or community	11126
control, any field officer or probation officer may arrest the	11127
person on probation or under a community control sanction without	11128
a warrant and bring the person before the judge or magistrate	11129
before whom the cause was pending. During a period of probation	11130
or community control, any peace officer may arrest the person on	11131
probation or under a community control sanction without a warrant	11132
upon the written order of the chief county probation officer of	11133
the probation agency if the person on probation or under a	11134
community control sanction is under the supervision of that county	11135
department of probation agency or on the order of an officer of	11136
the adult parole authority created pursuant to section 5149.02 of	11137
the Revised Code if the person on probation or under a community	11138
control sanction is under the supervision of the authority. During	11139
a period of probation or community control, any peace officer may	11140
arrest the person on probation or under a community control	11141
sanction on the warrant of the judge or magistrate before whom the	11142
cause was pending.	11143

During a period of probation or community control, any peace	11144
officer may arrest the person on probation or under a community	11145
control sanction without a warrant if the peace officer has	11146
reasonable ground to believe that the person has violated or is	11147
violating any of the following that is a condition of the person's	11148
probation or of the person's community control sanction:	11149

(1) A condition that prohibits ownership, possession, or use	11150
of a firearm, deadly weapon, ammunition, or dangerous ordnance;	11151

(2) A condition that prohibits the person from being within	11152
a specified structure or geographic area;	11153

(3) A condition that confines the person to a residence,	11154
facility, or other structure;	11155

(4) A condition that prohibits the person from contacting or	11156
communicating with any specified individual;	11157

(5) A condition that prohibits the person from associating	11158
with a specified individual;	11159

(6) A condition as provided in division (C)(1)(c)(A)(1)(a)	11160
of section 2951.022929.25 of the Revised Code or in division	11161
(A)(1) of section 2929.15 or (A)(8) of section 2929.27 of the	11162
Revised Code that requires that the person not ingest or be	11163
injected with a drug of abuse and submit to random drug testing	11164
and requires that the results of the drug test indicate that the	11165
person did not ingest or was not injected with a drug of abuse.	11166

(B) Upon making an arrest under this section, the arresting	11167
field officer, probation officer, or peace officer or the	11168
department or agency of the arresting officer promptly shall	11169
notify the chief probation officer or the chief probation	11170
officer's designee that the person has been arrested. Upon being	11171
notified that a peace officer has made an arrest under this	11172
section, the chief probation officer or designee, or another	11173
probation officer designated by the chief probation officer,	11174
promptly shall bring the person who was arrested before the judge	11175
or magistrate before whom the cause was pending.	11176

(C) Nothing in this section limits the powers of arrest	11177
granted to certain law enforcement officers and citizens under	11178
sections 2935.03 and 2935.04 of the Revised Code.	11179

(D) A probation officer shall receive the actual and	11180
necessary expenses incurred in the performance of the officer's	11181
duties.	11182

(E) As used in this section:

11183

(1) "Peace officer" has the same meaning as in section	11184
2935.01 of the Revised Code.	11185

(2) "Firearm," "deadly weapon," and "dangerous ordnance"	11186
have the same meanings as in section 2923.11 of the Revised Code.	11187

(3) "Community control sanction" has the same meaning as in	11188
section 2929.01 of the Revised Code.	11189

(4) "Random, "random drug testing" has the same meaning as	11190
in section 5120.63 of the Revised Code.	11191

Sec. 2951.10.  An order suspending the imposition of a	11192
sentence for a misdemeanor under section 2929.25 of the Revised	11193
Code and placing the defendant on probationunder a community	11194
control sanction is a final order from which appeal may be	11195
prosecuted.	11196

Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the	11197
Revised Code:	11198

(A) "First offender" means anyone who has been convicted of	11199
an offense in this state or any other jurisdiction and who	11200
previously or subsequently has not been convicted of the same or a	11201
different offense in this state or any other jurisdiction. When	11202
two or more convictions result from or are connected with the same	11203
act or result from offenses committed at the same time, they shall	11204
be counted as one conviction. When two or three convictions	11205
result from the same indictment, information, or complaint, from	11206
the same plea of guilty, or from the same official proceeding, and	11207
result from related criminal acts that were committed within a	11208
three-month period but do not result from the same act or from	11209
offenses committed at the same time, they shall be counted as one	11210
conviction, provided that a court may decide as provided in	11211
division (C)(1)(a) of section 2953.32 of the Revised Code that it	11212
is not in the public interest for the two or three convictions to	11213
be counted as one conviction.	11214

For purposes of, and except as otherwise provided in, this	11215
division, a conviction for a minor misdemeanor, a conviction for a	11216
violation of any section in Chapter 4511., 4513., or 4549. of the	11217
Revised Code, or a conviction for a violation of a municipal	11218
ordinance that is substantially similar to any section in those	11219
chapters is not a previous or subsequent conviction. A conviction	11220
for a violation of section 4511.19, 4511.192, 4511.251, 4549.02,	11221
4549.021, 4549.03, 4549.042, or 4549.07 or sections 4549.41 to	11222
4549.46 of the Revised Code, or a conviction for a violation of a	11223
municipal ordinance that is substantially similar to any of those	11224
sections, shall be considered a previous or subsequent conviction.	11225

(B) "Prosecutor" means the county prosecuting attorney, city	11226
director of law, village solicitor, or similar chief legal	11227
officer, who has the authority to prosecute a criminal case in the	11228
court in which the case is filed.	11229

(C) "Bail forfeiture" means the forfeiture of bail by a	11230
defendant who is arrested for the commission of a misdemeanor,	11231
other than a defendant in a traffic case as defined in Traffic	11232
Rule 2, if the forfeiture is pursuant to an agreement with the	11233
court and prosecutor in the case.	11234

(D) "Official records" has the same meaning as in division	11235
(D) of section 2953.51 of the Revised Code.	11236

(E) "Official proceeding" has the same meaning as in section	11237
2921.01 of the Revised Code.	11238

(F) "Community control sanction" has the same meaning as in	11239
section 2929.01 of the Revised Code.	11240

(G) "Post-release control" and "post-release control	11241
sanction" have the same meanings as in section 2967.01 of the	11242
Revised Code.	11243

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	11244
of the Revised Code, a first offender may apply to the sentencing	11245
court if convicted in this state, or to a court of common pleas if	11246
convicted in another state or in a federal court, for the sealing	11247
of the conviction record. Application may be made at the	11248
expiration of three years after the offender's final discharge if	11249
convicted of a felony, or at the expiration of one year after the	11250
offender's final discharge if convicted of a misdemeanor.	11251

(2) Any person who has been arrested for any misdemeanor	11252
offense and who has effected a bail forfeiture may apply to the	11253
court in which the misdemeanor criminal case was pending when bail	11254
was forfeited for the sealing of the record of the case. Except	11255
as provided in section 2953.61 of the Revised Code, the	11256
application may be filed at any time after the expiration of one	11257
year from the date on which the bail forfeiture was entered upon	11258
the minutes of the court or the journal, whichever entry occurs	11259
first.	11260

(B) Upon the filing of an application under this section,	11261
the court shall set a date for a hearing and shall notify the	11262
prosecutor for the case of the hearing on the application. The	11263
prosecutor may object to the granting of the application by filing	11264
an objection with the court prior to the date set for the hearing.	11265
The prosecutor shall specify in the objection the reasons for	11266
believing a denial of the application is justified. The court	11267
shall direct its regular probation officer, a state probation	11268
officer, or the department of probation of the county in which the	11269
applicant resides to make inquiries and written reports as the	11270
court requires concerning the applicant.	11271

(C)(1) The court shall do each of the following:

11272

(a) Determine whether the applicant is a first offender or	11273
whether the forfeiture of bail was agreed to by the applicant and	11274
the prosecutor in the case. If the applicant applies as a first	11275
offender pursuant to division (A)(1) of this section and has two	11276
or three convictions that result from the same indictment,	11277
information, or complaint, from the same plea of guilty, or from	11278
the same official proceeding, and result from related criminal	11279
acts that were committed within a three-month period but do not	11280
result from the same act or from offenses committed at the same	11281
time, in making its determination under this division, the court	11282
initially shall determine whether it is not in the public interest	11283
for the two or three convictions to be counted as one conviction.	11284
If the court determines that it is not in the public interest for	11285
the two or three convictions to be counted as one conviction, the	11286
court shall determine that the applicant is not a first offender;	11287
if the court does not make that determination, the court shall	11288
determine that the offender is a first offender.	11289

(b) Determine whether criminal proceedings are pending	11290
against the applicant;	11291

(c) If the applicant is a first offender who applies	11292
pursuant to division (A)(1) of this section, determine whether the	11293
applicant has been rehabilitated to the satisfaction of the court;	11294

(d) If the prosecutor has filed an objection in accordance	11295
with division (B) of this section, consider the reasons against	11296
granting the application specified by the prosecutor in the	11297
objection;	11298

(e) Weigh the interests of the applicant in having the	11299
records pertaining to the applicant's conviction sealed against	11300
the legitimate needs, if any, of the government to maintain those	11301
records.	11302

(2) If the court determines, after complying with division	11303
(C)(1) of this section, that the applicant is a first offender or	11304
the subject of a bail forfeiture, that no criminal proceeding is	11305
pending against the applicant, and that the interests of the	11306
applicant in having the records pertaining to the applicant's	11307
conviction or bail forfeiture sealed are not outweighed by any	11308
legitimate governmental needs to maintain those records, and that	11309
the rehabilitation of an applicant who is a first offender	11310
applying pursuant to division (A)(1) of this section has been	11311
attained to the satisfaction of the court, the court, except as	11312
provided in division (G) of this section, shall order all official	11313
records pertaining to the case sealed and, except as provided in	11314
division (F) of this section, all index references to the case	11315
deleted and, in the case of bail forfeitures, shall dismiss the	11316
charges in the case. The proceedings in the case shall be	11317
considered not to have occurred and the conviction or bail	11318
forfeiture of the person who is the subject of the proceedings	11319
shall be sealed, except that upon conviction of a subsequent	11320
offense, the sealed record of prior conviction or bail forfeiture	11321
may be considered by the court in determining the sentence or	11322
other appropriate disposition, including the relief provided for	11323
in sections 2953.31 to 2953.33 of the Revised Code.	11324

(3) Upon the filing of an application under this section,	11325
the applicant, unless indigent, shall pay a fee of fifty dollars.	11326
The court shall pay thirty dollars of the fee into the state	11327
treasury. It shall pay twenty dollars of the fee into the county	11328
general revenue fund if the sealed conviction or bail forfeiture	11329
was pursuant to a state statute, or into the general revenue fund	11330
of the municipal corporation involved if the sealed conviction or	11331
bail forfeiture was pursuant to a municipal ordinance.	11332

(D) Inspection of the sealed records included in the order	11333
may be made only by the following persons or for the following	11334
purposes:	11335

(1) By a law enforcement officer or prosecutor, or the	11336
assistants of either, to determine whether the nature and	11337
character of the offense with which a person is to be charged	11338
would be affected by virtue of the person's previously having been	11339
convicted of a crime;	11340

(2) By the parole or probation officer of the person who is	11341
the subject of the records, for the exclusive use of the officer	11342
in supervising the person while on parole or probationunder a	11343
community control sanction or a post-release control sanction, and	11344
in making inquiries and written reports as requested by the court	11345
or adult parole authority;	11346

(3) Upon application by the person who is the subject of the	11347
records, by the persons named in the application;	11348

(4) By a law enforcement officer who was involved in the	11349
case, for use in the officer's defense of a civil action arising	11350
out of the officer's involvement in that case;	11351

(5) By a prosecuting attorney or the prosecuting attorney's	11352
assistants, to determine a defendant's eligibility to enter a	11353
pre-trial diversion program established pursuant to section	11354
2935.36 of the Revised Code;	11355

(6) By any law enforcement agency or any authorized employee	11356
of a law enforcement agency or by the department of rehabilitation	11357
and correction as part of a background investigation of a person	11358
who applies for employment with the agency as a law enforcement	11359
officer or with the department as a corrections officer;	11360

(7) By any law enforcement agency or any authorized employee	11361
of a law enforcement agency, for the purposes set forth in, and in	11362
the manner provided in, section 2953.321 of the Revised Code;	11363

(8) By the bureau of criminal identification and	11364
investigation or any authorized employee of the bureau for the	11365
purpose of providing information to a board or person pursuant to	11366
division (F) or (G) of section 109.57 of the Revised Code;	11367

(9) By the bureau of criminal identification and	11368
investigation or any authorized employee of the bureau for the	11369
purpose of performing a criminal history records check on a person	11370
to whom a certificate as prescribed in section 109.77 of the	11371
Revised Code is to be awarded.	11372

When the nature and character of the offense with which a	11373
person is to be charged would be affected by the information, it	11374
may be used for the purpose of charging the person with an	11375
offense.	11376

(E) In any criminal proceeding, proof of any otherwise	11377
admissible prior conviction may be introduced and proved,	11378
notwithstanding the fact that for any such prior conviction an	11379
order of sealing previously was issued pursuant to sections	11380
2953.31 to 2953.36 of the Revised Code.	11381

(F) The person or governmental agency, office, or department	11382
that maintains sealed records pertaining to convictions or bail	11383
forfeitures that have been sealed pursuant to this section may	11384
maintain a manual or computerized index to the sealed records. The	11385
index shall contain only the name of, and alphanumeric identifiers	11386
that relate to, the persons who are the subject of the sealed	11387
records, the word "sealed," and the name of the person, agency,	11388
office, or department that has custody of the sealed records, and	11389
shall not contain the name of the crime committed. The index shall	11390
be made available by the person who has custody of the sealed	11391
records only for the purposes set forth in divisions (C), (D), and	11392
(E) of this section.	11393

(G) Notwithstanding any provision of this section or section	11394
2953.33 of the Revised Code that requires otherwise, a board of	11395
education of a city, local, exempted village, or joint vocational	11396
school district that maintains records of an individual who has	11397
been permanently excluded under sections 3301.121 and 3313.662 of	11398
the Revised Code is permitted to maintain records regarding a	11399
conviction that was used as the basis for the individual's	11400
permanent exclusion, regardless of a court order to seal the	11401
record. An order issued under this section to seal the record of	11402
a conviction does not revoke the adjudication order of the	11403
superintendent of public instruction to permanently exclude the	11404
individual who is the subject of the sealing order. An order	11405
issued under this section to seal the record of a conviction of an	11406
individual may be presented to a district superintendent as	11407
evidence to support the contention that the superintendent should	11408
recommend that the permanent exclusion of the individual who is	11409
the subject of the sealing order be revoked. Except as otherwise	11410
authorized by this division and sections 3301.121 and 3313.662 of	11411
the Revised Code, any school employee in possession of or having	11412
access to the sealed conviction records of an individual that were	11413
the basis of a permanent exclusion of the individual is subject to	11414
section 2953.35 of the Revised Code.	11415

Sec. 2953.33.  (A) Except as provided in division (G) of	11416
section 2953.32 of the Revised Code, an order to seal the record	11417
of a person's conviction restores the person who is the subject of	11418
the order to all rights and privileges not otherwise restored by	11419
termination of the sentence or probationcommunity control	11420
sanction or by final release on parole or post-release control.	11421

(B) In any application for employment, license, or other	11422
right or privilege, any appearance as a witness, or any other	11423
inquiry, except as provided in division (E) of section 2953.32 of	11424
the Revised Code, a person may be questioned only with respect to	11425
convictions not sealed, bail forfeitures not expunged under	11426
section 2953.42 of the Revised Code as it existed prior to June	11427
29, 1988, and bail forfeitures not sealed, unless the question	11428
bears a direct and substantial relationship to the position for	11429
which the person is being considered.	11430

Sec. 2961.01. (A) A person convicted of a felony under the	11431
laws of this or any other state or the United States, unless the	11432
conviction is reversed or annulled, is incompetent to be an	11433
elector or juror or to hold an office of honor, trust, or profit.	11434
When any person convicted of a felony under any law of that type	11435
is granted probation, parole, judicial release, or a conditional	11436
pardon or is released under a community control sanction or a	11437
post-release control sanction, the person is competent to be an	11438
elector during the period of probationcommunity control, parole,	11439
post-release control, or release or until the conditions of the	11440
pardon have been performed or have transpired and is competent to	11441
be an elector thereafter following final discharge. The full	11442
pardon of a convict restores the rights and privileges so	11443
forfeited under this section, but a pardon shall not release a	11444
convict from the costs of the convict's conviction in this state,	11445
unless so specified.	11446

(B)As used in this section:

11447

(1) "Community control sanction" has the same meaning as in	11448
section 2929.01 of the Revised Code.	11449

(2) "Post-release control" and "post-release control	11450
sanction" have the same meanings as in section 2967.01 of the	11451
Revised Code.	11452

Sec. 2963.01.  As used in sections 2963.01 to 2963.27,	11453
inclusive, of the Revised Code:	11454

(A) "Governor" includes any person performing the functions	11455
of governor by authority of the law of this state.	11456

(B) "Executive authority" includes the governor, and any	11457
person performing the functions of governor in a state other than	11458
this state.	11459

(C) "State," referring to a state other than this state,	11460
includes any state or territory, organized or unorganized, of the	11461
United States.	11462

(D) "Community control sanction" has the same meaning as in	11463
section 2929.01 of the Revised Code.	11464

(E) "Post-release control" and "post-release control	11465
sanction" have the same meanings as in section 2967.01 of the	11466
Revised Code.	11467

Sec. 2963.11.  When, on the oath of a credible person before	11468
any judge or magistrate of this state, any person within this	11469
state is charged with the commission of any crime in any other	11470
state and with having fled from justice, or with having been	11471
convicted of a crime in that state and having escaped from	11472
confinement, or having broken the terms of the person's bail,	11473
probation, or parole or violated the conditions of a community	11474
control sanction imposed under section 2929.16, 2929.17, or	11475
2929.18 of the Revised Code or of post-release control under	11476
section 2967.28 of the Revised Codesanction, or whenever	11477
complaint has been made before any judge or magistrate in this	11478
state setting forth on the affidavit of any credible person in	11479
another state that a crime has been committed in the other state	11480
and that the accused has been charged in that state with the	11481
commission of the crime, and, has fled from justice, or with	11482
having been convicted of a crime in that state and having escaped	11483
from confinement, or having broken the terms of bail, probation,	11484
or parole, and is believed to be in this state, the judge or	11485
magistrate shall issue a warrant directed to any peace officer,	11486
commanding the peace officer to apprehend the person named in the	11487
warrant, wherever the person may be found in this state, and to	11488
bring the person before the same or any other judge, magistrate,	11489
or court whichthat may be available in or convenient of access to	11490
the place where the arrest may be made, to answer the charge or	11491
complaint and affidavit, and a certified copy of the sworn charge	11492
or complaint and upon which the warrant is issued shall be	11493
attached to the warrant.	11494

This section does not apply to cases arising under section	11495
2963.06 of the Revised Code.	11496

Sec. 2963.20.  Whenever the governor demands a person charged	11497
with crime, or with escaping from confinement, or with breaking	11498
the terms of histhe person's bail, probation, or parole in this	11499
state or violating the conditions of a community control sanction	11500
or post-release control sanction imposed in this state, from the	11501
executive authority of any other state, or from the chief justice	11502
or an associate justice of the supreme court of the District of	11503
Columbia authorized to receive suchthat demand under the laws of	11504
the United States, hethe governor shall issue a warrant under the	11505
seal of this state, to somean agent, commanding himthe agent to	11506
receive the person so charged and convey suchthat person to the	11507
proper officer of the county in which the offense was committed.	11508

Sec. 2963.21.  When the return to this state of a person	11509
charged with crime in this state is required, the prosecuting	11510
attorney shall present to the governor a written application for a	11511
requisition for the return of the person charged. The application	11512
shall state the name of the person charged, the crime charged	11513
against the person, the approximate time, place, and circumstances	11514
of its commission, the state in which the person charged is	11515
believed to be located, and the location of the person in that	11516
state at the time the application is made. The prosecuting	11517
attorney shall certify that in the prosecuting attorney's opinion	11518
the ends of justice require the arrest and return of the person	11519
charged to this state for trial and that the proceeding is not	11520
instituted to enforce a private claim.	11521

When the return to this state is required of a person who has	11522
been convicted of a crime in this state and has escaped from	11523
confinement or broken the terms of the person's bail, probation,	11524
parole, community control sanction, or post-release control	11525
sanction, the prosecuting attorney of the county in which the	11526
offense was committed, the adult parole authority, or the warden	11527
of the institution or sheriff of the county from which escape was	11528
made shall present to the governor a written application for a	11529
requisition for the return of the person. The application shall	11530
state the person's name, the crime of which the person was	11531
convicted, the circumstances of the person's escape from	11532
confinement or of the breach of the terms of the person's bail,	11533
probation, parole, community control sanction, or post-release	11534
control sanction, the state in which the person is believed to be	11535
located, and the location of the person in that state at the time	11536
the application is made.	11537

An application presented under this section shall be verified	11538
by affidavit, executed in duplicate, and accompanied by two	11539
certified copies of the indictment returned, of the information	11540
and affidavit filed, of the complaint made to the judge or	11541
magistrate, stating the offense with which the accused is charged,	11542
of the judgment of conviction, or of the sentence. The	11543
prosecuting attorney, adult parole authority, warden, or sheriff	11544
also may attach any other affidavits or documents in duplicate	11545
that the prosecuting attorney, adult parole authority, warden, or	11546
sheriff finds proper to be submitted with the application. One	11547
copy of the application, with the action of the governor indicated	11548
by indorsement on the application, and one of the certified copies	11549
of the indictment, complaint, information, and affidavits, of the	11550
judgment of conviction, or of the sentence shall be filed in the	11551
office of the secretary of state to remain of record in that	11552
office. The other copies of all papers shall be forwarded with	11553
the governor's requisition.	11554

Sec. 2967.02.  (A) SectionsThe adult parole authority	11555
created by section 5149.02 of the Revised Code shall administer	11556
sections 2967.01 to 2967.28 of the Revised Code, and other	11557
sections of the Revised Code governing pardon, probationcommunity	11558
control sanctions, post-release control, and parole, shall be	11559
administered by the adult parole authority created by section	11560
5149.02 of the Revised Code.	11561

(B) The governor may grant a pardon after conviction, may	11562
grant an absolute and entire pardon or a partial pardon, and may	11563
grant a pardon upon conditions precedent or subsequent.	11564

(C) The adult parole authority shall supervise all parolees.	11565
The department of rehabilitation and correction has legal custody	11566
of a parolee until the authority grants the parolee a final	11567
release pursuant to section 2967.16 of the Revised Code.	11568

(D) The department of rehabilitation and correction has	11569
legal custody of a releasee until the adult parole authority	11570
grants the releasee a final release pursuant to section 2967.16 of	11571
the Revised Code.	11572

Sec. 2967.22.  Whenever it is brought to the attention of the	11573
adult parole authority or a county department of probation that a	11574
parolee, probationerperson under a community control sanction,	11575
person under transitional control, or releasee appears to be a	11576
mentally ill person subject to hospitalization by court order, as	11577
defined in section 5122.01 of the Revised Code, or a mentally	11578
retarded person subject to institutionalization by court order, as	11579
defined in section 5123.01 of the Revised Code, the parole or	11580
probation officer, subject to the approval of the chief of the	11581
adult parole authority, the designee of the chief of the adult	11582
parole authority, or the chief probation officer, may file an	11583
affidavit under section 5122.11 or 5123.71 of the Revised Code. A	11584
parolee, probationerperson under a community control sanction, or	11585
releasee who is involuntarily detained under Chapter 5122. or	11586
5123. of the Revised Code shall receive credit against the period	11587
of parole or probationcommunity control or the term of	11588
post-release control for the period of involuntary detention.	11589

If a parolee, probationerperson under a community control	11590
sanction, person under transitional control, or releasee escapes	11591
from an institution or facility within the department of mental	11592
health or the department of mental retardation and developmental	11593
disabilities, the superintendent of the institution immediately	11594
shall notify the chief of the adult parole authority or the chief	11595
probation officer. Notwithstanding the provisions of section	11596
5122.26 of the Revised Code, the procedure for the apprehension,	11597
detention, and return of the parolee, probationerperson under a	11598
community control sanction, person under transitional control, or	11599
releasee is the same as that provided for the apprehension,	11600
detention, and return of persons who escape from institutions	11601
operated by the department of rehabilitation and correction. If	11602
the escaped parolee, person under transitional control, or	11603
releasee is not apprehended and returned to the custody of the	11604
department of mental health or the department of mental	11605
retardation and developmental disabilities within ninety days	11606
after the escape, the parolee, person under transitional control,	11607
or releasee shall be discharged from the custody of the department	11608
of mental health or the department of mental retardation and	11609
developmental disabilities and returned to the custody of the	11610
department of rehabilitation and correction. If the escaped	11611
probationerperson under a community control sanction is not	11612
apprehended and returned to the custody of the department of	11613
mental health or the department of mental retardation and	11614
developmental disabilities within ninety days after the escape,	11615
the probationerperson under a community control sanction shall be	11616
discharged from the custody of the department of mental health or	11617
the department of mental retardation and developmental	11618
disabilities and returned to the custody of the court that	11619
sentenced the probationerthat person.	11620

Sec. 2967.26.  (A)(1) The department of rehabilitation and	11621
correction, by rule, may establish a transitional control program	11622
for the purpose of closely monitoring a prisoner's adjustment to	11623
community supervision during the final one hundred eighty days of	11624
the prisoner's confinement. If the department establishes a	11625
transitional control program under this division, the adult parole	11626
authority may transfer eligible prisoners to transitional control	11627
status under the program during the final one hundred eighty days	11628
of their confinement and under the terms and conditions	11629
established by the department, shall provide for the confinement	11630
as provided in this division of each eligible prisoner so	11631
transferred, and shall supervise each eligible prisoner so	11632
transferred in one or more community control sanctions. Each	11633
eligible prisoner who is transferred to transitional control	11634
status under the program shall be confined in a suitable facility	11635
that is licensed pursuant to division (C) of section 2967.14 of	11636
the Revised Code, or shall be confined in a residence the	11637
department has approved for this purpose and be monitored pursuant	11638
to an electronic monitoring device, as defined in section 2929.23	11639
of the Revised Code. If the department establishes a transitional	11640
control program under this division, the rules establishing the	11641
program shall include criteria that define which prisoners are	11642
eligible for the program, criteria that must be satisfied to be	11643
approved as a residence that may be used for confinement under the	11644
program of a prisoner that is transferred to it and procedures for	11645
the department to approve residences that satisfy those criteria,	11646
and provisions of the type described in division (C) of this	11647
section. At a minimum, the criteria that define which prisoners	11648
are eligible for the program shall provide all of the following:	11649

(a) That a prisoner is eligible for the program if the	11650
prisoner is serving a prison term or term of imprisonment for an	11651
offense committed prior to the effective date of this amendment	11652
March 17, 1998, and if, at the time at which eligibility is being	11653
determined, the prisoner would have been eligible for a furlough	11654
under this section as it existed immediately prior to the	11655
effective date of this amendmentMarch 17, 1998, or would have	11656
been eligible for conditional release under former section 2967.23	11657
of the Revised Code as that section existed immediately prior to	11658
the effective date of this amendmentMarch 17, 1998;	11659

(b) That no prisoner who is serving a mandatory prison term	11660
is eligible for the program until after expiration of the	11661
mandatory term;	11662

(c) That no prisoner who is serving a prison term or term of	11663
life imprisonment without parole imposed pursuant to section	11664
2971.03 of the Revised Code is eligible for the program.	11665

(2) At least three weeks prior to transferring to	11666
transitional control under this section a prisoner who is serving	11667
a term of imprisonment or prison term for an offense committed on	11668
or after July 1, 1996, the adult parole authority shall give	11669
notice of the pendency of the transfer to transitional control to	11670
the court of common pleas of the county in which the indictment	11671
against the prisoner was found and of the fact that the court may	11672
disapprove the transfer of the prisoner to transitional control	11673
and shall include a report prepared by the head of the state	11674
correctional institution in which the prisoner is confined. The	11675
head of the state correctional institution in which the prisoner	11676
is confined, upon the request of the adult parole authority, shall	11677
provide to the authority for inclusion in the notice sent to the	11678
court under this division a report on the prisoner's conduct in	11679
the institution and in any institution from which the prisoner may	11680
have been transferred. The report shall cover the prisoner's	11681
participation in school, vocational training, work, treatment, and	11682
other rehabilitative activities and any disciplinary action taken	11683
against the prisoner. If the court disapproves of the transfer of	11684
the prisoner to transitional control, the court shall notify the	11685
authority of the disapproval within thirty days after receipt of	11686
the notice. If the court timely disapproves the transfer of the	11687
prisoner to transitional control, the authority shall not proceed	11688
with the transfer. If the court does not timely disapprove the	11689
transfer of the prisoner to transitional control, the authority	11690
may transfer the prisoner to transitional control.	11691

(3) If the victim of an offense for which a prisoner was	11692
sentenced to a prison term or term of imprisonment has requested	11693
notification under section 2930.16 of the Revised Code and has	11694
provided the department of rehabilitation and correction with the	11695
victim's name and address, the adult parole authority, at least	11696
three weeks prior to transferring the prisoner to transitional	11697
control pursuant to this section, shall notify the victim of the	11698
pendency of the transfer and of the victim's right to submit a	11699
statement to the authority regarding the impact of the transfer of	11700
the prisoner to transitional control. If the victim subsequently	11701
submits a statement of that nature to the authority, the authority	11702
shall consider the statement in deciding whether to transfer the	11703
prisoner to transitional control.	11704

(B) Each prisoner transferred to transitional control under	11705
this section shall be confined in the manner described in division	11706
(A) of this section during any period of time that the prisoner is	11707
not actually working at the prisoner's approved employment,	11708
engaged in a vocational training or another educational program,	11709
engaged in another program designated by the director, or engaged	11710
in other activities approved by the department.	11711

(C) The department of rehabilitation and correction shall	11712
adopt rules for transferring eligible prisoners to transitional	11713
control, supervising and confining prisoners so transferred,	11714
administering the transitional control program in accordance with	11715
this section, and using the moneys deposited into the transitional	11716
control fund established under division (E) of this section.	11717

(D) The department of rehabilitation and correction may	11718
adopt rules for the issuance of passes for the limited purposes	11719
described in this division to prisoners who are transferred to	11720
transitional control under this section. If the department adopts	11721
rules of that nature, the rules shall govern the granting of the	11722
passes and shall provide for the supervision of prisoners who are	11723
temporarily released pursuant to one of those passes. Upon the	11724
adoption of rules under this division, the department may issue	11725
passes to prisoners who are transferred to transitional control	11726
status under this section in accordance with the rules and the	11727
provisions of this division. All passes issued under this	11728
division shall be for a maximum of forty-eight hours and may be	11729
issued only for the following purposes:	11730

(1) To visit a dying relative;

11731

(2) To attend the funeral of a relative;

11732

(3) To visit with family;

11733

(4) To otherwise aid in the rehabilitation of the prisoner.

11734

(E) The adult parole authority may require a prisoner who is	11735
transferred to transitional control to pay to the division of	11736
parole and community services the reasonable expenses incurred by	11737
the division in supervising or confining the prisoner while under	11738
transitional control. Inability to pay those reasonable expenses	11739
shall not be grounds for refusing to transfer an otherwise	11740
eligible prisoner to transitional control. Amounts received by	11741
the division of parole and community services under this division	11742
shall be deposited into the transitional control fund, which is	11743
hereby created in the state treasury and which hereby replaces and	11744
succeeds the furlough services fund that formerly existed in the	11745
state treasury. All moneys that remain in the furlough services	11746
fund on the effective date of this amendmentMarch 17, 1998, shall	11747
be transferred on that date to the transitional control fund. The	11748
transitional control fund shall be used solely to pay costs	11749
related to the operation of the transitional control program	11750
established under this section. The director of rehabilitation	11751
and correction shall adopt rules in accordance with section 111.15	11752
of the Revised Code for the use of the fund.	11753

(F) A prisoner who violates any rule established by the	11754
department of rehabilitation and correction under division (A),	11755
(C), or (D) of this section may be transferred to a state	11756
correctional institution pursuant to rules adopted under division	11757
(A), (C), or (D) of this section, but the prisoner shall receive	11758
credit towards completing the prisoner's sentence for the time	11759
spent under transitional control.	11760

If a prisoner is transferred to transitional control under	11761
this section, upon successful completion of the period of	11762
transitional control, the prisoner may be released on parole or	11763
under post-release control pursuant to section 2967.13 or 2967.28	11764
of the Revised Code and rules adopted by the department of	11765
rehabilitation and correction. If the prisoner is released under	11766
post-release control, the duration of the post-release control,	11767
the type of post-release control sanctions that may be imposed,	11768
the enforcement of the sanctions, and the treatment of prisoners	11769
who violate any sanction applicable to the prisoner are governed	11770
by section 2967.28 of the Revised Code.	11771

Sec. 2969.11.  As used in sections 2969.11 to 2969.14 of the	11772
Revised Code:	11773

(A) "Crime victims recovery fund" means the fund created by	11774
division (D) of section 2929.252929.32 of the Revised Code.	11775

(B) "Victim" means a person who suffers personal injury,	11776
death, or property loss as a result of any of the following, or	11777
the beneficiaries of an action for the wrongful death of any	11778
person killed as a result of any of the following:	11779

(1) An offense committed by an offender in whose name a	11780
separate account is maintained in the crime victims recovery fund	11781
pursuant to section 2969.12 of the Revised Code;	11782

(2) The good faith effort of a person to prevent an offense	11783
committed by an offender in whose name a separate account is	11784
maintained in the crime victims recovery fund pursuant to section	11785
2969.12 of the Revised Code;	11786

(3) The good faith effort of a person to apprehend a person	11787
suspected of engaging in an offense committed by an offender in	11788
whose name a separate account is maintained in the crime victims	11789
recovery fund pursuant to section 2969.12 of the Revised Code.	11790

Sec. 2969.12.  (A) The clerk of the court of claims shall	11791
administer the crime victims recovery fund and shall maintain in	11792
the fund in the name of each offender a separate account for money	11793
received, or money received from the sale or other disposition of	11794
property, pursuant to section 2929.252929.32 of the Revised Code	11795
in connection with that offender. The clerk shall distribute the	11796
money in that separate account in accordance with division (C) of	11797
this section.	11798

(B) Notwithstanding a contrary provision of any section of	11799
the Revised Code that deals with the limitation of actions, a	11800
victim of an offense committed by an offender in whose name a	11801
separate account is maintained in the crime victims recovery fund	11802
may bring a civil action against the offender or the	11803
representatives of the offender at any time within three years	11804
after the establishment of the separate account.	11805

In order to recover from a separate account maintained in the	11806
fund in the name of an offender, a victim of that offender shall	11807
do all of the following:	11808

(1) Within the three-year period or, if the action was	11809
initiated before the separate account was established, within	11810
ninety days after the separate account is established, notify the	11811
clerk of the court of claims that a civil action has been brought	11812
against the offender or the representatives of the offender;	11813

(2) Notify the clerk of the court of claims of the entry of	11814
any judgment in the civil action;	11815

(3) Within ninety days after the judgment in the civil	11816
action is final or, if the judgment was obtained before the	11817
separate account was established, within ninety days after the	11818
separate account is established, request the clerk of the court of	11819
claims to pay from the separate account the judgment that the	11820
victim is awarded in the civil action.	11821

If a civil action is brought against an offender or the	11822
representatives of the offender after the expiration of the	11823
statute of limitations that would apply to the civil action but	11824
for this division, the court shall state in a judgment in favor of	11825
the victim that the judgment may be enforced only against the	11826
separate account maintained in the name of that offender in the	11827
crime victims recovery fund.	11828

(C)(1) The clerk of the court of claims shall not make a	11829
payment from the separate account maintained in the name of an	11830
offender in the crime victims recovery fund to a victim of the	11831
offender until the expiration of the later of the following	11832
periods:	11833

(a) The expiration of three years after the establishment of	11834
the separate account, provided that no action of which the clerk	11835
was notified under division (B)(1) of this section is pending;	11836

(b) If three years has elapsed since the establishment of	11837
the separate account and if one or more actions of which the clerk	11838
was notified under division (B)(1) of this section is pending at	11839
the expiration of that three-year period, the date of the final	11840
disposition of the last of those pending actions.	11841

(2) Upon the expiration of the applicable period of time set	11842
forth in division (C)(1) of this section, the clerk of the court	11843
of claims shall make payments from the separate account maintained	11844
in the name of the offender in the crime victims recovery fund to	11845
the victims of the offender who obtained a judgment against the	11846
offender or the representatives of the offender for damages	11847
resulting from the offense committed by the offender. The	11848
payments shall be made as provided in this division.	11849

When a separate account is maintained in the name of an	11850
offender in the crime victims recovery fund, the clerk of the	11851
court of claims shall determine on the second day of January and	11852
the first day of April, July, and October of each year the amount	11853
of money in that separate account. After the expiration of the	11854
applicable period of time set forth in division (C)(1) of this	11855
section, the clerk shall pay from that separate account any	11856
judgment for which a victim of that offender has requested payment	11857
pursuant to division (B)(3) of this section and has requested	11858
payment prior to the date of the most recent quarterly	11859
determination described in this division. If at a time that	11860
payments would be made from that separate account there are	11861
insufficient funds in that separate account to pay all of the	11862
applicable judgments against the offender or the representatives	11863
of the offender, the clerk of the court of claims shall pay the	11864
judgments on a pro rata basis.	11865

Sec. 2969.13.  All moneys that are collected pursuant to	11866
section 2929.252929.32 of the Revised Code and required to be	11867
deposited in the crime victims recovery fund shall be credited by	11868
the treasurer of state to the fund. Any interest earned on the	11869
money in the fund shall be credited to the fund.	11870

Sec. 2969.14.  (A) If a separate account has been maintained	11871
in the name of an offender in the crime victims recovery fund and	11872
if there is no further requirement to pay into the fund money, or	11873
the monetary value of property, pursuant to section 2929.25	11874
2929.32 of the Revised Code, unless otherwise ordered by a court	11875
of record in which a judgment has been rendered against the	11876
offender or the representatives of the offender, the clerk of the	11877
court of claims shall pay the money remaining in the separate	11878
account in accordance with division (B) of this section, if all of	11879
the following apply:	11880

(1) The applicable period of time that governs the making of	11881
payments from the separate account, as set forth in division	11882
(C)(1) of section 2969.12 of the Revised Code, has elapsed.	11883

(2) None of the civil actions against the offender or the	11884
representatives of the offender of which the clerk of the court of	11885
claims has been notified pursuant to division (B)(1) of section	11886
2969.12 of the Revised Code is pending.	11887

(3) All judgments for which payment was requested pursuant	11888
to division (B)(3) of section 2969.12 of the Revised Code have	11889
been paid.	11890

(B) If the clerk of the court of claims is required by	11891
division (A) of this section to pay the money remaining in the	11892
separate account established in the name of an offender in	11893
accordance with this division, the clerk shall pay the money as	11894
follows:	11895

(1) If the offender was confined for a felony in a prison or	11896
other facility operated by the department of rehabilitation and	11897
correction under a sanction imposed pursuant to section 2929.14 or	11898
2929.16 of the Revised Code, the clerk shall pay the money to the	11899
treasurer of state, in accordance with division (C)(1) of section	11900
2929.18 of the Revised Code, to cover the costs of the	11901
confinement. If any money remains in the separate account after	11902
the payment of the costs of the confinement pursuant to this	11903
division, the clerk shall pay the remaining money in accordance	11904
with divisions (B)(2), (3), and (5) of this section.	11905

(2) If the offender was confined for a felony in a facility	11906
operated by a county or a municipal corporation, after payment of	11907
any costs required to be paid under division (B)(1) of this	11908
section, the clerk shall pay the money to the treasurer of the	11909
county or of the municipal corporation that operated the facility,	11910
in accordance with division (C)(2) or (3) of section 2929.18 of	11911
the Revised Code, to cover the costs of the confinement. If more	11912
than one county or municipal corporation operated a facility in	11913
which the offender was confined, the clerk shall equitably	11914
apportion the money among each of those counties and municipal	11915
corporations. If any money remains in the separate account after	11916
the payment of the costs of the confinement pursuant to this	11917
division, the clerk shall pay the remaining money in accordance	11918
with divisions (B)(3) and (5) of this section.	11919

(3) If the offender was sentenced for a felony to any	11920
community control sanction other than a sanction described in	11921
division (B)(2) of this section, after payment of any costs	11922
required to be paid under division (B)(1) or (2) of this section,	11923
the clerk shall pay the money to the treasurer of the county or of	11924
the municipal corporation that incurred costs pursuant to the	11925
sanction, in accordance with division (C)(2) or (3) of section	11926
2929.18 of the Revised Code, to cover the costs so incurred. If	11927
more than one county or municipal corporation incurred costs	11928
pursuant to the sanction, the clerk shall equitably apportion the	11929
money among each of those counties and municipal corporations. If	11930
any money remains in the separate account after the payment of the	11931
costs of the sanction pursuant to this division, the clerk shall	11932
pay the remaining money in accordance with division (B)(5) of this	11933
section.	11934

(4) If the offender was imprisoned or incarcerated for a	11935
misdemeanor, to the treasurer of the political subdivision that	11936
operates the facility in which the offender was imprisoned or	11937
incarcerated, to cover the costs of the imprisonment or	11938
incarceration. If more than one political subdivision operated a	11939
facility in which the offender was confined, the clerk shall	11940
equitably apportion the money among each of those political	11941
subdivisions. If any money remains in the separate account after	11942
the payment of the costs of the imprisonment or incarceration	11943
under this division, the clerk shall pay the remaining money in	11944
accordance with division (B)(5) of this section.	11945

(5) If any money remains in the separate account after	11946
payment of any costs required to be paid under division (B)(1),	11947
(2), (3), or (4) of this section, or if no provision of division	11948
(B)(1), (2), (3), or (4) of this section applies, the clerk shall	11949
distribute the amount of the money remaining in the separate	11950
account as otherwise provided by law for the distribution of money	11951
paid in satisfaction of a fine, as if that amount was a fine paid	11952
by the offender.	11953

Sec. 3313.65.  (A) As used in this section and section	11954
3313.64 of the Revised Code:	11955

(1) A person is "in a residential facility" if the person is	11956
a resident or a resident patient of an institution, home, or other	11957
residential facility that is:	11958

(a) Licensed as a nursing home, residential care facility,	11959
or home for the aging by the director of health under section	11960
3721.02 of the Revised Code or licensed as a community alternative	11961
home by the director of health under section 3724.03 of the	11962
Revised Code;	11963

(b) Licensed as an adult care facility by the director of	11964
health under Chapter 3722. of the Revised Code;	11965

(c) Maintained as a county home or district home by the	11966
board of county commissioners or a joint board of county	11967
commissioners under Chapter 5155. of the Revised Code;	11968

(d) Operated or administered by a board of alcohol, drug	11969
addiction, and mental health services under section 340.03 or	11970
340.06 of the Revised Code, or provides residential care pursuant	11971
to contracts made under section 340.03 or 340.033 of the Revised	11972
Code;	11973

(e) Maintained as a state institution for the mentally ill	11974
under Chapter 5119. of the Revised Code;	11975

(f) Licensed by the department of mental health under	11976
section 5119.20 or 5119.22 of the Revised Code;	11977

(g) Licensed as a residential facility by the department of	11978
mental retardation and developmental disabilities under section	11979
5123.19 of the Revised Code;	11980

(h) Operated by the veteran's administration or another	11981
agency of the United States government;	11982

(i) The Ohio soldiers' and sailors' home.

11983

(2) A person is "in a correctional facility" if any of the	11984
following apply:	11985

(a) The person is an Ohio resident and is:

11986

(i) Imprisoned, as defined in section 1.05 of the Revised	11987
Code;	11988

(ii) Serving a term in a community-based correctional	11989
facility or a district community-based correctional facility;	11990

(iii) Required, as a condition of parole, probationa	11991
post-release control sanction, a community control sanction,	11992
transitional control, or early release from imprisonment, as a	11993
condition of shock parole or shock probation granted under the law	11994
in effect prior to July 1, 1996, or as a condition of a furlough	11995
granted under the version of section 2967.26 of the Revised Code	11996
in effect prior to the effective date of this amendmentMarch17,	11997
1998, to reside in a halfway house or other community residential	11998
center licensed under section 2967.14 of the Revised Code or a	11999
similar facility designated by the common pleas court of common	12000
pleas that established the condition or by the adult parole	12001
authority.	12002

(b) The person is imprisoned in a state correctional	12003
institution of another state or a federal correctional institution	12004
but was an Ohio resident at the time the sentence was imposed for	12005
the crime for which the person is imprisoned.	12006

(3) A person is "in a juvenile residential placement" if the	12007
person is an Ohio resident who is under twenty-one years of age	12008
and has been removed, by the order of a juvenile court, from the	12009
place the person resided at the time the person became subject to	12010
the court's jurisdiction in the matter that resulted in the	12011
person's removal.	12012

(4)"Community control sanction" has the same meaning as in	12013
section 2929.01 of the Revised Code.	12014

(5) "Post-release control sanction" has the same meaning as	12015
in section 2967.01 of the Revised Code.	12016

(B) If the circumstances described in division (C) of this	12017
section apply, the determination of what school district must	12018
admit a child to its schools and what district, if any, is liable	12019
for tuition shall be made in accordance with this section, rather	12020
than section 3313.64 of the Revised Code.	12021

(C) A child who does not reside in the school district in	12022
which the child's parent resides and for whom a tuition obligation	12023
previously has not been established under division (C)(2) of	12024
section 3313.64 of the Revised Code shall be admitted to the	12025
schools of the district in which the child resides if at least one	12026
of the child's parents is in a residential or correctional	12027
facility or a juvenile residential placement and the other parent,	12028
if living and not in such a facility or placement, is not known to	12029
reside in this state.	12030

(D) Regardless of who has custody or care of the child,	12031
whether the child resides in a home, or whether the child receives	12032
special education, if a district admits a child under division (C)	12033
of this section, tuition shall be paid to that district as	12034
follows:	12035

(1) If the child's parent is in a juvenile residential	12036
placement, by the district in which the child's parent resided at	12037
the time the parent became subject to the jurisdiction of the	12038
juvenile court;	12039

(2) If the child's parent is in a correctional facility, by	12040
the district in which the child's parent resided at the time the	12041
sentence was imposed;	12042

(3) If the child's parent is in a residential facility, by	12043
the district in which the parent resided at the time the parent	12044
was admitted to the residential facility, except that if the	12045
parent was transferred from another residential facility, tuition	12046
shall be paid by the district in which the parent resided at the	12047
time the parent was admitted to the facility from which the parent	12048
first was transferred;	12049

(4) In the event of a disagreement as to which school	12050
district is liable for tuition under division (C)(1), (2), or (3)	12051
of this section, the superintendent of public instruction shall	12052
determine which district shall pay tuition.	12053

(E) If a child covered by division (D) of this section	12054
receives special education in accordance with Chapter 3323. of the	12055
Revised Code, the tuition shall be paid in accordance with section	12056
3323.13 or 3323.14 of the Revised Code. Tuition for children who	12057
do not receive special education shall be paid in accordance with	12058
division (I) of section 3313.64 of the Revised Code.	12059

Sec. 3321.38.  (A) No parent, guardian, or other person	12060
having care of a child of compulsory school age shall violate any	12061
provision of section 3321.01, 3321.03, 3321.04, 3321.07, 3321.10,	12062
3321.19, 3321.20, or 3331.14 of the Revised Code. The juvenile	12063
court, which has exclusive original jurisdiction over any	12064
violation of this section pursuant to section 2151.23 of the	12065
Revised Code, may require a person convicted of violating this	12066
division to give bond in a sum of not more than five hundred	12067
dollars with sureties to the approval of the court, conditioned	12068
that the person will cause the child under the person's charge to	12069
attend upon instruction as provided by law, and remain as a pupil	12070
in the school or class during the term prescribed by law. If the	12071
juvenile court adjudicates the child as an unruly or delinquent	12072
child for being an habitual or chronic truant pursuant to section	12073
2151.35 of the Revised Code, the court shall warn the parent,	12074
guardian, or other person having care of the child that any	12075
subsequent adjudication of that nature involving the child may	12076
result in a criminal charge against the parent, guardian, or other	12077
person having care of the child for a violation of division (C) of	12078
section 2919.21 or section 2919.24 of the Revised Code.	12079

(B) This section does not relieve from prosecution and	12080
conviction any parent, guardian, or other person upon further	12081
violation of any provision in any of the sections specified in	12082
division (A) of this section, any provision of section 2919.222 or	12083
2919.24 of the Revised Code, or division (C) of section 2919.21 of	12084
the Revised Code. A forfeiture of the bond shall not relieve that	12085
parent, guardian, or other person from prosecution and conviction	12086
upon further violation of any provision in any of those sections	12087
or that division.	12088

(C) Section 4109.13 of the Revised Code applies to this	12089
section.	12090

(D) No parent, guardian, or other person having care of a	12091
child of compulsary school age shall fail to give bond as required	12092
by division (A) of this section in the sum of one hundred dollars	12093
with sureties as required by the court.	12094

Sec. 3345.04.  (A) As used in this section, "felony" has the	12095
same meaning as in section 109.511 of the Revised Code.	12096

(B) Subject to division (C) of this section, the board of	12097
trustees of a state university, the board of trustees of the	12098
medical college of Ohio at Toledo, the board of trustees of the	12099
northeastern Ohio universities college of medicine, the board of	12100
trustees of a state community college, and the board of trustees	12101
of a technical college or community college district operating a	12102
technical or a community college may designate one or more	12103
employees of the institution, as a state university law	12104
enforcement officer, in accordance with section 109.77 of the	12105
Revised Code, and, as state university law enforcement officers,	12106
those employees shall take an oath of office, wear the badge of	12107
office, serve as peace officers for the college or university, and	12108
give bond to the state for the proper and faithful discharge of	12109
their duties in the amount that the board of trustees requires.	12110

(C)(1) The board of trustees of an institution listed in	12111
division (B) of this section shall not designate an employee of	12112
the institution as a state university law enforcement officer	12113
pursuant to that division on a permanent basis, on a temporary	12114
basis, for a probationary term, or on other than a permanent basis	12115
if the employee previously has been convicted of or has pleaded	12116
guilty to a felony.	12117

(2)(a) The board of trustees shall terminate the employment	12118
as a state university law enforcement officer of an employee	12119
designated as a state university law enforcement officer under	12120
division (B) of this section if that employee does either of the	12121
following:	12122

(i) Pleads guilty to a felony;

12123

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	12124
plea agreement as provided in division (D) of section 2929.29	12125
2929.43 of the Revised Code in which the employee agrees to	12126
surrender the certificate awarded to the employee under section	12127
109.77 of the Revised Code.	12128

(b) The board of trustees shall suspend from employment as a	12129
state university law enforcement officer an employee designated as	12130
a state university law enforcement officer under division (B) of	12131
this section if that employee is convicted, after trial, of a	12132
felony. If the state university law enforcement officer files an	12133
appeal from that conviction and the conviction is upheld by the	12134
highest court to which the appeal is taken or if the state	12135
university law enforcement officer does not file a timely appeal,	12136
the board of trustees shall terminate the employment of that state	12137
university law enforcement officer. If the state university law	12138
enforcement officer files an appeal that results in that officer's	12139
acquittal of the felony or conviction of a misdemeanor, or in the	12140
dismissal of the felony charge against that officer, the board of	12141
trustees shall reinstate that state university law enforcement	12142
officer. A state university law enforcement officer who is	12143
reinstated under division (C)(2)(b) of this section shall not	12144
receive any back pay unless that officer's conviction of the	12145
felony was reversed on appeal, or the felony charge was dismissed,	12146
because the court found insufficient evidence to convict the	12147
officer of the felony.	12148

(3) Division (C) of this section does not apply regarding an	12149
offense that was committed prior to January 1, 1997.	12150

(4) The suspension from employment, or the termination of	12151
the employment, of a state university law enforcement officer	12152
under division (C)(2) of this section shall be in accordance with	12153
Chapter 119. of the Revised Code.	12154

Sec. 3719.12.  Unless a report has been made pursuant to	12155
section 2929.242929.42 of the Revised Code, on the conviction of	12156
a manufacturer, wholesaler, terminal distributor of dangerous	12157
drugs, pharmacist, pharmacy intern, dentist, chiropractor,	12158
physician, podiatrist, registered nurse, licensed practical nurse,	12159
physician assistant, optometrist, or veterinarian of the violation	12160
of this chapter or Chapter 2925. of the Revised Code, the	12161
prosecutor in the case promptly shall report the conviction to the	12162
board that licensed, certified, or registered the person to	12163
practice or to carry on business. The responsible board shall	12164
provide forms to the prosecutor. Within thirty days of the	12165
receipt of this information, the board shall initiate action in	12166
accordance with Chapter 119. of the Revised Code to determine	12167
whether to suspend or revoke the person's license, certificate, or	12168
registration.	12169

Sec. 3719.121.  (A) Except as otherwise provided in section	12170
4723.28, 4723.35, 4730.25, 4731.22, 4734.39, or 4734.41 of the	12171
Revised Code, the license, certificate, or registration of any	12172
dentist, chiropractor, physician, podiatrist, registered nurse,	12173
licensed practical nurse, physician assistant, pharmacist,	12174
pharmacy intern, optometrist, or veterinarian who is or becomes	12175
addicted to the use of controlled substances shall be suspended by	12176
the board that authorized the person's license, certificate, or	12177
registration until the person offers satisfactory proof to the	12178
board that the person no longer is addicted to the use of	12179
controlled substances.	12180

(B) If the board under which a person has been issued a	12181
license, certificate, or evidence of registration determines that	12182
there is clear and convincing evidence that continuation of the	12183
person's professional practice or method of prescribing or	12184
personally furnishing controlled substances presents a danger of	12185
immediate and serious harm to others, the board may suspend the	12186
person's license, certificate, or registration without a hearing.	12187
Except as otherwise provided in sections 4715.30, 4723.281,	12188
4729.16, 4730.25, 4731.22, and 4734.36 of the Revised Code, the	12189
board shall follow the procedure for suspension without a prior	12190
hearing in section 119.07 of the Revised Code. The suspension	12191
shall remain in effect, unless removed by the board, until the	12192
board's final adjudication order becomes effective, except that if	12193
the board does not issue its final adjudication order within	12194
ninety days after the hearing, the suspension shall be void on the	12195
ninety-first day after the hearing.	12196

(C) On receiving notification pursuant to section 2929.24	12197
2929.42 or 3719.12 of the Revised Code, the board under which a	12198
person has been issued a license, certificate, or evidence of	12199
registration immediately shall suspend the license, certificate,	12200
or registration of that person on a plea of guilty to, a finding	12201
by a jury or court of the person's guilt of, or conviction of a	12202
felony drug abuse offense; a finding by a court of the person's	12203
eligibility for intervention in lieu of conviction; a plea of	12204
guilty to, or a finding by a jury or court of the person's guilt	12205
of, or the person's conviction of an offense in another	12206
jurisdiction that is essentially the same as a felony drug abuse	12207
offense; or a finding by a court of the person's eligibility for	12208
treatment or intervention in lieu of conviction in another	12209
jurisdiction. The board shall notify the holder of the license,	12210
certificate, or registration of the suspension, which shall remain	12211
in effect until the board holds an adjudicatory hearing under	12212
Chapter 119. of the Revised Code.	12213

Sec. 3719.70.  (A) When testimony, information, or other	12214
evidence in the possession of a person who uses, possesses, or	12215
trafficks in any drug of abuse appears necessary to an	12216
investigation by law enforcement authorities into illicit sources	12217
of any drug of abuse, or appears necessary to successfully	12218
institute, maintain, or conclude a prosecution for any drug abuse	12219
offense, as defined in section 2925.01 of the Revised Code, a	12220
judge of the court of common pleas may grant to that person	12221
immunity from prosecution for any offense based upon the	12222
testimony, information, or other evidence furnished by that	12223
person, other than a prosecution of that person for giving false	12224
testimony, information, or other evidence.	12225

(B)(1) When a person is convicted of any misdemeanor drug	12226
abuse offense, the court, in determining whether to suspend	12227
sentence or place the person on probationunder a community	12228
control sanction pursuant to section 2929.25 of the Revised Code,	12229
shall take into consideration whether the person truthfully has	12230
revealed all information within the person's knowledge concerning	12231
illicit traffic in or use of drugs of abuse and, when required,	12232
has testified as to that information in any proceeding to obtain a	12233
search or arrest warrant against another or to prosecute another	12234
for any offense involving a drug of abuse. The information shall	12235
include, but is not limited to, the identity and whereabouts of	12236
accomplices, accessories, aiders, and abettors, if any, of the	12237
person or persons from whom any drug of abuse was obtained or to	12238
whom any drug of abuse was distributed, and of persons known or	12239
believed to be drug dependent persons, together with the location	12240
of any place or places where and the manner in which any drug of	12241
abuse is illegally cultivated, manufactured, sold, possessed, or	12242
used. The information also shall include all facts and	12243
circumstances surrounding any illicit traffic in or use of drugs	12244
of abuse of that nature.	12245

(2) If a person otherwise is eligible for intervention in	12246
lieu of conviction and being ordered to a period of rehabilitation	12247
under section 2951.041 of the Revised Code but the person has	12248
failed to cooperate with law enforcement authorities by providing	12249
them with the types of information described in division (B)(1) of	12250
this section, the person's lack of cooperation may be considered	12251
by the court under section 2951.041 of the Revised Code in	12252
determining whether to stay all criminal proceedings and order the	12253
person to a requested period of intervention.	12254

(C) In the absence of a competent and voluntary waiver of	12255
the right against self-incrimination, no information or testimony	12256
furnished pursuant to division (B) of this section shall be used	12257
in a prosecution of the person furnishing it for any offense other	12258
than a prosecution of that person for giving false testimony,	12259
information, or other evidence.	12260

Sec. 3734.44.  Notwithstanding the provisions of any law to	12261
the contrary, no permit or license shall be issued or renewed by	12262
the director of environmental protection, the hazardous waste	12263
facility board, or a board of health:	12264

(A) Unless the director, the hazardous waste facility board,	12265
or the board of health finds that the applicant, in any prior	12266
performance record in the transportation, transfer, treatment,	12267
storage, or disposal of solid wastes, infectious wastes, or	12268
hazardous waste, has exhibited sufficient reliability, expertise,	12269
and competency to operate the solid waste, infectious waste, or	12270
hazardous waste facility, given the potential for harm to human	12271
health and the environment that could result from the	12272
irresponsible operation of the facility, or, if no prior record	12273
exists, that the applicant is likely to exhibit that reliability,	12274
expertise, and competence;	12275

(B) If any individual or business concern required to be	12276
listed in the disclosure statement or shown to have a beneficial	12277
interest in the business of the applicant or the permittee, other	12278
than an equity interest or debt liability, by the investigation	12279
thereof, has been convicted of any of the following crimes under	12280
the laws of this state or equivalent laws of any other	12281
jurisdiction:	12282

(1) Murder;

12283

(2) Kidnapping;

12284

(3) Gambling;

12285

(4) Robbery;

12286

(5) Bribery;

12287

(6) Extortion;

12288

(7) Criminal usury;

12289

(8) Arson;

12290

(9) Burglary;

12291

(10) Theft and related crimes;

12292

(11) Forgery and fraudulent practices;

12293

(12) Fraud in the offering, sale, or purchase of securities;

12294

(13) Alteration of motor vehicle identification numbers;

12295

(14) Unlawful manufacture, purchase, use, or transfer of	12296
firearms;	12297

(15) Unlawful possession or use of destructive devices or	12298
explosives;	12299

(16) ViolationA violation of section 2925.03, 2925.04,	12300
2925.05, 2925.06, 2925.11, 2925.32, or 2925.37 or Chapter 3719. of	12301
the Revised Code, unless the violation is for possession of less	12302
than one hundred grams of marihuana, less than five grams of	12303
marihuana resin or extraction or preparation of marihuana resin,	12304
or less than one gram of marihuana resin in a liquid concentrate,	12305
liquid extract, or liquid distillate form;	12306

(17) Engaging in a pattern of corrupt activity under section	12307
2923.32 of the Revised Code;	12308

(18) ViolationA violation of the criminal provisions of	12309
Chapter 1331. of the Revised Code;	12310

(19) Any violation of the criminal provisions of any federal	12311
or state environmental protection laws, rules, or regulations that	12312
is committed knowingly or recklessly, as defined in section	12313
2901.22 of the Revised Code;	12314

(20) ViolationA violation of any provision of Chapter 2909.	12315
of the Revised Code;	12316

(21) Any offense specified in Chapter 2921. of the Revised	12317
Code.	12318

(C) Notwithstanding division (B) of this section, no	12319
applicant shall be denied the issuance or renewal of a permit or	12320
license on the basis of a conviction of any individual or business	12321
concern required to be listed in the disclosure statement or shown	12322
to have a beneficial interest in the business of the applicant or	12323
the permittee, other than an equity interest or debt liability, by	12324
the investigation thereof for any of the offenses enumerated in	12325
that division as disqualification criteria if that applicant has	12326
affirmatively demonstrated rehabilitation of the individual or	12327
business concern by a preponderance of the evidence. If any such	12328
individual was convicted of any of the offenses so enumerated that	12329
are felonies, a permit shall be denied unless five years have	12330
elapsed since the individual was fully discharged from	12331
imprisonment and parole for the offense, from a community control	12332
sanction imposed under section 2929.15 of the Revised Code, from a	12333
post-release control sanction imposed under section 2967.28 of the	12334
Revised Code for the offense, or imprisonment, probation, and	12335
parole for an offense that was committed prior to the effective	12336
date of this amendmentJuly 1, 1996. In determining whether an	12337
applicant has affirmatively demonstrated rehabilitation, the	12338
director, the hazardous waste facility board, or the board of	12339
health shall request a recommendation on the matter from the	12340
attorney general and shall consider and base the determination on	12341
the following factors:	12342

(1) The nature and responsibilities of the position a	12343
convicted individual would hold;	12344

(2) The nature and seriousness of the offense;

12345

(3) The circumstances under which the offense occurred;

12346

(4) The date of the offense;

12347

(5) The age of the individual when the offense was	12348
committed;	12349

(6) Whether the offense was an isolated or repeated	12350
incident;	12351

(7) Any social conditions that may have contributed to the	12352
offense;	12353

(8) Any evidence of rehabilitation, including good conduct	12354
in prison or in the community, counseling or psychiatric treatment	12355
received, acquisition of additional academic or vocational	12356
schooling, successful participation in correctional work release	12357
programs, or the recommendation of persons who have or have had	12358
the applicant under their supervision;	12359

(9) In the instance of an applicant that is a business	12360
concern, rehabilitation shall be established if the applicant has	12361
implemented formal management controls to minimize and prevent the	12362
occurrence of violations and activities that will or may result in	12363
permit or license denial or revocation or if the applicant has	12364
formalized those controls as a result of a revocation or denial of	12365
a permit or license. Those controls may include, but are not	12366
limited to, instituting environmental auditing programs to help	12367
ensure the adequacy of internal systems to achieve, maintain, and	12368
monitor compliance with applicable environmental laws and	12369
standards or instituting an antitrust compliance auditing program	12370
to help ensure full compliance with applicable antitrust laws. The	12371
business concern shall prove by a preponderance of the evidence	12372
that the management controls are effective in preventing the	12373
violations that are the subject of concern.	12374

(D) Unless the director, the hazardous waste facility board,	12375
or the board of health finds that the applicant has a history of	12376
compliance with environmental laws in this state and other	12377
jurisdictions and is presently in substantial compliance with, or	12378
on a legally enforceable schedule that will result in compliance	12379
with, environmental laws in this state and other jurisdictions.;	12380

(E) With respect to the approval of a permit, if the	12381
director or the hazardous waste facility board determines that	12382
current prosecutions or pending charges in any jurisdiction for	12383
any of the offenses enumerated in division (B) of this section	12384
against any individual or business concern required to be listed	12385
in the disclosure statement or shown by the investigation to have	12386
a beneficial interest in the business of the applicant other than	12387
an equity interest or debt liability are of such magnitude that	12388
they prevent making the finding required under division (A) of	12389
this section, provided that at the request of the applicant or the	12390
individual or business concern charged, the director or the	12391
hazardous waste facility board shall defer decision upon the	12392
application during the pendency of the charge.	12393

Sec. 3735.311.  (A) As used in this section, "felony" has	12394
the same meaning as in section 109.511 of the Revised Code.	12395

(B)(1) A metropolitan housing authority shall not employ a	12396
person as a member of the police force of the metropolitan housing	12397
authority on a permanent basis, on a temporary basis, for a	12398
probationary term, or on other than a permanent basis if the	12399
person previously has been convicted of or has pleaded guilty to a	12400
felony.	12401

(2)(a) A metropolitan housing authority shall terminate the	12402
employment of a member of the police force of the metropolitan	12403
housing authority who does either of the following:	12404

(i) Pleads guilty to a felony;

12405

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	12406
plea agreement as provided in division (D) of section 2929.29	12407
2929.43 of the Revised Code in which the member of the police	12408
force agrees to surrender the certificate awarded to that member	12409
under section 109.77 of the Revised Code.	12410

(b) A metropolitan housing authority shall suspend from	12411
employment a member of the police force of the metropolitan	12412
housing authority who is convicted, after trial, of a felony. If	12413
the member of the police force files an appeal from that	12414
conviction and the conviction is upheld by the highest court to	12415
which the appeal is taken or if the member of the police force	12416
does not file a timely appeal, the metropolitan housing authority	12417
shall terminate the employment of that member of the police force.	12418
If the member of the police force files an appeal that results in	12419
that member's acquittal of the felony or conviction of a	12420
misdemeanor, or in the dismissal of the felony charge against that	12421
member, the metropolitan housing authority shall reinstate that	12422
member of the police force. A member of the police force who is	12423
reinstated under division (B)(2)(b) of this section shall not	12424
receive any back pay unless that member's conviction of the felony	12425
was reversed on appeal, or the felony charge was dismissed,	12426
because the court found insufficient evidence to convict the	12427
member of the police force of the felony.	12428

(3) Division (B) of this section does not apply regarding an	12429
offense that was committed prior to January 1, 1997.	12430

(4) The suspension from employment, or the termination of	12431
the employment, of a member of the police force of a metropolitan	12432
housing authority under division (B)(2) of this section shall be	12433
in accordance with Chapter 119. of the Revised Code.	12434

Sec. 3748.99.  (A) Except as otherwise provided in division	12435
(B) of this section, whoever violates section 3748.15 of the	12436
Revised Code is guilty of a misdemeanor and shall be fined not	12437
more than one thousand dollars.	12438

(B)(1) Except as otherwise provided in division (B)(2) of	12439
this section, whoever recklessly violates section 3748.10 of the	12440
Revised Code or an order issued under division (B) of section	12441
3748.17 of the Revised Code to enforce that section is guilty of a	12442
felony of the fourth degree. Notwithstanding the statutory	12443
conventional fines specified for felonies in section 2929.18 of	12444
the Revised Code, if the court imposes a fine as a sanction, the	12445
fine shall be not less than ten thousand nor more than twenty-five	12446
thousand dollars. Each day of violation is a separate offense.	12447

(2) Upon a second or subsequent conviction of a violation of	12448
section 3748.10 of the Revised Code or an order issued under	12449
division (B) of section 3748.17 of the Revised Code to enforce	12450
that section that was committed recklessly, the offender is guilty	12451
of a felony of the fourth degree. Notwithstanding the statutory	12452
conventional fines specified for felonies in section 2929.18 of	12453
the Revised Code, if the court imposes a fine as a sanction, the	12454
fine shall be not less than twenty thousand nor more than fifty	12455
thousand dollars per day of violation. Each day of violation is a	12456
separate offense.	12457

Sec. 3793.13.  (A) Records or information, other than court	12458
journal entries or court docket entries, pertaining to the	12459
identity, diagnosis, or treatment of any patient whichthat are	12460
maintained in connection with the performance of any drug	12461
treatment program licensed by, or certified by, the director of	12462
alcohol and drug addiction services, under section 3793.11 of the	12463
Revised Code, shall be kept confidential, may be disclosed only	12464
for the purposes and under the circumstances expressly authorized	12465
under this section, and may not otherwise be divulged in any	12466
civil, criminal, administrative, or legislative proceeding.	12467

(B) When the patient, with respect to whom any record or	12468
information referred to in division (A) of this section is	12469
maintained, gives his consent in the form of a written release	12470
signed by the patient, the content of the record or information	12471
may be disclosed if the written release:	12472

(1) Specifically identifies the person, official, or entity	12473
to whom the information is to be provided;	12474

(2) Describes with reasonable specificity the record,	12475
records, or information to be disclosed; and	12476

(3) Describes with reasonable specificity the purposes of	12477
the disclosure and the intended use of the disclosed information.	12478

(C) A patient who is subject to a community control	12479
sanction, parole, probation,or a post-release control sanction or	12480
who is ordered to rehabilitation in lieu of conviction, and who	12481
has agreed to participate in a drug treatment or rehabilitation	12482
program as a condition of the community control sanction,	12483
post-release control sanction, parole, probation, or order to	12484
rehabilitation, shall be considered to have consented to the	12485
release of records and information relating to the progress of	12486
treatment, frequency of treatment, adherence to treatment	12487
requirements, and probable outcome of treatment. Release of	12488
information and records under this division shall be limited to	12489
the court or governmental personnel having the responsibility for	12490
supervising his probationthe patient's community control	12491
sanction, post-release control sanction, parole, or order to	12492
rehabilitation. A patient, described in this division, who	12493
refuses to allow disclosure may be considered in violation of the	12494
conditions of histhe patient's community control sanction,	12495
post-release control sanction, parole, probation, or order to	12496
rehabilitation.	12497

(D) Disclosure of a patient's record may be made without his	12498
the patient's consent to qualified personnel for the purpose of	12499
conducting scientific research, management, financial audits, or	12500
program evaluation, but these personnel may not identify, directly	12501
or indirectly, any individual patient in any report of the	12502
research, audit, or evaluation, or otherwise disclose a patient's	12503
identity in any manner.	12504

(E) Upon the request of a prosecuting attorney or the	12505
director of alcohol and drug addiction services, a court of	12506
competent jurisdiction may order the disclosure of records or	12507
information referred to in division (A) of this section if the	12508
court has reason to believe that a treatment program or facility	12509
is being operated or used in a manner contrary to law. The use of	12510
any information or record so disclosed shall be limited to the	12511
prosecution of persons who are or may be charged with any offense	12512
related to the illegal operation or use of the drug treatment	12513
program or facility, or to the decision to withdraw the authority	12514
of a drug treatment program or facility to continue operation. For	12515
purposes of this division the court shall:	12516

(1) Limit disclosure to those parts of the patient's record	12517
considered essential to fulfill the objective for which the order	12518
was granted;	12519

(2) Require, where appropriate, that all information be	12520
disclosed in chambers;	12521

(3) Include any other appropriate measures to keep	12522
disclosure to a minimum, consistent with the protection of the	12523
patients, the physician-patient relationship, and the	12524
administration of the drug treatment and rehabilitation program.	12525

(F) As used in this section:

12526

(1) "Community control sanction" has the same meaning as in	12527
section 2929.01 of the Revised Code.	12528

(2) "Post-release control sanction" has the same meaning as	12529
in section 2967.01 of the Revised Code.	12530

Sec. 3937.43.  (A) As used in this section:

12531

(1) "Automobile insurance policies" has the same meaning as	12532
in section 3937.30 of the Revised Code.	12533

(2) "Moving violation" means any violation of any statute or	12534
ordinance that regulates the operation of vehicles, streetcars, or	12535
trackless trolleys on highways or streets or that regulates size	12536
or load limitations or fitness requirements of vehicles. "Moving	12537
violation" does not include the violation of any statute or	12538
ordinance that regulates pedestrians or the parking of vehicles.	12539

(3)"Community control sanction" has the same meaning as in	12540
section 2929.01 of the Revised Code.	12541

(B) Every rating plan or schedule of rates for automobile	12542
insurance policies that is filed with the superintendent of	12543
insurance shall provide for an appropriate reduction in premium	12544
charges for any insured or applicant for insurance under the	12545
following conditions:	12546

(1) The applicant or insured is sixty years of age or older;

12547

(2) The applicant or insured successfully completes a motor	12548
vehicle accident prevention course, which includes classroom	12549
instruction and the passing of an examination in accordance with	12550
both of the following:	12551

(a) The state highway patrol shall approve the course and	12552
the examination. However, the state highway patrol shall not	12553
approve any correspondence course or any other course that does	12554
not provide classroom instruction.	12555

(b) The examination shall include an actual demonstration of	12556
the applicant's or insured's ability to exercise ordinary and	12557
reasonable control in the operation of a motor vehicle.	12558

(3) The applicant or insured submits to the insurer a	12559
certificate that is issued by the sponsor of the motor vehicle	12560
accident prevention course and attests to the successful	12561
completion of the course by the applicant or insured;	12562

(4) The insurer may consider the driving record of the	12563
applicant or insured in accordance with divisions (C) and (D) of	12564
this section.	12565

(C) In determining whether to grant a reduction in premium	12566
charges in accordance with this section, the insurer may consider	12567
the driving record of the insured or applicant for a three-year	12568
period prior to the successful completion of a motor vehicle	12569
accident prevention course.	12570

(D)(1) Subject to division (D)(2) of this section, every	12571
reduction in premium charges granted in accordance with this	12572
section shall be effective for an insured for a three-year period	12573
after each successful completion of a motor vehicle accident	12574
prevention course.	12575

(2) As a condition of maintaining a reduction in premium	12576
charges granted in accordance with this section, an insurer may	12577
require that the insured, during the three-year period for which	12578
the reduction has been granted, neither be involved in an accident	12579
for which the insured is primarily at fault, nor be convicted of	12580
more than one moving violation.	12581

(E) A reduction in premium charges granted in accordance	12582
with this section shall not become effective until the first full	12583
term of coverage following the successful completion of a motor	12584
vehicle accident prevention course in accordance with division (B)	12585
of this section.	12586

(F) The superintendent of the state highway patrol shall	12587
adopt rules in accordance with Chapter 119. of the Revised Code	12588
that are necessary to carry out the duties of the state highway	12589
patrol under this section.	12590

(G) This section does not apply to any automobile insurance	12591
policy issued under an assigned risk plan pursuant to section	12592
4509.70 of the Revised Code.	12593

(H) This section does not apply to circumstances in which	12594
the motor vehicle accident prevention course is required by a	12595
court as a condition of probation or suspension of sentencea	12596
community control sanction imposed for a moving violation.	12597

Sec. 3959.13.  Any person who, while licensed as an	12598
administrator, is convicted of a felony, shall report the	12599
conviction to the superintendent of insurance within thirty days	12600
of the entry date of the judgment of conviction. Within that	12601
thirty-day period, the person shall also provide the	12602
superintendent with a copy of the judgment, the probation or	12603
commitment order or the order imposing a community control	12604
sanction, and any other relevant documents.	12605

As used in this section, "community control sanction" has the	12606
same meaning as in section 2929.01 of the Revised Code.	12607

Sec. 4507.021.  (A) Every county court judge, mayor of a	12608
mayor's court, and clerk of a court of record shall keep a full	12609
record of every case in which a person is charged with any	12610
violation of sections 4511.01 to 4511.771, 4511.99, and 4513.01 to	12611
4513.36 of the Revised Code, or of any other law or ordinance	12612
regulating the operation of vehicles, streetcars, and trackless	12613
trolleys on highways or streets.	12614

A United States district court whose jurisdiction lies within	12615
this state may keep a full record of every case in which a person	12616
is charged with any violation of sections 4511.01 to 4511.771,	12617
4511.99, and 4513.01 to 4513.36 of the Revised Code, or of any	12618
other law or ordinance regulating the operation of vehicles,	12619
streetcars, and trackless trolleys on highways or streets located	12620
on federal property within this state.	12621

(B) If a person is convicted of or forfeits bail in relation	12622
to a violation of any section listed in division (A) of this	12623
section or a violation of any other law or ordinance regulating	12624
the operation of vehicles, streetcars, and trackless trolleys on	12625
highways or streets, the county court judge, mayor of a mayor's	12626
court, or clerk, within ten days after the conviction or bail	12627
forfeiture, shall prepare and immediately forward to the bureau of	12628
motor vehicles an abstract, certified by the preparer to be true	12629
and correct, of the court record covering the case in which the	12630
person was convicted or forfeited bail.	12631

If a person is convicted of or forfeits bail in relation to a	12632
violation of any section listed in division (A) of this section or	12633
a violation of any other law or ordinance regulating the operation	12634
of vehicles, streetcars, and trackless trolleys on highways or	12635
streets, a United States district court whose jurisdiction lies	12636
within this state, within ten days after the conviction or bail	12637
forfeiture, may prepare and immediately forward to the bureau an	12638
abstract, certified by the preparer to be true and correct, of the	12639
court record covering the case in which the person was convicted	12640
or forfeited bail.	12641

(C)(1) Each abstract required by division (B) of this	12642
section shall be made upon a form approved and furnished by the	12643
bureau and shall include the name and address of the person	12644
charged, the number of the person's driver's or commercial	12645
driver's license, the registration number of the vehicle involved,	12646
the nature of the offense, the date of the offense, the date of	12647
hearing, the plea, the judgment, or whether bail was forfeited,	12648
and the amount of the fine or forfeiture.	12649

If a United States district court whose jurisdiction lies	12650
within this state utilizes the provision contained in division (B)	12651
of this section and forwards an abstract to the bureau, on a form	12652
approved and furnished by the bureau, containing all the	12653
information prescribed in division (C)(1) of this section, the	12654
bureau shall accept and process the abstract in the same manner as	12655
it accepts and processes an abstract received from a county judge,	12656
mayor of a mayor's court, or clerk of a court of record.	12657

(2)(a) If a person is charged with a violation of section	12658
4511.19 of the Revised Code or a violation of any ordinance	12659
relating to operating a vehicle while under the influence of	12660
alcohol, a drug of abuse, or alcohol and a drug of abuse or	12661
relating to operating a vehicle with a prohibited concentration of	12662
alcohol in the blood, breath, or urine; if that charge is	12663
dismissed or reduced; if the person is convicted of or forfeits	12664
bail in relation to a violation of any other section of the	12665
Revised Code or of any ordinance that regulates the operation of	12666
vehicles, streetcars, and trackless trolleys on highways and	12667
streets but that does not relate to operating a vehicle while	12668
under the influence of alcohol, a drug of abuse, or alcohol and a	12669
drug of abuse or to operating a vehicle with a prohibited	12670
concentration of alcohol in the blood, breath, or urine; and if	12671
the violation of which the person was convicted or in relation to	12672
which the person forfeited bail arose out of the same facts and	12673
circumstances and the same act as did the charge that was	12674
dismissed or reduced, the abstract also shall set forth the charge	12675
that was dismissed or reduced, indicate that it was dismissed or	12676
reduced, and indicate that the violation resulting in the	12677
conviction or bail forfeiture arose out of the same facts and	12678
circumstances and the same act as did the charge that was	12679
dismissed or reduced.	12680

(b) If a charge against a person of a violation of division	12681
(B)(1) or (D)(2) of section 4507.02 of the Revised Code or any	12682
municipal ordinance that is substantially equivalent to that	12683
division is dismissed or reduced and if the person is convicted of	12684
or forfeits bail in relation to a violation of any other section	12685
of the Revised Code or any other ordinance that regulates the	12686
operation of vehicles, streetcars, and trackless trolleys on	12687
highways and streets that arose out of the same facts and	12688
circumstances as did the charge that was dismissed or reduced, the	12689
abstract also shall set forth the charge that was dismissed or	12690
reduced, indicate that it was dismissed or reduced, and indicate	12691
that the violation resulting in the conviction or bail forfeiture	12692
arose out of the same facts and circumstances and the same act as	12693
did the charge that was dismissed or reduced.	12694

(3) If a person was convicted of or pleaded guilty to a	12695
violation of division (B)(1) or (D)(2) of section 4507.02 of the	12696
Revised Code, a substantially equivalent municipal ordinance,	12697
section 4507.33 or division (A) of section 4511.19 of the Revised	12698
Code, or a municipal ordinance relating to operating a vehicle	12699
while under the influence of alcohol, a drug of abuse, or alcohol	12700
and a drug of abuse or with a prohibited concentration of alcohol	12701
in the blood, breath, or urine, and division (E) of section	12702
4503.234 of the Revised Code prohibits the registrar of motor	12703
vehicles and all deputy registrars from accepting an application	12704
for the registration of, or registering, any motor vehicle in the	12705
name of that person, the abstract shall specifically set forth	12706
these facts and clearly indicate the date on which the order of	12707
criminal forfeiture was issued or would have been issued but for	12708
the operation of division (C) of section 4503.234 or section	12709
4503.235 of the Revised Code. If the registrar receives an	12710
abstract containing this information relating to a person, the	12711
registrar, in accordance with sections 4503.12 and 4503.234 of the	12712
Revised Code, shall take all necessary measures to prevent the	12713
registrar's office or any deputy registrar from accepting from the	12714
person, for the period of time ending five years after the date on	12715
which the order was issued or would have been issued and as	12716
described in division (E) of section 4503.234 of the Revised Code,	12717
any new application for the registration of any motor vehicle in	12718
the name of the person.	12719

(D)(1) Every court of record also shall forward to the	12720
bureau an abstract of the court record as described in division	12721
(C) of this section upon the conviction of any person of	12722
aggravated vehicular homicide or vehicular homicide or of a felony	12723
in the commission of which a vehicle was used.	12724

A United States district court whose jurisdiction lies within	12725
this state also may forward to the bureau an abstract as described	12726
in division (C) of this section upon the conviction of any person	12727
of aggravated vehicular homicide or vehicular homicide or of a	12728
felony in the commission of which a vehicle was used.	12729

(2)(a) If a child has been adjudicated an unruly or	12730
delinquent child or a juvenile traffic offender for having	12731
committed any act that if committed by an adult would be a drug	12732
abuse offense, as defined in section 2925.01 of the Revised Code,	12733
or any violation of division (B) of section 2917.11 or of section	12734
4511.19 of the Revised Code, the court shall notify the bureau, by	12735
means of an abstract of the court record as described in divisions	12736
(B) and (C) of this section, within ten days after the	12737
adjudication.	12738

(b) If a court requires a child as provided in division	12739
(D)(2)(a) of this section to attend a drug abuse or alcohol abuse	12740
education, intervention, or treatment program, the abstract	12741
required by that division and forwarded to the bureau also shall	12742
include the name and address of the operator of the program and	12743
the date that the child entered the program. If the child	12744
satisfactorily completes the program, the court, immediately upon	12745
receipt of such information, shall send to the bureau an updated	12746
abstract that also shall contain the date on which the child	12747
satisfactorily completed the program.	12748

(E) The purposeful failure or refusal of the officer to	12749
comply with this section constitutes misconduct in office and is a	12750
ground for removal from the office.	12751

(F) The bureau shall record within ten days and keep all	12752
abstracts received under this section at its main office and shall	12753
maintain records of convictions and bond forfeitures for any	12754
violation of law or ordinance regulating the operation of	12755
vehicles, streetcars, and trackless trolleys on highways and	12756
streets, except as to parking a motor vehicle. The bureau also	12757
shall record any abstract of a case involving a first violation of	12758
division (D) of section 4511.21 of the Revised Code, whether or	12759
not points are to be assessed therefor, in such a manner that it	12760
becomes a part of the person's permanent record and assists a	12761
court in monitoring the assessment of points under division (G) of	12762
this section.	12763

(G) Every court of record or mayor's court before which a	12764
person is charged with a violation for which points are chargeable	12765
by this section shall assess and transcribe to the abstract of	12766
conviction report, furnished by the bureau, the number of points	12767
chargeable by this section in the correct space assigned on the	12768
reporting form. A United States district court whose jurisdiction	12769
lies within this state and before whom a person is charged with a	12770
violation for which points are chargeable by this section may	12771
assess and transcribe to the abstract of conviction report,	12772
furnished by the bureau, the number of points chargeable by this	12773
section in the correct space assigned on the reporting form. If	12774
the court so assesses and transcribes to the abstract of	12775
conviction report the number of points chargeable, the bureau	12776
shall record the points in the same manner as those assessed and	12777
transcribed by every court of record or mayor's court of this	12778
state. The points shall be assessed based on the following	12779
formula:	12780

(H) Upon receiving notification from the proper court,	12854
including a United States district court whose jurisdiction lies	12855
within this state, the bureau shall delete any points entered for	12856
bond forfeiture in the event the driver is acquitted of the	12857
offense for which bond was posted.	12858

(I) In the event a person is convicted of, or forfeits bail	12859
for two or more offenses, arising out of the same facts, and	12860
points are chargeable for each of the offenses, points shall be	12861
charged for only the conviction or bond forfeiture for which the	12862
greater number of points is chargeable, and if the number of	12863
points chargeable for each offense is equal, only one offense	12864
shall be recorded and points charged therefor.	12865

(J) Whenever the points charged against any person exceed	12866
five, the registrar shall forward to the person at the person's	12867
last known address, via regular mail, a warning letter listing the	12868
reported violations, along with the number of points charged for	12869
each, and outlining the suspension provision of this section.	12870

(K) When, upon determination of the registrar, any person	12871
has charged against the person a total of not less than twelve	12872
points within a period of two years from the date of the first	12873
conviction within the two-year period, the registrar shall send	12874
written notification to the person at the person's last known	12875
address, that the person's driver's or commercial driver's license	12876
shall be suspended for six months, effective on the twentieth day	12877
after mailing the notice, unless the person files a petition in	12878
the municipal court or the county court, or in case such person is	12879
under the age of eighteen years, in the juvenile court, in whose	12880
jurisdiction such person resides, or in the case of a nonresident,	12881
in the Franklin county municipal court. By filing an appeal the	12882
person is agreeing to pay the cost of the proceedings and is	12883
alleging that the person can show cause why the person's driving	12884
privileges should not be suspended for a period of six months.	12885

(L) Any person who has charged against the person more than	12886
five but not more than eleven points, for the purpose of obtaining	12887
a credit of two points against the total amount of points on the	12888
person's driving record, may enroll for one time only in a course	12889
of remedial driving instruction, as approved by the director of	12890
public safety. Such a credit, subject to successful completion of	12891
an approved remedial driving course taken at a time when more than	12892
five but not more than eleven points are charged against the	12893
person, shall be approved by the registrar.	12894

(M) When the driving privileges of any person are suspended	12895
by any trial judge of any court of record pursuant to section	12896
4507.16 of the Revised Code, and points are charged against the	12897
person under this section for the offense which resulted in the	12898
suspension, that period of suspension shall be credited against	12899
the time of any subsequent suspension under this section for which	12900
the points were considered in making the subsequent suspension.	12901

When the driving privileges of a person are suspended	12902
pursuant to the "Assimilative Crimes Act," 102 Stat. 4381 (1988),	12903
18 U.S.C.A. 13, as amended, by a United States district court	12904
whose jurisdiction lies within this state and the court utilizes	12905
the provision contained in division (B) of this section, and	12906
points are charged against the person under this section for the	12907
offense that resulted in the suspension, the period of suspension	12908
imposed by the district court shall be credited against the time	12909
of any subsequent suspension imposed under this section for which	12910
the points were considered in making the subsequent suspension.	12911

(N) The registrar, upon written request of a licensee	12912
petitioning under division (K) of this section, shall furnish the	12913
licensee a copy of the registrar's record of the convictions and	12914
bond forfeitures of the person certified by the registrar. This	12915
record shall include the name, address, and birthdate of the	12916
person so charged; the number of the person's driver's or	12917
commercial driver's license; the name of the court in which each	12918
conviction or bail forfeiture took place; the nature of the	12919
offense; the date of hearing; the number of points charged against	12920
each conviction or bail forfeiture; and such other information as	12921
the registrar considers necessary. When the record includes not	12922
less than twelve points charged against the person within a	12923
two-year period, it is prima-facie evidence that the person is a	12924
repeat traffic offender and the person's driving privilege shall	12925
be suspended as provided in this section.	12926

In hearing the matter and determining whether the person has	12927
shown cause why the person's driving privileges should not be	12928
suspended, the court shall decide the issue upon the record	12929
certified by the registrar and such additional relevant,	12930
competent, and material evidence as either the registrar or the	12931
person whose license is sought to be suspended submits.	12932

In such proceedings, the registrar shall be represented by	12933
the prosecuting attorney of the county in which the person resides	12934
if the petition is filed in the county court, except where the	12935
petitioner is a resident of a city or village within the	12936
jurisdiction of a county court in which case the city director of	12937
law or village solicitor shall represent the registrar. If the	12938
petition is filed in the municipal court, the registrar shall be	12939
represented as provided in section 1901.34 of the Revised Code.	12940

If the court finds from the evidence submitted that the	12941
person has failed to show cause why the person's driving	12942
privileges should not be suspended, then the court shall assess	12943
the cost of the proceedingproceedings against the person and	12944
shall impose the suspension provided in division (K) of this	12945
section or withhold the suspension, or part thereofof the	12946
suspension, and provide suchany conditions or probation asthat	12947
the court deems proper or impose a community control sanction	12948
pursuant to section 2929.15 or 2929.25 of the Revised Code. If	12949
the court finds that the person has shown cause why the person's	12950
driving privileges should not be suspended, the cost of the	12951
proceedings shall be paid out of the county treasury of the county	12952
in which the proceedings were held.	12953

Any person whose license is suspended under this section is	12954
not entitled to apply for or receive a new license during the	12955
effective period of the suspension.	12956

Upon termination of any suspension or other penalty imposed	12957
under this section involving surrender of a license or permit and	12958
upon request of the person whose license or permit was so	12959
suspended or surrendered, the registrar shall return the license	12960
or permit to the person upon determining that all provisions of	12961
section 4507.022 of the Revised Code have been met or shall	12962
reissue the person's license or permit under section 4507.54 of	12963
the Revised Code, if the registrar destroyed the license or permit	12964
under that section.	12965

Any person whose license, permit, or privilege to operate a	12966
motor vehicle has been suspended as a repeat traffic offender	12967
under this section and who, during such suspension, drives any	12968
motor vehicle upon any highway is guilty of a misdemeanor of the	12969
first degree, and no court shall suspend the first three days of	12970
any such sentence.	12971

(O) The privilege of driving a motor vehicle on the highways	12972
or streets of this state, given to nonresidents under section	12973
4507.04 of the Revised Code, is subject to suspension by the	12974
registrar.	12975

Sec. 4507.022.  Any person whose driver's or commercial	12976
driver's license or permit is suspended, or who is put on	12977
probationplaced under a community control sanction or granted	12978
limited or occupational driving privileges, under section 4507.021	12979
or division (E) of section 4507.16 of the Revised Code, is not	12980
eligible to retain the person's license, or to have the person's	12981
driving privileges reinstated, until each of the following has	12982
occurred:	12983

(A) The person successfully completes a course of remedial	12984
driving instruction approved by the director of public safety,	12985
provided the person commences taking the course after the person's	12986
driver's or commercial driver's license or permit is suspended	12987
under section 4507.021 or division (E) of section 4507.16 of the	12988
Revised Code. A minimum of twenty-five per cent of the number of	12989
hours of instruction included in the course shall be devoted to	12990
instruction on driver attitude.	12991

The course also shall devote a number of hours to instruction	12992
in the area of alcohol and drugs and the operation of motor	12993
vehicles. The instruction shall include, but not be limited to, a	12994
review of the laws governing the operation of a motor vehicle	12995
while under the influence of alcohol, drugs, or both, the dangers	12996
of operating a motor vehicle while under the influence of alcohol,	12997
drugs, or both, and other information relating to the operation of	12998
motor vehicles and the consumption of alcoholic beverages and use	12999
of drugs. The director, in consultation with the director of	13000
alcohol and drug addiction services, shall prescribe the content	13001
of the instruction. The number of hours devoted to the area of	13002
alcohol and drugs and the operation of motor vehicles shall	13003
comprise a minimum of twenty-five per cent of the number of hours	13004
of instruction included in the course.	13005

(B) The person is examined in the manner provided for in	13006
section 4507.20 of the Revised Code, and found by the registrar of	13007
motor vehicles to be qualified to operate a motor vehicle;	13008

(C) The person gives and maintains proof of financial	13009
responsibility, in accordance with section 4509.45 of the Revised	13010
Code.	13011

As used in this section, "community control sanction" has the	13012
same meaning as in section 2929.01 of the Revised Code.	13013

Sec. 4507.16.  (A)(1) The trial judge of any court of	13014
record, in addition to or independent of all other penalties	13015
provided by law or by ordinance, shall suspend for not less than	13016
thirty days or more than three years or shall revoke the driver's	13017
or commercial driver's license or permit or nonresident operating	13018
privilege of any person who is convicted of or pleads guilty to	13019
any of the following:	13020

(a) Perjury or the making of a false affidavit under this	13021
chapter, or any other law of this state requiring the registration	13022
of motor vehicles or regulating their operation on the highway;	13023

(b) Any crime punishable as a felony under the motor vehicle	13024
laws of this state or any other felony in the commission of which	13025
a motor vehicle is used;	13026

(c) Failing to stop and disclose identity at the scene of	13027
the accident when required by law or ordinance to do so;	13028

(d) Street racing as defined in section 4511.251 of the	13029
Revised Code or any substantially similar municipal ordinance;	13030

(e) Willfully eluding or fleeing a police officer;

13031

(f) Trafficking in cigarettes with the intent to avoid	13032
payment of the cigarette tax under division (A) of section	13033
5743.112 of the Revised Code.	13034

(2) Subject to division (D)(1) of this section, the trial	13035
judge of any court of record, in addition to or independent of all	13036
other penalties provided by law or by ordinance, shall suspend the	13037
driver's or commercial driver's license or permit or nonresident	13038
operating privilege of any person who is convicted of or pleads	13039
guilty to a violation of section 2903.06 or 2903.08 of the Revised	13040
Code. The suspension shall be for the period of time specified in	13041
section 2903.06 or 2903.08 of the Revised Code, whichever is	13042
applicable.	13043

(3) If a person is convicted of or pleads guilty to a	13044
violation of section 2907.24 of the Revised Code, an attempt to	13045
commit a violation of that section, or a violation of or an	13046
attempt to commit a violation of a municipal ordinance that is	13047
substantially equivalent to that section and if the person, in	13048
committing or attempting to commit the violation, was in, was on,	13049
or used a motor vehicle, the trial judge of a court of record, in	13050
addition to or independent of all other penalties provided by law	13051
or ordinance, shall suspend for thirty days the person's driver's	13052
or commercial driver's license or permit.	13053

The trial judge of any court of record, in addition to	13054
suspensions or revocations of licenses, permits, or privileges	13055
pursuant to this division and in addition to or independent of all	13056
other penalties provided by law or by ordinance, shall impose a	13057
suspended jail sentence not to exceed six months, if imprisonment	13058
was not imposed for the offense for which the person was	13059
convicted.	13060

(4) If the trial judge of any court of record suspends or	13061
revokes the driver's or commercial driver's license or permit or	13062
nonresident operating privilege of a person who is convicted of or	13063
pleads guilty to any offense for which such suspension or	13064
revocation is provided by law or ordinance, in addition to all	13065
other penalties provided by law or ordinance, the judge may issue	13066
an order prohibiting the offender from registering, renewing, or	13067
transferring the registration of any vehicle during the period	13068
that the offender's license, permit, or privilege is suspended or	13069
revoked. The court promptly shall send a copy of the order to the	13070
registrar of motor vehicles.	13071

Upon receipt of such an order, neither the registrar nor any	13072
deputy registrar shall accept any application for the	13073
registration, registration renewal, or transfer of registration of	13074
any motor vehicle owned or leased by the person named in the order	13075
during the period that the person's license, permit, or privilege	13076
is suspended or revoked, unless the registrar is properly notified	13077
by the court that the order of suspension or revocation has been	13078
canceled. When the period of suspension or revocation expires or	13079
the order is canceled, the registrar or deputy registrar shall	13080
accept the application for registration, registration renewal, or	13081
transfer of registration of the person named in the order.	13082

(B) Except as otherwise provided in this section, the trial	13083
judge of any court of record and the mayor of a mayor's court, in	13084
addition to or independent of all other penalties provided by law	13085
or by ordinance, shall revoke the driver's or commercial driver's	13086
license or permit or nonresident operating privilege of any person	13087
who is convicted of or pleads guilty to a violation of division	13088
(A) of section 4511.19 of the Revised Code, of a municipal	13089
ordinance relating to operating a vehicle while under the	13090
influence of alcohol, a drug of abuse, or alcohol and a drug of	13091
abuse, or of a municipal ordinance that is substantially	13092
equivalent to division (A) of section 4511.19 of the Revised Code	13093
relating to operating a vehicle with a prohibited concentration of	13094
alcohol in the blood, breath, or urine or suspend the license,	13095
permit, or privilege as follows:	13096

(1) Except when division (B)(2), (3), or (4) of this section	13097
applies and the judge or mayor is required to suspend or revoke	13098
the offender's license or permit pursuant to that division, the	13099
judge or mayor shall suspend the offender's driver's or commercial	13100
driver's license or permit or nonresident operating privilege for	13101
not less than six months nor more than three years.	13102

(2) Subject to division (B)(4) of this section, if, within	13103
six years of the offense, the offender has been convicted of or	13104
pleaded guilty to one violation of division (A) or (B) of section	13105
4511.19 of the Revised Code, a municipal ordinance relating to	13106
operating a vehicle while under the influence of alcohol, a drug	13107
of abuse, or alcohol and a drug of abuse, a municipal ordinance	13108
relating to operating a motor vehicle with a prohibited	13109
concentration of alcohol in the blood, breath, or urine, section	13110
2903.04 of the Revised Code in a case in which the offender was	13111
subject to the sanctions described in division (D) of that	13112
section, section 2903.06 or 2903.08 of the Revised Code, former	13113
section 2903.07 of the Revised Code, or a municipal ordinance that	13114
is substantially similar to former section 2903.07 of the Revised	13115
Code in a case in which the jury or judge found that the offender	13116
was under the influence of alcohol, a drug of abuse, or alcohol	13117
and a drug of abuse, or a statute of the United States or of any	13118
other state or a municipal ordinance of a municipal corporation	13119
located in any other state that is substantially similar to	13120
division (A) or (B) of section 4511.19 of the Revised Code, the	13121
judge shall suspend the offender's driver's or commercial driver's	13122
license or permit or nonresident operating privilege for not less	13123
than one year nor more than five years.	13124

(3) Subject to division (B)(4) of this section, if, within	13125
six years of the offense, the offender has been convicted of or	13126
pleaded guilty to two violations described in division (B)(2) of	13127
this section, or a statute of the United States or of any other	13128
state or a municipal ordinance of a municipal corporation located	13129
in any other state that is substantially similar to division (A)	13130
or (B) of section 4511.19 of the Revised Code, the judge shall	13131
suspend the offender's driver's or commercial driver's license or	13132
permit or nonresident operating privilege for not less than one	13133
year nor more than ten years.	13134

(4) If, within six years of the offense, the offender has	13135
been convicted of or pleaded guilty to three or more violations	13136
described in division (B)(2) of this section, a statute of the	13137
United States or of any other state or a municipal ordinance of a	13138
municipal corporation located in any other state that is	13139
substantially similar to division (A) or (B) of section 4511.19 of	13140
the Revised Code, or if the offender previously has been convicted	13141
of or pleaded guilty to a violation of division (A) of section	13142
4511.19 of the Revised Code under circumstances in which the	13143
violation was a felony and regardless of when the violation and	13144
the conviction or guilty plea occurred, the judge shall suspend	13145
the offender's driver's or commercial driver's license or permit	13146
or nonresident operating privilege for a period of time set by the	13147
court but not less than three years, and the judge may permanently	13148
revoke the offender's driver's or commercial driver's license or	13149
permit or nonresident operating privilege.	13150

(5) The filing of an appeal by a person whose driver's or	13151
commercial driver's license is suspended or revoked under division	13152
(B)(1), (2), (3), or (4) of this section regarding any aspect of	13153
the person's trial or sentence does not stay the operation of the	13154
suspension or revocation.	13155

(C) The trial judge of any court of record or the mayor of a	13156
mayor's court, in addition to or independent of all other	13157
penalties provided by law or by ordinance, may suspend the	13158
driver's or commercial driver's license or permit or nonresident	13159
operating privilege of any person who violates a requirement or	13160
prohibition of the court imposed under division (F) of this	13161
section or division (G)(C)(1) of section 2951.02 of the Revised	13162
Code as follows:	13163

(1) For not more than one year, upon conviction for a first	13164
violation of the requirement or prohibition;	13165

(2) For not more than five years, upon conviction for a	13166
second or subsequent violation of the requirement or prohibition	13167
during the same period of required use of an ignition interlock	13168
device that is certified pursuant to section 4511.83 of the	13169
Revised Code.	13170

(D)(1) The trial judge of any court of record, in addition	13171
to or independent of all other penalties provided by law or by	13172
ordinance, shall permanently revoke the driver's or commercial	13173
driver's license or permit or nonresident operating privilege of	13174
any person who is convicted of or pleads guilty to a violation of	13175
section 2903.04 or 2903.06 of the Revised Code in a case in which	13176
division (D) of section 2903.04 or division (B) of section 2903.06	13177
of the Revised Code requires the judge to permanently revoke the	13178
license, permit, or privilege.	13179

(2) In addition to any prison term authorized or required by	13180
the section that establishes the offense and sections 2929.13 and	13181
2929.14 of the Revised Code, and in addition to any other sanction	13182
imposed for the offense under the section that establishes the	13183
offense or sections 2929.11 to 2929.182 of the Revised Code, the	13184
court that sentences an offender who is convicted of or pleads	13185
guilty to a violation of section 2925.02, 2925.03, 2925.04,	13186
2925.041, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 2925.14,	13187
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the	13188
Revised Code either shall revoke or, if it does not revoke, shall	13189
suspend for not less than six months or more than five years, as	13190
specified in the section that establishes the offense, the	13191
person's driver's or commercial driver's license or permit. If	13192
the person's driver's or commercial driver's license or permit is	13193
under suspension on the date the court imposes sentence upon the	13194
person, any revocation imposed upon the person that is referred to	13195
in division (D)(2) of this section shall take effect immediately.	13196
If the person's driver's or commercial driver's license or permit	13197
is under suspension on the date the court imposes sentence upon	13198
the person, any period of suspension imposed upon the person that	13199
is referred to in division (D)(2) of this section shall take	13200
effect on the next day immediately following the end of that	13201
period of suspension. If the person is sixteen years of age or	13202
older and is a resident of this state but does not have a current,	13203
valid Ohio driver's or commercial driver's license or permit, the	13204
court shall order the registrar to deny to the person the issuance	13205
of a driver's or commercial driver's license or permit for six	13206
months beginning on the date the court imposes a sentence upon the	13207
person. If the person has not attained the age of sixteen years	13208
on the date the court sentences the person for the violation, the	13209
period of denial shall commence on the date the person attains the	13210
age of sixteen years.	13211

(E) Except as otherwise provided in this section, the trial	13212
judge of any court of record and the mayor of a mayor's court, in	13213
addition to or independent of all other penalties provided by law	13214
or ordinance, shall suspend for not less than sixty days nor more	13215
than two years the driver's or commercial driver's license or	13216
permit or nonresident operating privilege of any person who is	13217
convicted of or pleads guilty to a violation of division (B) of	13218
section 4511.19 of the Revised Code or of a municipal ordinance	13219
substantially equivalent to that division relating to operating a	13220
vehicle with a prohibited concentration of alcohol in the blood,	13221
breath, or urine.	13222

(F)(1) A person is not entitled to request, and a judge or	13223
mayor shall not grant to the person, occupational driving	13224
privileges under division (F) of this section if a person's	13225
driver's or commercial driver's license or permit or nonresident	13226
operating privilege has been suspended pursuant to division (B) or	13227
(C) of this section or pursuant to division (F) of section	13228
4511.191 of the Revised Code, and the person, within the preceding	13229
seven years, has been convicted of or pleaded guilty to three or	13230
more violations of one or more of the following:	13231

(a) Division (A) or (B) of section 4511.19 of the Revised	13232
Code;	13233

(b) A municipal ordinance relating to operating a vehicle	13234
while under the influence of alcohol, a drug of abuse, or alcohol	13235
and a drug of abuse;	13236

(c) A municipal ordinance relating to operating a vehicle	13237
with a prohibited concentration of alcohol in the blood, breath,	13238
or urine;	13239

(d) Section 2903.04 of the Revised Code in a case in which	13240
the person was subject to the sanctions described in division (D)	13241
of that section;	13242

(e) Division (A)(1) of section 2903.06 or division (A)(1) of	13243
section 2903.08 of the Revised Code or a municipal ordinance that	13244
is substantially similar to either of those divisions;	13245

(f) Division (A)(2), (3), or (4) of section 2903.06,	13246
division (A)(2) of section 2903.08, or former section 2903.07 of	13247
the Revised Code, or a municipal ordinance that is substantially	13248
similar to any of those divisions or that former section, in a	13249
case in which the jury or judge found that the person was under	13250
the influence of alcohol, a drug of abuse, or alcohol and a drug	13251
of abuse;	13252

(g) A statute of the United States or of any other state or	13253
a municipal ordinance of a municipal corporation located in any	13254
other state that is substantially similar to division (A) or (B)	13255
of section 4511.19 of the Revised Code.	13256

(2) Any other person who is not described in division (F)(1)	13257
of this section and whose driver's or commercial driver's license	13258
or nonresident operating privilege has been suspended under any of	13259
those divisions may file a petition that alleges that the	13260
suspension would seriously affect the person's ability to continue	13261
the person's employment. The petition of a person whose license,	13262
permit, or privilege was suspended pursuant to division (F) of	13263
section 4511.191 of the Revised Code shall be filed in the court	13264
specified in division (I)(4) of that section, and the petition of	13265
a person whose license, permit, or privilege was suspended under	13266
division (B) or (C) of this section shall be filed in the	13267
municipal, county, mayor's, or in the case of a minor, juvenile	13268
court that has jurisdiction over the place of arrest. Upon	13269
satisfactory proof that there is reasonable cause to believe that	13270
the suspension would seriously affect the person's ability to	13271
continue the person's employment, the judge of the court or mayor	13272
of the mayor's court may grant the person occupational driving	13273
privileges during the period during which the suspension otherwise	13274
would be imposed, except that the judge or mayor shall not grant	13275
occupational driving privileges for employment as a driver of	13276
commercial motor vehicles to any person who is disqualified from	13277
operating a commercial motor vehicle under section 3123.611 or	13278
4506.16 of the Revised Code or whose commercial driver's license	13279
or commercial driver's temporary intruction permit has been	13280
suspended under section 3123.58 of the Revised Code, and shall not	13281
grant occupational driving privileges during any of the following	13282
periods of time:	13283

(a) The first fifteen days of suspension imposed upon an	13284
offender whose license, permit, or privilege is suspended pursuant	13285
to division (B)(1) of this section or division (F)(1) of section	13286
4511.191 of the Revised Code. On or after the sixteenth day of	13287
suspension, the court may grant the offender occupational driving	13288
privileges, but the court may provide that the offender shall not	13289
exercise the occupational driving privileges unless the vehicles	13290
the offender operates are equipped with ignition interlock	13291
devices.	13292

(b) The first thirty days of suspension imposed upon an	13293
offender whose license, permit, or privilege is suspended pursuant	13294
to division (B)(2) of this section or division (F)(2) of section	13295
4511.191 of the Revised Code. On or after the thirty-first day of	13296
suspension, the court may grant the offender occupational driving	13297
privileges, but the court may provide that the offender shall not	13298
exercise the occupational driving privileges unless the vehicles	13299
the offender operates are equipped with ignition interlock	13300
devices.	13301

(c) The first one hundred eighty days of suspension imposed	13302
upon an offender whose license, permit, or privilege is suspended	13303
pursuant to division (B)(3) of this section or division (F)(3) of	13304
section 4511.191 of the Revised Code. The judge may grant	13305
occupational driving privileges to an offender who receives a	13306
suspension under either of those divisions on or after the one	13307
hundred eighty-first day of the suspension only if division (F) of	13308
this section does not prohibit the judge from granting the	13309
privileges and only if the judge, at the time of granting the	13310
privileges, also issues an order prohibiting the offender, while	13311
exercising the occupational driving privileges during the period	13312
commencing with the one hundred eighty-first day of suspension and	13313
ending with the first year of suspension, from operating any motor	13314
vehicle unless it is equipped with a certified ignition interlock	13315
device. After the first year of the suspension, the court may	13316
authorize the offender to continue exercising the occupational	13317
driving privileges in vehicles that are not equipped with ignition	13318
interlock devices. If the offender does not petition for	13319
occupational driving privileges until after the first year of	13320
suspension and if division (F) of this section does not prohibit	13321
the judge from granting the privileges, the judge may grant the	13322
offender occupational driving privileges without requiring the use	13323
of a certified ignition interlock device.	13324

(d) The first three years of suspension imposed upon an	13325
offender whose license, permit, or privilege is suspended pursuant	13326
to division (B)(4) of this section or division (F)(4) of section	13327
4511.191 of the Revised Code. The judge may grant occupational	13328
driving privileges to an offender who receives a suspension under	13329
either of those divisions after the first three years of	13330
suspension only if division (F) of this section does not prohibit	13331
the judge from granting the privileges and only if the judge, at	13332
the time of granting the privileges, also issues an order	13333
prohibiting the offender from operating any motor vehicle, for the	13334
period of suspension following the first three years of	13335
suspension, unless the motor vehicle is equipped with a certified	13336
ignition interlock device.	13337

(G) If a person's driver's or commercial driver's license or	13338
permit or nonresident operating privilege has been suspended under	13339
division (E) of this section, and the person, within the preceding	13340
seven years, has been convicted of or pleaded guilty to three or	13341
more violations identified in division (F)(1) of this section, the	13342
person is not entitled to request, and the judge or mayor shall	13343
not grant to the person, occupational driving privileges under	13344
this division. Any other person whose driver's or commercial	13345
driver's license or nonresident operating privilege has been	13346
suspended under division (E) of this section may file a petition	13347
that alleges that the suspension would seriously affect the	13348
person's ability to continue the person's employment. The	13349
petition shall be filed in the municipal, county, or mayor's court	13350
that has jurisdiction over the place of arrest. Upon satisfactory	13351
proof that there is reasonable cause to believe that the	13352
suspension would seriously affect the person's ability to continue	13353
the person's employment, the judge of the court or mayor of the	13354
mayor's court may grant the person occupational driving privileges	13355
during the period during which the suspension otherwise would be	13356
imposed, except that the judge or mayor shall not grant	13357
occupational driving privileges for employment as a driver of	13358
commercial motor vehicles to any person who is disqualified from	13359
operating a commercial motor vehicle under section 4506.16 of the	13360
Revised Code, and shall not grant occupational driving privileges	13361
during the first sixty days of suspension imposed upon an offender	13362
whose driver's or commercial driver's license or permit or	13363
nonresident operating privilege is suspended pursuant to division	13364
(E) of this section.	13365

(H)(1) After a driver's or commercial driver's license or	13366
permit has been suspended or revoked pursuant to this section, the	13367
judge of the court or mayor of the mayor's court that suspended or	13368
revoked the license or permit shall cause the offender to deliver	13369
the license or permit to the court. The judge, mayor, or clerk of	13370
the court or mayor's court, if the license or permit has been	13371
suspended or revoked in connection with any of the offenses listed	13372
in this section, forthwith shall forward it to the registrar with	13373
notice of the action of the court.	13374

(2) Suspension of a commercial driver's license under this	13375
section shall be concurrent with any period of disqualification	13376
under section 3123.611 or 4506.16 of the Revised Code or any	13377
period of suspension under section 3123.58 of the Revised Code. No	13378
person who is disqualified for life from holding a commercial	13379
driver's license under section 4506.16 of the Revised Code shall	13380
be issued a driver's license under this chapter during the period	13381
for which the commercial driver's license was suspended under this	13382
section, and no person whose commercial driver's license is	13383
suspended under this section shall be issued a driver's license	13384
under this chapter during the period of the suspension.	13385

(I) No judge shall suspend the first thirty days of	13386
suspension of a driver's or commercial driver's license or permit	13387
or a nonresident operating privilege required under division (A)	13388
of this section, no judge or mayor shall suspend the first six	13389
months of suspension required under division (B)(1) of this	13390
section, no judge shall suspend the first year of suspension	13391
required under division (B)(2) of this section, no judge shall	13392
suspend the first year of suspension required under division	13393
(B)(3) of this section, no judge shall suspend the first three	13394
years of suspension required under division (B)(4) of this	13395
section, no judge or mayor shall suspend the revocation required	13396
by division (D) of this section, and no judge or mayor shall	13397
suspend the first sixty days of suspension required under division	13398
(E) of this section, except that the court shall credit any period	13399
of suspension imposed pursuant to section 4511.191 or 4511.196 of	13400
the Revised Code against any time of suspension imposed pursuant	13401
to division (B) or (E) of this section as described in division	13402
(J) of this section.	13403

(J) The judge of the court or mayor of the mayor's court	13404
shall credit any time during which an offender was subject to an	13405
administrative suspension of the offender's driver's or commercial	13406
driver's license or permit or nonresident operating privilege	13407
imposed pursuant to division (E) or (F) of section 4511.191 or a	13408
suspension imposed by a judge, referee, or mayor pursuant to	13409
division (B)(1) or (2) of section 4511.196 of the Revised Code	13410
against the time to be served under a related suspension imposed	13411
pursuant to this section.	13412

(K) The judge or mayor shall notify the bureau of any	13413
determinations made, and of any suspensions or revocations	13414
imposed, pursuant to division (B) of this section.	13415

(L)(1) If a court issues an ignition interlock order under	13416
division (F) of this section, the order shall authorize the	13417
offender during the specified period to operate a motor vehicle	13418
only if it is equipped with a certified ignition interlock device.	13419
The court shall provide the offender with a copy of an ignition	13420
interlock order issued under division (F) of this section, and the	13421
copy of the order shall be used by the offender in lieu of an Ohio	13422
driver's or commercial driver's license or permit until the	13423
registrar or a deputy registrar issues the offender a restricted	13424
license.	13425

An order issued under division (F) of this section does not	13426
authorize or permit the offender to whom it has been issued to	13427
operate a vehicle during any time that the offender's driver's or	13428
commercial driver's license or permit is suspended or revoked	13429
under any other provision of law.	13430

(2) The offender may present the ignition interlock order to	13431
the registrar or to a deputy registrar. Upon presentation of the	13432
order to the registrar or a deputy registrar, the registrar or	13433
deputy registrar shall issue the offender a restricted license. A	13434
restricted license issued under this division shall be identical	13435
to an Ohio driver's license, except that it shall have printed on	13436
its face a statement that the offender is prohibited during the	13437
period specified in the court order from operating any motor	13438
vehicle that is not equipped with a certified ignition interlock	13439
device, and except that the date of commencement and the date of	13440
termination of the period shall be indicated conspicuously upon	13441
the face of the license.	13442

(3) As used in this section:

13443

(a) "Ignition interlock device" has the same meaning as in	13444
section 4511.83 of the Revised Code.	13445

(b) "Certified ignition interlock device" means an ignition	13446
interlock device that is certified pursuant to section 4511.83 of	13447
the Revised Code.	13448

Sec. 4507.99.  (A) Whoever violates division (B)(2) or	13449
(D)(1) of section 4507.02 of the Revised Code is guilty of driving	13450
under suspension or revocation or in violation of license	13451
restrictions, a misdemeanor of the first degree. Whoever violates	13452
division (C) of section 4507.02 of the Revised Code is guilty of	13453
driving without paying a license reinstatement fee, a misdemeanor	13454
of the first degree. Except as otherwise provided in division (D)	13455
of section 4507.162 of the Revised Code, the court, in addition to	13456
or independent of all other penalties provided by law, may suspend	13457
for a period not to exceed one year the driver's or commercial	13458
driver's license or permit or nonresident operating privilege of	13459
any person who pleads guilty to or is convicted of a violation of	13460
division (B)(2), (C), or (D)(1) of section 4507.02 of the Revised	13461
Code.	13462

(B) Whoever violates division (D)(2) of section 4507.02 of	13463
the Revised Code is guilty of driving under OMVI suspension or	13464
revocation and shall be punished as provided in division (B)(1),	13465
(2), or (3) and divisions (B)(4) to (8) of this section.	13466

(1) Except as otherwise provided in division (B)(2) or (3)	13467
of this section, driving under OMVI suspension or revocation is a	13468
misdemeanor of the first degree, and the court shall sentence the	13469
offender to a jail term of imprisonment of not less than three	13470
consecutive days and may sentence the offender pursuant to section	13471
2929.212929.24 of the Revised Code to a longer jail term of	13472
imprisonment. As an alternative to the jail term of imprisonment	13473
required to be imposed by this division, but subject to division	13474
(B)(6) of this section, the court may sentence the offender to a	13475
term of not less than thirty consecutive days of electronically	13476
monitored house arrest as defined in division (A)(4) of section	13477
2929.23 of the Revised Codewith electronic monitoring. The	13478
period of electronically monitored house arrest with electronic	13479
monitoring shall not exceed six months. In addition, the court	13480
shall impose upon the offender a fine of not less than two hundred	13481
fifty and not more than one thousand dollars.	13482

Regardless of whether the vehicle the offender was operating	13483
at the time of the offense is registered in the offender's name or	13484
in the name of another person, the court, in addition to or	13485
independent of any other sentence that it imposes upon the	13486
offender and subject to section 4503.235 of the Revised Code,	13487
shall order the immobilization for thirty days of the vehicle the	13488
offender was operating at the time of the offense and the	13489
impoundment for thirty days of the identification license plates	13490
of that vehicle. The order for immobilization and impoundment	13491
shall be issued and enforced in accordance with section 4503.233	13492
of the Revised Code.	13493

(2) If, within five years of the offense, the offender has	13494
been convicted of or pleaded guilty to one violation of division	13495
(D)(2) of section 4507.02 of the Revised Code or a municipal	13496
ordinance that is substantially equivalent to that division,	13497
driving under OMVI suspension or revocation is a misdemeanor, and	13498
the court shall sentence the offender to a jail term of	13499
imprisonment of not less than ten consecutive days and may	13500
sentence the offender to a longer definite jail term of	13501
imprisonment of not more than one year. As an alternative to the	13502
jail term of imprisonment required to be imposed by this division,	13503
but subject to division (B)(6) of this section, the court may	13504
sentence the offender to a term of not less than ninety	13505
consecutive days of electronically monitored house arrest as	13506
defined in division (A)(4) of section 2929.23 of the Revised Code	13507
with electronic monitoring. The period of electronically	13508
monitored house arrest with electronic monitoring shall not exceed	13509
one year. In addition, the court shall impose upon the offender a	13510
fine of not less than five hundred and not more than two thousand	13511
five hundred dollars.	13512

Regardless of whether the vehicle the offender was operating	13513
at the time of the offense is registered in the offender's name or	13514
in the name of another person, the court, in addition to or	13515
independent of any other sentence that it imposes upon the	13516
offender and subject to section 4503.235 of the Revised Code,	13517
shall order the immobilization for sixty days of the vehicle the	13518
offender was operating at the time of the offense and the	13519
impoundment for sixty days of the identification license plates of	13520
that vehicle. The order for immobilization and impoundment shall	13521
be issued and enforced in accordance with section 4503.233 of the	13522
Revised Code.	13523

(3) If, within five years of the offense, the offender has	13524
been convicted of or pleaded guilty to two or more violations of	13525
division (D)(2) of section 4507.02 of the Revised Code or a	13526
municipal ordinance that is substantially equivalent to that	13527
division, driving under OMVI suspension or revocation is guilty of	13528
a misdemeanor. The court shall sentence the offender to a jail	13529
term of imprisonment of not less than thirty consecutive days and	13530
may sentence the offender to a longer definite jail term of	13531
imprisonment of not more than one year. The court shall not	13532
sentence the offender to a term of electronically monitored house	13533
arrest as defined in division (A)(4) of section 2929.23 of the	13534
Revised Codewith electronic monitoring. In addition, the court	13535
shall impose upon the offender a fine of not less than five	13536
hundred and not more than two thousand five hundred dollars.	13537

Regardless of whether the vehicle the offender was operating	13538
at the time of the offense is registered in the offender's name or	13539
in the name of another person, the court, in addition to or	13540
independent of any other sentence that it imposes upon the	13541
offender and subject to section 4503.235 of the Revised Code,	13542
shall order the criminal forfeiture to the state of the vehicle	13543
the offender was operating at the time of the offense. The order	13544
of criminal forfeiture shall be issued and enforced in accordance	13545
with section 4503.234 of the Revised Code.	13546

If title to a motor vehicle that is subject to an order for	13547
criminal forfeiture under this section is assigned or transferred	13548
and division (C)(2) or (3) of section 4503.234 of the Revised Code	13549
applies, in addition to or independent of any other penalty	13550
established by law, the court may fine the offender the value of	13551
the vehicle as determined by publications of the national auto	13552
dealer's association. The proceeds from any fine imposed under	13553
this division shall be distributed in accordance with division	13554
(D)(4) of section 4503.234 of the Revised Code.	13555

(4) In addition to or independent of all other penalties	13556
provided by law or ordinance, the trial judge of any court of	13557
record or the mayor of a mayor's court shall suspend for a period	13558
not to exceed one year the driver's or commercial driver's license	13559
or permit or nonresident operating privilege of an offender who is	13560
sentenced under division (B)(1), (2), or (3) of this section.	13561

(5) Fifty per cent of any fine imposed by a court under	13562
division (B)(1), (2), or (3) of this section shall be deposited	13563
into the county indigent drivers alcohol treatment fund or	13564
municipal indigent drivers alcohol treatment fund under the	13565
control of that court, as created by the county or municipal	13566
corporation pursuant to division (N) of section 4511.191 of the	13567
Revised Code.	13568

(6) No court shall impose the alternative sentence of not	13569
less than thirty consecutive days of electronically monitored	13570
house arrest with electronic monitoring permitted to be imposed by	13571
division (B)(1) of this section or the alternative sentence of a	13572
term of not less than ninety consecutive days of electronically	13573
monitored house arrest with electronic monitoring permitted to be	13574
imposed by division (B)(2) of this section, unless within sixty	13575
days of the date of sentencing, the court issues a written	13576
finding, entered into the record, that, due to the unavailability	13577
of space at the incarceration facility where the offender is	13578
required to serve the jail term of imprisonment imposed upon the	13579
offender, the offender will not be able to begin serving that jail	13580
term of imprisonment within the sixty-day period following the	13581
date of sentencing. If the court issues such a finding, the court	13582
may impose the alternative sentence comprised of or including	13583
electronically monitored house arrest with electronic monitoring	13584
permitted to be imposed by division (B)(1) or (2) of this section.	13585

(7) An offender sentenced under this section to a period of	13586
electronically monitored house arrest with electronic monitoring	13587
shall be permitted work release during such period. The duration	13588
of the work release shall not exceed the time necessary each day	13589
for the offender to commute to and from the place of employment	13590
and the offender's home or other place specified by the sentencing	13591
court and the time actually spent under employment.	13592

(8) Suspension of a commercial driver's license under this	13593
section shall be concurrent with any period of disqualification	13594
under section 3123.611 or 4506.16 of the Revised Code or any	13595
period of suspension under section 3123.58 of the Revised Code. No	13596
person who is disqualified for life from holding a commercial	13597
driver's license under section 4506.16 of the Revised Code shall	13598
be issued a driver's license under this chapter during the period	13599
for which the commercial driver's license was suspended under this	13600
section, and no person whose commercial driver's license is	13601
suspended under this section shall be issued a driver's license	13602
under this chapter during the period of the suspension.	13603

(9) As used in division (B) of this section "electronic	13604
monitoring" has the same meaning as in section 2929.01 of the	13605
Revised Code.	13606

(C) Whoever violates division (B)(1) of section 4507.02 of	13607
the Revised Code is guilty of driving under financial	13608
responsibility law suspension or revocation and shall be punished	13609
as provided in division (C)(1), (2), or (3) and division (C)(4) of	13610
this section.	13611

(1) Except as otherwise provided in division (C)(2) or (3)	13612
of this section, driving under financial responsibility law	13613
suspension or revocation is a misdemeanor of the first degree.	13614

Regardless of whether the vehicle the offender was operating	13615
at the time of the offense is registered in the offender's name or	13616
in the name of another person, the court, in addition to or	13617
independent of any other sentence that it imposes upon the	13618
offender and subject to section 4503.235 of the Revised Code,	13619
shall order the immobilization for thirty days of the vehicle the	13620
offender was operating at the time of the offense and the	13621
impoundment for thirty days of the identification license plates	13622
of that vehicle. The order for immobilization and impoundment	13623
shall be issued and enforced in accordance with section 4503.233	13624
of the Revised Code.	13625

(2) If, within five years of the offense, the offender has	13626
been convicted of or pleaded guilty to one violation of division	13627
(B)(1) of section 4507.02 of the Revised Code or a municipal	13628
ordinance that is substantially equivalent to that division,	13629
driving under financial responsibility law suspension or	13630
revocation is a misdemeanor of the first degree.	13631

Regardless of whether the vehicle the offender was operating	13632
at the time of the offense is registered in the offender's name or	13633
in the name of another person, the court, in addition to or	13634
independent of any other sentence that it imposes upon the	13635
offender and subject to section 4503.235 of the Revised Code,	13636
shall order the immobilization for sixty days of the vehicle the	13637
offender was operating at the time of the offense and the	13638
impoundment for sixty days of the identification license plates of	13639
that vehicle. The order for immobilization and impoundment shall	13640
be issued and enforced in accordance with section 4503.233 of the	13641
Revised Code.	13642

(3) If, within five years of the offense, the offender has	13643
been convicted of or pleaded guilty to two or more violations of	13644
division (B)(1) of section 4507.02 of the Revised Code or a	13645
municipal ordinance that is substantially equivalent to that	13646
division, driving under financial responsibility law suspension or	13647
revocation is a misdemeanor of the first degree.	13648

Regardless of whether the vehicle the offender was operating	13649
at the time of the offense is registered in the offender's name or	13650
in the name of another person, the court, in addition to or	13651
independent of any other sentence that it imposes upon the	13652
offender and subject to section 4503.235 of the Revised Code,	13653
shall order the criminal forfeiture to the state of the vehicle	13654
the offender was operating at the time of the offense. The order	13655
of criminal forfeiture shall be issued and enforced in accordance	13656
with section 4503.234 of the Revised Code.	13657

If title to a motor vehicle that is subject to an order for	13658
criminal forfeiture under this section is assigned or transferred	13659
and division (C)(2) or (3) of section 4503.234 of the Revised Code	13660
applies, in addition to or independent of any other penalty	13661
established by law, the court may fine the offender the value of	13662
the vehicle as determined by publications of the national auto	13663
dealer's association. The proceeds from any fine imposed under	13664
this division shall be distributed in accordance with division	13665
(D)(4) of section 4503.234 of the Revised Code.	13666

(4) Except as otherwise provided in division (D) of section	13667
4507.162 of the Revised Code, the court, in addition to or	13668
independent of all other penalties provided by law, may suspend	13669
for a period not to exceed one year the driver's or commercial	13670
driver's license or permit or nonresident operating privilege of	13671
an offender who is sentenced under division (C)(1), (2), or (3) of	13672
this section.	13673

(5) The court shall not release a vehicle from the	13674
immobilization ordered under division (C)(1) or (2) of this	13675
section unless the court is presented with current proof of	13676
financial responsibility with respect to that vehicle.	13677

(D) Whoever violates division (A)(1) or (3) of section	13678
4507.02 of the Revised Code by operating a motor vehicle when the	13679
offender's driver's or commercial driver's license has been	13680
expired for no more than six months is guilty of a minor	13681
misdemeanor. Whoever violates division (B) of section 4507.13 or	13682
division (C) of section 4507.52 of the Revised Code is guilty of a	13683
minor misdemeanor.	13684

(E) Whoever violates section 4507.33 of the Revised Code is	13685
guilty of permitting the operation of a vehicle by a person with	13686
no legal right to operate a vehicle and shall be punished as	13687
provided in division (E)(1) or (2) of this section.	13688

(1) Except as otherwise provided in division (E)(2) of this	13689
section, permitting the operation of a vehicle by a person with no	13690
legal right to operate a vehicle is a misdemeanor of the first	13691
degree. In addition to or independent of any other sentence that	13692
it imposes upon the offender and subject to section 4503.235 of	13693
the Revised Code, the court shall order the immobilization for	13694
thirty days of the vehicle involved in the offense and the	13695
impoundment for thirty days of the identification license plates	13696
of that vehicle. The order for immobilization and impoundment	13697
shall be issued and enforced in accordance with section 4503.233	13698
of the Revised Code.	13699

(2) If the offender previously has been convicted of or	13700
pleaded guilty to one or more violations of section 4507.33 of the	13701
Revised Code, permitting the operation of a vehicle by a person	13702
with no legal right to operate a vehicle is a misdemeanor of the	13703
first degree. In addition to or independent of any other sentence	13704
that it imposes upon the offender and subject to section 4503.235	13705
of the Revised Code, the court shall order the criminal forfeiture	13706
to the state of the vehicle involved in the offense. The order of	13707
criminal forfeiture shall be issued and enforced in accordance	13708
with section 4503.234 of the Revised Code.	13709

If title to a motor vehicle that is subject to an order for	13710
criminal forfeiture under this section is assigned or transferred	13711
and division (C)(2) or (3) of section 4503.234 of the Revised Code	13712
applies, in addition to or independent of any other penalty	13713
established by law, the court may fine the offender the value of	13714
the vehicle as determined by publications of the national auto	13715
dealer's association. The proceeds from any fine imposed under	13716
this division shall be distributed in accordance with division	13717
(D)(4) of section 4503.234 of the Revised Code.	13718

(F) Whoever violates division (F)(1) or (2) of section	13719
4507.05, or division (B) or (D) of section 4507.071 of the Revised	13720
Code is guilty of a minor misdemeanor.	13721

(G) Whoever violates division (G) of section 4507.21 of the	13722
Revised Code shall be fined one hundred dollars.	13723

(H) Except as provided in divisions (A) to (E) of this	13724
section and unless another penalty is provided by the laws of this	13725
state, whoever violates any provision of sections 4507.01 to	13726
4507.081 or 4507.10 to 4507.37 of the Revised Code is guilty of a	13727
misdemeanor of the first degree.	13728

(I) Whenever a person is found guilty of a violation of	13729
section 4507.32 of the Revised Code, the trial judge of any court	13730
of record, in addition to or independent of all other penalties	13731
provided by law or ordinance, may suspend for any period of time	13732
not exceeding three years or revoke the license of any person,	13733
partnership, association, or corporation, issued under section	13734
4511.763 of the Revised Code.	13735

(J) Whenever a person is found guilty of a violation of a	13736
traffic offense specified in Traffic Rule 13(B) that requires the	13737
person's appearance in court, the court shall require the person	13738
to verify the existence at the time of the offense of proof of	13739
financial responsibility covering the person's operation of the	13740
motor vehicle, or the motor vehicle if registered in the person's	13741
name, and notify the registrar pursuant to division (D) of section	13742
4509.101 of the Revised Code if the person fails to verify the	13743
existence of such proof of financial responsibility.	13744

Sec. 4511.83.  (A) As used in this section:

13745

(1) "Ignition interlock device" means a device that connects	13746
a breath analyzer to a motor vehicle's ignition system, that is	13747
constantly available to monitor the concentration by weight of	13748
alcohol in the breath of any person attempting to start that motor	13749
vehicle by using its ignition system, and that deters starting the	13750
motor vehicle by use of its ignition system unless the person	13751
attempting to so start the vehicle provides an appropriate breath	13752
sample for the device and the device determines that the	13753
concentration by weight of alcohol in the person's breath is below	13754
a preset level.	13755

(2) "Offender with restricted driving privileges" means an	13756
offender who is subject to an order that was issued under division	13757
(F) of section 4507.16 of the Revised Code as a condition of the	13758
granting of occupational driving privileges or an offender whose	13759
driving privilege is restricted as a condition of probationa	13760
community control sanction pursuant to division (G)(C) of section	13761
2951.02 of the Revised Code.	13762

(3) "Community control sanction" has the same meaning as in	13763
section 2929.01 of the Revised Code.	13764

(B)(1) Except in cases of a substantial emergency when no	13765
other person is reasonably available to drive in response to the	13766
emergency, no person shall knowingly rent, lease, or lend a motor	13767
vehicle to any offender with restricted driving privileges, unless	13768
the vehicle is equipped with a functioning ignition interlock	13769
device that is certified pursuant to division (D) of this section.	13770

(2) Any offender with restricted driving privileges who	13771
rents, leases, or borrows a motor vehicle from another person	13772
shall notify the person who rents, leases, or lends the motor	13773
vehicle to the offender that the offender has restricted driving	13774
privileges and of the nature of the restriction.	13775

(3) Any offender with restricted driving privileges who is	13776
required to operate a motor vehicle owned by the offender's	13777
employer in the course and scope of the offender's employment may	13778
operate that vehicle without the installation of an ignition	13779
interlock device, provided that the employer has been notified	13780
that the offender has restricted driving privileges and of the	13781
nature of the restriction and provided further that the offender	13782
has proof of the employer's notification in the offender's	13783
possession while operating the employer's vehicle for normal	13784
business duties. A motor vehicle owned by a business that is	13785
partly or entirely owned or controlled by an offender with	13786
restricted driving privileges is not a motor vehicle owned by an	13787
employer, for purposes of this division.	13788

(C) If a court, pursuant to division (F) of section 4507.16	13789
of the Revised Code, imposes the use of an ignition interlock	13790
device as a condition of the granting of occupational driving	13791
privileges, the court shall require the offender to provide proof	13792
of compliance to the court at least once quarterly or more	13793
frequently as ordered by the court in its discretion. If a court	13794
imposes the use of an ignition interlock device as a condition of	13795
probationa community control sanction under division (G)(C) of	13796
section 2951.02 of the Revised Code, the court shall require the	13797
offender to provide proof of compliance to the court or probation	13798
officer prior to issuing any driving privilege or continuing the	13799
probationcommunity control status. In either case in which a	13800
court imposes the use of such a device, the offender, at least	13801
once quarterly or more frequently as ordered by the court in its	13802
discretion, shall have the device inspected as ordered by the	13803
court for accurate operation and shall provide the results of the	13804
inspection to the court or, if applicable, to the offender's	13805
probation officer.	13806

(D)(1) The director of public safety, upon consultation with	13807
the director of health and in accordance with Chapter 119. of the	13808
Revised Code, shall certify ignition interlock devices and shall	13809
publish and make available to the courts, without charge, a list	13810
of approved devices together with information about the	13811
manufacturers of the devices and where they may be obtained. The	13812
cost of obtaining the certification of an ignition interlock	13813
device shall be paid by the manufacturer of the device to the	13814
director of public safety and shall be deposited in the statewide	13815
treatment and prevention fund established by section 4301.30 of	13816
the Revised Code.	13817

(2) The director of public safety, in accordance with	13818
Chapter 119. of the Revised Code, shall adopt and publish rules	13819
setting forth the requirements for obtaining the certification of	13820
an ignition interlock device. No ignition interlock device shall	13821
be certified by the director of public safety pursuant to division	13822
(D)(1) of this section unless it meets the requirements specified	13823
and published by the director in the rules adopted pursuant to	13824
this division. The requirements shall include provisions for	13825
setting a minimum and maximum calibration range and shall include,	13826
but shall not be limited to, specifications that the device	13827
complies with all of the following:	13828

(a) It does not impede the safe operation of the vehicle.

13829

(b) It has features that make circumvention difficult and	13830
that do not interfere with the normal use of the vehicle.	13831

(c) It correlates well with established measures of alcohol	13832
impairment.	13833

(d) It works accurately and reliably in an unsupervised	13834
environment.	13835

(e) It is resistant to tampering and shows evidence of	13836
tampering if tampering is attempted.	13837

(f) It is difficult to circumvent and requires premeditation	13838
to do so.	13839

(g) It minimizes inconvenience to a sober user.

13840

(h) It requires a proper, deep-lung breath sample or other	13841
accurate measure of the concentration by weight of alcohol in the	13842
breath.	13843

(i) It operates reliably over the range of automobile	13844
environments.	13845

(j) It is made by a manufacturer who is covered by product	13846
liability insurance.	13847

(3) The director of public safety may adopt, in whole or in	13848
part, the guidelines, rules, regulations, studies, or independent	13849
laboratory tests performed and relied upon by other states, or	13850
their agencies or commissions, in the certification or approval of	13851
ignition interlock devices.	13852

(4) The director of public safety shall adopt rules in	13853
accordance with Chapter 119. of the Revised Code for the design of	13854
a warning label that shall be affixed to each ignition interlock	13855
device upon installation. The label shall contain a warning that	13856
any person tampering, circumventing, or otherwise misusing the	13857
device is subject to a fine, imprisonment, or both and may be	13858
subject to civil liability.	13859

(E)(1) No offender with restricted driving privileges,	13860
during any period that the offender is required to operate only a	13861
motor vehicle equipped with an ignition interlock device, shall	13862
request or permit any other person to breathe into the device or	13863
start a motor vehicle equipped with the device, for the purpose of	13864
providing the offender with an operable motor vehicle.	13865

(2)(a) Except as provided in division (E)(2)(b) of this	13866
section, no person shall breathe into an ignition interlock device	13867
or start a motor vehicle equipped with an ignition interlock	13868
device for the purpose of providing an operable motor vehicle to	13869
an offender with restricted driving privileges.	13870

(b) Division (E)(2)(a) of this section does not apply to an	13871
offender with restricted driving privileges who breathes into an	13872
ignition interlock device or starts a motor vehicle equipped with	13873
an ignition interlock device for the purpose of providing the	13874
offender with an operable motor vehicle.	13875

(3) No unauthorized person shall tamper with or circumvent	13876
the operation of an ignition interlock device.	13877

Sec. 4511.99.  (A) Whoever violates division (A)(1), (2),	13878
(3), or (4) of section 4511.19 of the Revised Code, in addition to	13879
the license suspension or revocation provided in section 4507.16	13880
of the Revised Code and any disqualification imposed under section	13881
4506.16 of the Revised Code, shall be punished as provided in	13882
division (A)(1), (2), (3), or (4) of this section. Whoever	13883
violates division (A)(5), (6), or (7) of section 4511.19 of the	13884
Revised Code, in addition to the license suspension or revocation	13885
provided in section 4507.16 of the Revised Code and any	13886
disqualification imposed under section 4506.16 of the Revised	13887
Code, shall be punished as provided in division (A)(5), (6), (7),	13888
or (8) of this section.	13889

(1) Except as otherwise provided in division (A)(2), (3), or	13890
(4) of this section, the offender is guilty of a misdemeanor of	13891
the first degree and the court shall sentence the offender to a	13892
jail term of imprisonment of three consecutive days and may	13893
sentence the offender pursuant to section 2929.212929.24 of the	13894
Revised Code to a longer jail term of imprisonment. In addition,	13895
the court shall impose upon the offender a fine of not less than	13896
two hundred fifty and not more than one thousand dollars.	13897

The court may suspend the execution of the mandatory jail	13898
term of three consecutive days of imprisonment that it is required	13899
to impose by this division, if the court, in lieu of the suspended	13900
jail term of imprisonment, places the offender on probationunder	13901
a community control sanction pursuant to section 2929.25 of the	13902
Revised Code and requires the offender to attend, for three	13903
consecutive days, a drivers' intervention program that is	13904
certified pursuant to section 3793.10 of the Revised Code. The	13905
court also may suspend the execution of any part of the mandatory	13906
jail term of three consecutive days of imprisonment that it is	13907
required to impose by this division, if the court places the	13908
offender on probationunder a community control sanction pursuant	13909
to section 2929.25 of the Revised Code for part of the three	13910
consecutive days; requires the offender to attend, for that part	13911
of the three consecutive days, a drivers' intervention program	13912
that is certified pursuant to section 3793.10 of the Revised Code;	13913
and sentences the offender to a jail term of imprisonment equal to	13914
the remainder of the three consecutive days that the offender does	13915
not spend attending the drivers' intervention program. The court	13916
may require the offender, as a condition of probationcommunity	13917
control, to attend and satisfactorily complete any treatment or	13918
education programs that comply with the minimum standards adopted	13919
pursuant to Chapter 3793. of the Revised Code by the director of	13920
alcohol and drug addiction services, in addition to the required	13921
attendance at a drivers' intervention program, that the operators	13922
of the drivers' intervention program determine that the offender	13923
should attend and to report periodically to the court on the	13924
offender's progress in the programs. The court also may impose	13925
any other conditions of probationcommunity control on the	13926
offender that it considers necessary.	13927

Of the fine imposed pursuant to this division, twenty-five	13928
dollars shall be paid to an enforcement and education fund	13929
established by the legislative authority of the law enforcement	13930
agency in this state that primarily was responsible for the arrest	13931
of the offender, as determined by the court that imposes the fine.	13932
This share shall be used by the agency to pay only those costs it	13933
incurs in enforcing section 4511.19 of the Revised Code or a	13934
substantially similar municipal ordinance and in informing the	13935
public of the laws governing the operation of a motor vehicle	13936
while under the influence of alcohol, the dangers of operating a	13937
motor vehicle while under the influence of alcohol, and other	13938
information relating to the operation of a motor vehicle and the	13939
consumption of alcoholic beverages. Fifty dollars of the fine	13940
imposed pursuant to this division shall be paid to the political	13941
subdivision that pays the cost of housing the offender during the	13942
offender's term of incarceration to the credit of the fund that	13943
pays the cost of the incarceration. If the offender was confined	13944
as a result of the offense prior to being sentenced for the	13945
offense but is not sentenced to a term of incarceration, the fifty	13946
dollars shall be paid to the political subdivision that paid the	13947
cost of housing the offender during that period of confinement.	13948
The political subdivision shall use this share to pay or reimburse	13949
incarceration or treatment costs it incurs in housing or providing	13950
drug and alcohol treatment to persons who violate section 4511.19	13951
of the Revised Code or a substantially similar municipal ordinance	13952
and to pay for ignition interlock devices and electronic house	13953
arrest equipment for persons who violate that section.	13954
Twenty-five dollars of the fine imposed pursuant to this division	13955
shall be deposited into the county indigent drivers alcohol	13956
treatment fund or municipal indigent drivers alcohol treatment	13957
fund under the control of that court, as created by the county or	13958
municipal corporation pursuant to division (N) of section 4511.191	13959
of the Revised Code. The balance of the fine shall be disbursed	13960
as otherwise provided by law.	13961

(2)(a) Except as otherwise provided in division (A)(4) of	13962
this section, the offender is guilty of a misdemeanor of the first	13963
degree, and, except as provided in this division, the court shall	13964
sentence the offender to a jail term of imprisonment of ten	13965
consecutive days and may sentence the offender pursuant to section	13966
2929.212929.24 of the Revised Code to a longer jail term of	13967
imprisonment if, within six years of the offense, the offender has	13968
been convicted of or pleaded guilty to one violation of the	13969
following:	13970

(i) Division (A) or (B) of section 4511.19 of the Revised	13971
Code;	13972

(ii) A municipal ordinance relating to operating a vehicle	13973
while under the influence of alcohol, a drug of abuse, or alcohol	13974
and a drug of abuse;	13975

(iii) A municipal ordinance relating to operating a vehicle	13976
with a prohibited concentration of alcohol in the blood, breath,	13977
or urine;	13978

(iv) Section 2903.04 of the Revised Code in a case in which	13979
the offender was subject to the sanctions described in division	13980
(D) of that section;	13981

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	13982
section 2903.08 of the Revised Code or a municipal ordinance that	13983
is substantially similar to either of those divisions;	13984

(vi) Division (A)(2), (3), or (4) of section 2903.06,	13985
division (A)(2) of section 2903.08, or former section 2903.07 of	13986
the Revised Code, or a municipal ordinance that is substantially	13987
similar to any of those divisions or that former section, in a	13988
case in which the jury or judge found that the offender was under	13989
the influence of alcohol, a drug of abuse, or alcohol and a drug	13990
of abuse;	13991

(vii) A statute of the United States or of any other state	13992
or a municipal ordinance of a municipal corporation located in any	13993
other state that is substantially similar to division (A) or (B)	13994
of section 4511.19 of the Revised Code.	13995

As an alternative to the jail term of imprisonment required	13996
to be imposed by this division, but subject to division (A)(12) of	13997
this section, the court may impose upon the offender a sentence	13998
consisting of both a jail term of imprisonment of five consecutive	13999
days and not less than eighteen consecutive days of electronically	14000
monitored house arrest as defined in division (A) of section	14001
2929.23 of the Revised Codewith electronic monitoring. The jail	14002
term of five consecutive days of imprisonment and the period of	14003
electronically monitored house arrest with electronic monitoring	14004
shall not exceed six months. The jail term of five consecutive	14005
days of imprisonment dodoes not have to be served prior to or	14006
consecutively with the period of electronically monitored house	14007
arrest with electronic monitoring.	14008

In addition, the court shall impose upon the offender a fine	14009
of not less than three hundred fifty and not more than one	14010
thousand five hundred dollars.	14011

In addition to any other sentence that it imposes upon the	14012
offender, the court may require the offender to attend a drivers'	14013
intervention program that is certified pursuant to section 3793.10	14014
of the Revised Code. If the officials of the drivers'	14015
intervention program determine that the offender is alcohol	14016
dependent, they shall notify the court, and the court shall order	14017
the offender to obtain treatment through an alcohol and drug	14018
addiction program authorized by section 3793.02 of the Revised	14019
Code. The cost of the treatment shall be paid by the offender.	14020

Of the fine imposed pursuant to this division, thirty-five	14021
dollars shall be paid to an enforcement and education fund	14022
established by the legislative authority of the law enforcement	14023
agency in this state that primarily was responsible for the arrest	14024
of the offender, as determined by the court that imposes the fine.	14025
This share shall be used by the agency to pay only those costs it	14026
incurs in enforcing section 4511.19 of the Revised Code or a	14027
substantially similar municipal ordinance and in informing the	14028
public of the laws governing the operation of a motor vehicle	14029
while under the influence of alcohol, the dangers of operating a	14030
motor vehicle while under the influence of alcohol, and other	14031
information relating to the operation of a motor vehicle and the	14032
consumption of alcoholic beverages. One hundred fifteen dollars	14033
of the fine imposed pursuant to this division shall be paid to the	14034
political subdivision that pays the cost of housing the offender	14035
during the offender's term of incarceration. This share shall be	14036
used by the political subdivision to pay or reimburse	14037
incarceration or treatment costs it incurs in housing or providing	14038
drug and alcohol treatment to persons who violate section 4511.19	14039
of the Revised Code or a substantially similar municipal ordinance	14040
and to pay for ignition interlock devices and electronic house	14041
arrest equipment for persons who violate that section, and shall	14042
be paid to the credit of the fund that pays the cost of the	14043
incarceration. Fifty dollars of the fine imposed pursuant to this	14044
division shall be deposited into the county indigent drivers	14045
alcohol treatment fund or municipal indigent drivers alcohol	14046
treatment fund under the control of that court, as created by the	14047
county or municipal corporation pursuant to division (N) of	14048
section 4511.191 of the Revised Code. The balance of the fine	14049
shall be disbursed as otherwise provided by law.	14050

(b) Regardless of whether the vehicle the offender was	14051
operating at the time of the offense is registered in the	14052
offender's name or in the name of another person, the court, in	14053
addition to the penalties imposed under division (A)(2)(a) of this	14054
section and all other penalties provided by law and subject to	14055
section 4503.235 of the Revised Code, shall order the	14056
immobilization for ninety days of the vehicle the offender was	14057
operating at the time of the offense and the impoundment for	14058
ninety days of the identification license plates of that vehicle.	14059
The order for the immobilization and impoundment shall be issued	14060
and enforced in accordance with section 4503.233 of the Revised	14061
Code.	14062

(3)(a) Except as otherwise provided in division (A)(4) of	14063
this section and except as provided in this division, if, within	14064
six years of the offense, the offender has been convicted of or	14065
pleaded guilty to two violations identified in division (A)(2) of	14066
this section, the court shall sentence the offender to a jail term	14067
of imprisonment of thirty consecutive days and may sentence the	14068
offender to a longer definite jail term of imprisonment of not	14069
more than one year. As an alternative to the jail term of	14070
imprisonment required to be imposed by this division, but subject	14071
to division (A)(12) of this section, the court may impose upon the	14072
offender a sentence consisting of both a jail term of imprisonment	14073
of fifteen consecutive days and not less than fifty-five	14074
consecutive days of electronically monitored house arrest as	14075
defined in division (A) of section 2929.23 of the Revised Code	14076
with electronic monitoring. The jail term of fifteen consecutive	14077
days of imprisonment and the period of electronically monitored	14078
house arrest with electronic monitoring shall not exceed one year.	14079
The jail term of fifteen consecutive days of imprisonment dodoes	14080
not have to be served prior to or consecutively with the period of	14081
electronically monitored house arrest with electronic monitoring.	14082

In addition, the court shall impose upon the offender a fine	14083
of not less than five hundred fifty and not more than two thousand	14084
five hundred dollars.	14085

In addition to any other sentence that it imposes upon the	14086
offender, the court shall require the offender to attend an	14087
alcohol and drug addiction program authorized by section 3793.02	14088
of the Revised Code. The cost of the treatment shall be paid by	14089
the offender. If the court determines that the offender is unable	14090
to pay the cost of attendance at the treatment program, the court	14091
may order that payment of the cost of the offender's attendance at	14092
the treatment program be made from that court's indigent drivers	14093
alcohol treatment fund.	14094

Of the fine imposed pursuant to this division, one hundred	14095
twenty-three dollars shall be paid to an enforcement and education	14096
fund established by the legislative authority of the law	14097
enforcement agency in this state that primarily was responsible	14098
for the arrest of the offender, as determined by the court that	14099
imposes the fine. This share shall be used by the agency to pay	14100
only those costs it incurs in enforcing section 4511.19 of the	14101
Revised Code or a substantially similar municipal ordinance and in	14102
informing the public of the laws governing the operation of a	14103
motor vehicle while under the influence of alcohol, the dangers of	14104
operating a motor vehicle while under the influence of alcohol,	14105
and other information relating to the operation of a motor vehicle	14106
and the consumption of alcoholic beverages. Two hundred	14107
seventy-seven dollars of the fine imposed pursuant to this	14108
division shall be paid to the political subdivision that pays the	14109
cost of housing the offender during the offender's term of	14110
incarceration. This share shall be used by the political	14111
subdivision to pay or reimburse incarceration or treatment costs	14112
it incurs in housing or providing drug and alcohol treatment to	14113
persons who violate section 4511.19 of the Revised Code or a	14114
substantially similar municipal ordinance and to pay for ignition	14115
interlock devices and electronic house arrest equipment for	14116
persons who violate that section and shall be paid to the credit	14117
of the fund that pays the cost of incarceration. The balance of	14118
the fine shall be disbursed as otherwise provided by law.	14119

(b) Regardless of whether the vehicle the offender was	14120
operating at the time of the offense is registered in the	14121
offender's name or in the name of another person, the court, in	14122
addition to the penalties imposed under division (A)(3)(a) of this	14123
section and all other penalties provided by law and subject to	14124
section 4503.235 of the Revised Code, shall order the criminal	14125
forfeiture to the state of the vehicle the offender was operating	14126
at the time of the offense. The order of criminal forfeiture	14127
shall be issued and enforced in accordance with section 4503.234	14128
of the Revised Code.	14129

(4)(a)(i) If, within six years of the offense, the offender	14130
has been convicted of or pleaded guilty to three or more	14131
violations identified in division (A)(2) of this section, and if	14132
sentence is not required to be imposed under division	14133
(A)(4)(a)(ii) of this section, the offender is guilty of a felony	14134
of the fourth degree and, notwithstanding division (A)(4) of	14135
section 2929.14 of the Revised Code, may be sentenced to a	14136
definite prison term that shall be not less than six months and	14137
not more than thirty months. The court shall sentence the	14138
offender in accordance with sections 2929.11 to 2929.19 of the	14139
Revised Code and shall impose as part of the sentence either a	14140
mandatory term of local incarceration of sixty consecutive days of	14141
imprisonment in accordance with division (G)(1) of section 2929.13	14142
of the Revised Code or a mandatory prison term of sixty	14143
consecutive days of imprisonment in accordance with division	14144
(G)(2) of that section. If the court requires the offender to	14145
serve a mandatory term of local incarceration of sixty consecutive	14146
days of imprisonment in accordance with division (G)(1) of section	14147
2929.13 of the Revised Code, the court, pursuant to section	14148
2929.17 of the Revised Code, may impose upon the offender a	14149
sentence that includes a term of electronically monitored house	14150
arrest with electronic monitoring, provided that the term of	14151
electronically monitored house arrest with electronic monitoring	14152
shall not commence until after the offender has served the	14153
mandatory term of local incarceration.	14154

(ii) If the offender previously has been convicted of or	14155
pleaded guilty to a violation of division (A) of section 4511.19	14156
of the Revised Code under circumstances in which the violation was	14157
a felony, regardless of when the prior violation and the prior	14158
conviction or guilty plea occurred, the offender is guilty of a	14159
felony of the third degree. The court shall sentence the offender	14160
in accordance with sections 2929.11 to 2929.19 of the Revised Code	14161
and shall impose as part of the sentence a mandatory prison term	14162
of sixty consecutive days of imprisonment in accordance with	14163
division (G)(2) of section 2929.13 of the Revised Code.	14164

(iii) In addition to all other sanctions imposed on an	14165
offender under division (A)(4)(a)(i) or (ii) of this section, the	14166
court shall impose upon the offender, pursuant to section 2929.18	14167
of the Revised Code, a fine of not less than eight hundred nor	14168
more than ten thousand dollars.	14169

In addition to any other sanction that it imposes upon the	14170
offender under division (A)(4)(a)(i) or (ii) of this section, the	14171
court shall require the offender to attend an alcohol and drug	14172
addiction program authorized by section 3793.02 of the Revised	14173
Code. The cost of the treatment shall be paid by the offender. If	14174
the court determines that the offender is unable to pay the cost	14175
of attendance at the treatment program, the court may order that	14176
payment of the cost of the offender's attendance at the treatment	14177
program be made from the court's indigent drivers alcohol	14178
treatment fund.	14179

Of the fine imposed pursuant to this division, two hundred	14180
ten dollars shall be paid to an enforcement and education fund	14181
established by the legislative authority of the law enforcement	14182
agency in this state that primarily was responsible for the arrest	14183
of the offender, as determined by the court that imposes the fine.	14184
This share shall be used by the agency to pay only those costs it	14185
incurs in enforcing section 4511.19 of the Revised Code or a	14186
substantially similar municipal ordinance and in informing the	14187
public of the laws governing operation of a motor vehicle while	14188
under the influence of alcohol, the dangers of operation of a	14189
motor vehicle while under the influence of alcohol, and other	14190
information relating to the operation of a motor vehicle and the	14191
consumption of alcoholic beverages. Four hundred forty dollars of	14192
the fine imposed pursuant to this division shall be paid to the	14193
political subdivision that pays the cost of housing the offender	14194
during the offender's term of incarceration. This share shall be	14195
used by the political subdivision to pay or reimburse	14196
incarceration or treatment costs it incurs in housing or providing	14197
drug and alcohol treatment to persons who violate section 4511.19	14198
of the Revised Code or a substantially similar municipal ordinance	14199
and to pay for ignition interlock devices and electronic house	14200
arrest equipment for persons who violate that section, and shall	14201
be paid to the credit of the fund that pays the cost of	14202
incarceration. The balance of the fine shall be disbursed as	14203
otherwise provided by law.	14204

(b) Regardless of whether the vehicle the offender was	14205
operating at the time of the offense is registered in the	14206
offender's name or in the name of another person, the court, in	14207
addition to the sanctions imposed under division (A)(4)(a) of this	14208
section and all other sanctions provided by law and subject to	14209
section 4503.235 of the Revised Code, shall order the criminal	14210
forfeiture to the state of the vehicle the offender was operating	14211
at the time of the offense. The order of criminal forfeiture	14212
shall be issued and enforced in accordance with section 4503.234	14213
of the Revised Code.	14214

(c) As used in division (A)(4)(a) of this section,	14215
"mandatory prison term" and "mandatory term of local	14216
incarceration" have the same meanings as in section 2929.01 of the	14217
Revised Code.	14218

(d) If title to a motor vehicle that is subject to an order	14219
for criminal forfeiture under this section is assigned or	14220
transferred and division (C)(2) or (3) of section 4503.234 of the	14221
Revised Code applies, in addition to or independent of any other	14222
penalty established by law, the court may fine the offender the	14223
value of the vehicle as determined by publications of the national	14224
auto dealer's association. The proceeds from any fine imposed	14225
under this division shall be distributed in accordance with	14226
division (D)(4) of section 4503.234 of the Revised Code.	14227

(5)(a) Except as otherwise provided in division (A)(6), (7),	14228
or (8) of this section, the offender is guilty of a misdemeanor of	14229
the first degree, and the court shall sentence the offender to one	14230
of the following:	14231

(i) A jail term of imprisonment of at least three	14232
consecutive days and a requirement that the offender attend, for	14233
three consecutive days, a drivers' intervention program that is	14234
certified pursuant to section 3793.10 of the Revised Code;	14235

(ii) If the court determines that the offender is not	14236
conducive to treatment in the program, if the offender refuses to	14237
attend the program, or if the place of imprisonment can provide a	14238
drivers' intervention program, a jail term of imprisonment of at	14239
least six consecutive days.	14240

(b) In addition, the court shall impose upon the offender a	14241
fine of not less than two hundred fifty and not more than one	14242
thousand dollars.	14243

The court may require the offender, as a condition of	14244
probationunder a community control sanction imposed pursuant to	14245
section 2929.25 of the Revised Code, to attend and satisfactorily	14246
complete any treatment or education programs that comply with the	14247
minimum standards adopted pursuant to Chapter 3793. of the Revised	14248
Code by the director of alcohol and drug addiction services, in	14249
addition to the required attendance at a drivers' intervention	14250
program, that the operators of the drivers' intervention program	14251
determine that the offender should attend and to report	14252
periodically to the court on the offender's progress in the	14253
programs. The court also may impose any other conditions of	14254
probationcommunity control on the offender that it considers	14255
necessary.	14256

Of the fine imposed pursuant to this division, twenty-five	14257
dollars shall be paid to an enforcement and education fund	14258
established by the legislative authority of the law enforcement	14259
agency in this state that primarily was responsible for the arrest	14260
of the offender, as determined by the court that imposes the fine.	14261
The agency shall use this share to pay only those costs it incurs	14262
in enforcing section 4511.19 of the Revised Code or a	14263
substantially similar municipal ordinance and in informing the	14264
public of the laws governing the operation of a motor vehicle	14265
while under the influence of alcohol, the dangers of operating a	14266
motor vehicle while under the influence of alcohol, and other	14267
information relating to the operation of a motor vehicle and the	14268
consumption of alcoholic beverages. Fifty dollars of the fine	14269
imposed pursuant to this division shall be paid to the political	14270
subdivision that pays the cost of housing the offender during the	14271
offender's term of incarceration to the credit of the fund that	14272
pays the cost of the incarceration. The political subdivision	14273
shall use this share to pay or reimburse incarceration or	14274
treatment costs it incurs in housing or providing drug and alcohol	14275
treatment to persons who violate section 4511.19 of the Revised	14276
Code or a substantially similar municipal ordinance and to pay for	14277
ignition interlock devices and electronic house arrest equipment	14278
for persons who violate that section. Twenty-five dollars of the	14279
fine imposed pursuant to this division shall be deposited into the	14280
county indigent drivers alcohol treatment fund or municipal	14281
indigent drivers alcohol treatment fund under the control of that	14282
court, as created by the county or municipal corporation pursuant	14283
to division (N) of section 4511.191 of the Revised Code. The	14284
balance of the fine shall be disbursed as otherwise provided by	14285
law.	14286

(6)(a) Except as otherwise provided in division (A)(8) of	14287
this section and except as provided in this division, if, within	14288
six years of the offense, the offender has been convicted of or	14289
pleaded guilty to one violation of division (A) or (B) of section	14290
4511.19 of the Revised Code, a municipal ordinance relating to	14291
operating a vehicle while under the influence of alcohol, a drug	14292
of abuse, or alcohol and a drug of abuse, a municipal ordinance	14293
relating to operating a vehicle with a prohibited concentration of	14294
alcohol in the blood, breath, or urine, section 2903.04 of the	14295
Revised Code in a case in which the offender was subject to the	14296
sanctions described in division (D) of that section, section	14297
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	14298
ordinance that is substantially similar to section 2903.07 of the	14299
Revised Code in a case in which the jury or judge found that the	14300
offender was under the influence of alcohol, a drug of abuse, or	14301
alcohol and a drug of abuse, or a statute of the United States or	14302
of any other state or a municipal ordinance of a municipal	14303
corporation located in any other state that is substantially	14304
similar to division (A) or (B) of section 4511.19 of the Revised	14305
Codeidentified in division (A)(2) of this section, the offender	14306
is guilty of a misdemeanor of the first degree, and the court	14307
shall sentence the offender to a jail term of imprisonment of	14308
twenty consecutive days and may sentence the offender pursuant to	14309
section 2929.212929.24 of the Revised Code to a longer term of	14310
imprisonment. As an alternative to the jail term of imprisonment	14311
required to be imposed by this division, but subject to division	14312
(A)(12) of this section, the court may impose upon the offender a	14313
sentence consisting of both a jail term of imprisonment of ten	14314
consecutive days and not less than thirty-six consecutive days of	14315
electronically monitored house arrest as defined in division (A)	14316
of section 2929.23 of the Revised Codewith electronic monitoring.	14317
The jail term of ten consecutive days of imprisonment and the	14318
period of electronically monitored house arrest with electronic	14319
monitoring shall not exceed six months. The jail term of ten	14320
consecutive days of imprisonment dodoes not have to be served	14321
prior to or consecutively withto the period of electronically	14322
monitored house arrest with electronic monitoring.	14323

In addition, the court shall impose upon the offender a fine	14324
of not less than three hundred fifty and not more than one	14325
thousand five hundred dollars.	14326

In addition to any other sentence that it imposes upon the	14327
offender, the court may require the offender to attend a drivers'	14328
intervention program that is certified pursuant to section 3793.10	14329
of the Revised Code. If the officials of the drivers'	14330
intervention program determine that the offender is alcohol	14331
dependent, they shall notify the court, and the court shall order	14332
the offender to obtain treatment through an alcohol and drug	14333
addiction program authorized by section 3793.02 of the Revised	14334
Code. The offender shall pay the cost of the treatment.	14335

Of the fine imposed pursuant to this division, thirty-five	14336
dollars shall be paid to an enforcement and education fund	14337
established by the legislative authority of the law enforcement	14338
agency in this state that primarily was responsible for the arrest	14339
of the offender, as determined by the court that imposes the fine.	14340
The agency shall use this share to pay only those costs it incurs	14341
in enforcing section 4511.19 of the Revised Code or a	14342
substantially similar municipal ordinance and in informing the	14343
public of the laws governing the operation of a motor vehicle	14344
while under the influence of alcohol, the dangers of operating a	14345
motor vehicle while under the influence of alcohol, and other	14346
information relating to the operation of a motor vehicle and the	14347
consumption of alcoholic beverages. One hundred fifteen dollars	14348
of the fine imposed pursuant to this division shall be paid to the	14349
political subdivision that pays the cost of housing the offender	14350
during the offender's term of incarceration. The political	14351
subdivision shall use this share to pay or reimburse incarceration	14352
or treatment costs it incurs in housing or providing drug and	14353
alcohol treatment to persons who violate section 4511.19 of the	14354
Revised Code or a substantially similar municipal ordinance and to	14355
pay for ignition interlock devices and electronic house arrest	14356
equipment for persons who violate that section, and this share	14357
shall be paid to the credit of the fund that pays the cost of the	14358
incarceration. Fifty dollars of the fine imposed pursuant to this	14359
division shall be deposited into the county indigent drivers	14360
alcohol treatment fund or municipal indigent drivers alcohol	14361
treatment fund under the control of that court, as created by the	14362
county or municipal corporation pursuant to division (N) of	14363
section 4511.191 of the Revised Code. The balance of the fine	14364
shall be disbursed as otherwise provided by law.	14365

(b) Regardless of whether the vehicle the offender was	14366
operating at the time of the offense is registered in the	14367
offender's name or in the name of another person, the court, in	14368
addition to the penalties imposed under division (A)(6)(a) of this	14369
section and all other penalties provided by law and subject to	14370
section 4503.235 of the Revised Code, shall order the	14371
immobilization for ninety days of the vehicle the offender was	14372
operating at the time of the offense and the impoundment for	14373
ninety days of the identification license plates of that vehicle.	14374
The order for the immobilization and impoundment shall be issued	14375
and enforced in accordance with section 4503.233 of the Revised	14376
Code.	14377

(7)(a) Except as otherwise provided in division (A)(8) of	14378
this section and except as provided in this division, if, within	14379
six years of the offense, the offender has been convicted of or	14380
pleaded guilty to two violations of division (A) or (B) of section	14381
4511.19 of the Revised Code, a municipal ordinance relating to	14382
operating a vehicle while under the influence of alcohol, a drug	14383
of abuse, or alcohol and a drug of abuse, a municipal ordinance	14384
relating to operating a vehicle with a prohibited concentration of	14385
alcohol in the blood, breath, or urine, section 2903.04 of the	14386
Revised Code in a case in which the offender was subject to the	14387
sanctions described in division (D) of that section, section	14388
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	14389
ordinance that is substantially similar to section 2903.07 of the	14390
Revised Code in a case in which the jury or judge found that the	14391
offender was under the influence of alcohol, a drug of abuse, or	14392
alcohol and a drug of abuse, or a statute of the United States or	14393
of any other state or a municipal ordinance of a municipal	14394
corporation located in any other state that is substantially	14395
similar to division (A) or (B) of section 4511.19 of the Revised	14396
Codeidentified in division (A)(2) of this section, the court	14397
shall sentence the offender to a jail term of imprisonment of	14398
sixty consecutive days and may sentence the offender to a longer	14399
definite jail term of imprisonment of not more than one year. As	14400
an alternative to the jail term of imprisonment required to be	14401
imposed by this division, but subject to division (A)(12) of this	14402
section, the court may impose upon the offender a sentence	14403
consisting of both a jail term of imprisonment of thirty	14404
consecutive days and not less than one hundred ten consecutive	14405
days of electronically monitored house arrest as defined in	14406
division (A) of section 2929.23 of the Revised Codewith	14407
electronic monitoring. The jail term of thirty consecutive days	14408
of imprisonment and the period of electronically monitored house	14409
arrest with electronic monitoring shall not exceed one year. The	14410
jail term of thirty consecutive days of imprisonment dodoes not	14411
have to be served prior to or consecutively with the period of	14412
electronically monitored house arrest with electronic monitoring.	14413

In addition, the court shall impose upon the offender a fine	14414
of not less than five hundred fifty and not more than two thousand	14415
five hundred dollars.	14416

In addition to any other sentence that it imposes upon the	14417
offender, the court shall require the offender to attend an	14418
alcohol and drug addiction program authorized by section 3793.02	14419
of the Revised Code. The offender shall pay the cost of the	14420
treatment. If the court determines that the offender is unable to	14421
pay the cost of attendance at the treatment program, the court may	14422
order that payment of the cost of the offender's attendance at the	14423
treatment program be made from that court's indigent drivers	14424
alcohol treatment fund.	14425

Of the fine imposed pursuant to this division, one hundred	14426
twenty-three dollars shall be paid to an enforcement and education	14427
fund established by the legislative authority of the law	14428
enforcement agency in this state that primarily was responsible	14429
for the arrest of the offender, as determined by the court that	14430
imposes the fine. The agency shall use this share to pay only	14431
those costs it incurs in enforcing section 4511.19 of the Revised	14432
Code or a substantially similar municipal ordinance and in	14433
informing the public of the laws governing the operation of a	14434
motor vehicle while under the influence of alcohol, the dangers of	14435
operating a motor vehicle while under the influence of alcohol,	14436
and other information relating to the operation of a motor vehicle	14437
and the consumption of alcoholic beverages. Two hundred	14438
seventy-seven dollars of the fine imposed pursuant to this	14439
division shall be paid to the political subdivision that pays the	14440
cost of housing the offender during the offender's term of	14441
incarceration. The political subdivision shall use this share to	14442
pay or reimburse incarceration or treatment costs it incurs in	14443
housing or providing drug and alcohol treatment to persons who	14444
violate section 4511.19 of the Revised Code or a substantially	14445
similar municipal ordinance and to pay for ignition interlock	14446
devices and electronic house arrest equipment for persons who	14447
violate that section, and this share shall be paid to the credit	14448
of the fund that pays the cost of incarceration. The balance of	14449
the fine shall be disbursed as otherwise provided by law.	14450

(b) Regardless of whether the vehicle the offender was	14451
operating at the time of the offense is registered in the	14452
offender's name or in the name of another person, the court, in	14453
addition to the penalties imposed under division (A)(7)(a) of this	14454
section and all other penalties provided by law and subject to	14455
section 4503.235 of the Revised Code, shall order the	14456
immobilization for one hundred eighty days of the vehicle the	14457
offender was operating at the time of the offense and the	14458
impoundment for one hundred eighty days of the identification	14459
license plates of that vehicle. The order for the immobilization	14460
and impoundment shall be issued and enforced in accordance with	14461
section 4503.233 of the Revised Code.	14462

(8)(a)(i) If, within six years of the offense, the offender	14463
has been convicted of or pleaded guilty to three or more	14464
violations of division (A) or (B) of section 4511.19 of the	14465
Revised Code, a municipal ordinance relating to operating a	14466
vehicle while under the influence of alcohol, a drug of abuse, or	14467
alcohol and a drug of abuse, a municipal ordinance relating to	14468
operating a vehicle with a prohibited concentration of alcohol in	14469
the blood, breath, or urine, section 2903.04 of the Revised Code	14470
in a case in which the offender was subject to the sanctions	14471
described in division (D) of that section, section 2903.06,	14472
2903.07, or 2903.08 of the Revised Code or a municipal ordinance	14473
that is substantially similar to section 2903.07 of the Revised	14474
Code in a case in which the jury or judge found that the offender	14475
was under the influence of alcohol, a drug of abuse, or alcohol	14476
and a drug of abuse, or a statute of the United States or of any	14477
other state or a municipal ordinance of a municipal corporation	14478
located in any other state that is substantially similar to	14479
division (A) or (B) of section 4511.19 of the Revised Code	14480
identified in division (A)(2) of this section, and if sentence is	14481
not required to be imposed under division (A)(8)(a)(ii) of this	14482
section, the offender is guilty of a felony of the fourth degree	14483
and, notwithstanding division (A)(4) of section 2929.14 of the	14484
Revised Code, may be sentenced to a definite prison term that	14485
shall be not less than six months and not more than thirty months.	14486
The court shall sentence the offender in accordance with sections	14487
2929.11 to 2929.19 of the Revised Code and shall impose as part of	14488
the sentence either a mandatory term of local incarceration of one	14489
hundred twenty consecutive days of imprisonment in accordance with	14490
division (G)(1) of section 2929.13 of the Revised Code or a	14491
mandatory prison term of one hundred twenty consecutive days of	14492
imprisonment in accordance with division (G)(2) of that section.	14493
If the court requires the offender to serve a mandatory term of	14494
local incarceration of one hundred twenty consecutive days of	14495
imprisonment in accordance with division (G)(1) of section 2929.13	14496
of the Revised Code, the court, pursuant to section 2929.17 of the	14497
Revised Code, may impose upon the offender a sentence that	14498
includes a term of electronically monitored house arrest with	14499
electronic monitoring, provided that the term of electronically	14500
monitored house arrest with electronic monitoring shall not	14501
commence until after the offender has served the mandatory term of	14502
local incarceration.	14503

(ii) If the offender previously has been convicted of or	14504
pleaded guilty to a violation of division (A) of section 4511.19	14505
of the Revised Code under circumstances in which the violation was	14506
a felony, regardless of when the prior violation and the prior	14507
conviction or guilty plea occurred, the offender is guilty of a	14508
felony of the third degree. The court shall sentence the offender	14509
in accordance with sections 2929.11 to 2929.19 of the Revised Code	14510
and shall impose as part of the sentence a mandatory prison term	14511
of one hundred twenty consecutive days of imprisonment in	14512
accordance with division (G)(2) of section 2929.13 of the Revised	14513
Code.	14514

(iii) In addition to all other sanctions imposed on an	14515
offender under division (A)(8)(a)(i) or (ii) of this section, the	14516
court shall impose upon the offender, pursuant to section 2929.18	14517
of the Revised Code, a fine of not less than eight hundred nor	14518
more than ten thousand dollars.	14519

In addition to any other sanction that it imposes upon the	14520
offender under division (A)(8)(a)(i) or (ii) of this section, the	14521
court shall require the offender to attend an alcohol and drug	14522
addiction program authorized by section 3793.02 of the Revised	14523
Code. The cost of the treatment shall be paid by the offender. If	14524
the court determines that the offender is unable to pay the cost	14525
of attendance at the treatment program, the court may order that	14526
payment of the cost of the offender's attendance at the treatment	14527
program be made from the court's indigent drivers alcohol	14528
treatment fund.	14529

Of the fine imposed pursuant to this division, two hundred	14530
ten dollars shall be paid to an enforcement and education fund	14531
established by the legislative authority of the law enforcement	14532
agency in this state that primarily was responsible for the arrest	14533
of the offender, as determined by the court that imposes the fine.	14534
The agency shall use this share to pay only those costs it incurs	14535
in enforcing section 4511.19 of the Revised Code or a	14536
substantially similar municipal ordinance and in informing the	14537
public of the laws governing operation of a motor vehicle while	14538
under the influence of alcohol, the dangers of operation of a	14539
motor vehicle while under the influence of alcohol, and other	14540
information relating to the operation of a motor vehicle and the	14541
consumption of alcoholic beverages. Four hundred forty dollars of	14542
the fine imposed pursuant to this division shall be paid to the	14543
political subdivision that pays the cost of housing the offender	14544
during the offender's term of incarceration. The political	14545
subdivision shall use this share to pay or reimburse incarceration	14546
or treatment costs it incurs in housing or providing drug and	14547
alcohol treatment to persons who violate section 4511.19 of the	14548
Revised Code or a substantially similar municipal ordinance and to	14549
pay for ignition interlock devices and electronic house arrest	14550
equipment for persons who violate that section, and this share	14551
shall be paid to the credit of the fund that pays the cost of	14552
incarceration. The balance of the fine shall be disbursed as	14553
otherwise provided by law.	14554

(b) Regardless of whether the vehicle the offender was	14555
operating at the time of the offense is registered in the	14556
offender's name or in the name of another person, the court, in	14557
addition to the sanctions imposed under division (A)(8)(a) of this	14558
section and all other sanctions provided by law and subject to	14559
section 4503.235 of the Revised Code, shall order the criminal	14560
forfeiture to the state of the vehicle the offender was operating	14561
at the time of the offense. The order of criminal forfeiture	14562
shall be issued and enforced in accordance with section 4503.234	14563
of the Revised Code.	14564

(c) As used in division (A)(8)(a) of this section,	14565
"mandatory prison term" and "mandatory term of local	14566
incarceration" have the same meanings as in section 2929.01 of the	14567
Revised Code.	14568

(d) If title to a motor vehicle that is subject to an order	14569
for criminal forfeiture under this section is assigned or	14570
transferred and division (C)(2) or (3) of section 4503.234 of the	14571
Revised Code applies, in addition to or independent of any other	14572
penalty established by law, the court may fine the offender the	14573
value of the vehicle as determined by publications of the national	14574
auto dealer's association. The proceeds from any fine imposed	14575
under this division shall be distributed in accordance with	14576
division (D)(4) of section 4503.234 of the Revised Code.	14577

(9)(a) Except as provided in division (A)(9)(b) of this	14578
section, upon a showing that imprisonment or serving a jail term	14579
would seriously affect the ability of an offender sentenced	14580
pursuant to division (A)(1), (2), (3), (4), (5), (6), (7), or (8)	14581
of this section to continue the offender's employment, the court	14582
may authorize that the offender be granted work release from	14583
imprisonment after the offender has served the mandatory jail term	14584
of three, six, ten, twenty, thirty, or sixty consecutive days of	14585
imprisonment or the mandatory term of local incarceration of sixty	14586
or one hundred twenty consecutive days that the court is required	14587
by division (A)(1), (2), (3), (4), (5), (6), (7), or (8) of this	14588
section to impose. No court shall authorize work release from	14589
imprisonment during the mandatory jail term of three, six, ten,	14590
twenty, thirty, or sixty consecutive days of imprisonment or the	14591
mandatory term of local incarceration or mandatory prison term of	14592
sixty or one hundred twenty consecutive days that the court is	14593
required by division (A)(1), (2), (3), (4), (5), (6), (7), or (8)	14594
of this section to impose. The duration of the work release shall	14595
not exceed the time necessary each day for the offender to commute	14596
to and from the place of employment and the place of imprisonment	14597
incarceration and the time actually spent under employment.	14598

(b) An offender who is sentenced pursuant to division	14599
(A)(2), (3), (6), or (7) of this section to a jail term of	14600
imprisonment followed by a period of electronically monitored	14601
house arrest with electronic monitoring is not eligible for work	14602
release from imprisonmentwhile serving the jail term, but that	14603
person shall be permitted work release during the period of	14604
electronically monitored house arrest with electronic monitoring.	14605
The duration of the work release shall not exceed the time	14606
necessary each day for the offender to commute to and from the	14607
place of employment and the offender's home or other place	14608
specified by the sentencing court and the time actually spent	14609
under employment.	14610

(10) Notwithstanding any section of the Revised Code that	14611
authorizes the suspension of the imposition or execution of a	14612
sentence, the placement of an offender in any treatment program in	14613
lieu of imprisonment, or the use of a community control sanction	14614
for an offender convicted of a felony or a misdemeanor, no court	14615
shall suspend the mandatory jail term of ten, twenty, thirty, or	14616
sixty consecutive days of imprisonment required to be imposed on	14617
an offender by division (A)(2), (3), (6), or (7) of this section,	14618
no court shall place an offender who is sentenced pursuant to	14619
division (A)(2), (3), (4), (6), (7), or (8) of this section in any	14620
treatment program in lieu of imprisonment until after the offender	14621
has served the mandatory jail term of ten, twenty, thirty, or	14622
sixty consecutive days of imprisonment or the mandatory term of	14623
local incarceration or mandatory prison term of sixty or one	14624
hundred twenty consecutive days required to be imposed pursuant to	14625
division (A)(2), (3), (4), (6), (7), or (8) of this section, no	14626
court that sentences an offender under division (A)(4) or (8) of	14627
this section shall impose any sanction other than a mandatory term	14628
of local incarceration or mandatory prison term to apply to the	14629
offender until after the offender has served the mandatory term of	14630
local incarceration or mandatory prison term of sixty or one	14631
hundred twenty consecutive days required to be imposed pursuant to	14632
division (A)(4) or (8) of this section, and no court that imposes	14633
a sentence of imprisonmenta jail term and a period of	14634
electronically monitored house arrest with electronic monitoring	14635
upon an offender under division (A)(2), (3), (6), or (7) of this	14636
section shall suspend any portion of the sentence or place the	14637
offender in any treatment program in lieu of imprisonment or	14638
electronically monitored house arrest with electronic monitoring.	14639
Notwithstanding any section of the Revised Code that authorizes	14640
the suspension of the imposition or execution of a sentence or the	14641
placement of an offender in any treatment program in lieu of	14642
imprisonment, no court, except as specifically authorized by	14643
division (A)(1) or (5) of this section, shall suspend the	14644
mandatory jail term of three or more consecutive days of	14645
imprisonment required to be imposed by division (A)(1) or (5) of	14646
this section or place an offender who is sentenced pursuant to	14647
division (A)(1) or (5) of this section in any treatment program in	14648
lieu of imprisonment until after the offender has served the	14649
mandatory jail term of three or more consecutive days of	14650
imprisonment required to be imposed pursuant to division (A)(1) or	14651
(5) of this section.	14652

(11) No court shall sentence an offender to an alcohol	14653
treatment program pursuant to division (A)(1), (2), (3), (4), (5),	14654
(6), (7), or (8) of this section unless the treatment program	14655
complies with the minimum standards adopted pursuant to Chapter	14656
3793. of the Revised Code by the director of alcohol and drug	14657
addiction services.	14658

(12) No court shall impose the alternative sentence of a	14659
jail term of imprisonment plus a term of electronically monitored	14660
house arrest with electronic monitoring permitted to be imposed by	14661
division (A)(2), (3), (6), or (7) of this section, unless within	14662
sixty days of the date of sentencing, the court issues a written	14663
finding, entered into the record, that due to the unavailability	14664
of space at the incarceration facility where the offender is	14665
required to serve the jail term of imprisonment imposed upon the	14666
offender, the offender will not be able to commence serving the	14667
jail term of imprisonment within the sixty-day period following	14668
the date of sentencing. If the court issues such a written	14669
finding, the court may impose the alternative sentence comprised	14670
of a jail term of imprisonment and a term of electronically	14671
monitored house arrest with electronic monitoring permitted to be	14672
imposed by division (A)(2), (3), (6), or (7) of this section.	14673

(12) As used in division (A) of this section "electronic	14674
monitoring" has the same meaning as in section 2929.01 of the	14675
Revised Code.	14676

(B) Whoever violates section 4511.192, 4511.251, or 4511.85	14677
of the Revised Code is guilty of a misdemeanor of the first	14678
degree. The court, in addition to or independent of all other	14679
penalties provided by law, may suspend for a period not to exceed	14680
one year the driver's or commercial driver's license or permit or	14681
nonresident operating privilege of any person who pleads guilty to	14682
or is convicted of a violation of section 4511.192 of the Revised	14683
Code.	14684

(C) Whoever violates section 4511.63, 4511.76, 4511.761,	14685
4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is	14686
guilty of one of the following:	14687

(1) Except as otherwise provided in division (C)(2) of this	14688
section, a minor misdemeanor.	14689

(2) If the offender previously has been convicted of or	14690
pleaded guilty to one or more violations of section 4511.63,	14691
4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the	14692
Revised Code or a municipal ordinance that is substantially	14693
similar to any of those sections, a misdemeanor of the fourth	14694
degree.	14695

(D)(1) Whoever violates any provision of sections 4511.01 to	14696
4511.76 or section 4511.84 of the Revised Code, for which no	14697
penalty otherwise is provided in this section is guilty of one of	14698
the following:	14699

(a) Except as otherwise provided in division (D)(1)(b),	14700
(1)(c), (2), (3), or (4) of this section, a minor misdemeanor;	14701

(b) If, within one year of the offense, the offender	14702
previously has been convicted of or pleaded guilty to one	14703
violation of any provision of sections 4511.01 to 4511.76 or	14704
section 4511.84 of the Revised Code for which no penalty otherwise	14705
is provided in this section or a municipal ordinance that is	14706
substantially similar to any provision of sections 4511.01 to	14707
4511.76 or section 4511.84 of the Revised Code for which no	14708
penalty otherwise is provided in this section, a misdemeanor of	14709
the fourth degree;	14710

(c) If, within one year of the offense, the offender	14711
previously has been convicted of or pleaded guilty to two or more	14712
violations of any provision described in division (D)(1)(b) of	14713
this section or any municipal ordinance that is substantially	14714
similar to any of those provisions, a misdemeanor of the third	14715
degree.	14716

(2) When any person is found guilty of a first offense for a	14717
violation of section 4511.21 of the Revised Code upon a finding	14718
that the person operated a motor vehicle faster than thirty-five	14719
miles an hour in a business district of a municipal corporation,	14720
or faster than fifty miles an hour in other portions, or faster	14721
than thirty-five miles an hour while passing through a school zone	14722
during recess or while children are going to or leaving school	14723
during the opening or closing hours, the person is guilty of a	14724
misdemeanor of the fourth degree.	14725

(3) Notwithstanding section 2929.212929.28 of the Revised	14726
Code, upon a finding that such person operated a motor vehicle in	14727
a construction zone where a sign was then posted in accordance	14728
with section 4511.98 of the Revised Code, the court, in addition	14729
to all other penalties provided by law, shall impose a fine of two	14730
times the usual amount imposed for the violation. No court shall	14731
impose a fine of two times the usual amount imposed for the	14732
violation upon an offender who alleges, in an affidavit filed with	14733
the court prior to the offender's sentencing, that the offender is	14734
indigent and is unable to pay the fine imposed pursuant to this	14735
division, provided the court determines the offender is an	14736
indigent person and is unable to pay the fine.	14737

(4) Notwithstanding section 2929.21 of the Revised Code,	14738
upon a finding that a person operated a motor vehicle in violation	14739
of division (C) of section 4511.213 of the Revised Code, the	14740
court, in addition to all other penalties provided by law, shall	14741
impose a fine of two times the usual amount imposed for the	14742
violation.	14743

(E) Whenever a person is found guilty in a court of record	14744
of a violation of section 4511.761, 4511.762, or 4511.77 of the	14745
Revised Code, the trial judge, in addition to or independent of	14746
all other penalties provided by law, may suspend for any period of	14747
time not exceeding three years, or revoke the license of any	14748
person, partnership, association, or corporation, issued under	14749
section 4511.763 of the Revised Code.	14750

(F) Whoever violates division (E) or (F) of section 4511.51,	14751
division (A), (D), or (E) of section 4511.521, section 4511.681,	14752
division (A) or (C) of section 4511.69, section 4511.772, or	14753
division (A) or (B) of section 4511.82 of the Revised Code is	14754
guilty of a minor misdemeanor.	14755

(G) Whoever violates division (A) of section 4511.75 of the	14756
Revised Code may be fined an amount not to exceed five hundred	14757
dollars. A person who is issued a citation for a violation of	14758
division (A) of section 4511.75 of the Revised Code is not	14759
permitted to enter a written plea of guilty and waive the person's	14760
right to contest the citation in a trial, but instead must appear	14761
in person in the proper court to answer the charge.	14762

(H)(1) Whoever is a resident of this state and violates	14763
division (A) or (B) of section 4511.81 of the Revised Code shall	14764
be punished as follows:	14765

(a) Except as otherwise provided in division (H)(1)(b) of	14766
this section, the offender is guilty of a minor misdemeanor.	14767

(b) If the offender previously has been convicted of or	14768
pleaded guilty to a violation of division (A) or (B) of section	14769
4511.81 of the Revised Code or of a municipal ordinance that is	14770
substantially similar to either of those divisions, the offender	14771
is guilty of a misdemeanor of the fourth degree.	14772

(2) Whoever is not a resident of this state, violates	14773
division (A) or (B) of section 4511.81 of the Revised Code, and	14774
fails to prove by a preponderance of the evidence that the	14775
offender's use or nonuse of a child restraint system was in	14776
accordance with the law of the state of which the offender is a	14777
resident is guilty of a minor misdemeanor on a first offense; on a	14778
second or subsequent offense, that person is guilty of a	14779
misdemeanor of the fourth degree.	14780

(3) All fines imposed pursuant to division (H)(1) or (2) of	14781
this section shall be forwarded to the treasurer of state for	14782
deposit in the "child highway safety fund" created by division (G)	14783
of section 4511.81 of the Revised Code.	14784

(I) Whoever violates section 4511.202 of the Revised Code is	14785
guilty of operating a motor vehicle without being in control of	14786
it, a minor misdemeanor.	14787

(J) Whoever violates division (B) of section 4511.74,	14788
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of	14789
section 4511.83 of the Revised Code is guilty of a misdemeanor of	14790
the first degree.	14791

(K) Except as otherwise provided in this division, whoever	14792
violates division (E) of section 4511.11, division (A) or (C) of	14793
section 4511.17, or section 4511.18 of the Revised Code is guilty	14794
of a misdemeanor of the third degree. If a violation of division	14795
(A) or (C) of section 4511.17 of the Revised Code creates a risk	14796
of physical harm to any person, the offender is guilty of a	14797
misdemeanor of the first degree. A violation of division (A) or	14798
(C) of section 4511.17 of the Revised Code that causes serious	14799
physical harm to property that is owned, leased, or controlled by	14800
a state or local authority is a felony of the fifth degree.	14801

(L) Whoever violates division (H) of section 4511.69 of the	14802
Revised Code shall be punished as follows:	14803

(1) Except as otherwise provided in division (L)(2) of this	14804
section, the offender shall be issued a warning.	14805

(2) If the offender previously has been convicted of or	14806
pleaded guilty to a violation of division (H) of section 4511.69	14807
of the Revised Code or of a municipal ordinance that is	14808
substantially similar to that division, the offender shall not be	14809
issued a warning but shall be fined not more than twenty-five	14810
dollars for each parking location that is not properly marked or	14811
whose markings are not properly maintained.	14812

(M) Whoever violates division (A)(1) or (2) of section	14813
4511.45 of the Revised Code is guilty of a misdemeanor of the	14814
fourth degree on a first offense; on a second offense within one	14815
year after the first offense, the person is guilty of a	14816
misdemeanor of the third degree; and on each subsequent offense	14817
within one year after the first offense, the person is guilty of a	14818
misdemeanor of the second degree.	14819

(N)(1) Whoever violates division (B) of section 4511.19 of	14820
the Revised Code is guilty of operating a motor vehicle after	14821
under-age alcohol consumption and shall be punished as follows:	14822

(a) Except as otherwise provided in division (N)(1)(b) of	14823
this section, the offender is guilty of a misdemeanor of the	14824
fourth degree.	14825

(b) The offender is guilty of a misdemeanor of the third	14826
degree if, within one year of the offense, the offender has been	14827
convicted of or pleaded guilty to any violation of the following:	14828

(i) Division (A) or (B) of section 4511.19 of the Revised	14829
Code;	14830

(ii) A municipal ordinance relating to operating a vehicle	14831
while under the influence of alcohol, a drug of abuse, or alcohol	14832
and a drug of abuse;	14833

(iii) A municipal ordinance relating to operating a vehicle	14834
with a prohibited concentration of alcohol in the blood, breath,	14835
or urine;	14836

(iv) Section 2903.04 of the Revised Code in a case in which	14837
the offender was subject to the sanctions described in division	14838
(D) of that section;	14839

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	14840
section 2903.08 of the Revised Code or a municipal ordinance that	14841
is substantially similar to either of those divisions;	14842

(vi) Division (A)(2), (3), or (4) of section 2903.06 or	14843
division (A)(2) of section 2903.08 of the Revised Code or a	14844
municipal ordinance that is substantially similar to any of those	14845
divisions, or former section 2903.07 of the Revised Code or a	14846
substantially similar municipal ordinance, in a case in which the	14847
jury or judge found that the offender was under the influence of	14848
alcohol, a drug of abuse, or alcohol and a drug of abuse;	14849

(vii) A statute of the United States or of any other state	14850
or a municipal ordinance of a municipal corporation located in any	14851
other state that is substantially similar to division (A) or (B)	14852
of section 4511.19 of the Revised Code.	14853

(2) In addition to or independent of all other penalties	14854
provided by law, the offender's driver's or commercial driver's	14855
license or permit or nonresident operating privilege shall be	14856
suspended in accordance with, and for the period of time specified	14857
in, division (E) of section 4507.16 of the Revised Code.	14858

(O) Whoever violates section 4511.62 of the Revised Code is	14859
guilty of a misdemeanor of the fourth degree.	14860

(P) Whoever violates division (F)(1)(a) or (b) of section	14861
4511.69 of the Revised Code is guilty of a misdemeanor and shall	14862
be fined not less than two hundred fifty nor more than five	14863
hundred dollars, but in no case shall an offender be sentenced to	14864
any term of imprisonment.	14865

Arrest or conviction for a violation of division (F)(1)(a) or	14866
(b) of section 4511.69 of the Revised Code does not constitute a	14867
criminal record and need not be reported by the person so arrested	14868
or convicted in response to any inquiries contained in any	14869
application for employment, license, or other right or privilege,	14870
or made in connection with the person's appearance as a witness.	14871

Every fine collected under this division shall be paid by the	14872
clerk of the court to the political subdivision in which the	14873
violation occurred. Except as provided in this division, the	14874
political subdivision shall use the fine moneys it receives under	14875
this division to pay the expenses it incurs in complying with the	14876
signage and notice requirements contained in division (E) of	14877
section 4511.69 of the Revised Code. The political subdivision	14878
may use up to fifty per cent of each fine it receives under this	14879
division to pay the costs of educational, advocacy, support, and	14880
assistive technology programs for persons with disabilities, and	14881
for public improvements within the political subdivision that	14882
benefit or assist persons with disabilities, if governmental	14883
agencies or nonprofit organizations offer the programs.	14884

Sec. 4717.05.  (A) Any person who desires to be licensed as	14885
an embalmer shall apply to the board of embalmers and funeral	14886
directors on a form provided by the board. The applicant shall	14887
include with the application an initial license fee as set forth	14888
in section 4717.07 of the Revised Code and evidence, verified by	14889
oath and satisfactory to the board, that the applicant meets all	14890
of the following requirements:	14891

(1) The applicant is at least eighteen years of age and of	14892
good moral character.	14893

(2) If the applicant has pleaded guilty to, has been found	14894
by a judge or jury to be guilty of, or has had a judicial finding	14895
of eligibility for treatment in lieu of conviction entered against	14896
the applicant in this state for aggravated murder, murder,	14897
voluntary manslaughter, felonious assault, kidnapping, rape,	14898
sexual battery, gross sexual imposition, aggravated arson,	14899
aggravated robbery, or aggravated burglary, or has pleaded guilty	14900
to, has been found by a judge or jury to be guilty of, or has had	14901
a judicial finding of eligibility for treatment in lieu of	14902
conviction entered against the applicant in another jurisdiction	14903
for a substantially equivalent offense, at least five years has	14904
elapsed since the applicant was released from incarceration,	14905
probationa community control sanction, a post-release control	14906
sanction, parole, or treatment in connection with the offense.	14907

(3) The applicant holds at least a bachelor's degree from a	14908
college or university authorized to confer degrees by the Ohio	14909
board of regents or the comparable legal agency of another state	14910
in which the college or university is located and submits an	14911
official transcript from that college or university with the	14912
application.	14913

(4) The applicant has satisfactorily completed at least	14914
twelve months of instruction in a prescribed course in mortuary	14915
science as approved by the board and has presented to the board a	14916
certificate showing successful completion of the course. The	14917
course of mortuary science college training may be completed	14918
either before or after the completion of the educational standard	14919
set forth in division (A)(3) of this section.	14920

(5) The applicant has registered with the board prior to	14921
beginning an embalmer apprenticeship.	14922

(6) The applicant has satisfactorily completed at least one	14923
year of apprenticeship under an embalmer licensed in this state	14924
and has assisted that person in embalming at least twenty-five	14925
dead human bodies.	14926

(7) The applicant, upon meeting the educational standards	14927
provided for in divisions (A)(3) and (4) of this section and	14928
completing the apprenticeship required in division (A)(6) of this	14929
section, has completed the examination for an embalmer's license	14930
required by the board.	14931

(B) Upon receiving satisfactory evidence verified by oath	14932
that the applicant meets all the requirements of division (A) of	14933
this section, the board shall issue the applicant an embalmer's	14934
license.	14935

(C) Any person who desires to be licensed as a funeral	14936
director shall apply to the board on a form provided by the board.	14937
The application shall include an initial license fee as set forth	14938
in section 4717.07 of the Revised Code and evidence, verified by	14939
oath and satisfactory to the board, that the applicant meets all	14940
of the following requirements:	14941

(1) Except as otherwise provided in division (D) of this	14942
section, the applicant has satisfactorily met all the requirements	14943
for an embalmer's license as described in divisions (A)(1) to (4)	14944
of this section.	14945

(2) The applicant has registered with the board prior to	14946
beginning a funeral director apprenticeship.	14947

(3) The applicant, following mortuary science college	14948
training described in division (A)(4) of this section, has served	14949
a one-year apprenticeship under a licensed funeral director in	14950
this state and has assisted that person in directing at least	14951
twenty-five funerals.	14952

(4) The applicant has satisfactorily completed the	14953
examination for a funeral director's license as required by the	14954
board.	14955

(D) In lieu of mortuary science college training required	14956
for a funeral director's license under division (C)(1) of this	14957
section, the applicant may substitute a two-year apprenticeship	14958
under a licensed funeral director in this state assisting that	14959
person in directing at least fifty funerals.	14960

(E) Upon receiving satisfactory evidence that the applicant	14961
meets all the requirements of division (C) of this section, the	14962
board shall issue to the applicant a funeral director's license.	14963

(F) As used in this section:

14964

(1) "Community control sanction" has the same meaning as in	14965
section 2929.01 of the Revised Code.	14966

(2) "Post-release control sanction" has the same meaning as	14967
in section 2967.01 of the Revised Code.	14968

Sec. 4734.35.  (A) As used in this section, "prosecutor" has	14969
the same meaning as in section 2935.01 of the Revised Code.	14970

(B) The prosecutor in any case against any chiropractor	14971
holding a valid license issued under this chapter shall promptly	14972
notify the state chiropractic board of any of the following:	14973

(1) A plea of guilty to, or a finding of guilt by a jury or	14974
court of, a felony, or a case in which the trial court issues an	14975
order of dismissal upon technical or procedural grounds of a	14976
felony charge;	14977

(2) A plea of guilty to, or a finding of guilt by a jury or	14978
court of, a misdemeanor committed in the course of practice, or a	14979
case in which the trial court issues an order of dismissal upon	14980
technical or procedural grounds of a charge of a misdemeanor, if	14981
the alleged act was committed in the course of practice;	14982

(3) A plea of guilty to, or a finding of guilt by a jury or	14983
court of, a misdemeanor involving moral turpitude, or a case in	14984
which the trial court issues an order of dismissal upon technical	14985
or procedural grounds of a charge of a misdemeanor involving moral	14986
turpitude.	14987

(C) The report shall include the name and address of the	14988
chiropractor, the nature of the offense for which the action was	14989
taken, and the certified court documents recording the action. The	14990
board may prescribe and provide forms for prosecutors to make	14991
reports under this section. The form may be the same as the form	14992
required to be provided under section 2929.242929.42 of the	14993
Revised Code.	14994

Sec. 4761.13.  (A) As used in this section, "prosecutor" has	14995
the same meaning as in section 2935.01 of the Revised Code.	14996

(B) The prosecutor in any case against any respiratory care	14997
professional or an individual holding a limited permit issued	14998
under this chapter shall promptly notify the Ohio respiratory care	14999
board of any of the following:	15000

(1) A plea of guilty to, or a finding of guilt by a jury or	15001
court of, a felony, or a case in which the trial court issues an	15002
order of dismissal upon technical or procedural grounds of a	15003
felony charge;	15004

(2) A plea of guilty to, or a finding of guilt by a jury or	15005
court of, a misdemeanor committed in the course of practice, or a	15006
case in which the trial court issues an order of dismissal upon	15007
technical or procedural grounds of a charge of a misdemeanor, if	15008
the alleged act was committed in the course of practice;	15009

(3) A plea of guilty to, or a finding of guilt by a jury or	15010
court of, a misdemeanor involving moral turpitude, or a case in	15011
which the trial court issues an order of dismissal upon technical	15012
or procedural grounds of a charge of a misdemeanor involving moral	15013
turpitude.	15014

(C) The report shall include the name and address of the	15015
respiratory care professional or person holding a limited permit,	15016
the nature of the offense for which the action was taken, and the	15017
certified court documents recording the action. The board may	15018
prescribe and provide forms for prosecutors to make reports under	15019
this section. The form may be the same as the form required to be	15020
provided under section 2929.242929.42 of the Revised Code.	15021

Sec. 4973.171.  (A) As used in this section, "felony" has	15022
the same meaning as in section 109.511 of the Revised Code.	15023

(B)(1) The governor shall not appoint or commission a person	15024
as a police officer for a railroad company under division (B) of	15025
section 4973.17 of the Revised Code and shall not appoint or	15026
commission a person as a police officer for a hospital under	15027
division (D) of section 4973.17 of the Revised Code on a permanent	15028
basis, on a temporary basis, for a probationary term, or on other	15029
than a permanent basis if the person previously has been convicted	15030
of or has pleaded guilty to a felony.	15031

(2)(a) The governor shall revoke the appointment or	15032
commission of a person appointed or commissioned as a police	15033
officer for a railroad company or as a police officer for a	15034
hospital under division (B) or (D) of section 4973.17 of the	15035
Revised Code if that person does either of the following:	15036

(i) Pleads guilty to a felony;

15037

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	15038
plea agreement as provided in division (D) of section 2929.29	15039
2929.43 of the Revised Code in which the person agrees to	15040
surrender the certificate awarded to that person under section	15041
109.77 of the Revised Code.	15042

(b) The governor shall suspend the appointment or commission	15043
of a person appointed or commissioned as a police officer for a	15044
railroad company or as a police officer for a hospital under	15045
division (B) or (D) of section 4973.17 of the Revised Code if that	15046
person is convicted, after trial, of a felony. If the person	15047
files an appeal from that conviction and the conviction is upheld	15048
by the highest court to which the appeal is taken or if the person	15049
does not file a timely appeal, the governor shall revoke the	15050
appointment or commission of that person as a police officer for a	15051
railroad company or as a police officer for a hospital. If the	15052
person files an appeal that results in that person's acquittal of	15053
the felony or conviction of a misdemeanor, or in the dismissal of	15054
the felony charge against that person, the governor shall	15055
reinstate the appointment or commission of that person as a police	15056
officer for a railroad company or as a police officer for a	15057
hospital. A person whose appointment or commission is reinstated	15058
under division (B)(2)(b) of this section shall not receive any	15059
back pay unless that person's conviction of the felony was	15060
reversed on appeal, or the felony charge was dismissed, because	15061
the court found insufficient evidence to convict the person of the	15062
felony.	15063

(3) Division (B) of this section does not apply regarding an	15064
offense that was committed prior to January 1, 1997.	15065

(4) The suspension or revocation of the appointment or	15066
commission of a person as a police officer for a railroad company	15067
or as a police officer for a hospital under division (B)(2) of	15068
this section shall be in accordance with Chapter 119. of the	15069
Revised Code.	15070

Sec. 5101.28.  (A) The department of job and family services	15071
shall enter into written agreements with law enforcement agencies	15072
to exchange, obtain, or share information regarding public	15073
assistance recipients to enable the department, county agencies,	15074
and law enforcement agencies to determine whether a recipient or a	15075
member of a recipient's assistance group is either of the	15076
following:	15077

(1) A fugitive felon;

15078

(2) Violating a condition of probation, a community control	15079
sanction, parole, or a post-release control sanction imposed under	15080
state or federal law.	15081

(B) The department and county agencies shall provide	15082
information regarding recipients of public assistance under a	15083
program administered by the state department or a county agency	15084
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to	15085
law enforcement agencies on request for the purposes of	15086
investigations, prosecutions, and criminal and civil proceedings	15087
that are within the scope of the law enforcement agencies'	15088
official duties.	15089

(C) Information about a recipient shall be exchanged,	15090
obtained, or shared only if the department, county agency, or law	15091
enforcement agency requesting the information gives sufficient	15092
information to specifically identify the recipient. In addition	15093
to the recipient's name, identifying information may include the	15094
recipient's current or last known address, social security number,	15095
other identifying number, age, gender, physical characteristics,	15096
any information specified in an agreement entered into under	15097
division (A) of this section, or any information considered	15098
appropriate by the department or agency.	15099

(D)(1) The department and its officers and employees are not	15100
liable in damages in a civil action for any injury, death, or loss	15101
to person or property that allegedly arises from the release of	15102
information in accordance with divisions (A), (B), and (C) of this	15103
section. This section does not affect any immunity or defense	15104
that the department and its officers and employees may be entitled	15105
to under another section of the Revised Code or the common law of	15106
this state, including section 9.86 of the Revised Code.	15107

(2) The county agencies and their employees are not liable	15108
in damages in a civil action for any injury, death, or loss to	15109
person or property that allegedly arises from the release of	15110
information in accordance with divisions (A), (B), and (C) of this	15111
section. "Employee" has the same meaning as in division (B) of	15112
section 2744.01 of the Revised Code. This section does not affect	15113
any immunity or defense that the county agencies and their	15114
employees may be entitled to under another section of the Revised	15115
Code or the common law of this state, including section 2744.02	15116
and division (A)(6) of section 2744.03 of the Revised Code.	15117

(E) To the extent permitted by federal law, the department	15118
and county agencies shall provide access to information to the	15119
auditor of state acting pursuant to Chapter 117. or sections	15120
5101.181 and 5101.182 of the Revised Code and to any other	15121
government entity authorized by or federal law to conduct an audit	15122
of or similar activity involving a public assistance program.	15123

(F) The auditor of state shall prepare an annual report on	15124
the outcome of the agreements required under division (A) of this	15125
section. The report shall include the number of fugitive felons	15126
and, probation and parole violators, and violators of community	15127
control sanctions and post-release control sanctions apprehended	15128
during the immediately preceding year as a result of the exchange	15129
of information pursuant to that division. The auditor of state	15130
shall file the report with the governor, the president and	15131
minority leader of the senate, and the speaker and minority leader	15132
of the house of representatives. The state department, county	15133
agencies, and law enforcement agencies shall cooperate with the	15134
auditor of state's office in gathering the information required	15135
under this division.	15136

(G) To the extent permitted by federal law, the department	15137
of job and family services, county departments of job and family	15138
services, and employees of the departments may report to a public	15139
children services agency or other appropriate agency information	15140
on known or suspected physical or mental injury, sexual abuse or	15141
exploitation, or negligent treatment or maltreatment, of a child	15142
receiving public assistance, if circumstances indicate that the	15143
child's health or welfare is threatened.	15144

(H) As used in this section:

15145

(1) "Community control sanction" has the same meaning as in	15146
section 2929.01 of the Revised Code.	15147

(2) "Post-release control sanction" has the same meaning as	15148
in section 2967.01 of the Revised Code.	15149

Sec. 5101.45.  The necessary expenses of such officers and	15150
employees of the state, county, and municipal boards, benevolent	15151
and correctional institutions, officials responsible for the	15152
administration of public funds used for the relief and maintenance	15153
of the poor, officials authorized to administer probation laws on	15154
community control sanctions, and members of the boards of county	15155
visitors as are invited by the department of job and family	15156
services to the conferences provided for in section 5101.44 of the	15157
Revised Code, shall be paid from any fund available for their	15158
respective offices, boards, and institutions, provided they first	15159
procure a certificate from the director of job and family services	15160
as evidence that they were invited to and were in attendance at	15161
the sessions of such conferences.	15162

As used in this section, "community control sanction" has the	15163
same meaning as in section 2929.01 of the Revised Code.	15164

Sec. 5119.14.  (A) As used in this section, "felony" has the	15165
same meaning as in section 109.511 of the Revised Code.	15166

(B)(1) Subject to division (C) of this section, upon the	15167
recommendation of the director of mental health, the managing	15168
officer of an institution under the jurisdiction of the department	15169
of mental health may designate one or more employees to be special	15170
police officers of the department. The special police officers	15171
shall take an oath of office, wear the badge of office, and give	15172
bond for the proper and faithful discharge of their duties in an	15173
amount that the director requires.	15174

(2) In accordance with section 109.77 of the Revised Code,	15175
the special police officers shall be required to complete	15176
successfully a peace officer basic training program approved by	15177
the Ohio peace officer training commission and to be certified by	15178
the commission. The cost of the training shall be paid by the	15179
department of mental health.	15180

(3) Special police officers police officers, on the premises	15181
of institutions under the jurisdiction of the department of mental	15182
health and subject to the rules of the department, shall protect	15183
the property of the institutions and the persons and property of	15184
patients in the institutions, suppress riots, disturbances, and	15185
breaches of the peace, and enforce the laws of the state and the	15186
rules of the department for the preservation of good order. They	15187
may arrest any person without a warrant and detain the person	15188
until a warrant can be obtained under the circumstances described	15189
in division (F) of section 2935.03 of the Revised Code.	15190

(C)(1) The managing officer of an institution under the	15191
jurisdiction of the department of mental health shall not	15192
designate an employee as a special police officer of the	15193
department pursuant to division (B)(1) of this section on a	15194
permanent basis, on a temporary basis, for a probationary term, or	15195
on other than a permanent basis if the employee previously has	15196
been convicted of or has pleaded guilty to a felony.	15197

(2)(a) The managing officer of an institution under the	15198
jurisdiction of the department of mental health shall terminate	15199
the employment as a special police officer of the department of an	15200
employee designated as a special police officer under division	15201
(B)(1) of this section if that employee does either of the	15202
following:	15203

(i) Pleads guilty to a felony;

15204

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	15205
plea agreement as provided in division (D) of section 2929.29	15206
2929.43 of the Revised Code in which the employee agrees to	15207
surrender the certificate awarded to that employee under section	15208
109.77 of the Revised Code.	15209

(b) The managing officer shall suspend from employment as a	15210
special police officer of the department an employee designated as	15211
a special police officer under division (B)(1) of this section if	15212
that employee is convicted, after trial, of a felony. If the	15213
special police officer files an appeal from that conviction and	15214
the conviction is upheld by the highest court to which the appeal	15215
is taken or if the special police officer does not file a timely	15216
appeal, the managing officer shall terminate the employment of	15217
that special police officer. If the special police officer files	15218
an appeal that results in that special police officer's acquittal	15219
of the felony or conviction of a misdemeanor, or in the dismissal	15220
of the felony charge against that special police officer, the	15221
managing officer shall reinstate that special police officer. A	15222
special police officer of the department who is reinstated under	15223
division (C)(2)(b) of this section shall not receive any back pay	15224
unless that special police officer's conviction of the felony was	15225
reversed on appeal, or the felony charge was dismissed, because	15226
the court found insufficient evidence to convict the special	15227
police officer of the felony.	15228

(3) Division (C) of this section does not apply regarding an	15229
offense that was committed prior to January 1, 1997.	15230

(4) The suspension from employment, or the termination of	15231
the employment, of a special police officer under division (C)(2)	15232
of this section shall be in accordance with Chapter 119. of the	15233
Revised Code.	15234

Sec. 5120.10.  (A)(1) The director of rehabilitation and	15235
correction, by rule, shall promulgate minimum standards for jails	15236
in Ohio, including minimum security jails dedicated under section	15237
341.34 or 753.21 of the Revised Code. Whenever the director files	15238
a rule or an amendment to a rule in final form with both the	15239
secretary of state and the director of the legislative service	15240
commission pursuant to section 111.15 of the Revised Code, the	15241
director of rehabilitation and correction promptly shall send a	15242
copy of the rule or amendment, if the rule or amendment pertains	15243
to minimum jail standards, by ordinary mail to the political	15244
subdivisions or affiliations of political subdivisions that	15245
operate jails to which the standards apply.	15246

(2) The rules promulgated in accordance with division (A)(1)	15247
of this section shall serve as criteria for the investigative and	15248
supervisory powers and duties vested by division (D) of this	15249
section in the division of parole and community services of the	15250
department of rehabilitation and correction or in another division	15251
of the department to which those powers and duties are assigned.	15252

(B) The director may initiate an action in the court of	15253
common pleas of the county in which a facility that is subject to	15254
the rules promulgated under division (A)(1) of this section is	15255
situated to enjoin compliance with the minimum standards for jails	15256
or with the minimum standards and minimum renovation,	15257
modification, and construction criteria for minimum security	15258
jails.	15259

(C) Upon the request of an administrator of a jail facility,	15260
the chief executive of a municipal corporation, or a board of	15261
county commissioners, the director of rehabilitation and	15262
correction or the director's designee shall grant a variance from	15263
the minimum standards for jails in Ohio for a facility that is	15264
subject to one of those minimum standards when the director	15265
determines that strict compliance with the minimum standards would	15266
cause unusual, practical difficulties or financial hardship, that	15267
existing or alternative practices meet the intent of the minimum	15268
standards, and that granting a variance would not seriously affect	15269
the security of the facility, the supervision of the inmates, or	15270
the safe, healthful operation of the facility. If the director or	15271
the director's designee denies a variance, the applicant may	15272
appeal the denial pursuant to section 119.12 of the Revised Code.	15273

(D) The following powers and duties shall be exercised by	15274
the division of parole and community services unless assigned to	15275
another division by the director:	15276

(1) The investigation and supervision of county and	15277
municipal jails, workhouses, minimum security jails, and other	15278
correctional institutions and agencies;	15279

(2) The management and supervision of the adult parole	15280
authority created by section 5149.02 of the Revised Code;	15281

(3) The review and approval of proposals for community-based	15282
correctional facilities and programs and district community-based	15283
correctional facilities and programs that are submitted pursuant	15284
to division (B) of section 2301.51 of the Revised Code;	15285

(4) The distribution of funds made available to the division	15286
for purposes of assisting in the renovation, maintenance, and	15287
operation of community-based correctional facilities and programs	15288
and district community-based correctional facilities and programs	15289
in accordance with section 5120.112 of the Revised Code;	15290

(5) The performance of the duty imposed upon the department	15291
of rehabilitation and correction in section 5149.31 of the Revised	15292
Code to establish and administer a program of subsidies to	15293
eligible municipal corporations, counties, and groups of	15294
contiguous counties for the development, implementation, and	15295
operation of community-based corrections programs;	15296

(6) Licensing halfway houses and community residential	15297
centers for the care and treatment of adult offenders in	15298
accordance with section 2967.14 of the Revised Code;	15299

(7) Contracting with a public or private agency or a	15300
department or political subdivision of the state that operates a	15301
licensed halfway house or community residential center for the	15302
provision of housing, supervision, and other services to parolees,	15303
releasees, persons placed under a residential sanction, persons	15304
under transitional control, and probationersother eligible	15305
offenders in accordance with section 2967.14 of the Revised Code.	15306

Other powers and duties may be assigned by the director of	15307
rehabilitation and correction to the division of parole and	15308
community services. This section does not apply to the department	15309
of youth services or its institutions or employees.	15310

Sec. 5120.102.  As used in sections 5120.102 to 5120.105 of	15311
the Revised Code:	15312

(A) "Private, nonprofit organization" means a private	15313
association, organization, corporation, or other entity that is	15314
exempt from federal income taxation under section 501(a) and is	15315
described in section 501(c) of the "Internal Revenue Code of	15316
1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended.	15317

(B) "Governmental agency" means a state agency; a municipal	15318
corporation, county, township, other political subdivision or	15319
special district in this state established by or pursuant to law,	15320
or a combination of those political subdivisions or special	15321
districts; the United States or a department, division, or agency	15322
of the United States; or an agency, commission, or authority	15323
established pursuant to an interstate compact or agreement.	15324

(C) "State agency" means the state or one of its branches,	15325
offices, boards, commissions, authorities, departments, divisions,	15326
or other units or agencies of the state.	15327

(D) "Halfway house organization" means a private, nonprofit	15328
organization or a governmental agency that provides programs or	15329
activities in areas directly concerned with housing and monitoring	15330
offenders who are under the community supervision of the	15331
department of rehabilitation and correction or whom a court places	15332
in a halfway house pursuant to section 2929.16 or2929.26 of the	15333
Revised Code.	15334

(E) "Halfway house facility" means a capital facility in this	15335
state to which all of the following apply:	15336

(1) The construction of the capital facility is authorized	15337
or funded by the general assembly pursuant to division (C) of	15338
section 5120.105 of the Revised Code.	15339

(2) The state owns or has a sufficient real property	15340
interest in the capital facility or in the site of the capital	15341
facility for a period of not less than the greater of the useful	15342
life of the capital facility, as determined by the director of	15343
budget and management using the guidelines for maximum maturities	15344
as provided under divisions (B), (C), and (E) of section 133.20 of	15345
the Revised Code and certified to the department of rehabilitation	15346
and correction and the Ohio building authority, or the final	15347
maturity of obligations issued by the Ohio building authority to	15348
finance the capital facility.	15349

(3) The capital facility is managed directly by, or by	15350
contract with, the department of rehabilitation and correction and	15351
is used for housing offenders who are under the community	15352
supervision of the department of rehabilitation and correction or	15353
whom a court places in a halfway house pursuant to section 2929.16	15354
or2929.26 of the Revised Code.	15355

(F) "Construction" includes acquisition, demolition,	15356
reconstruction, alteration, renovation, remodeling, enlargement,	15357
improvement, site improvements, and related equipping and	15358
furnishing.	15359

(G) "General building services" means general building	15360
services for a halfway house facility that include, but are not	15361
limited to, general custodial care, security, maintenance, repair,	15362
painting, decoration, cleaning, utilities, fire safety, grounds	15363
and site maintenance and upkeep, and plumbing.	15364

(H) "Manage," "operate," or "management" means the provision	15365
of, or the exercise of control over the provision of, activities	15366
that relate to the housing of offenders in correctional	15367
facilities, including, but not limited to, providing for release	15368
services for offenders who are under the community supervision of	15369
the department of rehabilitation and correction or are placed by a	15370
court in a halfway house pursuant to section 2929.16 or2929.26 of	15371
the Revised Code, and who reside in halfway house facilities.	15372

Sec. 5120.103.  (A) To the extent that funds are available,	15373
the department of rehabilitation and correction, in accordance	15374
with this section and sections 5120.104 and 5120.105 of the	15375
Revised Code, may construct or provide for the construction of	15376
halfway house facilities for offenders whom a court places in a	15377
halfway house pursuant to section 2929.16 or2929.26 of the	15378
Revised Code or who are eligible for community supervision by the	15379
department of rehabilitation and correction.	15380

(B) A halfway house organization that seeks to assist in the	15381
program planning of a halfway house facility described in division	15382
(A) of this section shall file an application with the director of	15383
rehabilitation and correction as set forth in a request for	15384
proposal. Upon the submission of an application, the division of	15385
parole and community services shall review it and, if the division	15386
believes it is appropriate, shall submit a recommendation for its	15387
approval to the director. When the division submits a	15388
recommendation for approval of an application, the director may	15389
approve the application. The director shall not take action or	15390
fail to take action, or permit the taking of action or the failure	15391
to take action, with respect to halfway house facilities that	15392
would adversely affect the exclusion of interest on public	15393
obligations or on fractionalized interests in public obligations	15394
from gross income for federal income tax purposes, or the	15395
classification or qualification of the public obligations or the	15396
interest on or fractionalized interests in public obligations for,	15397
or their exemption from, other treatment under the Internal	15398
Revenue Code.	15399

(C) The director of rehabilitation and correction and the	15400
halfway house organization may enter into an agreement	15401
establishing terms for the program planning of the halfway house	15402
facility. Any terms so established shall conform to the terms of	15403
any covenant or agreement pertaining to an obligation from which	15404
the funds used for the construction of the halfway house facility	15405
are derived.	15406

(D) The director of rehabilitation and correction, in	15407
accordance with Chapter 119. of the Revised Code, shall adopt	15408
rules that specify procedures by which a halfway house	15409
organization may apply for a contract for program planning of a	15410
halfway house facility constructed under this section, procedures	15411
for the department to follow in considering an application,	15412
criteria for granting approval of an application, and any other	15413
rules that are necessary for the selection of program planners of	15414
a halfway house facility.	15415

Sec. 5120.56.  (A) As used in this section:

15416

(1) "Ancillary services" means services provided to an	15417
offender as necessary for the particular circumstances of the	15418
offender's personal supervision, including, but not limited to,	15419
specialized counseling, testing, or other services not included in	15420
the calculation of residential or supervision costs.	15421

(2) "Cost debt" means a cost of incarceration or supervision	15422
that may be assessed against and collected from an offender as a	15423
debt to the state as described in division (D) of this section.	15424

(3) "Detention facility" means any place used for the	15425
confinement of a person charged with or convicted of any crime.	15426

(4) "Offender" means any inmate, parolee, probationerperson	15427
placed under a community control sanction, releasee, or other	15428
person who has been convicted of or pleaded guilty to any felony	15429
or misdemeanor and is sentenced to any of the following:	15430

(a) A term of imprisonment, a prison term, a jail term, or	15431
another type of confinement in a detention facility;	15432

(b) Participation in another correctional program in lieu of	15433
incarceration.	15434

(5) "Community control sanction," "prison term," and "jail	15435
term" have the same meanings as in section 2929.01 of the Revised	15436
Code.	15437

(6) "Parolee" and "releasee" have the same meanings as in	15438
section 2967.01 of the Revised Code.	15439

(B) The department of rehabilitation and correction may	15440
recover from an offender who is in its custody or under its	15441
supervision any cost debt described in division (D) of this	15442
section. To satisfy a cost debt described in that division that	15443
relates to an offender, the department may apply directly assets	15444
that are in the department's possession and that are being held	15445
for that offender without further proceedings in aid of execution,	15446
and, if assets belonging to or subject to the direction of that	15447
offender are in the possession of a third party, the department	15448
may request the attorney general to initiate proceedings to	15449
collect the assets from the third party to satisfy the cost debt.	15450

(C) Except as otherwise provided in division (E) or (G) of	15451
this section, all of the following assets of an offender shall be	15452
subject to attachment, collection, or application toward the cost	15453
debts described in division (D) of this section that are to be	15454
recovered under division (B) of this section:	15455

(1) Subject to division (E) of this section, any pay the	15456
offender receives from the state;	15457

(2) Subject to division (E) of this section, any funds the	15458
offender receives from persons on an approved visitor list;	15459

(3) Any liquid assets belonging to the offender and in the	15460
custody of the department of rehabilitation and correction;	15461

(4) Any assets the offender acquires or any other income the	15462
offender earns subsequent to the offender's commitment.	15463

(D) Costs of incarceration or supervision that may be	15464
assessed against and collected from an offender under division (B)	15465
of this section as a debt to the state shall include, but are not	15466
limited to, all of the following costs that accrue while the	15467
offender is in the custody or under the supervision of the	15468
department of rehabilitation and correction:	15469

(1) Any user fee or copayment for services at a detention	15470
facility or housing facility, including, but not limited to, a fee	15471
or copayment for sick call visits;	15472

(2) Assessment for damage to or destruction of property in a	15473
detention facility subsequent to commitment;	15474

(3) Restitution to an offender or to a staff member of a	15475
state correctional institution for theft, loss, or damage to the	15476
personal property of the offender or staff member;	15477

(4) The cost of housing and feeding the offender in a	15478
detention facility;	15479

(5) The cost of supervision of the offender;

15480

(6) The cost of any ancillary services provided to the	15481
offender.	15482

(E) The cost of housing and feeding an offender in a state	15483
correctional institution shall not be collected from a payment	15484
made to the offender for performing an activity at a state job or	15485
assignment that pays less than the minimum wage or from money the	15486
offender receives from visitors, unless the combined assets in the	15487
offender's institution personal account exceed, at any time, one	15488
hundred dollars. If the combined assets in that account exceed	15489
one hundred dollars, the cost of housing and feeding the offender	15490
may be collected from the amount in excess of one hundred dollars.	15491

(F)(1) The department of rehabilitation and correction shall	15492
adopt rules pursuant to section 111.15 of the Revised Code to	15493
implement the requirements of this section.	15494

(2) The rules adopted under division (F)(1) of this section	15495
shall include, but are not limited to, rules that establish or	15496
contain all of the following:	15497

(a) A process for ascertaining the items of cost to be	15498
assessed against an offender;	15499

(b) Subject to division (F)(3) of this section, a process by	15500
which the offender shall have the opportunity to respond to the	15501
assessment of costs under division (B) of this section and to	15502
contest any item of cost in the department's calculation or as it	15503
applies to the offender;	15504

(c) A requirement that the offender be notified, in writing,	15505
of a final decision to collect or apply the offender's assets	15506
under division (B) of this section and that the notification be	15507
provided after the offender has had an opportunity to contest the	15508
application or collection;	15509

(d) Criteria for evaluating an offender's ongoing, permanent	15510
injury and evaluating the ability of that type of offender to	15511
provide for the offender after incarceration.	15512

(3) The rules adopted under division (F)(1) of this section	15513
may allow the collection of a cost debt as a flat fee or over time	15514
in installments. If the cost debt is to be collected over time in	15515
installments, the rules are not required to permit the offender an	15516
opportunity to contest the assessment of each installment. The	15517
rules may establish a standard fee to apply to all offenders who	15518
receive a particular service.	15519

(G) The department of rehabilitation and correction shall	15520
not collect cost debts or apply offender assets toward a cost debt	15521
under division (B) of this section if, due to an ongoing,	15522
permanent injury, the collection or application would unjustly	15523
limit the offender's ability to provide for the offender after	15524
incarceration.	15525

(H) If an offender acquires assets after the offender is	15526
convicted of or pleads guilty to an offense and if the transferor	15527
knows of the offender's status as an offender, the transferor	15528
shall notify the department of rehabilitation and correction in	15529
advance of the transfer.	15530

(I) There is hereby created in the state treasury the	15531
offender financial responsibility fund. All moneys collected by	15532
or on behalf of the department under this section, and all moneys	15533
currently in the department's custody that are applied to satisfy	15534
an allowable cost debt under this section, shall be deposited into	15535
the fund. The department of rehabilitation and correction may	15536
expend moneys in the fund for goods and services of the same type	15537
as those for which offenders are assessed pursuant to this	15538
section.	15539

Sec. 5122.01.  As used in this chapter and Chapter 5119. of	15540
the Revised Code:	15541

(A) "Mental illness" means a substantial disorder of thought,	15542
mood, perception, orientation, or memory that grossly impairs	15543
judgment, behavior, capacity to recognize reality, or ability to	15544
meet the ordinary demands of life.	15545

(B) "Mentally ill person subject to hospitalization by court	15546
order" means a mentally ill person who, because of the person's	15547
illness:	15548

(1) Represents a substantial risk of physical harm to self	15549
as manifested by evidence of threats of, or attempts at, suicide	15550
or serious self-inflicted bodily harm;	15551

(2) Represents a substantial risk of physical harm to others	15552
as manifested by evidence of recent homicidal or other violent	15553
behavior, evidence of recent threats that place another in	15554
reasonable fear of violent behavior and serious physical harm, or	15555
other evidence of present dangerousness;	15556

(3) Represents a substantial and immediate risk of serious	15557
physical impairment or injury to self as manifested by evidence	15558
that the person is unable to provide for and is not providing for	15559
the person's basic physical needs because of the person's mental	15560
illness and that appropriate provision for those needs cannot be	15561
made immediately available in the community; or	15562

(4) Would benefit from treatment in a hospital for histhe	15563
person's mental illness and is in need of such treatment as	15564
manifested by evidence of behavior that creates a grave and	15565
imminent risk to substantial rights of others or himselfthe	15566
person.	15567

(C)(1) "Patient" means, subject to division (C)(2) of this	15568
section, a person who is admitted either voluntarily or	15569
involuntarily to a hospital or other place under section 2945.39,	15570
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	15571
finding of not guilty by reason of insanity or incompetence to	15572
stand trial or under this chapter, who is under observation or	15573
receiving treatment in such place.	15574

(2) "Patient" does not include a person admitted to a	15575
hospital or other place under section 2945.39, 2945.40, 2945.401,	15576
or 2945.402 of the Revised Code to the extent that the reference	15577
in this chapter to patient, or the context in which the reference	15578
occurs, is in conflict with any provision of sections 2945.37 to	15579
2945.402 of the Revised Code.	15580

(D) "Licensed physician" means a person licensed under the	15581
laws of this state to practice medicine or a medical officer of	15582
the government of the United States while in this state in the	15583
performance of the person's official duties.	15584

(E) "Psychiatrist" means a licensed physician who has	15585
satisfactorily completed a residency training program in	15586
psychiatry, as approved by the residency review committee of the	15587
American medical association, the committee on post-graduate	15588
education of the American osteopathic association, or the American	15589
osteopathic board of neurology and psychiatry, or who on July 1,	15590
1989, has been recognized as a psychiatrist by the Ohio state	15591
medical association or the Ohio osteopathic association on the	15592
basis of formal training and five or more years of medical	15593
practice limited to psychiatry.	15594

(F) "Hospital" means a hospital or inpatient unit licensed by	15595
the department of mental health under section 5119.20 of the	15596
Revised Code, and any institution, hospital, or other place	15597
established, controlled, or supervised by the department under	15598
Chapter 5119. of the Revised Code.	15599

(G) "Public hospital" means a facility that is tax-supported	15600
and under the jurisdiction of the department of mental health.	15601

(H) "Community mental health agency" means any agency,	15602
program, or facility with which a board of alcohol, drug	15603
addiction, and mental health services contracts to provide the	15604
mental health services listed in section 340.09 of the Revised	15605
Code.	15606

(I) "Licensed clinical psychologist" means a person who holds	15607
a current valid psychologist license issued under section 4732.12	15608
or 4732.15 of the Revised Code, and in addition, meets either of	15609
the following criteria:	15610

(1) Meets the educational requirements set forth in division	15611
(B) of section 4732.10 of the Revised Code and has a minimum of	15612
two years' full-time professional experience, or the equivalent as	15613
determined by rule of the state board of psychology, at least one	15614
year of which shall be post-doctoral, in clinical psychological	15615
work in a public or private hospital or clinic or in private	15616
practice, diagnosing and treating problems of mental illness or	15617
mental retardation under the supervision of a psychologist who is	15618
licensed or who holds a diploma issued by the American board of	15619
professional psychology, or whose qualifications are substantially	15620
similar to those required for licensure by the state board of	15621
psychology when the supervision has occurred prior to enactment of	15622
laws governing the practice of psychology;	15623

(2) Meets the educational requirements set forth in division	15624
(B) of section 4732.15 of the Revised Code and has a minimum of	15625
four years' full-time professional experience, or the equivalent	15626
as determined by rule of the state board of psychology, in	15627
clinical psychological work in a public or private hospital or	15628
clinic or in private practice, diagnosing and treating problems of	15629
mental illness or mental retardation under supervision, as set	15630
forth in division (I)(1) of this section.	15631

(J) "Health officer" means any public health physician;	15632
public health nurse; or other person authorized by or designated	15633
by a city health district; a general health district; or a board	15634
of alcohol, drug addiction, and mental health services to perform	15635
the duties of a health officer under this chapter.	15636

(K) "Chief clinical officer" means the medical director of a	15637
hospital, or a community mental health agency, or a board of	15638
alcohol, drug addiction, and mental health services, or, if there	15639
is no medical director, the licensed physician responsible for the	15640
treatment a hospital or community mental health agency provides.	15641
The chief clinical officer may delegate to the attending physician	15642
responsible for a patient's care the duties imposed on the chief	15643
clinical officer by this chapter. Within a community mental	15644
health agency, the chief clinical officer shall be designated by	15645
the governing body of the agency and shall be a licensed physician	15646
or licensed clinical psychologist who supervises diagnostic and	15647
treatment services. A licensed physician or licensed clinical	15648
psychologist designated by the chief clinical officer may perform	15649
the duties and accept the responsibilities of the chief clinical	15650
officer in histhe chief clinical officer's absence.	15651

(L) "Working day" or "court day" means Monday, Tuesday,	15652
Wednesday, Thursday, and Friday, except when such day is a	15653
holiday.	15654

(M) "Indigent" means unable without deprivation of	15655
satisfaction of basic needs to provide for the payment of an	15656
attorney and other necessary expenses of legal representation,	15657
including expert testimony.	15658

(N) "Respondent" means the person whose detention,	15659
commitment, hospitalization, continued hospitalization or	15660
commitment, or discharge is being sought in any proceeding under	15661
this chapter.	15662

(O) "Legal rights service" means the service established	15663
under section 5123.60 of the Revised Code.	15664

(P) "Independent expert evaluation" means an evaluation	15665
conducted by a licensed clinical psychologist, psychiatrist, or	15666
licensed physician who has been selected by the respondent or his	15667
the respondent's counsel and who consents to conducting the	15668
evaluation.	15669

(Q) "Court" means the probate division of the court of common	15670
pleas.	15671

(R) "Expunge" means:

15672

(1) The removal and destruction of court files and records,	15673
originals and copies, and the deletion of all index references;	15674

(2) The reporting to the person of the nature and extent of	15675
any information about himthe person transmitted to any other	15676
person by the court;	15677

(3) Otherwise insuring that any examination of court files	15678
and records in question shall show no record whatever with respect	15679
to the person;	15680

(4) That all rights and privileges are restored, and that	15681
the person, the court, and any other person may properly reply	15682
that no such record exists, as to any matter expunged.	15683

(S) "Residence" means a person's physical presence in a	15684
county with intent to remain there, except that:	15685

(1) If a person is receiving a mental health service at a	15686
facility that includes nighttime sleeping accommodations,	15687
residence means that county in which the person maintained histhe	15688
person's primary place of residence at the time hethe person	15689
entered the facility;	15690

(2) If a person is committed pursuant to section 2945.38,	15691
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	15692
residence means the county where the criminal charges were filed.	15693

When the residence of a person is disputed, the matter of	15694
residence shall be referred to the department of mental health for	15695
investigation and determination. Residence shall not be a basis	15696
for a board's denying services to any person present in the	15697
board's service district, and the board shall provide services for	15698
a person whose residence is in dispute while residence is being	15699
determined and for a person in an emergency situation.	15700

(T) "Admission" to a hospital or other place means that a	15701
patient is accepted for and stays at least one night at the	15702
hospital or other place.	15703

(U) "Prosecutor" means the prosecuting attorney, village	15704
solicitor, city director of law, or similar chief legal officer	15705
who prosecuted a criminal case in which a person was found not	15706
guilty by reason of insanity, who would have had the authority to	15707
prosecute a criminal case against a person if the person had not	15708
been found incompetent to stand trial, or who prosecuted a case in	15709
which a person was found guilty.	15710

(V) "Treatment plan" means a written statement of reasonable	15711
objectives and goals for an individual established by the	15712
treatment team, with specific criteria to evaluate progress	15713
towards achieving those objectives. The active participation of	15714
the patient in establishing the objectives and goals shall be	15715
documented. The treatment plan shall be based on patient needs	15716
and include services to be provided to the patient while hethe	15717
patient is hospitalized and after hethe patient is discharged.	15718
The treatment plan shall address services to be provided upon	15719
discharge, including but not limited to housing, financial, and	15720
vocational services.	15721

(W)"Community control sanction" has the same meaning as in	15722
section 2929.01 of the Revised Code.	15723

(X) "Post-release control sanction" has the same meaning as	15724
in section 2967.01 of the Revised Code.	15725

Sec. 5122.10.  Any psychiatrist, licensed clinical	15726
psychologist, licensed physician, health officer, parole officer,	15727
police officer, or sheriff may take a person into custody, or the	15728
chief of the adult parole authority or a parole or probation	15729
officer with the approval of the chief of the authority may take a	15730
parolee, probationer,an offender onunder a community control	15731
sanction or a post-release control sanction, or an offender under	15732
transitional control into custody and may immediately transport	15733
the parolee, probationer, offender on community control or	15734
post-release control, or offender under transitional control to a	15735
hospital or, notwithstanding section 5119.20 of the Revised Code,	15736
to a general hospital not licensed by the department of mental	15737
health where the parolee, probationer, offender on community	15738
control or post-release control, or offender under transitional	15739
control may be held for the period prescribed in this section, if	15740
the psychiatrist, licensed clinical psychologist, licensed	15741
physician, health officer, parole officer, police officer, or	15742
sheriff has reason to believe that the person is a mentally ill	15743
person subject to hospitalization by court order under division	15744
(B) of section 5122.01 of the Revised Code, and represents a	15745
substantial risk of physical harm to self or others if allowed to	15746
remain at liberty pending examination.	15747

A written statement shall be given to such hospital by the	15748
transporting psychiatrist, licensed clinical psychologist,	15749
licensed physician, health officer, parole officer, police	15750
officer, chief of the adult parole authority, parole or probation	15751
officer, or sheriff stating the circumstances under which such	15752
person was taken into custody and the reasons for the	15753
psychiatrist's, licensed clinical psychologist's, licensed	15754
physician's, health officer's, parole officer's, police officer's,	15755
chief of the adult parole authority's, parole or probation	15756
officer's, or sheriff's belief. This statement shall be made	15757
available to the respondent or the respondent's attorney upon	15758
request of either.	15759

Every reasonable and appropriate effort shall be made to take	15760
persons into custody in the least conspicuous manner possible. A	15761
person taking the respondent into custody pursuant to this section	15762
shall explain to the respondent: the name, professional	15763
designation, and agency affiliation of the person taking the	15764
respondent into custody; that the custody-taking is not a criminal	15765
arrest; and that the person is being taken for examination by	15766
mental health professionals at a specified mental health facility	15767
identified by name.	15768

If a person taken into custody under this section is	15769
transported to a general hospital, the general hospital may admit	15770
the person, or provide care and treatment for the person, or both,	15771
notwithstanding section 5119.20 of the Revised Code, but by the	15772
end of twenty-four hours after arrival at the general hospital,	15773
the person shall be transferred to a hospital as defined in	15774
section 5122.01 of the Revised Code.	15775

A person transported or transferred to a hospital or	15776
community mental health agency under this section shall be	15777
examined by the staff of the hospital or agency within twenty-four	15778
hours after arrival at the hospital or agency. If to conduct the	15779
examination requires that the person remain overnight, the	15780
hospital or agency shall admit the person in an unclassified	15781
status until making a disposition under this section. After the	15782
examination, if the chief clinical officer of the hospital or	15783
agency believes that the person is not a mentally ill person	15784
subject to hospitalization by court order, the chief clinical	15785
officer shall release or discharge the person immediately unless a	15786
court has issued a temporary order of detention applicable to the	15787
person under section 5122.11 of the Revised Code. After the	15788
examination, if the chief clinical officer believes that the	15789
person is a mentally ill person subject to hospitalization by	15790
court order, the chief clinical officer may detain the person for	15791
not more than three court days following the day of the	15792
examination and during such period admit the person as a voluntary	15793
patient under section 5122.02 of the Revised Code or file an	15794
affidavit under section 5122.11 of the Revised Code. If neither	15795
action is taken and a court has not otherwise issued a temporary	15796
order of detention applicable to the person under section 5122.11	15797
of the Revised Code, the chief clinical officer shall discharge	15798
the person at the end of the three-day period unless the person	15799
has been sentenced to the department of rehabilitation and	15800
correction and has not been released from the person's sentence,	15801
in which case the person shall be returned to that department.	15802

Sec. 5122.21.  (A) The chief clinical officer shall as	15803
frequently as practicable, and at least once every thirty days,	15804
examine or cause to be examined every patient, and, whenever the	15805
chief clinical officer determines that the conditions justifying	15806
involuntary hospitalization or commitment no longer obtain, shall,	15807
except as provided in division (C) of this section, discharge the	15808
patient not under indictment or conviction for crime and	15809
immediately make a report of the discharge to the department of	15810
mental health. The chief clinical officer may discharge a patient	15811
who is under an indictment, a sentence of imprisonment, a	15812
community control sanction, or a post-release control sanction or	15813
on probation or parole ten days after written notice of intent to	15814
discharge the patient has been given by personal service or	15815
certified mail, return receipt requested, to the court having	15816
criminal jurisdiction over the patient. Except when the patient	15817
was found not guilty by reason of insanity and histhe defendant's	15818
commitment is pursuant to section 2945.40 of the Revised Code, the	15819
chief clinical officer has final authority to discharge a patient	15820
who is under an indictment, a sentence of imprisonment, a	15821
community control sanction, or a post-release control sanction or	15822
on probation or parole.	15823

(B) After a finding pursuant to section 5122.15 of the	15824
Revised Code that a person is a mentally ill person subject to	15825
hospitalization by court order, the chief clinical officer of the	15826
hospital or agency to which the person is ordered or to which the	15827
person is transferred under section 5122.20 of the Revised Code,	15828
may, except as provided in division (C) of this section, grant a	15829
discharge without the consent or authorization of any court.	15830

Upon discharge, the chief clinical officer shall notify the	15831
court that caused the judicial hospitalization of the discharge	15832
from the hospital.	15833

Sec. 5122.26.  (A) If a patient is absent without leave, on	15834
a verbal or written order issued within five days of the time of	15835
the unauthorized absence by the department of mental health, the	15836
chief clinical officer of the hospital from which the patient is	15837
absent without leave, or the court of either the county from which	15838
the patient was committed or in which the patient is found, any	15839
health or police officer or sheriff may take the patient into	15840
custody and transport the patient to the hospital in which the	15841
patient was hospitalized or to a place that is designated in the	15842
order. The officer immediately shall report such fact to the	15843
agency that issued the order.	15844

The chief clinical officer of a hospital may discharge a	15845
patient who is under an indictment, a sentence of imprisonment, a	15846
community control sanction, or a post-release control sanction or	15847
on probation or parole and who has been absent without leave for	15848
more than thirty days, but shall give written notice of the	15849
discharge to the court with criminal jurisdiction over the	15850
patient. The chief clinical officer of a hospital may discharge	15851
any other patient who has been absent without leave for more than	15852
fourteen days.	15853

The chief clinical officer shall take all proper measures for	15854
the apprehension of an escaped patient. The expense of the return	15855
of an escaped patient shall be borne by the hospital where the	15856
patient is hospitalized.	15857

(B)(1) Subject to division (B)(2) of this section, no	15858
patient hospitalized under Chapter 5122. of the Revised Code whose	15859
absence without leave was caused or contributed to by histhe	15860
patient's mental illness shall be subject to a charge of escape.	15861

(2) Division (B)(1) of this section does not apply to any	15862
person who was hospitalized, institutionalized, or confined in a	15863
facility under an order made pursuant to or under authority of	15864
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	15865
2945.402 of the Revised Code and who escapes from the facility,	15866
from confinement in a vehicle for transportation to or from the	15867
facility, or from supervision by an employee of the facility that	15868
is incidental to hospitalization, institutionalization, or	15869
confinement in the facility and that occurs outside the facility,	15870
in violation of section 2921.34 of the Revised Code.	15871

Sec. 5123.13.  (A) As used in this section, "felony" has the	15872
same meaning as in section 109.511 of the Revised Code.	15873

(B)(1) Subject to division (C) of this section, upon the	15874
recommendation of the director of mental retardation and	15875
developmental disabilities, the managing officer of an institution	15876
under the jurisdiction of the department of mental retardation and	15877
developmental disabilities may designate one or more employees to	15878
be special police officers of the department. The special police	15879
officers shall take an oath of office, wear the badge of office,	15880
and give bond for the proper and faithful discharge of their	15881
duties in an amount that the director requires.	15882

(2) In accordance with section 109.77 of the Revised Code,	15883
the special police officers shall be required to complete	15884
successfully a peace officer basic training program approved by	15885
the Ohio peace officer training commission and to be certified by	15886
the commission. The cost of the training shall be paid by the	15887
department of mental retardation and developmental disabilities.	15888

(3) Special police officers, on the premises of institutions	15889
under the jurisdiction of the department of mental retardation and	15890
developmental disabilities and subject to the rules of the	15891
department, shall protect the property of the institutions and the	15892
persons and property of patients in the institutions, suppress	15893
riots, disturbances, and breaches of the peace, and enforce the	15894
laws of the state and the rules of the department for the	15895
preservation of good order. They may arrest any person without a	15896
warrant and detain the person until a warrant can be obtained	15897
under the circumstances described in division (F) of section	15898
2935.03 of the Revised Code.	15899

(C)(1) The managing officer of an institution under the	15900
jurisdiction of the department of mental retardation and	15901
developmental disabilities shall not designate an employee as a	15902
special police officer of the department pursuant to division	15903
(B)(1) of this section on a permanent basis, on a temporary basis,	15904
for a probationary term, or on other than a permanent basis if the	15905
employee previously has been convicted of or has pleaded guilty to	15906
a felony.	15907

(2)(a) The managing officer of an institution under the	15908
jurisdiction of the department of mental retardation and	15909
developmental disabilities shall terminate the employment as a	15910
special police officer of the department of an employee designated	15911
as a special police officer under division (B)(1) of this section	15912
if that employee does either of the following:	15913

(i) Pleads guilty to a felony;

15914

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	15915
plea agreement as provided in division (D) of section 2929.29	15916
2929.43 of the Revised Code in which the employee agrees to	15917
surrender the certificate awarded to that employee under section	15918
109.77 of the Revised Code.	15919

(b) The managing officer shall suspend from employment as a	15920
special police officer of the department an employee designated as	15921
a special police officer under division (B)(1) of this section if	15922
that employee is convicted, after trial, of a felony. If the	15923
special police officer files an appeal from that conviction and	15924
the conviction is upheld by the highest court to which the appeal	15925
is taken or if the special police officer does not file a timely	15926
appeal, the managing officer shall terminate the employment of	15927
that special police officer. If the special police officer files	15928
an appeal that results in that special police officer's acquittal	15929
of the felony or conviction of a misdemeanor, or in the dismissal	15930
of the felony charge against that special police officer, the	15931
managing officer shall reinstate that special police officer. A	15932
special police officer of the department who is reinstated under	15933
division (C)(2)(b) of this section shall not receive any back pay	15934
unless that special police officer's conviction of the felony was	15935
reversed on appeal, or the felony charge was dismissed, because	15936
the court found insufficient evidence to convict the special	15937
police officer of the felony.	15938

(3) Division (C) of this section does not apply regarding an	15939
offense that was committed prior to January 1, 1997.	15940

(4) The suspension from employment, or the termination of	15941
the employment, of a special police officer under division (C)(2)	15942
of this section shall be in accordance with Chapter 119. of the	15943
Revised Code.	15944

Sec. 5145.01.  Courts shall impose sentences to a state	15945
correctional institution for felonies pursuant to sections 2929.13	15946
and 2929.14 of the Revised Code. All prison terms may be ended in	15947
the manner provided by law, but no prison term shall exceed the	15948
maximum term provided for the felony of which the prisoner was	15949
convicted as extended pursuant to section 2967.11 or 2967.28 of	15950
the Revised Code.	15951

If a prisoner is sentenced for two or more separate felonies,	15952
the prisoner's term of imprisonment shall run as a concurrent	15953
sentence, except if the consecutive sentence provisions of	15954
sections 2929.14 and 2929.41 of the Revised Code apply. If	15955
sentenced consecutively, for the purposes of sections 5145.01 to	15956
5145.27 of the Revised Code, the prisoner shall be held to be	15957
serving one continuous term of imprisonment.	15958

If a court imposes a sentence to a state correctional	15959
institution for a felony of the fourth or fifth degree, the	15960
department of rehabilitation and correction, notwithstanding the	15961
court's designation of a state correctional institution as the	15962
place of service of the sentence, may designate that the person	15963
sentenced is to be housed in a county, multicounty, municipal,	15964
municipal-county, or multicounty-municipal jail or workhouse if	15965
authorized pursuant to section 5120.161 of the Revised Code.	15966

If, through oversight or otherwise, a person is sentenced to	15967
a state correctional institution under a definite term for an	15968
offense for which a definite term of imprisonment is not provided	15969
by statute, the sentence shall not thereby become void, but the	15970
person shall be subject to the liabilities of such sections and	15971
receive the benefits thereof, as if the person had been sentenced	15972
in the manner required by this section.	15973

As used in this section, "prison term" has the same meaning	15974
as in section 2929.01 of the Revised Code.	15975

Sec. 5147.12.  The labor or time of any person confined in	15976
any workhouse or jail shall not be let, farmed out, given, sold,	15977
or contracted to any person. Work performed under a work-release	15978
program authorized under section 5147.28 of the Revised Code is	15979
not in violation of this section.	15980

This section does not apply to any person serving a periodic	15981
sentence under division (A)(3)(B) of section 2929.512929.26 of	15982
the Revised Code, insofar as that person is engaged between	15983
periods of confinement in the person's regular trade or occupation	15984
for the support of the person or the person's family. This	15985
section does not apply to prisoners participating in a county jail	15986
industry program established under section 5147.30 of the Revised	15987
Code.	15988

Sec. 5147.30.  (A) As used in this section, "prisoner" means	15989
any person confined in the county jail in lieu of bail while	15990
awaiting trial, any person committed to jail for nonpayment of a	15991
fine, or any person sentenced by a court to the jail.	15992

(B) A board of county commissioners, by resolution adopted	15993
by a majority vote of its members, may approve the establishment	15994
of a county jail industry program for its county in accordance	15995
with this section.	15996

(C) Upon the adoption by the board of the resolution	15997
described in division (B) of this section, a jail industry board	15998
shall be established, consisting of three voting members appointed	15999
by the board of county commissioners, three voting members	16000
appointed by the county sheriff, and one voting member appointed	16001
jointly by the board of county commissioners and the county	16002
sheriff. One of these voting members shall have knowledge of and	16003
experience in the social services, one in the field of labor, one	16004
in law enforcement, and one in business. The initial appointments	16005
to the jail industry board shall be made on the same date. Of the	16006
initial appointments, one by the board of county commissioners and	16007
one by the county sheriff shall be for terms ending one year after	16008
the date of appointment, two by the board of county commissioners	16009
and two by the county sheriff shall be for terms ending two years	16010
after that date, and the joint appointment shall be for a term	16011
ending three years after that date. Thereafter, terms of office	16012
for all appointed members shall be for three years, with each term	16013
ending on the same day of the same month as did the term that it	16014
succeeds. Any vacancy on the board shall be filled in the same	16015
manner as the original appointment. Any member appointed to fill	16016
a vacancy occurring prior to the expiration date of the term for	16017
which the member's predecessor was appointed shall hold office as	16018
a member for the remainder of that term. Any member shall	16019
continue in office subsequent to the expiration date of the	16020
member's term until the member's successor takes office, or until	16021
a period of sixty days has elapsed, whichever occurs first.	16022

The jail industry board, by majority vote, may appoint	16023
additional persons to serve as nonvoting members of the board.	16024

Each member of the jail industry board shall be reimbursed	16025
for expenses actually and necessarily incurred in the performance	16026
of the member's duties as a board member. The board of county	16027
commissioners, by resolution, shall approve the expenses to be	16028
reimbursed.	16029

(D) A jail industry board established under division (C) of	16030
this section shall establish a program for the employment of as	16031
many prisoners as possible, except those unable to perform labor	16032
because of illness or other health problems, security	16033
requirements, routine processing, disciplinary action, or other	16034
reasonable circumstances or because they are engaged in education	16035
or vocational or other training. The employment may be in jail	16036
manufacturing and service industries and agriculture, in private	16037
industry or agriculture that is located within or outside the	16038
jail, in public works, in institutional jobs necessary for the	16039
proper maintenance and operation of the jail, or in any other	16040
appropriate form of labor. The county shall attempt to employ,	16041
provide employment for, and seek employment for as many prisoners	16042
as possible through the program. The county is not required to	16043
provide employment for every employable prisoner when the	16044
available funds, facilities, or jobs are insufficient to provide	16045
the employment; however, a county that has a county jail industry	16046
program shall continuously seek sources of employment for as many	16047
employable prisoners as possible.	16048

(E) The jail industry program established under division (D)	16049
of this section shall do all of the following:	16050

(1) Establish a system for assigning prisoners to perform	16051
jobs, for periodically evaluating the job performance of each	16052
prisoner, and for periodically evaluating the qualifications of	16053
each prisoner for other jobs;	16054

(2) Attempt to provide jobs and job training for prisoners	16055
that will be useful to them in obtaining employment when released,	16056
except that institutional jobs at the jail need not be related to	16057
any previous employment of the prisoner or relevant to any job the	16058
prisoner intends to pursue after release from jail;	16059

(3) Establish an accounting system to administer and	16060
allocate the earnings of each prisoner. The accounting system may	16061
permit earnings to be used for payment of the employee taxes and	16062
workers' compensation of the prisoner, for reimbursing the county	16063
for room and board and for the expense of providing employment to	16064
the prisoner, for restitution to the victims of the prisoner's	16065
offenses if the prisoner voluntarily requests or is under court	16066
order to make restitution payments, for fines and court costs, for	16067
support of the dependents of the prisoner, and for an account for	16068
the prisoner.	16069

(4) Require all persons who employ prisoners to meet all	16070
applicable work safety standards.	16071

(F) The jail industry board, with the approval of the county	16072
sheriff, shall adopt rules for the establishment and	16073
administration of the jail industry program. The rules shall	16074
provide for all of the following:	16075

(1) A procedure for seeking the employment of prisoners in	16076
penal industries and agriculture, in private industry and	16077
agriculture located within or outside the county jail, in public	16078
works, in institutional jobs necessary for the proper maintenance	16079
or operation of the county's institutions, and in other	16080
appropriate forms of labor;	16081

(2) A system of compensation, allowances, hours, conditions	16082
of employment, and advancement for prisoners employed in any form	16083
of labor;	16084

(3) The regulation of the working conditions of prisoners	16085
employed in any form of labor;	16086

(4) An accounting system for the allocation of the earnings	16087
of each prisoner;	16088

(5) Any other rules on any subject that are necessary to	16089
administer the program or to provide employment for as many	16090
prisoners as possible.	16091

(G) In establishing and administering a county jail industry	16092
program, the board of county commissioners, upon the	16093
recommendation of the jail industry board and the county sheriff	16094
may do any of the following:	16095

(1) Enter into contracts with private industry, agriculture,	16096
and other organizations or persons, and receive grants to	16097
establish test work programs within or outside institutions under	16098
the control of the county;	16099

(2) Enter into contracts with private industry for the	16100
establishment of manufacturing and service industries within or	16101
near institutions under the control of the county for the	16102
employment of prisoners;	16103

(3) Enter into contracts with private industry, agriculture,	16104
and other organizations or persons to provide employment for	16105
prisoners;	16106

(4) Enter into any other contracts or perform any other	16107
functions that are necessary for the county jail industry program.	16108

(H) The jail industry program established under division (D)	16109
of this section shall be administered in accordance with any rules	16110
adopted by the jail industry board pursuant to division (F) of	16111
this section and with the following requirements:	16112

(1) The county sheriff at all times shall be responsible for	16113
the security and discipline of the prisoners in the program. the	16114
sheriff shall adopt a procedure for the discipline of a prisoner	16115
who violates the requirements of a job in the program, and the	16116
sheriff may remove a prisoner from the program if the sheriff	16117
determines that considerations of security or discipline require	16118
it.	16119

(2) When the sentence imposed on a prisoner includes a	16120
specification pursuant to division (F)(E) of section 2929.21	16121
2929.24 of the Revised Code, authorizing the county sheriff to	16122
consider the prisoner for participation in the county jail	16123
industry program, the sheriff shall review the qualifications of	16124
the prisoner and determine whether the prisoner's participation in	16125
the program is appropriate.	16126

(3) When making the initial job assignment for a prisoner	16127
whom the county sheriff has approved for participation in the	16128
program, the board shall consider the nature of the offense	16129
committed by the prisoner, the availability of employment, the	16130
security requirements of the prisoner, the prisoner's present	16131
state of mind, the prisoner's jail record, and all other relevant	16132
factors. When making the initial job assignment of a prisoner,	16133
the board shall attempt to develop the work skills of the	16134
prisoner, provide the prisoner rehabilitation, consider the	16135
proximity of the job to the prisoner's family, and permit the	16136
prisoner to provide support for the prisoner's dependents if the	16137
prisoner's earnings are sufficient to make that feasible.	16138

(4) Each prisoner shall be required to perform	16139
satisfactorily the job to which the prisoner is assigned, be	16140
permitted to be absent from that job only for legitimate reasons,	16141
be required to comply with all security requirements, and be	16142
required to comply with any other reasonable job performance	16143
standards.	16144

(5) A prisoner who violates the work requirements of any job	16145
shall be disciplined pursuant to the disciplinary procedure	16146
adopted by the county sheriff pursuant to division (H)(1) of this	16147
section.	16148

Sec. 5149.03.  (A) The adult parole authority shall	16149
administer Chapter 5149. and the provisions of Chapter 2967.,	16150
Chapter 2971., and sections 2301.27 to 2301.32, 2941.46, 2951.05,	16151
2951.06, and 2951.08 of the Revised Code that impose duties upon	16152
the authority.	16153

The authority may enter into a written agreement with a	16154
person or government entity to share information, personnel, and	16155
services for one or more of the following purposes: training,	16156
crime interdiction, fugitive apprehension, and community	16157
supervision. The agreement may permit the authority to act in	16158
concert with and provide assistance to a law enforcement agency,	16159
as defined in section 5101.26 of the Revised Code, in detecting,	16160
tracking, apprehending, or detaining an individual subject to	16161
arrest.	16162

(B)(1) As used in division (B) of this section:

16163

(a) "Ohio prisoner" has the same meaning as in section	16164
5120.64 of the Revised Code.	16165

(b) "Out-of-state prisoner" and "private contractor" have	16166
the same meanings as in section 9.07 of the Revised Code.	16167

(2) The adult parole authority, in order to discharge its	16168
duties under Chapters 2967. and 5149. of the Revised Code, may	16169
enter into a contract with a private person or entity for the	16170
return of Ohio prisoners who are the responsibility of the	16171
department of rehabilitation and correction from outside of this	16172
state to a location in this state specified by the adult parole	16173
authority. If the adult parole authority enters into a contract	16174
as described in this division, subject to division (B)(3) of this	16175
section, the private person or entity in accordance with the	16176
contract may return Ohio prisoners from outside of this state to	16177
locations in this state specified by the adult parole authority. A	16178
contract entered into under this division shall include all of the	16179
following:	16180

(a) Specific provisions that assign the responsibility for	16181
costs related to medical care of prisoners while they are being	16182
returned that is not covered by insurance of the private person or	16183
entity;	16184

(b) Specific provisions that set forth the number of days,	16185
not exceeding ten, within which the private person or entity,	16186
after it receives the prisoner in the other state, must deliver	16187
the prisoner to the location in this state specified by the adult	16188
parole authority, subject to the exceptions adopted as described	16189
in division (B)(2)(c) of this section;	16190

(c) Any exceptions to the specified number of days for	16191
delivery specified as described in division (B)(2)(b) of this	16192
section;	16193

(d) A requirement that the private person or entity	16194
immediately report all escapes of prisoners who are being returned	16195
to this state, and the apprehension of all prisoners who are being	16196
returned and who have escaped, to the adult parole authority and	16197
to the local law enforcement agency of this state or another state	16198
that has jurisdiction over the place at which the escape occurs;	16199

(e) A schedule of fines that the adult parole authority	16200
shall impose upon the private person or entity if the private	16201
person or entity fails to perform its contractual duties, and a	16202
requirement that, if the private person or entity fails to perform	16203
its contractual duties, the adult parole authority shall impose a	16204
fine on the private person or entity from the schedule of fines	16205
and, in addition, may exercise any other rights it has under the	16206
contract.	16207

(f) If the contract is entered into on or after the	16208
effective date of the rules adopted by the department of	16209
rehabilitation and correction under section 5120.64 of the Revised	16210
Code, specific provisions that comport with all applicable	16211
standards that are contained in those rules.	16212

(3) If the private person or entity that enters into the	16213
contract fails to perform its contractual duties, the adult parole	16214
authority shall impose upon the private person or entity a fine	16215
from the schedule, the money paid in satisfaction of the fine	16216
shall be paid into the state treasury, and the adult parole	16217
authority may exercise any other rights it has under the contract.	16218
If a fine is imposed under this division, the adult parole	16219
authority may reduce the payment owed to the private person or	16220
entity pursuant to any invoice in the amount of the fine.	16221

(4) Upon the effective date of the rules adopted by the	16222
department of rehabilitation and correction under section 5120.64	16223
of the Revised Code, notwithstanding the existence of a contract	16224
entered into under division (B)(2) of this section, in no case	16225
shall the private person or entity that is a party to the contract	16226
return Ohio prisoners from outside of this state into this state	16227
for the adult parole authority unless the private person or entity	16228
complies with all applicable standards that are contained in the	16229
rules.	16230

(5) Divisions (B)(1) to (4) of this section do not apply	16231
regarding any out-of-state prisoner who is brought into this state	16232
to be housed pursuant to section 9.07 of the Revised Code in a	16233
correctional facility in this state that is managed and operated	16234
by a private contractor.	16235

Sec. 5149.18.  For the purposes of Chapter 5149. of the	16236
Revised Code, all of the following apply:	16237

(A) "State, states, or States" means one or several of the	16238
fifty states of the United States, Puerto Rico, the Virgin	16239
Islands, and the District of Columbia.	16240

(B) The term "parole" includes post-release control under	16241
section 2967.28 of the Revised Code.	16242

(C) The term "probation" includes non-prison sanctions	16243
imposed under sections 2929.16, 2929.17, and 2929.18 of the	16244
Revised Code and community control sanctions imposed under	16245
sections 2929.26, 2929.27, and 2929.28 of the Revised Code.	16246

Pursuant to the consent and authorization contained in	16247
Section 111 (b) of title 4 of the United States Code as cited in	16248
section 5149.17 of the Revised Code, this state shall be a party	16249
to "Interstate Compact for the Supervision of Parolees and	16250
Probationers" with any additional jurisdiction legally joining	16251
therein when such jurisdiction has entered in said compact in	16252
accordance with its terms.	16253

Sec. 5149.31.  The department of rehabilitation and	16254
correction shall do all of the following:	16255

(A) Establish and administer a program of subsidies for	16256
eligible counties and groups of counties for felony offenders and	16257
a program of subsidies for eligible municipal corporations,	16258
counties, and groups of counties for misdemeanor offenders for the	16259
development, implementation, and operation of community	16260
corrections programs. Department expenditures for administration	16261
of both programs of subsidies shall not exceed ten per cent of the	16262
moneys appropriated for each of the purposes of this division.	16263

(B) Adopt and promulgate rules, under Chapter 119. of the	16264
Revised Code, providing standards for community corrections	16265
programs. The standards shall be designed to improve the quality	16266
and efficiency of the programs and to reduce the number of persons	16267
committed to state correctional institutions and to county,	16268
multicounty, municipal, municipal-county, or multicounty-municipal	16269
jails or workhouses for offenses for which community control	16270
sanctions are authorized under section 2929.13 or, 2929.15,or	16271
2929.25 of the Revised Code. In developing the standards, the	16272
department shall consult with, and seek the advice of, local	16273
corrections agencies, law enforcement agencies, and other public	16274
and private agencies concerned with corrections. The department	16275
shall conduct, and permit participation by local corrections	16276
planning boards established under section 5149.34 of the Revised	16277
Code and joint county corrections planning boards established	16278
under section 5149.35 of the Revised Code in, an annual review of	16279
the standards to measure their effectiveness in promoting the	16280
purposes specified in this division and shall amend or rescind any	16281
existing rule providing a standard or adopt and promulgate	16282
additional rules providing standards, under Chapter 119. of the	16283
Revised Code, if the review indicates that the standards fail to	16284
promote the purposes.	16285

(C) Accept and use any funds, goods, or services from the	16286
federal government or any other public or private source for the	16287
support of the subsidy programs established under division (A) of	16288
this section. The department may comply with any conditions and	16289
enter into any agreements that it considers necessary to obtain	16290
these funds, goods, or services.	16291

(D) Adopt rules, in accordance with Chapter 119. of the	16292
Revised Code, and do all other things necessary to implement	16293
sections 5149.30 to 5149.37 of the Revised Code;	16294

(E) Evaluate or provide for the evaluation of community	16295
corrections programs funded by the subsidy programs established	16296
under division (A) of this section and establish means of	16297
measuring their effectiveness;	16298

(F) Prepare an annual report evaluating the subsidy programs	16299
established under division (A) of this section. The report shall	16300
include, but need not be limited to, analyses of the structure of	16301
the programs and their administration by the department, the	16302
effectiveness of the programs in the development and	16303
implementation of community corrections programs, the specific	16304
standards adopted and promulgated under division (B) of this	16305
section and their effectiveness in promoting the purposes of the	16306
programs, and the findings of the evaluations conducted under	16307
division (E) of this section. The director of rehabilitation and	16308
correction shall review and certify the accuracy of the report and	16309
provide copies of it, upon request, to members of the general	16310
assembly.	16311

(G) Provide training or assistance, upon the request of a	16312
local corrections planning board or a joint county corrections	16313
planning board, to any local unit of government, subject to	16314
available resources of the department.	16315

Sec. 5321.01.  As used in this chapter:

16316

(A) "Tenant" means a person entitled under a rental agreement	16317
to the use and occupancy of residential premises to the exclusion	16318
of others.	16319

(B) "Landlord" means the owner, lessor, or sublessor of	16320
residential premises, the agent of the owner, lessor, or	16321
sublessor, or any person authorized by the owner, lessor, or	16322
sublessor to manage the premises or to receive rent from a tenant	16323
under a rental agreement.	16324

(C) "Residential premises" means a dwelling unit for	16325
residential use and occupancy and the structure of which it is a	16326
part, the facilities and appurtenances in it, and the grounds,	16327
areas, and facilities for the use of tenants generally or the use	16328
of which is promised the tenant. "Residential premises" includes a	16329
dwelling unit that is owned or operated by a college or	16330
university. "Residential premises" does not include any of the	16331
following:	16332

(1) Prisons, jails, workhouses, and other places of	16333
incarceration or correction, including, but not limited to,	16334
halfway houses or residential arrangements whichthat are used or	16335
occupied as a requirement of probationa community control	16336
sanction, a post-release control sanction, or parole;	16337

(2) Hospitals and similar institutions with the primary	16338
purpose of providing medical services, and homes licensed pursuant	16339
to Chapter 3721. of the Revised Code;	16340

(3) Tourist homes, hotels, motels, and other similar	16341
facilities where circumstances indicate a transient occupancy;	16342

(4) Elementary and secondary boarding schools, where the	16343
cost of room and board is included as part of the cost of tuition;	16344

(5) Orphanages and similar institutions;

16345

(6) Farm residences furnished in connection with the rental	16346
of land of a minimum of two acres for production of agricultural	16347
products by one or more of the occupants;	16348

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	16349
the Revised Code;	16350

(8) Occupancy by an owner of a condominium unit;

16351

(9) Occupancy in a facility licensed as an SRO facility	16352
pursuant to Chapter 3731. of the Revised Code, if the facility is	16353
owned or operated by an organization that is exempt from taxation	16354
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	16355
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	16356
group of entities in which such an organization has a controlling	16357
interest, and if either of the following applies:	16358

(a) The occupancy is for a period of less than sixty days;

16359

(b) The occupancy is for participation in a program operated	16360
by the facility, or by a public entity or private charitable	16361
organization pursuant to a contract with the facility, to provide	16362
either of the following:	16363

(i) Services licensed, certified, registered, or approved by	16364
a governmental agency or private accrediting organization for the	16365
rehabilitation of mentally ill persons, developmentally disabled	16366
persons, adults or juveniles convicted of criminal offenses, or	16367
persons suffering from substance abuse;	16368

(ii) Shelter for juvenile runaways, victims of domestic	16369
violence, or homeless persons.	16370

(10) Emergency shelters operated by organizations exempt	16371
from federal income taxation under section 501(c)(3) of the	16372
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501,	16373
as amended, for persons whose circumstances indicate a transient	16374
occupancy, including homeless people, victims of domestic	16375
violence, and juvenile runaways.	16376

(D) "Rental agreement" means any agreement or lease, written	16377
or oral, which establishes or modifies the terms, conditions,	16378
rules, or any other provisions concerning the use and occupancy of	16379
residential premises by one of the parties.	16380

(E) "Security deposit" means any deposit of money or property	16381
to secure performance by the tenant under a rental agreement.	16382

(F) "Dwelling unit" means a structure or the part of a	16383
structure that is used as a home, residence, or sleeping place by	16384
one person who maintains a household or by two or more persons who	16385
maintain a common household.	16386

(G) "Controlled substance" has the same meaning as in section	16387
3719.01 of the Revised Code.	16388

(H) "Student tenant" means a person who occupies a dwelling	16389
unit owned or operated by the college or university at which the	16390
person is a student, and who has a rental agreement that is	16391
contingent upon the person's status as a student.	16392

(I) "Community control sanction" has the same meaning as in	16393
section 2929.01 of the Revised Code.	16394

(J) "Post-release control sanction" has the same meaning as	16395
in section 2967.01 of the Revised Code.	16396

Sec. 5502.14.  (A) As used in this section, "felony" has the	16397
same meaning as in section 109.511 of the Revised Code.	16398

(B)(1) Any person who is employed by the department of	16399
public safety and designated by the director of public safety to	16400
enforce Title XLIII of the Revised Code, the rules adopted under	16401
it, and the laws and rules regulating the use of food stamps shall	16402
be known as an enforcement agent. The employment by the	16403
department of public safety and the designation by the director of	16404
public safety of a person as an enforcement agent shall be subject	16405
to division (D) of this section. An enforcement agent has the	16406
authority vested in peace officers pursuant to section 2935.03 of	16407
the Revised Code to keep the peace, to enforce all applicable laws	16408
and rules on any retail liquor permit premises, or on any other	16409
premises of public or private property, where a violation of Title	16410
XLIII of the Revised Code or any rule adopted under it is	16411
occurring, and to enforce all laws and rules governing the use of	16412
food stamp coupons, women, infants, and children's coupons,	16413
electronically transferred benefits, or any other access device	16414
that is used alone or in conjunction with another access device to	16415
obtain payments, allotments, benefits, money, goods, or other	16416
things of value, or that can be used to initiate a transfer of	16417
funds, pursuant to the food stamp program established under the	16418
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as	16419
amended, or any supplemental food program administered by any	16420
department of this state pursuant to the "Child Nutrition Act of	16421
1966," 80 Stat. 885, 42 U.S.C.A. 1786. Enforcement agents, in	16422
enforcing compliance with the laws and rules described in this	16423
division, may keep the peace and make arrests for violations of	16424
those laws and rules.	16425

(2) In addition to the authority conferred by division	16426
(B)(1) of this section, an enforcement agent also may execute	16427
search warrants and seize and take into custody any contraband, as	16428
defined in section 2901.01 of the Revised Code, or any property	16429
that is otherwise necessary for evidentiary purposes related to	16430
any violations of the laws or rules described in division (B)(1)	16431
of this section. An enforcement agent may enter public or private	16432
premises where activity alleged to violate the laws or rules	16433
described in division (B)(1) of this section is occurring.	16434

(3) Enforcement agents who are on, immediately adjacent to,	16435
or across from retail liquor permit premises and who are	16436
performing investigative duties relating to that premises,	16437
enforcement agents who are on premises that are not liquor permit	16438
premises but on which a violation of Title XLIII of the Revised	16439
Code or any rule adopted under it allegedly is occurring, and	16440
enforcement agents who view a suspected violation of Title XLIII	16441
of the Revised Code, of a rule adopted under it, or of another law	16442
or rule described in division (B)(1) of this section have the	16443
authority to enforce the laws and rules described in division	16444
(B)(1) of this section, authority to enforce any section in Title	16445
XXIX of the Revised Code or any other section of the Revised Code	16446
listed in section 5502.13 of the Revised Code if they witness a	16447
violation of the section under any of the circumstances described	16448
in this division, and authority to make arrests for violations of	16449
the laws and rules described in division (B)(1) of this section	16450
and violations of any of those sections.	16451

(4) The jurisdiction of an enforcement agent under division	16452
(B) of this section shall be concurrent with that of the peace	16453
officers of the county, township, or municipal corporation in	16454
which the violation occurs.	16455

(C) Enforcement agents of the department of public safety	16456
who are engaged in the enforcement of the laws and rules described	16457
in division (B)(1) of this section may carry concealed weapons	16458
when conducting undercover investigations pursuant to their	16459
authority as law enforcement officers and while acting within the	16460
scope of their authority pursuant to this chapter.	16461

(D)(1) The department of public safety shall not employ, and	16462
the director of public safety shall not designate, a person as an	16463
enforcement agent on a permanent basis, on a temporary basis, for	16464
a probationary term, or on other than a permanent basis if the	16465
person previously has been convicted of or has pleaded guilty to a	16466
felony.	16467

(2)(a) The department of public safety shall terminate the	16468
employment of a person who is designated as an enforcement agent	16469
and who does either of the following:	16470

(i) Pleads guilty to a felony;

16471

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	16472
plea agreement as provided in division (D) of section 2929.29	16473
2929.43 of the Revised Code in which the enforcement agent agrees	16474
to surrender the certificate awarded to that agent under section	16475
109.77 of the Revised Code.	16476

(b) The department shall suspend the employment of a person	16477
who is designated as an enforcement agent if the person is	16478
convicted, after trial, of a felony. If the enforcement agent	16479
files an appeal from that conviction and the conviction is upheld	16480
by the highest court to which the appeal is taken or if no timely	16481
appeal is filed, the department shall terminate the employment of	16482
that agent. If the enforcement agent files an appeal that results	16483
in that agent's acquittal of the felony or conviction of a	16484
misdemeanor, or in the dismissal of the felony charge against the	16485
agent, the department shall reinstate the agent. An enforcement	16486
agent who is reinstated under division (D)(2)(b) of this section	16487
shall not receive any back pay unless the conviction of that agent	16488
of the felony was reversed on appeal, or the felony charge was	16489
dismissed, because the court found insufficient evidence to	16490
convict the agent of the felony.	16491

(3) Division (D) of this section does not apply regarding an	16492
offense that was committed prior to January 1, 1997.	16493

(4) The suspension or termination of the employment of a	16494
person designated as an enforcement agent under division (D)(2) of	16495
this section shall be in accordance with Chapter 119. of the	16496
Revised Code.	16497

Sec. 5743.45.  (A) As used in this section, "felony" has the	16498
same meaning as in section 109.511 of the Revised Code.	16499

(B) For purposes of enforcing this chapter and Chapters	16500
5735., 5739., 5741., and 5747. of the Revised Code and subject to	16501
division (C) of this section, the tax commissioner, by journal	16502
entry, may delegate any investigation powers of the commissioner	16503
to an employee of the department of taxation who has been	16504
certified by the Ohio peace officer training commission and who is	16505
engaged in the enforcement of those chapters. A separate journal	16506
entry shall be entered for each employee to whom that power is	16507
delegated. Each journal entry shall be a matter of public record	16508
and shall be maintained in an administrative portion of the	16509
journal as provided for in division (L) of section 5703.05 of the	16510
Revised Code. When that journal entry is completed, the employee	16511
to whom it pertains, while engaged within the scope of the	16512
employee's duties in enforcing the provisions of this chapter or	16513
Chapter 5735., 5739., 5741., or 5747. of the Revised Code, has the	16514
power of a police officer to carry concealed weapons, make	16515
arrests, and obtain warrants for violations of any provision in	16516
those chapters. The commissioner, at any time, may suspend or	16517
revoke that the commissioner's delegation by journal entry. No	16518
employee of the department shall divulge any information acquired	16519
as a result of an investigation pursuant to this chapter or	16520
Chapter 5735., 5739., 5741., or 5747. of the Revised Code, except	16521
as may be required by the commissioner or a court.	16522

(C)(1) The tax commissioner shall not delegate any	16523
investigation powers to an employee of the department of taxation	16524
pursuant to division (B) of this section on a permanent basis, on	16525
a temporary basis, for a probationary term, or on other than a	16526
permanent basis if the employee previously has been convicted of	16527
or has pleaded guilty to a felony.	16528

(2)(a) The tax commissioner shall revoke the delegation of	16529
investigation powers to an employee to whom the delegation was	16530
made pursuant to division (B) of this section if that employee	16531
does either of the following:	16532

(i) Pleads guilty to a felony;

16533

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	16534
plea agreement as provided in division (D) of section 2929.29	16535
2929.43 of the Revised Code in which the employee agrees to	16536
surrender the certificate awarded to that employee under section	16537
109.77 of the Revised Code.	16538

(b) The tax commissioner shall suspend the delegation of	16539
investigation powers to an employee to whom the delegation was	16540
made pursuant to division (B) of this section if that employee is	16541
convicted, after trial, of a felony. If the employee files an	16542
appeal from that conviction and the conviction is upheld by the	16543
highest court to which the appeal is taken or if the employee does	16544
not file a timely appeal, the commissioner shall revoke the	16545
delegation of investigation powers to that employee. If the	16546
employee files an appeal that results in that employee's acquittal	16547
of the felony or conviction of a misdemeanor, or in the dismissal	16548
of the felony charge against that employee, the commissioner shall	16549
reinstate the delegation of investigation powers to that employee.	16550
The suspension, revocation, and reinstatement of the delegation of	16551
investigation powers to an employee under division (C)(2) of this	16552
section shall be made by journal entry pursuant to division (B) of	16553
this section. An employee to whom the delegation of investigation	16554
powers is reinstated under division (C)(2)(b) of this section	16555
shall not receive any back pay for the exercise of those	16556
investigation powers unless that employee's conviction of the	16557
felony was reversed on appeal, or the felony charge was dismissed,	16558
because the court found insufficient evidence to convict the	16559
employee of the felony.	16560

(3) Division (C) of this section does not apply regarding an	16561
offense that was committed prior to January 1, 1997.	16562

(4) The suspension or revocation of the delegation of	16563
investigation powers to an employee under division (C)(2) of this	16564
section shall be in accordance with Chapter 119. of the Revised	16565
Code.	16566

Sec. 5907.021.  (A) As used in this section, "felony" has	16567
the same meaning as in section 109.511 of the Revised Code.	16568

(B)(1) The superintendent of the Ohio veterans' home shall	16569
not appoint a person as a chief of police or an employee as an	16570
Ohio veterans' home police officer on a permanent basis, on a	16571
temporary basis, for a probationary term, or on other than a	16572
permanent basis if the person or employee previously has been	16573
convicted of or has pleaded guilty to a felony.	16574

(2)(a) The superintendent of the Ohio veterans' home shall	16575
terminate the employment of a chief of police or the employment as	16576
an Ohio veterans' home police officer of an employee appointed as	16577
an Ohio veterans' home police officer if that chief of police or	16578
employee does either of the following:	16579

(i) Pleads guilty to a felony;

16580

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	16581
plea agreement as provided in division (D) of section 2929.29	16582
2929.43 of the Revised Code in which the chief of police or	16583
employee agrees to surrender the certificate awarded to that chief	16584
of police or employee under section 109.77 of the Revised Code.	16585

(b) The superintendent shall suspend from employment a chief	16586
of police or from employment as an Ohio veterans' home police	16587
officer an employee appointed as an Ohio veterans' home police	16588
officer if that chief of police or employee is convicted, after	16589
trial, of a felony. If the chief of police or the employee files	16590
an appeal from that conviction and the conviction is upheld by the	16591
highest court to which the appeal is taken or if the chief of	16592
police or the employee does not file a timely appeal, the	16593
superintendent shall terminate the employment of that chief of	16594
police or that employee as an Ohio veterans' home police officer.	16595
If the chief of police or the employee files an appeal that	16596
results in that chief of police's or that employee's acquittal of	16597
the felony or conviction of a misdemeanor, or in the dismissal of	16598
the felony charge against that chief of police or that employee,	16599
the superintendent shall reinstate that chief of police or that	16600
employee as an Ohio veterans' home police officer. A chief of	16601
police or an employee who is reinstated as an Ohio veterans' home	16602
police officer under division (B)(2)(b) of this section shall not	16603
receive any back pay unless the conviction of that chief of police	16604
or that employee of the felony was reversed on appeal, or the	16605
felony charge was dismissed, because the court found insufficient	16606
evidence to convict the chief of police or the employee of the	16607
felony.	16608

(3) Division (B) of this section does not apply regarding an	16609
offense that was committed prior to January 1, 1997.	16610

(4) The suspension from employment, or the termination of	16611
the employment, of a chief of police or an Ohio veterans' home	16612
police officer under division (B)(2) of this section shall be in	16613
accordance with Chapter 119. of the Revised Code.	16614

Sec. 6101.75.  (A) As used in this section, "felony" has	16615
the same meaning as in section 109.511 of the Revised Code.	16616

(B) The board of directors of a conservancy district may	16617
police the works of the district and, in times of great emergency,	16618
may compel assistance in the protection of those works. The board	16619
may prevent persons, vehicles, or livestock from passing over the	16620
property or works of the district at any places or in any manner	16621
that would result in damage to the property or works or in the	16622
opinion of the board would endanger the property or works or the	16623
safety of persons lawfully on the property or works.	16624

The employees that the board designates for that purpose have	16625
all the powers of police officers within and adjacent to the	16626
properties owned or controlled by the district. Before entering	16627
upon the exercise of those powers, each employee shall take an	16628
oath and give a bond to the state, in the amount that the board	16629
prescribes, for the proper exercise of those powers. The cost of	16630
the bond shall be borne by the district. This division is subject	16631
to division (C) of this section.	16632

(C)(1) The board of directors shall not designate an	16633
employee as provided in division (B) of this section on a	16634
permanent basis, on a temporary basis, for a probationary term, or	16635
on other than a permanent basis if the employee previously has	16636
been convicted of or has pleaded guilty to a felony.	16637

(2)(a) The board of directors shall terminate the employment	16638
of an employee designated as provided in division (B) of this	16639
section if that employee does either of the following:	16640

(i) Pleads guilty to a felony;

16641

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	16642
plea agreement as provided in division (D) of section 2929.29	16643
2929.43 of the Revised Code in which the employee agrees to	16644
surrender the certificate awarded to that employee under section	16645
109.77 of the Revised Code.	16646

(b) The board of directors shall suspend from employment an	16647
employee designated as provided in division (B) of this section if	16648
that employee is convicted, after trial, of a felony. If the	16649
employee files an appeal from that conviction and the conviction	16650
is upheld by the highest court to which the appeal is taken or if	16651
the employee does not file a timely appeal, the board shall	16652
terminate the employment of that employee. If the employee files	16653
an appeal that results in that employee's acquittal of the felony	16654
or conviction of a misdemeanor, or in the dismissal of the felony	16655
charge against that employee, the board shall reinstate that	16656
employee. An employee who is reinstated under division (C)(2)(b)	16657
of this section shall not receive any back pay unless that	16658
employee's conviction of the felony was reversed on appeal, or the	16659
felony charge was dismissed, because the court found insufficient	16660
evidence to convict the employee of the felony.	16661

(3) Division (C) of this section does not apply regarding an	16662
offense that was committed prior to January 1, 1997.	16663

(4) The suspension from employment, or the termination of	16664
the employment, of an employee under division (C)(2) of this	16665
section shall be in accordance with Chapter 119. of the Revised	16666
Code.	16667

Section 2.  That existing sections 1.05, 109.42, 109.511,	16668
109.77, 120.06, 120.16, 120.26, 149.43, 306.352, 307.93, 311.04,	16669
321.44, 341.14, 341.19, 341.21, 341.23, 341.26, 505.49, 509.01,	16670
511.232, 737.052, 737.162, 737.41, 753.02, 753.04, 753.16,	16671
1501.013, 1503.29, 1517.10, 1531.132, 1541.11, 1545.13, 1547.523,	16672
1547.99, 1702.80, 1713.50, 2101.09, 2152.02, 2152.19, 2152.20,	16673
2301.03, 2301.27, 2301.28, 2301.30, 2301.32, 2301.56, 2305.234,	16674
2313.29, 2903.13, 2905.12, 2907.15, 2907.27, 2919.22, 2919.25,	16675
2923.14, 2925.11, 2929.01, 2929.17, 2929.18, 2929.19, 2929.221,	16676
2929.24, 2929.25, 2929.28, 2929.29, 2929.31, 2935.33, 2937.07,	16677
2945.17, 2947.06, 2947.19, 2947.21, 2949.111, 2950.01, 2950.99,	16678
2951.01, 2951.011, 2951.02, 2951.021, 2951.041, 2951.05, 2951.06,	16679
2951.07, 2951.08, 2951.10, 2953.31, 2953.32, 2953.33, 2961.01,	16680
2963.01, 2963.11, 2963.20, 2963.21, 2967.02, 2967.22, 2967.26,	16681
2969.11, 2969.12, 2969.13, 2969.14, 3313.65, 3321.38, 3345.04,	16682
3719.12, 3719.121, 3719.70, 3734.44, 3735.311, 3748.99, 3793.13,	16683
3937.43, 3959.13, 4507.021, 4507.022, 4507.16, 4507.99, 4511.83,	16684
4511.99, 4717.05, 4734.35, 4761.13, 4973.171, 5101.28, 5101.45,	16685
5119.14, 5120.10, 5120.102, 5120.103, 5120.56, 5122.01, 5122.10,	16686
5122.21, 5122.26, 5123.13, 5145.01, 5147.12, 5147.30, 5149.03,	16687
5149.18, 5149.31, 5321.01, 5502.14, 5743.45, 5907.021, and	16688
6101.75; and sections 341.06, 737.30, 2929.21, 2929.22, 2929.223,	16689
2929.23, 2929.51, 2933.16, and 2951.09 of the Revised Code are	16690
hereby repealed.	16691

Section 3.  The provisions of the Revised Code in existence	16692
prior to July 1, 2002, shall apply to a person upon whom a court	16693
imposed prior to that date a term of imprisonment for a	16694
misdemeanor offense and to a person upon whom a court, on or after	16695
that date and in accordance with the law in existence prior to	16696
that date, imposed a term of imprisonment for a misdemeanor	16697
offense that was committed prior to that date.	16698

The provisions of the Revised Code in existence on and after	16699
July 1, 2002, apply to a person who commits a misdemeanor offense	16700
on or after that date.	16701

Section 4.  Sections 1 and 2 of this act shall take effect	16702
July 1, 2002.	16703

Section 5.  Section 1.05 of the Revised Code is presented in	16704
this act as a composite of the section as amended by both Am. Sub.	16705
S.B. 166 and Am. Sub. S.B. 269 of the 121st General Assembly.	16706
Section 109.77 of the Revised Code is presented in this act as a	16707
composite of the section as amended by Sub. H.B. 148, Am. Sub.	16708
H.B. 163, and Am. S.B. 137 of the 123rd General Assembly. Section	16709
1702.80 of the Revised Code is presented in this act as a	16710
composite of the section as amended by both Am. Sub. H.B. 566 and	16711
Sub. H.B. 670 of the 121st General Assembly. Section 1713.50 of	16712
the Revised Code is presented in this act as a composite of the	16713
section as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of	16714
the 121st General Assembly. Section 2301.32 of the Revised Code is	16715
presented in this act as a composite of the section as amended by	16716
both Am. Sub. H.B. 571 and Am. Sub. H.B. 406 of the 120th General	16717
Assembly. Section 2919.25 of the Revised Code is presented in this	16718
act as a composite of the section as amended by both Am. Sub. S.B.	16719
1 and H.B. 238 of the 122nd General Assembly. Section 2929.01 of	16720
the Revised Code is presented in this act as a composite of the	16721
section as amended by Am. Sub. H.B. 349, Am. Sub. S.B. 179, and	16722
Am. Sub. S.B. 222 of the 123rd General Assembly. Section 2929.17	16723
of the Revised Code is presented in this act as a composite of the	16724
section as amended by Am. Sub. H.B. 349, Am. S.B. 9, Am. Sub. S.B.	16725
22, and Am. Sub. S.B. 107 of the 123rd General Assembly. Section	16726
2929.18 of the Revised Code is presented in this act as a	16727
composite of the section as amended by Am. H.B. 528, Am. Sub. S.B.	16728
22, and Am. Sub. S.B. 107 of the 123rd General Assembly. Section	16729
2929.19 of the Revised Code is presented in this act as a	16730
composite of the section as amended by Am. Sub. H.B. 349, Am. Sub.	16731
S.B. 22, and Am. Sub. S.B. 107 of the 123rd General Assembly.	16732
Section 2929.221 of the Revised Code is presented in this act as a	16733
composite of the section as amended by both Am. Sub. S.B. 269 and	16734
Am. Sub. S.B. 166 of the 121st General Assembly. Section 2951.041	16735
of the Revised Code is presented in this act as a composite of the	16736
section as amended by both Sub. H.B. 202 and Am. Sub. S.B. 107 of	16737
the 123rd General Assembly. Section 3345.04 of the Revised Code	16738
is presented in this act as a composite of the section as amended	16739
by both Am. Sub. H.B. 566 and Am. Sub. H.B. 568 of the 121st	16740
General Assembly. Section 5119.14 of the Revised Code is	16741
presented in this act as a composite of the section as amended by	16742
both Am. Sub. H.B. 566 and Sub. H.B. 670 of the 121st General	16743
Assembly. Section 5123.13 of the Revised Code is presented in	16744
this act as a composite of the section as amended by both Am. Sub.	16745
H.B. 566 and Sub. H.B. 670 of the 121st General Assembly. Section	16746
5743.45 of the Revised Code is presented in this act as a	16747
composite of the section as amended by both Am. Sub. H.B. 566 and	16748
Sub. H.B. 670 of the 121st General Assembly. The General Assembly,	16749
applying the principle stated in division (B) of section 1.52 of	16750
the Revised Code that amendments are to be harmonized if	16751
reasonably capable of simultaneous operation, finds that the	16752
composite is the resulting version of the section in effect prior	16753
to the effective date of the section as presented in this act.	16754