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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 |
505.49, 509.01, 511.232, 737.052, 737.162, 737.41, | 4 |
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, 2152.02, 2152.19, | 7 |
2152.20, 2301.03, 2301.27, 2301.28, 2301.30, | 8 |
2301.32, 2301.56, 2305.234, 2901.02, 2903.13, | 9 |
2905.12, 2907.01, 2907.15, 2907.27, 2907.31, | 10 |
2907.35, 2919.22, 2923.14, 2925.11, 2929.01, | 11 |
2929.17, 2929.18, 2929.19, 2929.221, 2929.25, | 12 |
2929.28, 2929.31, 2929.35, 2929.37, 2929.38, | 13 |
2929.41, 2930.06, 2935.33, 2937.07, 2945.17, | 14 |
2947.06, 2947.19, 2947.21, 2949.111, 2950.01, | 15 |
2950.99, 2951.01, 2951.011, 2951.02, 2951.021, | 16 |
2951.041, 2951.05, 2951.06, 2951.07, 2951.08, | 17 |
2951.10, 2953.31, 2953.32, 2953.33, 2961.01, | 18 |
2963.01, 2963.11, 2963.20, 2963.21, 2967.02, | 19 |
2967.22, 2967.26, 2969.11, 2969.12, 2969.13, | 20 |
2969.14, 3313.65, 3321.38, 3345.04, 3719.12, | 21 |
3719.121, 3719.70, 3734.44, 3735.311, 3748.99, | 22 |
3793.13, 3937.43, 3959.13, 4503.13, 4507.091, | 23 |
4510.037, 4510.14, 4511.181, 4511.19, 4511.213, | 24 |
4511.512, 4511.69, 4511.99, 4717.05, 4734.35, | 25 |
4761.13, 4973.171, 5101.28, 5101.45, 5119.14, | 26 |
5120.10, 5120.102, 5120.103, 5120.56, 5122.01, | 27 |
5122.10, 5122.21, 5122.26, 5123.13, 5147.12, | 28 |
5147.30, 5149.03, 5149.18, 5149.31, 5321.01, | 29 |
5502.14, 5743.45, 5907.021, and 6101.75; to amend, | 30 |
for the purpose of adopting new section numbers as | 31 |
indicated in parentheses, sections 2929.221 | 32 |
(2929.34), 2929.24 (2929.42), 2929.25 (2929.32), | 33 |
2929.28 (2929.71), 2929.29 (2929.43), and 2929.35 | 34 |
(2929.36); to enact new sections 2929.21, 2929.22, | 35 |
2929.23, 2929.24, 2929.25, and 2929.28 and sections | 36 |
1905.033, 2929.26, and 2929.27; and to repeal | 37 |
sections 737.30, 737.99, 2929.21, 2929.22, 2929.23, | 38 |
2929.36, 2929.51, 2933.16, and 2951.09 of the | 39 |
Revised Code to implement the recommendations of | 40 |
the Criminal Sentencing Commission pertaining to | 41 |
misdemeanor sentencing generally; to make other | 42 |
changes in the criminal law, including changes in | 43 |
the law regarding matter harmful to juveniles, and | 44 |
in certain provisions regarding the issuance of | 45 |
motor vehicle registrations or driver's licenses; | 46 |
and to amend section 4507.162 of the Revised Code | 47 |
for the period of time that that section is in | 48 |
existence under that number until, on January 1, | 49 |
2004, that section is renumbered by Am. Sub. S.B. | 50 |
123 of the 124th General Assembly as section | 51 |
4510.31 of the Revised Code. | 52 |
Section 1. That sections 1.05, 109.42, 109.511, 109.77, | 53 |
120.06, 120.16, 120.26, 149.43, 306.352, 307.93, 311.04, 321.44, | 54 |
341.14, 341.19, 341.21, 341.23, 505.49, 509.01, 511.232, 737.052, | 55 |
737.162, 737.41, 753.02, 753.04, 753.16, 1501.013, 1503.29, | 56 |
1517.10, 1531.132, 1541.11, 1545.13, 1547.523, 1547.99, 1702.80, | 57 |
1713.50, 2152.02, 2152.19, 2152.20, 2301.03, 2301.27, 2301.28, | 58 |
2301.30, 2301.32, 2301.56, 2305.234, 2901.02, 2903.13, 2905.12, | 59 |
2907.01, 2907.15, 2907.27, 2907.31, 2907.35, 2919.22, 2923.14, | 60 |
2925.11, 2929.01, 2929.17, 2929.18, 2929.19, 2929.221, 2929.25, | 61 |
2929.28, 2929.31, 2929.35, 2929.37, 2929.38, 2929.41, 2930.06, | 62 |
2935.33, 2937.07, 2945.17, 2947.06, 2947.19, 2947.21, 2949.111, | 63 |
2950.01, 2950.99, 2951.01, 2951.011, 2951.02, 2951.021, 2951.041, | 64 |
2951.05, 2951.06, 2951.07, 2951.08, 2951.10, 2953.31, 2953.32, | 65 |
2953.33, 2961.01, 2963.01, 2963.11, 2963.20, 2963.21, 2967.02, | 66 |
2967.22, 2967.26, 2969.11, 2969.12, 2969.13, 2969.14, 3313.65, | 67 |
3321.38, 3345.04, 3719.12, 3719.121, 3719.70, 3734.44, 3735.311, | 68 |
3748.99, 3793.13, 3937.43, 3959.13, 4503.13, 4507.091, 4510.037, | 69 |
4510.14, 4511.181, 4511.19, 4511.213, 4511.512, 4511.69, 4511.99, | 70 |
4717.05, 4734.35, 4761.13, 4973.171, 5101.28, 5101.45, 5119.14, | 71 |
5120.10, 5120.102, 5120.103, 5120.56, 5122.01, 5122.10, 5122.21, | 72 |
5122.26, 5123.13, 5147.12, 5147.30, 5149.03, 5149.18, 5149.31, | 73 |
5321.01, 5502.14, 5743.45, 5907.021, and 6101.75 be amended; | 74 |
sections 2929.221 (2929.34), 2929.24 (2929.42), 2929.25 (2929.32), | 75 |
2929.28 (2929.71), 2929.29 (2929.43), and 2929.35 (2929.36) be | 76 |
amended for the purpose of adopting new section numbers as | 77 |
indicated in parentheses; and new sections 2929.21, 2929.22, | 78 |
2929.23, 2929.24, 2929.25, and 2929.28 and sections 1905.033, | 79 |
2929.26, and 2929.27 of the Revised Code be enacted to read as | 80 |
follows: | 81 |
Sec. 1.05. (A) As used in the Revised Code, unless the | 82 |
context
otherwise requires,
"imprisoned"
or "imprisonment" means | 83 |
| 84 |
85 | |
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88 | |
89 | |
90 | |
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93 | |
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96 | |
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99 | |
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101 | |
102 | |
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109 | |
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120 | |
121 | |
122 | |
123 | |
124 | |
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127 | |
128 | |
129 | |
130 | |
131 | |
sentence imposed for an offense or serving a term of imprisonment, | 132 |
prison term, jail term, term of local incarceration, or other term | 133 |
under a sentence imposed for an offense in an institution under | 134 |
the control of the department of rehabilitation and correction, a | 135 |
county, multicounty, municipal, municipal-county, or | 136 |
multicounty-municipal jail or workhouse, a minimum security jail, | 137 |
a community-based correctional facility, a halfway house, an | 138 |
alternative residential facility, or another facility described or | 139 |
referred to in section 2929.34 of the Revised Code for the type of | 140 |
criminal offense and under the circumstances specified or referred | 141 |
to in that section. | 142 |
| 143 |
"community-based correctional facility," "halfway house," and | 144 |
"alternative residential facility" have the same meanings as in | 145 |
section 2929.01 of the Revised Code. | 146 |
Sec. 109.42. (A) The attorney general shall prepare and | 147 |
have printed a pamphlet that contains a compilation of all | 148 |
statutes relative to victim's rights in which the attorney general | 149 |
lists and explains the statutes in the form of a victim's bill of | 150 |
rights. The attorney general shall distribute the pamphlet to all | 151 |
sheriffs, marshals, municipal corporation and township police | 152 |
departments, constables, and other law enforcement agencies, to | 153 |
all prosecuting attorneys, city directors of law, village | 154 |
solicitors, and other similar chief legal officers of municipal | 155 |
corporations, and to organizations that represent or provide | 156 |
services for victims of crime. The victim's bill of rights set | 157 |
forth in the pamphlet shall contain a description of all of the | 158 |
rights of victims that are provided for in Chapter 2930. or in any | 159 |
other section of the Revised Code and shall include, but not be | 160 |
limited to, all of the following: | 161 |
(1) The right of a victim or a victim's representative to | 162 |
attend a proceeding before a grand jury, in a juvenile case, or in | 163 |
a criminal case pursuant to a subpoena without being discharged | 164 |
from the victim's or representative's employment, having the | 165 |
victim's or representative's employment terminated, having the | 166 |
victim's or representative's pay decreased or withheld, or | 167 |
otherwise being punished, penalized, or threatened as a result of | 168 |
time lost from regular employment because of the victim's or | 169 |
representative's attendance at the proceeding pursuant to the | 170 |
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or | 171 |
2945.451 of the Revised Code; | 172 |
(2) The potential availability pursuant to section 2151.359 | 173 |
or 2152.61 of the Revised Code of a forfeited recognizance to pay | 174 |
damages caused by a child when the delinquency of the child or | 175 |
child's violation of probation or community control is found to be | 176 |
proximately caused by the failure of the child's parent or | 177 |
guardian to subject the child to reasonable parental authority or | 178 |
to faithfully discharge the conditions of probation or community | 179 |
control; | 180 |
(3) The availability of awards of reparations pursuant to | 181 |
sections 2743.51 to 2743.72 of the Revised Code for injuries | 182 |
caused by criminal offenses; | 183 |
(4) The right of the victim in certain criminal or juvenile | 184 |
cases or a victim's representative to receive, pursuant to section | 185 |
2930.06 of the Revised Code, notice of the date, time, and place | 186 |
of the trial or delinquency proceeding in the case or, if there | 187 |
will not be a trial or delinquency proceeding, information from | 188 |
the prosecutor, as defined in section 2930.01 of the Revised Code, | 189 |
regarding the disposition of the case; | 190 |
(5) The right of the victim in certain criminal or juvenile | 191 |
cases or a victim's representative to receive, pursuant to section | 192 |
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the | 193 |
name of the person charged with the violation, the case or docket | 194 |
number assigned to the charge, and a telephone number or numbers | 195 |
that can be called to obtain information about the disposition of | 196 |
the case; | 197 |
(6) The right of the victim in certain criminal or juvenile | 198 |
cases or of the victim's representative pursuant to section | 199 |
2930.13 or 2930.14 of the Revised Code, subject to any reasonable | 200 |
terms set by the court as authorized under section 2930.14 of the | 201 |
Revised Code, to make a statement about the victimization and, if | 202 |
applicable, a statement relative to the sentencing or disposition | 203 |
of the offender; | 204 |
(7) The opportunity to obtain a court order, pursuant to | 205 |
section 2945.04 of the Revised Code, to prevent or stop the | 206 |
commission of the offense of intimidation of a crime victim or | 207 |
witness or an offense against the person or property of the | 208 |
complainant, or of the complainant's ward or child; | 209 |
(8) The right of the victim in certain criminal or juvenile | 210 |
cases or a victim's representative pursuant to sections 2151.38, | 211 |
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to | 212 |
receive notice of a pending motion for judicial release or early | 213 |
release of the person who committed the offense against the | 214 |
victim, to make an oral or written statement at the court hearing | 215 |
on the motion, and to be notified of the court's decision on the | 216 |
motion; | 217 |
(9) The right of the victim in certain criminal or juvenile | 218 |
cases or a victim's representative pursuant to section 2930.16, | 219 |
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice | 220 |
of any pending commutation, pardon, parole, transitional control, | 221 |
discharge, other form of authorized release, post-release control, | 222 |
or supervised release for the person who committed the offense | 223 |
against the victim or any application for release of that person | 224 |
and to send a written statement relative to the victimization and | 225 |
the pending action to the adult parole authority or the release | 226 |
authority of the department of youth services; | 227 |
(10) The right of the victim to bring a civil action | 228 |
pursuant to sections 2969.01 to 2969.06 of the Revised Code to | 229 |
obtain money from the offender's profit fund; | 230 |
(11) The right, pursuant to section 3109.09 of the Revised | 231 |
Code, to maintain a civil action to recover compensatory damages | 232 |
not exceeding ten thousand dollars and costs from the parent of a | 233 |
minor who willfully damages property through the commission of an | 234 |
act that would be a theft offense, as defined in section 2913.01 | 235 |
of the Revised Code, if committed by an adult; | 236 |
(12) The right, pursuant to section 3109.10 of the Revised | 237 |
Code, to maintain a civil action to recover compensatory damages | 238 |
not exceeding ten thousand dollars and costs from the parent of a | 239 |
minor who willfully and maliciously assaults a person; | 240 |
(13) The possibility of receiving restitution from an | 241 |
offender or a delinquent child pursuant to section 2152.20, | 242 |
2929.18, or
| 243 |
(14) The right of the victim in certain criminal or juvenile | 244 |
cases or a victim's representative, pursuant to section 2930.16 of | 245 |
the Revised Code, to receive notice of the escape from confinement | 246 |
or custody of the person who committed the offense, to receive | 247 |
that notice from the custodial agency of the person at the | 248 |
victim's last address or telephone number provided to the | 249 |
custodial agency, and to receive notice that, if either the | 250 |
victim's address or telephone number changes, it is in the | 251 |
victim's interest to provide the new address or telephone number | 252 |
to the custodial agency; | 253 |
(15) The right of a victim of domestic violence to seek the | 254 |
issuance of a temporary protection order pursuant to section | 255 |
2919.26 of the Revised Code, to seek the issuance of a civil | 256 |
protection order pursuant to section 3113.31 of the Revised Code, | 257 |
and to be accompanied by a victim advocate during court | 258 |
proceedings; | 259 |
(16) The right of a victim of a sexually oriented offense | 260 |
that is committed by a person who is adjudicated as being a sexual | 261 |
predator or, in certain cases, by a person who is determined to be | 262 |
a habitual sex offender to receive, pursuant to section 2950.10 of | 263 |
the Revised Code, notice that the person has registered with a | 264 |
sheriff under section 2950.04 or 2950.05 of the Revised Code and | 265 |
notice of the person's name and residence address or addresses, | 266 |
and a summary of the manner in which the victim must make a | 267 |
request to receive the notice. As used in this division, | 268 |
"sexually oriented offense," "adjudicated as being a sexual | 269 |
predator," and "habitual sex offender" have the same meanings as | 270 |
in section 2950.01 of the Revised Code. | 271 |
(17) The right of a victim of certain sexually violent | 272 |
offenses committed by a sexually violent predator who is sentenced | 273 |
to a prison term pursuant to division (A)(3) of section 2971.03 of | 274 |
the Revised Code to receive, pursuant to section 2930.16 of the | 275 |
Revised Code, notice of a hearing to determine whether to modify | 276 |
the requirement that the offender serve the entire prison term in | 277 |
a state correctional facility, whether to continue, revise, or | 278 |
revoke any existing modification of that requirement, or whether | 279 |
to terminate the prison term. As used in this division, "sexually | 280 |
violent offense" and "sexually violent predator" have the same | 281 |
meanings as in section 2971.01 of the Revised Code. | 282 |
(B)(1)(a) Subject to division (B)(1)(c) of this section, a | 283 |
prosecuting attorney, assistant prosecuting attorney, city | 284 |
director of law, assistant city director of law, village | 285 |
solicitor, assistant village solicitor, or similar chief legal | 286 |
officer of a municipal corporation or an assistant of any of those | 287 |
officers who prosecutes an offense committed in this state, upon | 288 |
first contact with the victim of the offense, the victim's family, | 289 |
or the victim's dependents, shall give the victim, the victim's | 290 |
family, or the victim's dependents a copy of the pamphlet prepared | 291 |
pursuant to division (A) of this section and explain, upon | 292 |
request, the information in the pamphlet to the victim, the | 293 |
victim's family, or the victim's dependents. | 294 |
(b) Subject to division (B)(1)(c) of this section, a law | 295 |
enforcement agency that investigates an offense or delinquent act | 296 |
committed in this state shall give the victim of the offense or | 297 |
delinquent act, the victim's family, or the victim's dependents a | 298 |
copy of the pamphlet prepared pursuant to division (A) of this | 299 |
section at one of the following times: | 300 |
(i) Upon first contact with the victim, the victim's family, | 301 |
or the victim's dependents; | 302 |
(ii) If the offense or delinquent act is an offense of | 303 |
violence, if the circumstances of the offense or delinquent act | 304 |
and the condition of the victim, the victim's family, or the | 305 |
victim's dependents indicate that the victim, the victim's family, | 306 |
or the victim's dependents will not be able to understand the | 307 |
significance of the pamphlet upon first contact with the agency, | 308 |
and if the agency anticipates that it will have an additional | 309 |
contact with the victim, the victim's family, or the victim's | 310 |
dependents, upon the agency's second contact with the victim, the | 311 |
victim's family, or the victim's dependents. | 312 |
If the agency does not give the victim, the victim's family, | 313 |
or the victim's dependents a copy of the pamphlet upon first | 314 |
contact with them and does not have a second contact with the | 315 |
victim, the victim's family, or the victim's dependents, the | 316 |
agency shall mail a copy of the pamphlet to the victim, the | 317 |
victim's family, or the victim's dependents at their last known | 318 |
address. | 319 |
(c) In complying on and after December 9, 1994, with the | 320 |
duties imposed by division (B)(1)(a) or (b) of this section, an | 321 |
official or a law enforcement agency shall use copies of the | 322 |
pamphlet that are in the official's or agency's possession on | 323 |
December 9, 1994, until the official or agency has distributed all | 324 |
of those copies. After the official or agency has distributed all | 325 |
of those copies, the official or agency shall use only copies of | 326 |
the pamphlet that contain at least the information described in | 327 |
division (A)(1) to (17) of this section. | 328 |
(2) The failure of a law enforcement agency or of a | 329 |
prosecuting attorney, assistant prosecuting attorney, city | 330 |
director of law, assistant city director of law, village | 331 |
solicitor, assistant village solicitor, or similar chief legal | 332 |
officer of a municipal corporation or an assistant to any of those | 333 |
officers to give, as required by division (B)(1) of this section, | 334 |
the victim of an offense or delinquent act, the victim's family, | 335 |
or the victim's dependents a copy of the pamphlet prepared | 336 |
pursuant to division (A) of this section does not give the victim, | 337 |
the victim's family, the victim's dependents, or a victim's | 338 |
representative any rights under section 122.95, 2743.51 to | 339 |
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10 | 340 |
of the Revised Code or under any other provision of the Revised | 341 |
Code and does not affect any right under those sections. | 342 |
(3) A law enforcement agency, a prosecuting attorney or | 343 |
assistant prosecuting attorney, or a city director of law, | 344 |
assistant city director of law, village solicitor, assistant | 345 |
village solicitor, or similar chief legal officer of a municipal | 346 |
corporation that distributes a copy of the pamphlet prepared | 347 |
pursuant to division (A) of this section shall not be required to | 348 |
distribute a copy of an information card or other printed material | 349 |
provided by the clerk of the court of claims pursuant to section | 350 |
2743.71 of the Revised Code. | 351 |
(C) The cost of printing and distributing the pamphlet | 352 |
prepared pursuant to division (A) of this section shall be paid | 353 |
out of the reparations fund, created pursuant to section 2743.191 | 354 |
of the Revised Code, in accordance with division (D) of that | 355 |
section. | 356 |
(D) As used in this section: | 357 |
(1) "Victim's representative" has the same meaning as in | 358 |
section 2930.01 of the Revised Code; | 359 |
(2) "Victim advocate" has the same meaning as in section | 360 |
2919.26 of the Revised Code. | 361 |
Sec. 109.511. (A) As used in this section, "felony" means | 362 |
any of the following: | 363 |
(1) An offense committed in this state that is a felony | 364 |
under the law of this state; | 365 |
(2) An offense committed in a state other than this state, | 366 |
or under the law of the United States, that, if committed in this | 367 |
state, would be a felony under the law of this state. | 368 |
(B) The superintendent of the bureau of criminal | 369 |
identification and investigation shall not appoint or employ any | 370 |
person as an investigator or a special agent on a permanent basis, | 371 |
on a temporary basis, for a probationary term, or on other than a | 372 |
permanent basis if the person previously has been convicted of or | 373 |
has pleaded guilty to a felony. | 374 |
(C)(1) The superintendent shall terminate the employment of | 375 |
an investigator or a special agent who does either of the | 376 |
following: | 377 |
(a) Pleads guilty to a felony; | 378 |
(b) Pleads guilty to a misdemeanor pursuant to a negotiated | 379 |
plea agreement as provided in division
(D) of section
| 380 |
2929.43 of the Revised Code in which the investigator or special | 381 |
agent agrees to surrender the certificate awarded to the | 382 |
investigator or special agent under section 109.77 of the Revised | 383 |
Code. | 384 |
(2) The superintendent shall suspend from employment an | 385 |
investigator or a special agent who is convicted, after trial, of | 386 |
a felony. If the investigator or special agent files an appeal | 387 |
from that conviction and the conviction is upheld by the highest | 388 |
court to which the appeal is taken or if the investigator or | 389 |
special agent does not file a timely appeal, the superintendent | 390 |
shall terminate the employment of that investigator or special | 391 |
agent. If the investigator or special agent files an appeal that | 392 |
results in that investigator's or special agent's acquittal of the | 393 |
felony or conviction of a misdemeanor, or in the dismissal of the | 394 |
felony charge against the investigator or special agent, the | 395 |
superintendent shall reinstate that investigator or special agent. | 396 |
An investigator or a special agent who is reinstated under this | 397 |
division shall not receive any back pay unless that investigator's | 398 |
or special agent's conviction of the felony was reversed on | 399 |
appeal, or the felony charge was dismissed, because the court | 400 |
found insufficient evidence to convict the investigator or special | 401 |
agent of the felony. | 402 |
(D) This section does not apply regarding an offense that | 403 |
was committed prior to January 1, 1997. | 404 |
(E) The suspension from employment or the termination of the | 405 |
employment of an investigator or a special agent under division | 406 |
(C) of this section shall be in accordance with Chapter 119. of | 407 |
the Revised Code. | 408 |
Sec. 109.77. (A) As used in this section, "felony" has the | 409 |
same meaning as in section 109.511 of the Revised Code. | 410 |
(B)(1) Notwithstanding any general, special, or local law or | 411 |
charter to the contrary, and except as otherwise provided in this | 412 |
section, no person shall receive an original appointment on a | 413 |
permanent basis as any of the following unless the person | 414 |
previously has been awarded a certificate by the executive | 415 |
director of the Ohio peace officer training commission attesting | 416 |
to the person's satisfactory completion of an approved state, | 417 |
county, municipal, or department of natural resources peace | 418 |
officer basic training program: | 419 |
(a) A peace officer of any county, township, municipal | 420 |
corporation, regional transit authority, or metropolitan housing | 421 |
authority; | 422 |
(b) A natural resources law enforcement staff officer, park | 423 |
officer, forest officer, preserve officer, wildlife officer, or | 424 |
state watercraft officer of the department of natural resources; | 425 |
(c) An employee of a park district under section 511.232 or | 426 |
1545.13 of the Revised Code; | 427 |
(d) An employee of a conservancy district who is designated | 428 |
pursuant to section 6101.75 of the Revised Code; | 429 |
(e) A state university law enforcement officer; | 430 |
(f) A special police officer employed by the department of | 431 |
mental health pursuant to section 5119.14 of the Revised Code or | 432 |
the department of mental retardation and developmental | 433 |
disabilities pursuant to section 5123.13 of the Revised Code; | 434 |
(g) An enforcement agent of the department of public safety | 435 |
whom the director of public safety designates under section | 436 |
5502.14 of the Revised Code; | 437 |
(h) A special police officer employed by a port authority | 438 |
under section 4582.04 or 4582.28 of the Revised Code. | 439 |
(2) Every person who is appointed on a temporary basis or | 440 |
for a probationary term or on other than a permanent basis as any | 441 |
of the following shall forfeit the appointed position unless the | 442 |
person previously has completed satisfactorily or, within the time | 443 |
prescribed by rules adopted by the attorney general pursuant to | 444 |
section 109.74 of the Revised Code, satisfactorily completes a | 445 |
state, county, municipal, or department of natural resources peace | 446 |
officer basic training program for temporary or probationary | 447 |
officers and is awarded a certificate by the director attesting to | 448 |
the satisfactory completion of the program: | 449 |
(a) A peace officer of any county, township, municipal | 450 |
corporation, regional transit authority, or metropolitan housing | 451 |
authority; | 452 |
(b) A natural resources law enforcement staff officer, park | 453 |
officer, forest officer, preserve officer, wildlife officer, or | 454 |
state watercraft officer of the department of natural resources; | 455 |
(c) An employee of a park district under section 511.232 or | 456 |
1545.13 of the Revised Code; | 457 |
(d) An employee of a conservancy district who is designated | 458 |
pursuant to section 6101.75 of the Revised Code; | 459 |
(e) A special police officer employed by the department of | 460 |
mental health pursuant to section 5119.14 of the Revised Code or | 461 |
the department of mental retardation and developmental | 462 |
disabilities pursuant to section 5123.13 of the Revised Code; | 463 |
(f) An enforcement agent of the department of public safety | 464 |
whom the director of public safety designates under section | 465 |
5502.14 of the Revised Code; | 466 |
(g) A special police officer employed by a port authority | 467 |
under section 4582.04 or 4582.28 of the Revised Code. | 468 |
(3) For purposes of division (B) of this section, a state, | 469 |
county, municipal, or department of natural resources peace | 470 |
officer basic training program, regardless of whether the program | 471 |
is to be completed by peace officers appointed on a permanent or | 472 |
temporary, probationary, or other nonpermanent basis, shall | 473 |
include at least fifteen hours of training in the handling of the | 474 |
offense of domestic violence, other types of domestic | 475 |
violence-related offenses and incidents, and protection orders and | 476 |
consent agreements issued or approved under section 2919.26 or | 477 |
3113.31 of the Revised Code and at least six hours of crisis | 478 |
intervention training. The requirement to complete fifteen hours | 479 |
of training in the handling of the offense of domestic violence, | 480 |
other types of domestic violence-related offenses and incidents, | 481 |
and protection orders and consent agreements issued or approved | 482 |
under section 2919.26 or 3113.31 of the Revised Code does not | 483 |
apply to any person serving as a peace officer on March 27, 1979, | 484 |
and the requirement to complete six hours of training in crisis | 485 |
intervention does not apply to any person serving as a peace | 486 |
officer on April 4, 1985. Any person who is serving as a peace | 487 |
officer on April 4, 1985, who terminates that employment after | 488 |
that date, and who subsequently is hired as a peace officer by the | 489 |
same or another law enforcement agency shall complete the six | 490 |
hours of training in crisis intervention within the time | 491 |
prescribed by rules adopted by the attorney general pursuant to | 492 |
section 109.742 of the Revised Code. No peace officer shall have | 493 |
employment as a peace officer terminated and then be reinstated | 494 |
with intent to circumvent this section. | 495 |
(4) Division (B) of this section does not apply to any | 496 |
person serving on a permanent basis on March 28, 1985, as a park | 497 |
officer, forest officer, preserve officer, wildlife officer, or | 498 |
state watercraft officer of the department of natural resources or | 499 |
as an employee of a park district under section 511.232 or 1545.13 | 500 |
of the Revised Code, to any person serving on a permanent basis on | 501 |
March 6, 1986, as an employee of a conservancy district designated | 502 |
pursuant to section 6101.75 of the Revised Code, to any person | 503 |
serving on a permanent basis on January 10, 1991, as a preserve | 504 |
officer of the department of natural resources, to any person | 505 |
employed on a permanent basis on July 2, 1992, as a special police | 506 |
officer by the department of mental health pursuant to section | 507 |
5119.14 of the Revised Code or by the department of mental | 508 |
retardation and developmental disabilities pursuant to section | 509 |
5123.13 of the Revised Code, to any person serving on a permanent | 510 |
basis on
| 511 |
special police officer employed by a port authority under section | 512 |
4582.04 or 4582.28 of the Revised Code, to any person serving on a | 513 |
permanent basis on June 19, 1978, as a state university law | 514 |
enforcement officer pursuant to section 3345.04 of the Revised | 515 |
Code and who, immediately prior to June 19, 1978, was serving as a | 516 |
special police officer designated under authority of that section, | 517 |
or to any person serving on a permanent basis on September 20, | 518 |
1984, as a liquor control investigator, known after June 30, 1999, | 519 |
as an enforcement agent of the department of public safety, | 520 |
engaged in the enforcement of Chapters 4301. and 4303. of the | 521 |
Revised Code. | 522 |
(5) Division (B) of this section does not apply to any | 523 |
person who is appointed as a regional transit authority police | 524 |
officer pursuant to division (Y) of section 306.35 of the Revised | 525 |
Code if, on or before July 1, 1996, the person has completed | 526 |
satisfactorily an approved state, county, municipal, or department | 527 |
of natural resources peace officer basic training program and has | 528 |
been awarded a certificate by the executive director of the Ohio | 529 |
peace officer training commission attesting to the person's | 530 |
satisfactory completion of such an approved program and if, on | 531 |
July 1, 1996, the person is performing peace officer functions for | 532 |
a regional transit authority. | 533 |
(C) No person, after September 20, 1984, shall receive an | 534 |
original appointment on a permanent basis as an Ohio veterans' | 535 |
home police officer designated under section 5907.02 of the | 536 |
Revised Code unless the person previously has been awarded a | 537 |
certificate by the executive director of the Ohio peace officer | 538 |
training commission attesting to the person's satisfactory | 539 |
completion of an approved police officer basic training program. | 540 |
Every person who is appointed on a temporary basis or for a | 541 |
probationary term or on other than a permanent basis as an Ohio | 542 |
veterans' home police officer designated under section 5907.02 of | 543 |
the Revised Code shall forfeit that position unless the person | 544 |
previously has completed satisfactorily or, within one year from | 545 |
the time of appointment, satisfactorily completes an approved | 546 |
police officer basic training program. | 547 |
(D) No bailiff or deputy bailiff of a court of record of | 548 |
this state and no criminal investigator who is employed by the | 549 |
state public defender shall carry a firearm, as defined in section | 550 |
2923.11 of the Revised Code, while on duty unless the bailiff, | 551 |
deputy bailiff, or criminal investigator has done or received one | 552 |
of the following: | 553 |
(1) Has been awarded a certificate by the executive director | 554 |
of the Ohio peace officer training commission, which certificate | 555 |
attests to satisfactory completion of an approved state, county, | 556 |
or municipal basic training program for bailiffs and deputy | 557 |
bailiffs of courts of record and for criminal investigators | 558 |
employed by the state public defender that has been recommended by | 559 |
the Ohio peace officer training commission; | 560 |
(2) Has successfully completed a firearms training program | 561 |
approved by the Ohio peace officer training commission prior to | 562 |
employment as a bailiff, deputy bailiff, or criminal investigator; | 563 |
(3) Prior to June 6, 1986, was authorized to carry a firearm | 564 |
by the court that employed the bailiff or deputy bailiff or, in | 565 |
the case of a criminal investigator, by the state public defender | 566 |
and has received training in the use of firearms that the Ohio | 567 |
peace officer training commission determines is equivalent to the | 568 |
training that otherwise is required by division (D) of this | 569 |
section. | 570 |
(E)(1) Prior to awarding any certificate prescribed in this | 571 |
section, the executive director of the Ohio peace officer training | 572 |
commission shall request the person to whom the certificate is to | 573 |
be awarded to disclose, and the person shall disclose, any | 574 |
previous criminal conviction of or plea of guilty of that person | 575 |
to a felony. | 576 |
(2) Prior to the award by the executive director of the | 577 |
commission of any certificate prescribed in this section, the | 578 |
prospective employer of the person to whom the certificate is to | 579 |
be awarded or the commander of the peace officer training school | 580 |
attended by that person shall request the bureau of criminal | 581 |
identification and investigation to conduct a criminal history | 582 |
records check on the person. Upon receipt of the request, the | 583 |
bureau promptly shall conduct a criminal history records check on | 584 |
the person and, upon completion of the check, promptly shall | 585 |
provide a copy of the criminal history records check to the | 586 |
prospective employer or peace officer training school commander | 587 |
that made the request. Upon receipt of the copy of the criminal | 588 |
history records check from the bureau, the prospective employer or | 589 |
peace officer training school commander that made the request | 590 |
shall submit the copy to the executive director of the Ohio peace | 591 |
officer training commission. The executive director shall not | 592 |
award any certificate prescribed in this section unless the | 593 |
executive director has received a copy of the criminal history | 594 |
records check on the person to whom the certificate is to be | 595 |
awarded. | 596 |
(3) The executive director of the commission shall not award | 597 |
a certificate prescribed in this section to a person who has been | 598 |
convicted of or has pleaded guilty to a felony or who fails to | 599 |
disclose any previous criminal conviction of or plea of guilty to | 600 |
a felony as required under division (E)(1) of this section. | 601 |
(4) The executive director of the commission shall revoke | 602 |
the certificate awarded to a person as prescribed in this section, | 603 |
and that person shall forfeit all of the benefits derived from | 604 |
being certified as a peace officer under this section, if the | 605 |
person, prior to the award of the certificate, failed to disclose | 606 |
any previous criminal conviction of or plea of guilty to a felony | 607 |
as required under division (E)(1) of this section. | 608 |
(F)(1) Regardless of whether the person has been awarded the | 609 |
certificate or has been classified as a peace officer prior to, | 610 |
on, or after October 16, 1996, the executive director of the Ohio | 611 |
peace officer training commission shall revoke any certificate | 612 |
that has been awarded to a person as prescribed in this section if | 613 |
the person does either of the following: | 614 |
(a) Pleads guilty to a felony committed on or after January | 615 |
1, 1997. | 616 |
(b) Pleads guilty to a misdemeanor committed on or after | 617 |
January 1, 1997, pursuant to a negotiated plea agreement as | 618 |
provided in
division (D) of section
| 619 |
Code in which the person agrees to surrender the certificate | 620 |
awarded to the person under this section. | 621 |
(2) The executive director of the commission shall suspend | 622 |
any certificate that has been awarded to a person as prescribed in | 623 |
this section if the person is convicted, after trial, of a felony | 624 |
committed on or after January 1, 1997. The executive director | 625 |
shall suspend the certificate pursuant to division (F)(2) of this | 626 |
section pending the outcome of an appeal by the person from that | 627 |
conviction to the highest court to which the appeal is taken or | 628 |
until the expiration of the period in which an appeal is required | 629 |
to be filed. If the person files an appeal that results in that | 630 |
person's acquittal of the felony or conviction of a misdemeanor, | 631 |
or in the dismissal of the felony charge against that person, the | 632 |
executive director shall reinstate the certificate awarded to the | 633 |
person under this section. If the person files an appeal from | 634 |
that person's conviction of the felony and the conviction is | 635 |
upheld by the highest court to which the appeal is taken or if the | 636 |
person does not file a timely appeal, the executive director shall | 637 |
revoke the certificate awarded to the person under this section. | 638 |
(G)(1) If a person is awarded a certificate under this | 639 |
section and the certificate is revoked pursuant to division (E)(4) | 640 |
or (F) of this section, the person shall not be eligible to | 641 |
receive, at any time, a certificate attesting to the person's | 642 |
satisfactory completion of a peace officer basic training program. | 643 |
(2) The revocation or suspension of a certificate under | 644 |
division (E)(4) or (F) of this section shall be in accordance with | 645 |
Chapter 119. of the Revised Code. | 646 |
(H)(1) A person who was employed as a peace officer of a | 647 |
county, township, or municipal corporation of the state on January | 648 |
1, 1966, and who has completed at least sixteen years of full-time | 649 |
active service as such a peace officer may receive an original | 650 |
appointment on a permanent basis and serve as a peace officer of a | 651 |
county, township, or municipal corporation, or as a state | 652 |
university law enforcement officer, without complying with the | 653 |
requirements of division (B) of this section. | 654 |
(2) Any person who held an appointment as a state highway | 655 |
trooper on January 1, 1966, may receive an original appointment on | 656 |
a permanent basis and serve as a peace officer of a county, | 657 |
township, or municipal corporation, or as a state university law | 658 |
enforcement officer, without complying with the requirements of | 659 |
division (B) of this section. | 660 |
(I) No person who is appointed as a peace officer of a | 661 |
county, township, or municipal corporation on or after April 9, | 662 |
1985, shall serve as a peace officer of that county, township, or | 663 |
municipal corporation unless the person has received training in | 664 |
the handling of missing children and child abuse and neglect cases | 665 |
from an approved state, county, township, or municipal police | 666 |
officer basic training program or receives the training within the | 667 |
time prescribed by rules adopted by the attorney general pursuant | 668 |
to section 109.741 of the Revised Code. | 669 |
(J) No part of any approved state, county, or municipal | 670 |
basic training program for bailiffs and deputy bailiffs of courts | 671 |
of record and no part of any approved state, county, or municipal | 672 |
basic training program for criminal investigators employed by the | 673 |
state public defender shall be used as credit toward the | 674 |
completion by a peace officer of any part of the approved state, | 675 |
county, or municipal peace officer basic training program that the | 676 |
peace officer is required by this section to complete | 677 |
satisfactorily. | 678 |
(K) This section does not apply to any member of the police | 679 |
department of a municipal corporation in an adjoining state | 680 |
serving in this state under a contract pursuant to section 737.04 | 681 |
of the Revised Code. | 682 |
Sec. 120.06. (A)(1) The state public defender, when | 683 |
designated by the court or requested by a county public defender | 684 |
or joint county public defender, may provide legal representation | 685 |
in all courts throughout the state to indigent adults and | 686 |
juveniles who are charged with the commission of an offense or act | 687 |
for which the penalty or any possible adjudication includes the | 688 |
potential loss of liberty. | 689 |
(2) The state public defender may provide legal | 690 |
representation to any indigent person who, while incarcerated in | 691 |
any state correctional institution, is charged with a felony | 692 |
offense, for which the penalty or any possible adjudication that | 693 |
may be imposed by a court upon conviction includes the potential | 694 |
loss of liberty. | 695 |
(3) The state public defender may provide legal | 696 |
representation to any person incarcerated in any correctional | 697 |
institution of the state, in any matter in which the person | 698 |
asserts the person is unlawfully imprisoned or detained. | 699 |
(4) The state public defender, in any case in which the | 700 |
state public defender has provided legal representation or is | 701 |
requested to do so by a county public defender or joint county | 702 |
public defender, may provide legal representation on appeal. | 703 |
(5) The state public defender, when designated by the court | 704 |
or requested by a county public defender, joint county public | 705 |
defender, or the director of rehabilitation and correction, shall | 706 |
provide legal representation in parole and probation revocation | 707 |
matters or matters relating to the revocation of community control | 708 |
or post-release control under a community control sanction or | 709 |
post-release control sanction, unless the state public defender | 710 |
finds that the alleged parole or probation violator or alleged | 711 |
violator of a community control sanction or post-release control | 712 |
sanction has the financial capacity to retain the alleged | 713 |
violator's own counsel. | 714 |
(6) If the state public defender contracts with a county | 715 |
public defender commission, a joint county public defender | 716 |
commission, or a board of county commissioners for the provision | 717 |
of services, under authority of division (C)(7) of section 120.04 | 718 |
of the Revised Code, the state public defender shall provide legal | 719 |
representation in accordance with the contract. | 720 |
(B) The state public defender shall not be required to | 721 |
prosecute any appeal, postconviction remedy, or other proceeding | 722 |
pursuant to division (A)(3), (4), or (5) of this section, unless | 723 |
the state public defender first is satisfied that there is | 724 |
arguable merit to the proceeding. | 725 |
(C) A court may appoint counsel or allow an indigent person | 726 |
to select the indigent's own personal counsel to assist the state | 727 |
public defender as co-counsel when the interests of justice so | 728 |
require. When co-counsel is appointed to assist the state public | 729 |
defender, the co-counsel shall receive any compensation that the | 730 |
court may approve, not to exceed the amounts provided for in | 731 |
section 2941.51 of the Revised Code. | 732 |
(D) When the state public defender is designated by the | 733 |
court or requested by a county public defender or joint county | 734 |
public defender to provide legal representation for an indigent | 735 |
person in any case, other than pursuant to a contract entered into | 736 |
under authority of division (C)(7) of section 120.04 of the | 737 |
Revised Code, the state public defender shall send to the county | 738 |
in which the case is filed an itemized bill for fifty per cent of | 739 |
the actual cost of the representation. The county, upon receipt | 740 |
of an itemized bill from the state public defender pursuant to | 741 |
this division, shall pay fifty per cent of the actual cost of the | 742 |
legal representation as set forth in the itemized bill. There is | 743 |
hereby created in the state treasury the county representation | 744 |
fund for the deposit of moneys received from counties under this | 745 |
division. All moneys credited to the fund shall be used by the | 746 |
state public defender to provide legal representation for indigent | 747 |
persons when designated by the court or requested by a county or | 748 |
joint county public defender. | 749 |
(E)(1) Notwithstanding any contrary provision of sections | 750 |
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code | 751 |
that pertains to representation by the attorney general, an | 752 |
assistant attorney general, or special counsel of an officer or | 753 |
employee, as defined in section 109.36 of the Revised Code, or of | 754 |
an entity of state government, the state public defender may elect | 755 |
to contract with, and to have the state pay pursuant to division | 756 |
(E)(2) of this section for the services of, private legal counsel | 757 |
to represent the Ohio public defender commission, the state public | 758 |
defender, assistant state public defenders, other employees of the | 759 |
commission or the state public defender, and attorneys described | 760 |
in division (C) of section 120.41 of the Revised Code in a | 761 |
malpractice or other civil action or proceeding that arises from | 762 |
alleged actions or omissions related to responsibilities derived | 763 |
pursuant to this chapter, or in a civil action that is based upon | 764 |
alleged violations of the constitution or statutes of the United | 765 |
States, including section 1983 of Title 42 of the United States | 766 |
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that | 767 |
arises from alleged actions or omissions related to | 768 |
responsibilities derived pursuant to this chapter, if the state | 769 |
public defender determines, in good faith, that the defendant in | 770 |
the civil action or proceeding did not act manifestly outside the | 771 |
scope of the defendant's employment or official responsibilities, | 772 |
with malicious purpose, in bad faith, or in a wanton or reckless | 773 |
manner. If the state public defender elects not to contract | 774 |
pursuant to this division for private legal counsel in a civil | 775 |
action or proceeding, then, in accordance with sections 109.02, | 776 |
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the | 777 |
attorney general shall represent or provide for the representation | 778 |
of the Ohio public defender commission, the state public defender, | 779 |
assistant state public defenders, other employees of the | 780 |
commission or the state public defender, or attorneys described in | 781 |
division (C) of section 120.41 of the Revised Code in the civil | 782 |
action or proceeding. | 783 |
(2)(a) Subject to division (E)(2)(b) of this section, | 784 |
payment from the state treasury for the services of private legal | 785 |
counsel with whom the state public defender has contracted | 786 |
pursuant to division (E)(1) of this section shall be accomplished | 787 |
only through the following procedure: | 788 |
(i) The private legal counsel shall file with the attorney | 789 |
general a copy of the contract; a request for an award of legal | 790 |
fees, court costs, and expenses earned or incurred in connection | 791 |
with the defense of the Ohio public defender commission, the state | 792 |
public defender, an assistant state public defender, an employee, | 793 |
or an attorney in a specified civil action or proceeding; a | 794 |
written itemization of those fees, costs, and expenses, including | 795 |
the signature of the state public defender and the state public | 796 |
defender's attestation that the fees, costs, and expenses were | 797 |
earned or incurred pursuant to division (E)(1) of this section to | 798 |
the best of the state public defender's knowledge and information; | 799 |
a written statement whether the fees, costs, and expenses are for | 800 |
all legal services to be rendered in connection with that defense, | 801 |
are only for legal services rendered to the date of the request | 802 |
and additional legal services likely will have to be provided in | 803 |
connection with that defense, or are for the final legal services | 804 |
rendered in connection with that defense; a written statement | 805 |
indicating whether the private legal counsel previously submitted | 806 |
a request for an award under division (E)(2) of this section in | 807 |
connection with that defense and, if so, the date and the amount | 808 |
of each award granted; and, if the fees, costs, and expenses are | 809 |
for all legal services to be rendered in connection with that | 810 |
defense or are for the final legal services rendered in connection | 811 |
with that defense, a certified copy of any judgment entry in the | 812 |
civil action or proceeding or a signed copy of any settlement | 813 |
agreement entered into between the parties to the civil action or | 814 |
proceeding. | 815 |
(ii) Upon receipt of a request for an award of legal fees, | 816 |
court costs, and expenses and the requisite supportive | 817 |
documentation described in division (E)(2)(a)(i) of this section, | 818 |
the attorney general shall review the request and documentation; | 819 |
determine whether any of the limitations specified in division | 820 |
(E)(2)(b) of this section apply to the request; and, if an award | 821 |
of legal fees, court costs, or expenses is permissible after | 822 |
applying the limitations, prepare a document awarding legal fees, | 823 |
court costs, or expenses to the private legal counsel. The | 824 |
document shall name the private legal counsel as the recipient of | 825 |
the award; specify the total amount of the award as determined by | 826 |
the attorney general; itemize the portions of the award that | 827 |
represent legal fees, court costs, and expenses; specify any | 828 |
limitation applied pursuant to division (E)(2)(b) of this section | 829 |
to reduce the amount of the award sought by the private legal | 830 |
counsel; state that the award is payable from the state treasury | 831 |
pursuant to division (E)(2)(a)(iii) of this section; and be | 832 |
approved by the inclusion of the signatures of the attorney | 833 |
general, the state public defender, and the private legal counsel. | 834 |
(iii) The attorney general shall forward a copy of the | 835 |
document prepared pursuant to division (E)(2)(a)(ii) of this | 836 |
section to the director of budget and management. The award of | 837 |
legal fees, court costs, or expenses shall be paid out of the | 838 |
state public defender's appropriations, to the extent there is a | 839 |
sufficient available balance in those appropriations. If the | 840 |
state public defender does not have a sufficient available balance | 841 |
in the state public defender's appropriations to pay the entire | 842 |
award of legal fees, court costs, or expenses, the director shall | 843 |
make application for a transfer of appropriations out of the | 844 |
emergency purposes account or any other appropriation for | 845 |
emergencies or contingencies in an amount equal to the portion of | 846 |
the award that exceeds the sufficient available balance in the | 847 |
state public defender's appropriations. A transfer of | 848 |
appropriations out of the emergency purposes account or any other | 849 |
appropriation for emergencies or contingencies shall be authorized | 850 |
if there are sufficient moneys greater than the sum total of then | 851 |
pending emergency purposes account requests, or requests for | 852 |
releases from the other appropriation. If a transfer of | 853 |
appropriations out of the emergency purposes account or other | 854 |
appropriation for emergencies or contingencies is made to pay an | 855 |
amount equal to the portion of the award that exceeds the | 856 |
sufficient available balance in the state public defender's | 857 |
appropriations, the director shall cause the payment to be made to | 858 |
the private legal counsel. If sufficient moneys do not exist in | 859 |
the emergency purposes account or other appropriation for | 860 |
emergencies or contingencies to pay an amount equal to the portion | 861 |
of the award that exceeds the sufficient available balance in the | 862 |
state public defender's appropriations, the private legal counsel | 863 |
shall request the general assembly to make an appropriation | 864 |
sufficient to pay an amount equal to the portion of the award that | 865 |
exceeds the sufficient available balance in the state public | 866 |
defender's appropriations, and no payment in that amount shall be | 867 |
made until the appropriation has been made. The private legal | 868 |
counsel shall make the request during the current biennium and | 869 |
during each succeeding biennium until a sufficient appropriation | 870 |
is made. | 871 |
(b) An award of legal fees, court costs, and expenses | 872 |
pursuant to division (E) of this section is subject to the | 873 |
following limitations: | 874 |
(i) The maximum award or maximum aggregate of a series of | 875 |
awards of legal fees, court costs, and expenses to the private | 876 |
legal counsel in connection with the defense of the Ohio public | 877 |
defender commission, the state public defender, an assistant state | 878 |
public defender, an employee, or an attorney in a specified civil | 879 |
action or proceeding shall not exceed fifty thousand dollars. | 880 |
(ii) The private legal counsel shall not be awarded legal | 881 |
fees, court costs, or expenses to the extent the fees, costs, or | 882 |
expenses are covered by a policy of malpractice or other | 883 |
insurance. | 884 |
(iii) The private legal counsel shall be awarded legal fees | 885 |
and expenses only to the extent that the fees and expenses are | 886 |
reasonable in light of the legal services rendered by the private | 887 |
legal counsel in connection with the defense of the Ohio public | 888 |
defender commission, the state public defender, an assistant state | 889 |
public defender, an employee, or an attorney in a specified civil | 890 |
action or proceeding. | 891 |
(c) If, pursuant to division (E)(2)(a) of this section, the | 892 |
attorney general denies a request for an award of legal fees, | 893 |
court costs, or expenses to private legal counsel because of the | 894 |
application of a limitation specified in division (E)(2)(b) of | 895 |
this section, the attorney general shall notify the private legal | 896 |
counsel in writing of the denial and of the limitation applied. | 897 |
(d) If, pursuant to division (E)(2)(c) of this section, a | 898 |
private legal counsel receives a denial of an award notification | 899 |
or if a private legal counsel refuses to approve a document under | 900 |
division (E)(2)(a)(ii) of this section because of the proposed | 901 |
application of a limitation specified in division (E)(2)(b) of | 902 |
this section, the private legal counsel may commence a civil | 903 |
action against the attorney general in the court of claims to | 904 |
prove the private legal counsel's entitlement to the award sought, | 905 |
to prove that division (E)(2)(b) of this section does not prohibit | 906 |
or otherwise limit the award sought, and to recover a judgment for | 907 |
the amount of the award sought. A civil action under division | 908 |
(E)(2)(d) of this section shall be commenced no later than two | 909 |
years after receipt of a denial of award notification or, if the | 910 |
private legal counsel refused to approve a document under division | 911 |
(E)(2)(a)(ii) of this section because of the proposed application | 912 |
of a limitation specified in division (E)(2)(b) of this section, | 913 |
no later than two years after the refusal. Any judgment of the | 914 |
court of claims in favor of the private legal counsel shall be | 915 |
paid from the state treasury in accordance with division (E)(2)(a) | 916 |
of this section. | 917 |
(F) If a court appoints the office of the state public | 918 |
defender to represent a petitioner in a postconviction relief | 919 |
proceeding under section 2953.21 of the Revised Code, the | 920 |
petitioner has received a sentence of death, and the proceeding | 921 |
relates to that sentence, all of the attorneys who represent the | 922 |
petitioner in the proceeding pursuant to the appointment, whether | 923 |
an assistant state public defender, the state public defender, or | 924 |
another attorney, shall be certified under Rule 20 of the Rules | 925 |
of Superintendence for the Courts of Ohio to represent indigent | 926 |
defendants charged with or convicted of an offense for which the | 927 |
death penalty can be or has been imposed. | 928 |
(G) As used in this section: | 929 |
(1) "Community control sanction" has the same meaning as in | 930 |
section 2929.01 of the Revised Code. | 931 |
(2) "Post-release control sanction" has the same meaning as | 932 |
in section 2967.01 of the Revised Code. | 933 |
Sec. 120.16. (A)(1) The county public defender shall | 934 |
provide legal representation to indigent adults and juveniles who | 935 |
are charged with the commission of an offense or act that is a | 936 |
violation of a state statute and for which the penalty or any | 937 |
possible adjudication includes the potential loss of liberty and | 938 |
in postconviction proceedings as defined in this section. | 939 |
(2) The county public defender may provide legal | 940 |
representation to indigent adults and juveniles charged with the | 941 |
violation of an ordinance of a municipal corporation for which the | 942 |
penalty or any possible adjudication includes the potential loss | 943 |
of liberty, if the county public defender commission has | 944 |
contracted with the municipal corporation to provide legal | 945 |
representation for indigent persons charged with a violation of an | 946 |
ordinance of the municipal corporation. | 947 |
(B) The county public defender shall provide the legal | 948 |
representation authorized by division (A) of this section at every | 949 |
stage of the proceedings following arrest, detention, service of | 950 |
summons, or indictment. | 951 |
(C) The county public defender may request the state public | 952 |
defender to prosecute any appeal or other remedy before or after | 953 |
conviction that the county public defender decides is in the | 954 |
interests of justice, and may provide legal representation in | 955 |
parole and probation revocation matters and matters relating to | 956 |
the revocation of community control or post-release control under | 957 |
a community control sanction or post-release control sanction. | 958 |
(D) The county public defender shall not be required to | 959 |
prosecute any appeal, postconviction remedy, or other proceeding, | 960 |
unless the county public defender is first satisfied there is | 961 |
arguable merit to the proceeding. | 962 |
(E) Nothing in this section shall prevent a court from | 963 |
appointing counsel other than the county public defender or from | 964 |
allowing an indigent person to select the indigent person's own | 965 |
personal counsel to represent the indigent person. A court may | 966 |
also appoint counsel or allow an indigent person to select the | 967 |
indigent person's own personal counsel to assist the county public | 968 |
defender as co-counsel when the interests of justice so require. | 969 |
(F) Information as to the right to legal representation by | 970 |
the county public defender or assigned counsel shall be afforded | 971 |
to an accused person immediately upon arrest, when brought before | 972 |
a magistrate, or when formally charged, whichever occurs first. | 973 |
(G) If a court appoints the office of the county public | 974 |
defender to represent a petitioner in a postconviction relief | 975 |
proceeding under section 2953.21 of the Revised Code, the | 976 |
petitioner has received a sentence of death, and the proceeding | 977 |
relates to that sentence, all of the attorneys who represent the | 978 |
petitioner in the proceeding pursuant to the appointment, whether | 979 |
an assistant county public defender or the county public defender, | 980 |
shall be certified under Rule 20 of the Rules of Superintendence | 981 |
for the Courts of Ohio to represent indigent defendants charged | 982 |
with or convicted of an offense for which the death penalty can be | 983 |
or has been imposed. | 984 |
(H) As used in this section: | 985 |
(1) "Community control sanction" has the same meaning as in | 986 |
section 2929.01 of the Revised Code. | 987 |
(2) "Post-release control sanction" has the same meaning as | 988 |
in section 2967.01 of the Revised Code. | 989 |
Sec. 120.26. (A)(1) The joint county public defender shall | 990 |
provide legal representation to indigent adults and juveniles who | 991 |
are charged with the commission of an offense or act that is a | 992 |
violation of a state statute and for which the penalty or any | 993 |
possible adjudication includes the potential loss of liberty and | 994 |
in postconviction proceedings as defined in this section. | 995 |
(2) The joint county public defender may provide legal | 996 |
representation to indigent adults and juveniles charged with the | 997 |
violation of an ordinance of a municipal corporation for which the | 998 |
penalty or any possible adjudication includes the potential loss | 999 |
of liberty, if the joint county public defender commission has | 1000 |
contracted with the municipal corporation to provide legal | 1001 |
representation for indigent persons charged with a violation of an | 1002 |
ordinance of the municipal corporation. | 1003 |
(B) The joint county public defender shall provide the legal | 1004 |
representation authorized by division (A) of this section at every | 1005 |
stage of the proceedings following arrest, detention, service of | 1006 |
summons, or indictment. | 1007 |
(C) The joint county public defender may request the Ohio | 1008 |
public defender to prosecute any appeal or other remedy before or | 1009 |
after conviction that the joint county public defender decides is | 1010 |
in the interests of justice and may provide legal representation | 1011 |
in parole and probation revocation matters and matters relating to | 1012 |
the revocation of community control or post-release control under | 1013 |
a community control sanction or post-release control sanction. | 1014 |
(D) The joint county public defender shall not be required | 1015 |
to prosecute any appeal, postconviction remedy, or other | 1016 |
proceeding, unless the joint county public defender is first | 1017 |
satisfied that there is arguable merit to the proceeding. | 1018 |
(E) Nothing in this section shall prevent a court from | 1019 |
appointing counsel other than the joint county public defender or | 1020 |
from allowing an indigent person to select the indigent person's | 1021 |
own personal counsel to represent the indigent person. A court | 1022 |
may also appoint counsel or allow an indigent person to select the | 1023 |
indigent person's own personal counsel to assist the joint county | 1024 |
public defender as co-counsel when the interests of justice so | 1025 |
require. | 1026 |
(F) Information as to the right to legal representation by | 1027 |
the joint county public defender or assigned counsel shall be | 1028 |
afforded to an accused person immediately upon arrest, when | 1029 |
brought before a magistrate, or when formally charged, whichever | 1030 |
occurs first. | 1031 |
(G) If a court appoints the office of the joint county | 1032 |
public defender to represent a petitioner in a postconviction | 1033 |
relief proceeding under section 2953.21 of the Revised Code, the | 1034 |
petitioner has received a sentence of death, and the proceeding | 1035 |
relates to that sentence, all of the attorneys who represent the | 1036 |
petitioner in the proceeding pursuant to the appointment, whether | 1037 |
an assistant joint county defender or the joint county public | 1038 |
defender, shall be certified under Rule 20 of the Rules of | 1039 |
Superintendence for the Courts of Ohio to represent indigent | 1040 |
defendants charged with or convicted of an offense for which the | 1041 |
death penalty can be or has been imposed. | 1042 |
(H) As used in this section: | 1043 |
(1) "Community control sanction" has the same meaning as in | 1044 |
section 2929.01 of the Revised Code. | 1045 |
(2) "Post-release control sanction" has the same meaning as | 1046 |
in section 2967.01 of the Revised Code. | 1047 |
Sec. 149.43. (A) As used in this section: | 1048 |
(1) "Public record" means records kept by any public | 1049 |
office, including, but not limited to, state, county, city, | 1050 |
village, township, and school district units, and records | 1051 |
pertaining to the delivery of educational services by an | 1052 |
alternative school in Ohio kept by a nonprofit or for profit | 1053 |
entity operating such alternative school pursuant to section | 1054 |
3313.533 of the Revised Code. "Public record" does not mean any of | 1055 |
the following: | 1056 |
(a) Medical records; | 1057 |
(b) Records pertaining to probation and parole proceedings | 1058 |
or to proceedings related to the imposition of community control | 1059 |
sanctions and post-release control sanctions; | 1060 |
(c) Records pertaining to actions under section 2151.85 and | 1061 |
division (C) of section 2919.121 of the Revised Code and to | 1062 |
appeals of actions arising under those sections; | 1063 |
(d) Records pertaining to adoption proceedings, including | 1064 |
the contents of an adoption file maintained by the department of | 1065 |
health under section 3705.12 of the Revised Code; | 1066 |
(e) Information in a record contained in the putative father | 1067 |
registry established by section 3107.062 of the Revised Code, | 1068 |
regardless of whether the information is held by the department of | 1069 |
job and family services or, pursuant to section 3111.69 of the | 1070 |
Revised Code, the office of child support in the department or a | 1071 |
child support enforcement agency; | 1072 |
(f) Records listed in division (A) of section 3107.42 of the | 1073 |
Revised Code or specified in division (A) of section 3107.52 of | 1074 |
the Revised Code; | 1075 |
(g) Trial preparation records; | 1076 |
(h) Confidential law enforcement investigatory records; | 1077 |
(i) Records containing information that is confidential | 1078 |
under section 2317.023 or 4112.05 of the Revised Code; | 1079 |
(j) DNA records stored in the DNA database pursuant to | 1080 |
section 109.573 of the Revised Code; | 1081 |
(k) Inmate records released by the department of | 1082 |
rehabilitation and correction to the department of youth services | 1083 |
or a court of record pursuant to division (E) of section 5120.21 | 1084 |
of the Revised Code; | 1085 |
(l) Records maintained by the department of youth services | 1086 |
pertaining to children in its custody released by the department | 1087 |
of youth services to the department of rehabilitation and | 1088 |
correction pursuant to section 5139.05 of the Revised Code; | 1089 |
(m) Intellectual property records; | 1090 |
(n) Donor profile records; | 1091 |
(o) Records maintained by the department of job and family | 1092 |
services pursuant to section 3121.894 of the Revised Code; | 1093 |
(p) Peace officer residential and familial information; | 1094 |
(q) In the case of a county hospital operated pursuant to | 1095 |
Chapter 339. of the Revised Code, information that constitutes a | 1096 |
trade secret, as defined in section 1333.61 of the Revised Code; | 1097 |
(r) Information pertaining to the recreational activities of | 1098 |
a person under the age of eighteen; | 1099 |
(s) Records provided to, statements made by review board | 1100 |
members during meetings of, and all work products of a child | 1101 |
fatality review board acting under sections 307.621 to 307.629 of | 1102 |
the Revised Code, other than the report prepared pursuant to | 1103 |
section 307.626 of the Revised Code; | 1104 |
(t) Records provided to and statements made by the executive | 1105 |
director of a public children services agency or a prosecuting | 1106 |
attorney acting pursuant to section 5153.171 of the Revised Code | 1107 |
other than the information released under that section; | 1108 |
(u) Test materials, examinations, or evaluation tools used | 1109 |
in an examination for licensure as a nursing home administrator | 1110 |
that the board of examiners of nursing home administrators | 1111 |
administers under section 4751.04 of the Revised Code or contracts | 1112 |
under that section with a private or government entity to | 1113 |
administer; | 1114 |
(v) Records the release of which is prohibited by state or | 1115 |
federal law. | 1116 |
(2) "Confidential law enforcement investigatory record" | 1117 |
means any record that pertains to a law enforcement matter of a | 1118 |
criminal, quasi-criminal, civil, or administrative nature, but | 1119 |
only to the extent that the release of the record would create a | 1120 |
high probability of disclosure of any of the following: | 1121 |
(a) The identity of a suspect who has not been charged with | 1122 |
the offense to which the record pertains, or of an information | 1123 |
source or witness to whom confidentiality has been reasonably | 1124 |
promised; | 1125 |
(b) Information provided by an information source or witness | 1126 |
to whom confidentiality has been reasonably promised, which | 1127 |
information would reasonably tend to disclose the source's or | 1128 |
witness's identity; | 1129 |
(c) Specific confidential investigatory techniques or | 1130 |
procedures or specific investigatory work product; | 1131 |
(d) Information that would endanger the life or physical | 1132 |
safety of law enforcement personnel, a crime victim, a witness, or | 1133 |
a confidential information source. | 1134 |
(3) "Medical record" means any document or combination of | 1135 |
documents, except births, deaths, and the fact of admission to or | 1136 |
discharge from a hospital, that pertains to the medical history, | 1137 |
diagnosis, prognosis, or medical condition of a patient and that | 1138 |
is generated and maintained in the process of medical treatment. | 1139 |
(4) "Trial preparation record" means any record that | 1140 |
contains information that is specifically compiled in reasonable | 1141 |
anticipation of, or in defense of, a civil or criminal action or | 1142 |
proceeding, including the independent thought processes and | 1143 |
personal trial preparation of an attorney. | 1144 |
(5) "Intellectual property record" means a record, other | 1145 |
than a financial or administrative record, that is produced or | 1146 |
collected by or for faculty or staff of a state institution of | 1147 |
higher learning in the conduct of or as a result of study or | 1148 |
research on an educational, commercial, scientific, artistic, | 1149 |
technical, or scholarly issue, regardless of whether the study or | 1150 |
research was sponsored by the institution alone or in conjunction | 1151 |
with a governmental body or private concern, and that has not been | 1152 |
publicly released, published, or patented. | 1153 |
(6) "Donor profile record" means all records about donors or | 1154 |
potential donors to a public institution of higher education | 1155 |
except the names and reported addresses of the actual donors and | 1156 |
the date, amount, and conditions of the actual donation. | 1157 |
(7) "Peace officer residential and familial information" | 1158 |
means either of the following: | 1159 |
(a) Any information maintained in a personnel record of a | 1160 |
peace officer that discloses any of the following: | 1161 |
(i) The address of the actual personal residence of a peace | 1162 |
officer, except for the state or political subdivision in which | 1163 |
the peace officer resides; | 1164 |
(ii) Information compiled from referral to or participation | 1165 |
in an employee assistance program; | 1166 |
(iii) The social security number, the residential telephone | 1167 |
number, any bank account, debit card, charge card, or credit card | 1168 |
number, or the emergency telephone number of, or any medical | 1169 |
information pertaining to, a peace officer; | 1170 |
(iv) The name of any beneficiary of employment benefits, | 1171 |
including, but not limited to, life insurance benefits, provided | 1172 |
to a peace officer by the peace officer's employer; | 1173 |
(v) The identity and amount of any charitable or employment | 1174 |
benefit deduction made by the peace officer's employer from the | 1175 |
peace officer's compensation unless the amount of the deduction is | 1176 |
required by state or federal law; | 1177 |
(vi) The name, the residential address, the name of the | 1178 |
employer, the address of the employer, the social security number, | 1179 |
the residential telephone number, any bank account, debit card, | 1180 |
charge card, or credit card number, or the emergency telephone | 1181 |
number of the spouse, a former spouse, or any child of a peace | 1182 |
officer. | 1183 |
(b) Any record that identifies a person's occupation as a | 1184 |
peace officer other than statements required to include the | 1185 |
disclosure of that fact under the campaign finance law. | 1186 |
As used in divisions (A)(7) and (B)(5) of this section, | 1187 |
"peace officer" has the same meaning as in section 109.71 of the | 1188 |
Revised Code and also includes the superintendent and troopers of | 1189 |
the state highway patrol; it does not include the sheriff of a | 1190 |
county or a supervisory employee who, in the absence of the | 1191 |
sheriff, is authorized to stand in for, exercise the authority of, | 1192 |
and perform the duties of the sheriff. | 1193 |
(8) "Information pertaining to the recreational activities | 1194 |
of a person under the age of eighteen" means information that is | 1195 |
kept in the ordinary course of business by a public office, that | 1196 |
pertains to the recreational activities of a person under the age | 1197 |
of eighteen years, and that discloses any of the following: | 1198 |
(a) The address or telephone number of a person under the | 1199 |
age of eighteen or the address or telephone number of that | 1200 |
person's parent, guardian, custodian, or emergency contact person; | 1201 |
(b) The social security number, birth date, or photographic | 1202 |
image of a person under the age of eighteen; | 1203 |
(c) Any medical record, history, or information pertaining | 1204 |
to a person under the age of eighteen; | 1205 |
(d) Any additional information sought or required about a | 1206 |
person under the age of eighteen for the purpose of allowing that | 1207 |
person to participate in any recreational activity conducted or | 1208 |
sponsored by a public office or to use or obtain admission | 1209 |
privileges to any recreational facility owned or operated by a | 1210 |
public office. | 1211 |
(9) "Community control sanction" has the same meaning as in | 1212 |
section 2929.01 of the Revised Code. | 1213 |
(10) "Post-release control sanction" has the same meaning as | 1214 |
in section 2967.01 of the Revised Code. | 1215 |
(B)(1) Subject to division (B)(4) of this section, all | 1216 |
public records shall be promptly prepared and made available for | 1217 |
inspection to any person at all reasonable times during regular | 1218 |
business hours. Subject to division (B)(4) of this section, upon | 1219 |
request, a public office or person responsible for public records | 1220 |
shall make copies available at cost, within a reasonable period of | 1221 |
time. In order to facilitate broader access to public records, | 1222 |
public offices shall maintain public records in a manner that they | 1223 |
can be made available for inspection in accordance with this | 1224 |
division. | 1225 |
(2) If any person chooses to obtain a copy of a public | 1226 |
record in accordance with division (B)(1) of this section, the | 1227 |
public office or person responsible for the public record shall | 1228 |
permit that person to choose to have the public record duplicated | 1229 |
upon paper, upon the same medium upon which the public office or | 1230 |
person responsible for the public record keeps it, or upon any | 1231 |
other medium upon which the public office or person responsible | 1232 |
for the public record determines that it reasonably can be | 1233 |
duplicated as an integral part of the normal operations of the | 1234 |
public office or person responsible for the public record. When | 1235 |
the person seeking the copy makes a choice under this division, | 1236 |
the public office or person responsible for the public record | 1237 |
shall provide a copy of it in accordance with the choice made by | 1238 |
the person seeking the copy. | 1239 |
(3) Upon a request made in accordance with division (B)(1) | 1240 |
of this section, a public office or person responsible for public | 1241 |
records shall transmit a copy of a public record to any person by | 1242 |
United States mail within a reasonable period of time after | 1243 |
receiving the request for the copy. The public office or person | 1244 |
responsible for the public record may require the person making | 1245 |
the request to pay in advance the cost of postage and other | 1246 |
supplies used in the mailing. | 1247 |
Any public office may adopt a policy and procedures that it | 1248 |
will follow in transmitting, within a reasonable period of time | 1249 |
after receiving a request, copies of public records by United | 1250 |
States mail pursuant to this division. A public office that | 1251 |
adopts a policy and procedures under this division shall comply | 1252 |
with them in performing its duties under this division. | 1253 |
In any policy and procedures adopted under this division, a | 1254 |
public office may limit the number of records requested by a | 1255 |
person that the office will transmit by United States mail to ten | 1256 |
per month, unless the person certifies to the office in writing | 1257 |
that the person does not intend to use or forward the requested | 1258 |
records, or the information contained in them, for commercial | 1259 |
purposes. For purposes of this division, "commercial" shall be | 1260 |
narrowly construed and does not include reporting or gathering | 1261 |
news, reporting or gathering information to assist citizen | 1262 |
oversight or understanding of the operation or activities of | 1263 |
government, or nonprofit educational research. | 1264 |
(4) A public office or person responsible for public records | 1265 |
is not required to permit a person who is incarcerated pursuant to | 1266 |
a criminal conviction or a juvenile adjudication to inspect or to | 1267 |
obtain a copy of any public record concerning a criminal | 1268 |
investigation or prosecution or concerning what would be a | 1269 |
criminal investigation or prosecution if the subject of the | 1270 |
investigation or prosecution were an adult, unless the request to | 1271 |
inspect or to obtain a copy of the record is for the purpose of | 1272 |
acquiring information that is subject to release as a public | 1273 |
record under this section and the judge who imposed the sentence | 1274 |
or made the adjudication with respect to the person, or the | 1275 |
judge's successor in office, finds that the information sought in | 1276 |
the public record is necessary to support what appears to be a | 1277 |
justiciable claim of the person. | 1278 |
(5) Upon written request made and signed by a journalist on | 1279 |
or after December 16, 1999, a public office, or person responsible | 1280 |
for public records, having custody of the records of the agency | 1281 |
employing a specified peace officer shall disclose to the | 1282 |
journalist the address of the actual personal residence of the | 1283 |
peace officer and, if the peace officer's spouse, former spouse, | 1284 |
or child is employed by a public office, the name and address of | 1285 |
the employer of the peace officer's spouse, former spouse, or | 1286 |
child. The request shall include the journalist's name and title | 1287 |
and the name and address of the journalist's employer and shall | 1288 |
state that disclosure of the information sought would be in the | 1289 |
public interest. | 1290 |
As used in division (B)(5) of this section, "journalist" | 1291 |
means a person engaged in, connected with, or employed by any news | 1292 |
medium, including a newspaper, magazine, press association, news | 1293 |
agency, or wire service, a radio or television station, or a | 1294 |
similar medium, for the purpose of gathering, processing, | 1295 |
transmitting, compiling, editing, or disseminating information for | 1296 |
the general public. | 1297 |
(C) If a person allegedly is aggrieved by the failure of a | 1298 |
public office to promptly prepare a public record and to make it | 1299 |
available to the person for inspection in accordance with division | 1300 |
(B) of this section, or if a person who has requested a copy of a | 1301 |
public record allegedly is aggrieved by the failure of a public | 1302 |
office or the person responsible for the public record to make a | 1303 |
copy available to the person allegedly aggrieved in accordance | 1304 |
with division (B) of this section, the person allegedly aggrieved | 1305 |
may commence a mandamus action to obtain a judgment that orders | 1306 |
the public office or the person responsible for the public record | 1307 |
to comply with division (B) of this section and that awards | 1308 |
reasonable attorney's fees to the person that instituted the | 1309 |
mandamus action. The mandamus action may be commenced in the | 1310 |
court of common pleas of the county in which division (B) of this | 1311 |
section allegedly was not complied with, in the supreme court | 1312 |
pursuant to its original jurisdiction under Section 2 of Article | 1313 |
IV, Ohio Constitution, or in the court of appeals for the | 1314 |
appellate district in which division (B) of this section allegedly | 1315 |
was not complied with pursuant to its original jurisdiction under | 1316 |
Section 3 of Article IV, Ohio Constitution. | 1317 |
(D) Chapter 1347. of the Revised Code does not limit the | 1318 |
provisions of this section. | 1319 |
(E)(1) The bureau of motor vehicles may adopt rules pursuant | 1320 |
to Chapter 119. of the Revised Code to reasonably limit the number | 1321 |
of bulk commercial special extraction requests made by a person | 1322 |
for the same records or for updated records during a calendar | 1323 |
year. The rules may include provisions for charges to be made for | 1324 |
bulk commercial special extraction requests for the actual cost of | 1325 |
the bureau, plus special extraction costs, plus ten per cent. The | 1326 |
bureau may charge for expenses for redacting information, the | 1327 |
release of which is prohibited by law. | 1328 |
(2) As used in divisions (B)(3) and (E)(1) of this section: | 1329 |
(a) "Actual cost" means the cost of depleted supplies, | 1330 |
records storage media costs, actual mailing and alternative | 1331 |
delivery costs, or other transmitting costs, and any direct | 1332 |
equipment operating and maintenance costs, including actual costs | 1333 |
paid to private contractors for copying services. | 1334 |
(b) "Bulk commercial special extraction request" means a | 1335 |
request for copies of a record for information in a format other | 1336 |
than the format already available, or information that cannot be | 1337 |
extracted without examination of all items in a records series, | 1338 |
class of records, or data base by a person who intends to use or | 1339 |
forward the copies for surveys, marketing, solicitation, or resale | 1340 |
for commercial purposes. "Bulk commercial special extraction | 1341 |
request" does not include a request by a person who gives | 1342 |
assurance to the bureau that the person making the request does | 1343 |
not intend to use or forward the requested copies for surveys, | 1344 |
marketing, solicitation, or resale for commercial purposes. | 1345 |
(c) "Commercial" means profit-seeking production, buying, or | 1346 |
selling of any good, service, or other product. | 1347 |
(d) "Special extraction costs" means the cost of the time | 1348 |
spent by the lowest paid employee competent to perform the task, | 1349 |
the actual amount paid to outside private contractors employed by | 1350 |
the bureau, or the actual cost incurred to create computer | 1351 |
programs to make the special extraction. "Special extraction | 1352 |
costs" include any charges paid to a public agency for computer or | 1353 |
records services. | 1354 |
(3) For purposes of divisions (E)(1) and (2) of this | 1355 |
section, "commercial surveys, marketing, solicitation, or resale" | 1356 |
shall be narrowly construed and does not include reporting or | 1357 |
gathering news, reporting or gathering information to assist | 1358 |
citizen oversight or understanding of the operation or activities | 1359 |
of government, or nonprofit educational research. | 1360 |
Sec. 306.352. (A) As used in this section, "felony" has the | 1361 |
same meaning as in section 109.511 of the Revised Code. | 1362 |
(B)(1) In the exercise of its authority under division (Y) | 1363 |
of section 306.35 of the Revised Code, a regional transit | 1364 |
authority shall not employ a person as a regional transit | 1365 |
authority police officer on a permanent basis, on a temporary | 1366 |
basis, for a probationary term, or on other than a permanent basis | 1367 |
if the person previously has been convicted of or has pleaded | 1368 |
guilty to a felony. | 1369 |
(2)(a) The transit authority shall terminate the employment | 1370 |
of a person as a regional transit authority police officer if the | 1371 |
person does either of the following: | 1372 |
(i) Pleads guilty to a felony; | 1373 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 1374 |
plea agreement as provided in division
(D) of section
| 1375 |
2929.43 of the Revised Code in which the police officer agrees to | 1376 |
surrender the certificate awarded to that police officer under | 1377 |
section 109.77 of the Revised Code. | 1378 |
(b) The transit authority shall suspend from employment a | 1379 |
person designated as a regional transit authority police officer | 1380 |
if that person is convicted, after trial, of a felony. If the | 1381 |
police officer files an appeal from that conviction and the | 1382 |
conviction is upheld by the highest court to which the appeal is | 1383 |
taken or if the police officer does not file a timely appeal, the | 1384 |
transit authority shall terminate the employment of that police | 1385 |
officer. If the police officer files an appeal that results in | 1386 |
the police officer's acquittal of the felony or conviction of a | 1387 |
misdemeanor, or in the dismissal of the felony charge against the | 1388 |
police officer, the transit authority shall reinstate that police | 1389 |
officer. A police officer who is reinstated under division | 1390 |
(B)(2)(b) of this section shall not receive any back pay unless | 1391 |
that officer's conviction of the felony was reversed on appeal, or | 1392 |
the felony charge was dismissed, because the court found | 1393 |
insufficient evidence to convict the police officer of the felony. | 1394 |
(3) Division (B) of this section does not apply regarding an | 1395 |
offense that was committed prior to January 1, 1997. | 1396 |
(4) The suspension from employment, or the termination of | 1397 |
the employment, of a regional transit authority police officer | 1398 |
under division (B)(2) of this section shall be in accordance with | 1399 |
Chapter 119. of the Revised Code. | 1400 |
Sec. 307.93. (A) The boards of county commissioners of two | 1401 |
or more adjacent counties may contract for the joint establishment | 1402 |
of a multicounty correctional center, and the board of county | 1403 |
commissioners of a county or the boards of two or more counties | 1404 |
may contract with any municipal corporation or municipal | 1405 |
corporations located in that county or those counties for the | 1406 |
joint establishment of a municipal-county or multicounty-municipal | 1407 |
correctional center. The center shall augment county and, where | 1408 |
applicable, municipal jail programs and facilities by providing | 1409 |
custody and rehabilitative programs for those persons under the | 1410 |
charge of the sheriff of any of the contracting counties or of the | 1411 |
officer or officers of the contracting municipal corporation or | 1412 |
municipal corporations having charge of persons incarcerated in | 1413 |
the municipal jail, workhouse, or other correctional facility who, | 1414 |
in the opinion of the sentencing court, need programs of custody | 1415 |
and rehabilitation not available at the county or municipal jail | 1416 |
and by providing custody and rehabilitative programs in accordance | 1417 |
with division (C) of this section, if applicable. The contract | 1418 |
may include, but need not be limited to, provisions regarding the | 1419 |
acquisition, construction, maintenance, repair, termination of | 1420 |
operations, and administration of the center. The contract shall | 1421 |
prescribe the manner of funding of, and debt assumption for, the | 1422 |
center and the standards and procedures to be followed in the | 1423 |
operation of the center. Except as provided in division (H) of | 1424 |
this section, the contracting counties and municipal corporations | 1425 |
shall form a corrections commission to oversee the administration | 1426 |
of the center. Members of the commission shall consist of the | 1427 |
sheriff of each participating county, the president of the board | 1428 |
of county commissioners of each participating county, the | 1429 |
presiding judge of the court of common pleas of each participating | 1430 |
county, or, if the court of common pleas of a participating county | 1431 |
has only one judge, then that judge, the chief of police of each | 1432 |
participating municipal corporation, the mayor or city manager of | 1433 |
each participating municipal corporation, and the presiding judge | 1434 |
or the sole judge of the municipal court of each participating | 1435 |
municipal corporation. Any of the foregoing officers may appoint | 1436 |
a designee to serve in the officer's place on the corrections | 1437 |
commission. The standards and procedures shall be formulated and | 1438 |
agreed to by the commission and may be amended at any time during | 1439 |
the life of the contract by agreement of the parties to the | 1440 |
contract upon the advice of the commission. The standards and | 1441 |
procedures formulated by the commission shall include, but need | 1442 |
not be limited to, designation of the person in charge of the | 1443 |
center, the categories of employees to be employed at the center, | 1444 |
the appointing authority of the center, and the standards of | 1445 |
treatment and security to be maintained at the center. The person | 1446 |
in charge of, and all persons employed to work at, the center | 1447 |
shall have all the powers of police officers that are necessary | 1448 |
for the proper performance of the duties relating to their | 1449 |
positions at the center. | 1450 |
(B) Each board of county commissioners that enters a | 1451 |
contract under division (A) of this section may appoint a building | 1452 |
commission pursuant to section 153.21 of the Revised Code. If any | 1453 |
commissions are appointed, they shall function jointly in the | 1454 |
construction of a multicounty or multicounty-municipal | 1455 |
correctional center with all the powers and duties authorized by | 1456 |
law. | 1457 |
(C) Prior to the acceptance for custody and rehabilitation | 1458 |
into a center established under this section of any persons who | 1459 |
are designated by the department of rehabilitation and correction, | 1460 |
who plead guilty to or are convicted of a felony of the fourth or | 1461 |
fifth degree, and who satisfy the other requirements listed in | 1462 |
section 5120.161 of the Revised Code, the corrections commission | 1463 |
of a center established under this section shall enter into an | 1464 |
agreement with the department of rehabilitation and correction | 1465 |
under section 5120.161 of the Revised Code for the custody and | 1466 |
rehabilitation in the center of persons who are designated by the | 1467 |
department, who plead guilty to or are convicted of a felony of | 1468 |
the fourth or fifth degree, and who satisfy the other requirements | 1469 |
listed in that section, in exchange for a per diem fee per person. | 1470 |
Persons incarcerated in the center pursuant to an agreement | 1471 |
entered into under this division shall be subject to supervision | 1472 |
and control in the manner described in section 5120.161 of the | 1473 |
Revised Code. This division does not affect the authority of a | 1474 |
court to directly sentence a person who is convicted of or pleads | 1475 |
guilty to a felony to the center in accordance with section | 1476 |
2929.16 of the Revised Code. | 1477 |
(D) Pursuant to section 2929.37 of the Revised Code, each | 1478 |
board of county commissioners and the legislative authority of | 1479 |
each municipal corporation that enters into a contract under | 1480 |
division (A) of this section may require a person who was | 1481 |
convicted of an offense, who is under the charge of the sheriff of | 1482 |
their county or of the officer or officers of the contracting | 1483 |
municipal corporation or municipal corporations having charge of | 1484 |
persons incarcerated in the municipal jail, workhouse, or other | 1485 |
correctional facility, and who is confined in the multicounty, | 1486 |
municipal-county, or multicounty-municipal correctional center as | 1487 |
provided in that division, to reimburse the applicable county or | 1488 |
municipal corporation for its expenses incurred by reason of the | 1489 |
person's confinement in the center. | 1490 |
(E) Notwithstanding any contrary provision in this section | 1491 |
or
section 2929.18,
| 1492 |
Revised Code, the corrections commission of a center may establish | 1493 |
a policy that complies with section 2929.38 of the Revised Code | 1494 |
and that requires any person who is not indigent and who is | 1495 |
confined in the multicounty, municipal-county, or | 1496 |
multicounty-municipal correctional center to pay a reception fee, | 1497 |
a fee for medical treatment or service requested by and provided | 1498 |
to that person, or the fee for a random drug test assessed under | 1499 |
division (E) of section 341.26 of the Revised Code. | 1500 |
(F)(1) The corrections commission of a center established | 1501 |
under this section may establish a commissary for the center. The | 1502 |
commissary may be established either in-house or by another | 1503 |
arrangement. If a commissary is established, all persons | 1504 |
incarcerated in the center shall receive commissary privileges. A | 1505 |
person's purchases from the commissary shall be deducted from the | 1506 |
person's account record in the center's business office. The | 1507 |
commissary shall provide for the distribution to indigent persons | 1508 |
incarcerated in the center of necessary hygiene articles and | 1509 |
writing materials. | 1510 |
(2) If a commissary is established, the corrections | 1511 |
commission of a center established under this section shall | 1512 |
establish a commissary fund for the center. The management of | 1513 |
funds in the commissary fund shall be strictly controlled in | 1514 |
accordance with procedures adopted by the auditor of state. | 1515 |
Commissary fund revenue over and above operating costs and reserve | 1516 |
shall be considered profits. All profits from the commissary fund | 1517 |
shall be used to purchase supplies and equipment for the benefit | 1518 |
of persons incarcerated in the center. The corrections commission | 1519 |
shall adopt rules and regulations for the operation of any | 1520 |
commissary fund it establishes. | 1521 |
(G) In lieu of forming a corrections commission to | 1522 |
administer a multicounty correctional center or a municipal-county | 1523 |
or multicounty-municipal correctional center, the boards of county | 1524 |
commissioners and the legislative authorities of the municipal | 1525 |
corporations contracting to establish the center may also agree to | 1526 |
contract for the private operation and management of the center as | 1527 |
provided in section 9.06 of the Revised Code, but only if the | 1528 |
center houses only misdemeanant inmates. In order to enter into a | 1529 |
contract under section 9.06 of the Revised Code, all the boards | 1530 |
and legislative authorities establishing the center shall approve | 1531 |
and be parties to the contract. | 1532 |
(H) If a person who is convicted of or pleads guilty to an | 1533 |
offense is sentenced to a term in a multicounty correctional | 1534 |
center or a municipal-county or multicounty-municipal correctional | 1535 |
center or is incarcerated in the center in the manner described in | 1536 |
division (C) of this section, or if a person who is arrested for | 1537 |
an offense, and who has been denied bail or has had bail set and | 1538 |
has not been released on bail is confined in a multicounty | 1539 |
correctional center or a municipal-county or multicounty-municipal | 1540 |
correctional center pending trial, at the time of reception and at | 1541 |
other times the officer, officers, or other person in charge of | 1542 |
the operation of the center determines to be appropriate, the | 1543 |
officer, officers, or other person in charge of the operation of | 1544 |
the center may cause the convicted or accused offender to be | 1545 |
examined and tested for tuberculosis, HIV infection, hepatitis, | 1546 |
including but not limited to hepatitis A, B, and C, and other | 1547 |
contagious diseases. The officer, officers, or other person in | 1548 |
charge of the operation of the center may cause a convicted or | 1549 |
accused offender in the center who refuses to be tested or treated | 1550 |
for tuberculosis, HIV infection, hepatitis, including but not | 1551 |
limited to hepatitis A, B, and C, or another contagious disease to | 1552 |
be tested and treated involuntarily. | 1553 |
(I) As used in this section, "multicounty-municipal" means | 1554 |
more than one county and a municipal corporation, or more than one | 1555 |
municipal corporation and a county, or more than one municipal | 1556 |
corporation and more than one county. | 1557 |
Sec. 311.04. (A) As used in this section, "felony" has the | 1558 |
same meaning as in section 109.511 of the Revised Code. | 1559 |
(B)(1) Subject to division (C) of this section, the sheriff | 1560 |
may appoint, in writing, one or more deputies. At the time of the | 1561 |
appointment, the sheriff shall file the writing upon which the | 1562 |
appointment is made with the clerk of the court of common pleas, | 1563 |
and the clerk of the court shall enter it upon the journal of the | 1564 |
court. The sheriff shall pay the clerk's fees for the filing and | 1565 |
journal entry of the writing. In cases of emergency, the sheriff | 1566 |
may request of the sheriff of another county the aid of qualified | 1567 |
deputies serving in those other counties of the state, and, if the | 1568 |
consent of the sheriff of that other county is received, the | 1569 |
deputies while so assigned shall be considered to be the deputies | 1570 |
of the sheriff of the county requesting aid. No judge of a county | 1571 |
court or mayor shall be appointed a deputy. | 1572 |
(2) Notwithstanding section 2335.33 of the Revised Code, the | 1573 |
sheriff shall retain the fee charged pursuant to division (B) of | 1574 |
section 311.37 of the Revised Code for the purpose of training | 1575 |
deputies appointed pursuant to this section. | 1576 |
(C)(1) The sheriff shall not appoint a person as a deputy | 1577 |
sheriff pursuant to division (B)(1) of this section on a permanent | 1578 |
basis, on a temporary basis, for a probationary term, or on other | 1579 |
than a permanent basis if the person previously has been convicted | 1580 |
of or has pleaded guilty to a felony. | 1581 |
(2)(a) The sheriff shall terminate the employment of a | 1582 |
deputy sheriff appointed under division (B)(1) of this section if | 1583 |
the deputy sheriff does either of the following: | 1584 |
(i) Pleads guilty to a felony; | 1585 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 1586 |
plea agreement as provided in division
(D) of section
| 1587 |
2929.43 of the Revised Code in which the deputy sheriff agrees to | 1588 |
surrender the certificate awarded to the deputy sheriff under | 1589 |
section 109.77 of the Revised Code. | 1590 |
(b) The sheriff shall suspend from employment any deputy | 1591 |
sheriff appointed under division (B)(1) of this section if the | 1592 |
deputy sheriff is convicted, after trial, of a felony. If the | 1593 |
deputy sheriff files an appeal from that conviction and the | 1594 |
conviction is upheld by the highest court to which the appeal is | 1595 |
taken or if the deputy sheriff does not file a timely appeal, the | 1596 |
sheriff shall terminate the employment of that deputy sheriff. If | 1597 |
the deputy sheriff files an appeal that results in that deputy | 1598 |
sheriff's acquittal of the felony or conviction of a misdemeanor, | 1599 |
or in the dismissal of the felony charge against the deputy | 1600 |
sheriff, the sheriff shall reinstate that deputy sheriff. A | 1601 |
deputy sheriff who is reinstated under division (C)(2)(b) of this | 1602 |
section shall not receive any back pay unless that deputy | 1603 |
sheriff's conviction of the felony was reversed on appeal, or the | 1604 |
felony charge was dismissed, because the court found insufficient | 1605 |
evidence to convict the deputy sheriff of the felony. | 1606 |
(3) Division (C) of this section does not apply regarding an | 1607 |
offense that was committed prior to January 1, 1997. | 1608 |
(4) The suspension from employment, or the termination of | 1609 |
the employment, of a deputy sheriff under division (C)(2) of this | 1610 |
section shall be in accordance with Chapter 119. of the Revised | 1611 |
Code. | 1612 |
Sec. 321.44. (A)(1) A county probation services fund shall | 1613 |
be established in the county treasury of each county. The fund a | 1614 |
county establishes under this division shall contain all moneys | 1615 |
paid to the treasurer of the county under section 2951.021 of the | 1616 |
Revised Code for deposit into the fund. The moneys paid into the | 1617 |
fund shall be deposited by the treasurer of the county into the | 1618 |
appropriate account established under divisions (A)(1)(a) to (d) | 1619 |
of this section. Separate accounts shall be maintained in | 1620 |
accordance with the following criteria in the fund a county | 1621 |
establishes under this division: | 1622 |
(a) If a county department of probation is established in | 1623 |
the county, a separate account shall be maintained in the fund for | 1624 |
the county department of probation. | 1625 |
(b) If the judges of the court of common pleas of the county | 1626 |
have affiliated with the judges of the court of common pleas of | 1627 |
one or more other counties and have established a multicounty | 1628 |
department of probation, a separate account shall be maintained in | 1629 |
the fund for the multicounty department of probation. | 1630 |
(c) If a department of probation is established in a | 1631 |
county-operated municipal court that has jurisdiction within the | 1632 |
county, a separate account shall be maintained in the fund for the | 1633 |
municipal court department of probation. | 1634 |
(d) If a county department of probation has not been | 1635 |
established in the county and if the court of common pleas of the | 1636 |
county, pursuant to section 2301.32 of the Revised Code, has | 1637 |
entered into an agreement with the adult parole authority under | 1638 |
which the court may place defendants
| 1639 |
community control sanction in charge of the authority, a separate | 1640 |
account shall be maintained in the fund for the adult parole | 1641 |
authority. | 1642 |
(2) For any county, if a county department of probation is | 1643 |
established in the county or if a department of probation is | 1644 |
established in a county-operated municipal court that has | 1645 |
jurisdiction within the county, the board of county commissioners | 1646 |
of the county shall appropriate to the county department of | 1647 |
probation or municipal court department of probation all money | 1648 |
that is contained in the department's account in the county | 1649 |
probation services fund established in the county for use only for | 1650 |
specialized staff, purchase of equipment, purchase of services, | 1651 |
reconciliation programs for offenders and victims, other treatment | 1652 |
programs, including alcohol and drug addiction programs certified | 1653 |
under section 3793.06 of the Revised Code, determined to be | 1654 |
appropriate by the chief probation officer of the department of | 1655 |
probation, and other similar
| 1656 |
placing offenders under a community control sanction. | 1657 |
For any county, if the judges of the court of common pleas of | 1658 |
the county have affiliated with the judges of the court of common | 1659 |
pleas of one or more other counties and have established a | 1660 |
multicounty department of probation to serve the counties, the | 1661 |
board of county commissioners of the county shall appropriate and | 1662 |
the county treasurer shall transfer to the multicounty probation | 1663 |
services fund established for the multicounty department of | 1664 |
probation under division (B) of this section all money that is | 1665 |
contained in the multicounty department of probation account in | 1666 |
the county probation services fund established in the county for | 1667 |
use in accordance with that division. | 1668 |
For any county, if a county department of probation has not | 1669 |
been established in the county and if the court of common pleas of | 1670 |
the county, pursuant to section 2301.32 of the Revised Code, has | 1671 |
entered into an agreement with the adult parole authority under | 1672 |
which the court may place defendants
| 1673 |
community control sanction in charge of the authority, the board | 1674 |
of county commissioners of the county shall appropriate and the | 1675 |
county treasurer shall transfer to the adult parole authority | 1676 |
probation services fund established under section 5149.06 of the | 1677 |
Revised Code all money that is contained in the adult parole | 1678 |
authority account in the county probation services fund | 1679 |
established in the county for use in accordance with section | 1680 |
5149.06 of the Revised Code. | 1681 |
(B) If the judges of the courts of common pleas of two or | 1682 |
more counties have established a multicounty department of | 1683 |
probation, a multicounty probation services fund shall be | 1684 |
established in the county treasury of the county whose treasurer, | 1685 |
in accordance with section 2301.27 of the Revised Code, is | 1686 |
designated by the judges of the courts of common pleas as the | 1687 |
treasurer to whom monthly supervision fees are to be appropriated | 1688 |
and transferred under division (A)(2) of this section for deposit | 1689 |
into the fund. The fund shall contain all moneys that are paid to | 1690 |
the treasurer of any member county under section 2951.021 of the | 1691 |
Revised Code for deposit into the county's probation services fund | 1692 |
and that subsequently are appropriated and transferred to the | 1693 |
multicounty probation services fund under division (A)(2) of this | 1694 |
section. The board of county commissioners of the county in which | 1695 |
the multicounty probation services fund is established shall | 1696 |
appropriate the money contained in that fund to the multicounty | 1697 |
department of probation, for use only for specialized staff, | 1698 |
purchase of equipment, purchase of services, reconciliation | 1699 |
programs for offenders and victims, other treatment programs, | 1700 |
including alcohol and drug addiction programs certified under | 1701 |
section 3793.06 of the Revised Code, determined to be appropriate | 1702 |
by the chief probation officer, and for other similar | 1703 |
1704 | |
community control sanction. | 1705 |
(C) Any money in a county or multicounty probation services | 1706 |
fund at the end of a fiscal year shall not revert to the general | 1707 |
fund of the county but shall be retained in the fund. | 1708 |
(D) As used in this section: | 1709 |
(1) "County-operated municipal court" has the same meaning as | 1710 |
in section 1901.03 of the Revised Code. | 1711 |
(2) "Multicounty department of probation" means a probation | 1712 |
department established under section 2301.27 of the Revised Code | 1713 |
to serve more than one county. | 1714 |
(3)"Community control sanction" has the same meaning as in | 1715 |
section 2929.01 of the Revised Code. | 1716 |
Sec. 341.14. (A) The sheriff of an adjoining county shall | 1717 |
not receive prisoners as provided by section 341.12 of the Revised | 1718 |
Code unless there is deposited weekly with the sheriff an amount | 1719 |
equal to the actual cost of keeping and feeding each prisoner so | 1720 |
committed for the use of the jail of that county, and the same | 1721 |
amount for a period of time less than one week. If a prisoner is | 1722 |
discharged before the expiration of the term for which the | 1723 |
prisoner was committed, the excess of the amount advanced shall be | 1724 |
refunded. | 1725 |
(B) Pursuant to section 2929.37 of the Revised Code, the | 1726 |
board of county commissioners of the county that receives pursuant | 1727 |
to section 341.12 of the Revised Code for confinement in its jail, | 1728 |
a prisoner who was convicted of an offense, may require the | 1729 |
prisoner to reimburse the county for its expenses incurred by | 1730 |
reason of the prisoner's confinement. | 1731 |
(C) Notwithstanding any contrary provision in this section | 1732 |
or section 2929.18,
| 1733 |
Revised Code, the board of county commissioners may establish a | 1734 |
policy that complies with section 2929.38 of the Revised Code and | 1735 |
that requires any prisoner who is not indigent and who is confined | 1736 |
in the county's jail under this section to pay a reception fee, a | 1737 |
fee for medical treatment or service requested by and provided to | 1738 |
that prisoner, or the fee for a random drug test assessed under | 1739 |
division (E) of section 341.26 of the Revised Code. | 1740 |
(D) If a county receives pursuant to section 341.12 of the | 1741 |
Revised Code for confinement in its jail a person who has been | 1742 |
convicted of or pleaded guilty to an offense and has been | 1743 |
sentenced to a term in a jail or a person who has been arrested | 1744 |
for an offense, who has been denied bail or has had bail set and | 1745 |
has not been released on bail, and who is confined in jail pending | 1746 |
trial, at the time of reception and at other times the sheriff or | 1747 |
other person in charge of the operation of the jail determines to | 1748 |
be appropriate, the sheriff or other person in charge of the | 1749 |
operation of the jail may cause the convicted or accused offender | 1750 |
to be examined and tested for tuberculosis, HIV infection, | 1751 |
hepatitis, including but not limited to hepatitis A, B, and C, and | 1752 |
other contagious diseases. The sheriff or other person in charge | 1753 |
of the operation of the jail may cause a convicted or accused | 1754 |
offender in the jail who refuses to be tested or treated for | 1755 |
tuberculosis, HIV infection, hepatitis, including but not limited | 1756 |
to hepatitis A, B, and C, or another contagious disease to be | 1757 |
tested and treated involuntarily. | 1758 |
Sec. 341.19. (A) Pursuant to section 2929.37 of the Revised | 1759 |
Code, the board of county commissioners may require a person who | 1760 |
was convicted of an offense and who is confined in the county jail | 1761 |
to reimburse the county for its expenses incurred by reason of the | 1762 |
person's confinement. | 1763 |
(B) Notwithstanding any contrary provision in this section | 1764 |
or section 2929.18,
| 1765 |
Revised Code, the board of county commissioners may establish a | 1766 |
policy that complies with section 2929.38 of the Revised Code and | 1767 |
that requires any prisoner who is not indigent and who is confined | 1768 |
in the county's jail under this section to pay a reception fee, a | 1769 |
fee for any medical treatment or service requested by and provided | 1770 |
to that prisoner, or the fee for a random drug test assessed under | 1771 |
division (E) of section 341.26 of the Revised Code. | 1772 |
(C) If a person who is convicted of or pleads guilty to an | 1773 |
offense is sentenced to a term in a jail, or if a person who has | 1774 |
been arrested for an offense, and who has been denied bail or has | 1775 |
had bail set and has not been released on bail is confined in jail | 1776 |
pending trial, at the time of reception and at other times the | 1777 |
sheriff or other person in charge of the operation of the jail | 1778 |
determines to be appropriate, the sheriff or other person in | 1779 |
charge of the operation of the jail may cause the convicted or | 1780 |
accused offender to be examined and tested for tuberculosis, HIV | 1781 |
infection, hepatitis, including but not limited to hepatitis A, B, | 1782 |
and C, and other contagious diseases. The sheriff or other person | 1783 |
in charge of the operation of the jail may cause a convicted or | 1784 |
accused offender in the jail who refuses to be tested or treated | 1785 |
for tuberculosis, HIV infection, hepatitis, including but not | 1786 |
limited to hepatitis A, B, and C, or another contagious disease to | 1787 |
be tested and treated involuntarily. | 1788 |
Sec. 341.21. (A) The board of county commissioners may | 1789 |
direct the sheriff to receive into custody prisoners charged with | 1790 |
or convicted of crime by the United States, and to keep those | 1791 |
prisoners until discharged. | 1792 |
The board of the county in which prisoners charged with or | 1793 |
convicted of crime by the United States may be so committed may | 1794 |
negotiate and conclude any contracts with the United States for | 1795 |
the use of the jail as provided by this section and as the board | 1796 |
sees fit. | 1797 |
A prisoner so committed shall be supported at the expense of | 1798 |
the United States during the prisoner's confinement in the county | 1799 |
jail. No greater compensation shall be charged by a sheriff for | 1800 |
the subsistence of that type of prisoner than is provided by | 1801 |
section 311.20 of the Revised Code to be charged for the | 1802 |
subsistence of state prisoners. | 1803 |
A sheriff or jailer who neglects or refuses to perform the | 1804 |
services and duties directed by the board by reason of this | 1805 |
division, shall be liable to the same penalties, forfeitures, and | 1806 |
actions as if the prisoner had been committed under the authority | 1807 |
of this state. | 1808 |
(B) Prior to the acceptance for housing into the county jail | 1809 |
of persons who are designated by the department of rehabilitation | 1810 |
and correction, who plead guilty to or are convicted of a felony | 1811 |
of the fourth or fifth degree, and who satisfy the other | 1812 |
requirements listed in section 5120.161 of the Revised Code, the | 1813 |
board of county commissioners shall enter into an agreement with | 1814 |
the department of rehabilitation and correction under section | 1815 |
5120.161 of the Revised Code for the housing in the county jail of | 1816 |
persons designated by the department who plead guilty to or are | 1817 |
convicted of a felony of the fourth or fifth degree and who | 1818 |
satisfy the other requirements listed in that section in exchange | 1819 |
for a per diem fee per person. Persons incarcerated in the county | 1820 |
jail pursuant to an agreement entered into under this division | 1821 |
shall be subject to supervision and control in the manner | 1822 |
described in section 5120.161 of the Revised Code. This division | 1823 |
does not affect the authority of a court to directly sentence a | 1824 |
person who is convicted of or pleads guilty to a felony to the | 1825 |
county jail in accordance with section 2929.16 of the Revised | 1826 |
Code. | 1827 |
(C) Notwithstanding any contrary provision in section | 1828 |
2929.18,
| 1829 |
section of the Revised Code, the board of county commissioners may | 1830 |
establish a policy that complies with section 2929.38 of the | 1831 |
Revised Code and that requires any person who is not indigent and | 1832 |
who is confined in the jail under division (B) of this section to | 1833 |
pay a reception fee, a fee for any medical treatment or service | 1834 |
requested by and provided to that person, or the fee for a random | 1835 |
drug test assessed under division (E) of section 341.26 of the | 1836 |
Revised Code. | 1837 |
(D) If a sheriff receives into custody a prisoner convicted | 1838 |
of crime by the United States as described in division (A) of this | 1839 |
section, if a person who has been convicted of or pleaded guilty | 1840 |
to an offense is incarcerated in the jail in the manner described | 1841 |
in division (B) of this section, if a sheriff receives into | 1842 |
custody a prisoner charged with a crime by the United States and | 1843 |
the prisoner has had bail denied or has had bail set, has not been | 1844 |
released on bail, and is confined in jail pending trial, or if a | 1845 |
person who has been arrested for an offense, and who has been | 1846 |
denied bail or has had bail set and has not been released on bail | 1847 |
is confined in jail pending trial, at the time of reception and at | 1848 |
other times the sheriff or other person in charge of the operation | 1849 |
of the jail determines to be appropriate, the sheriff or other | 1850 |
person in charge of the operation of the jail may cause the | 1851 |
convicted or accused offender to be examined and tested for | 1852 |
tuberculosis, HIV infection, hepatitis, including, but not limited | 1853 |
to, hepatitis A, B, and C, and other contagious diseases. The | 1854 |
sheriff or other person in charge of the operation of the jail may | 1855 |
cause a convicted or accused offender in the jail who refuses to | 1856 |
be tested or treated for tuberculosis, HIV infection, hepatitis, | 1857 |
including, but not limited to, hepatitis A, B, and C, or another | 1858 |
contagious disease to be tested and treated involuntarily. | 1859 |
Sec. 341.23. (A) The board of county commissioners of any | 1860 |
county or the legislative authority of any municipal corporation | 1861 |
in which there is no workhouse may agree with the legislative | 1862 |
authority of any municipal corporation or other authority having | 1863 |
control of the workhouse of any other city, or with the directors | 1864 |
of any district of a joint city and county workhouse or county | 1865 |
workhouse, upon terms on which persons convicted of a misdemeanor | 1866 |
by any court or magistrate of a county or municipal corporation | 1867 |
having no workhouse, may be received into that workhouse, under | 1868 |
sentence of the court or magistrate. The board or legislative | 1869 |
authority may pay the expenses incurred under the agreement out of | 1870 |
the general fund of that county or municipal corporation, upon the | 1871 |
certificate of the proper officer of the workhouse. | 1872 |
(B) The sheriff or other officer transporting any person to | 1873 |
the workhouse described in division (A) of this section shall | 1874 |
receive six cents per mile for the sheriff or officer, going and | 1875 |
returning, five cents per mile for transporting the convict, and | 1876 |
five cents per mile, going and coming, for the service of each | 1877 |
deputy, to be allowed as in cases in which a person is transported | 1878 |
to a state correctional institution. The number of miles shall be | 1879 |
computed by the usual routes of travel and, in state cases, shall | 1880 |
be paid out of the general fund of the county, on the allowance of | 1881 |
the board, and for the violation of the ordinances of any | 1882 |
municipal corporation, shall be paid by that municipal corporation | 1883 |
on the order of its legislative authority. | 1884 |
(C) Pursuant to section 2929.37 of the Revised Code, the | 1885 |
board of county commissioners, the directors of the district of a | 1886 |
joint city and county workhouse or county workhouse, or the | 1887 |
legislative authority of the municipal corporation may require a | 1888 |
person who was convicted of an offense and who is confined in a | 1889 |
workhouse as provided in division (A) of this section, to | 1890 |
reimburse the county, district, or municipal corporation, as the | 1891 |
case may be, for its expenses incurred by reason of the person's | 1892 |
confinement. | 1893 |
(D) Notwithstanding any contrary provision in this section | 1894 |
or section
2929.18,
| 1895 |
Revised Code, the appropriate board of county commissioners and | 1896 |
legislative authorities may include in their agreement entered | 1897 |
into under division (A) of this section a policy that complies | 1898 |
with section 2929.38 of the Revised Code and that requires any | 1899 |
person who is not indigent and who is confined in the county, | 1900 |
city, district, or joint city and county workhouse under this | 1901 |
section to pay a reception fee, a fee for any medical treatment | 1902 |
or service requested by and provided to that person, or the fee | 1903 |
for a random drug test assessed under division (E) of section | 1904 |
341.26 of the Revised Code. | 1905 |
(E) If a person who has been convicted of or pleaded guilty | 1906 |
to an offense is incarcerated in the workhouse as provided in | 1907 |
division (A) of this section, at the time of reception and at | 1908 |
other times the person in charge of the operation of the workhouse | 1909 |
determines to be appropriate, the person in charge of the | 1910 |
operation of the workhouse may cause the convicted offender to be | 1911 |
examined and tested for tuberculosis, HIV infection, hepatitis, | 1912 |
including but not limited to hepatitis A, B, and C, and other | 1913 |
contagious diseases. The person in charge of the operation of the | 1914 |
workhouse may cause a convicted offender in the workhouse who | 1915 |
refuses to be tested or treated for tuberculosis, HIV infection, | 1916 |
hepatitis, including but not limited to hepatitis A, B, and C, or | 1917 |
another contagious disease to be tested and treated involuntarily. | 1918 |
Sec. 505.49. (A) As used in this section, "felony" has the | 1919 |
same meaning as in section 109.511 of the Revised Code. | 1920 |
(B)(1) The township trustees by a two-thirds vote of the | 1921 |
board may adopt rules necessary for the operation of the township | 1922 |
police district, including a determination of the qualifications | 1923 |
of the chief of police, patrol officers, and others to serve as | 1924 |
members of the district police force. | 1925 |
(2) Except as otherwise provided in division (E) of this | 1926 |
section and subject to division (D) of this section, the township | 1927 |
trustees by a two-thirds vote of the board shall appoint a chief | 1928 |
of police for the district, determine the number of patrol | 1929 |
officers and other personnel required by the district, and | 1930 |
establish salary schedules and other conditions of employment for | 1931 |
the employees of the township police district. The chief of | 1932 |
police of the district shall serve at the pleasure of the township | 1933 |
trustees and shall appoint patrol officers and other personnel | 1934 |
that the district may require, subject to division (D) of this | 1935 |
section and to the rules and limits as to qualifications, salary | 1936 |
ranges, and numbers of personnel established by the township board | 1937 |
of trustees. The township trustees may include in the township | 1938 |
police district and under the direction and control of the chief | 1939 |
of police, any constable appointed pursuant to section 509.01 of | 1940 |
the Revised Code, or may designate the chief of police or any | 1941 |
patrol officer appointed by the chief of police as a constable, as | 1942 |
provided for in section 509.01 of the Revised Code, for the | 1943 |
township police district. | 1944 |
(3) Except as provided in division (D) of this section, a | 1945 |
patrol officer, other police district employee, or police | 1946 |
constable, who has been awarded a certificate attesting to the | 1947 |
satisfactory completion of an approved state, county, or municipal | 1948 |
police basic training program, as required by section 109.77 of | 1949 |
the Revised Code, may be removed or suspended only under the | 1950 |
conditions and by the procedures in sections 505.491 to 505.495 of | 1951 |
the Revised Code. Any other patrol officer, police district | 1952 |
employee, or police constable shall serve at the pleasure of the | 1953 |
township trustees. In case of removal or suspension of an | 1954 |
appointee by the board of township trustees, that appointee may | 1955 |
appeal the decision of the board to the court of common pleas of | 1956 |
the county in which the district is situated to determine the | 1957 |
sufficiency of the cause of removal or suspension. The appointee | 1958 |
shall take the appeal within ten days of written notice to the | 1959 |
appointee of the decision of the board. | 1960 |
(C) Division (B) of this section does not apply to a | 1961 |
township that has a population of ten thousand or more persons | 1962 |
residing within the township and outside of any municipal | 1963 |
corporation, that has its own police department employing ten or | 1964 |
more full-time paid employees, and that has a civil service | 1965 |
commission established under division (B) of section 124.40 of the | 1966 |
Revised Code. That type of township shall comply with the | 1967 |
procedures for the employment, promotion, and discharge of police | 1968 |
personnel provided by Chapter 124. of the Revised Code, except | 1969 |
that the board of township trustees of the township may appoint | 1970 |
the chief of police, and a person so appointed shall be in the | 1971 |
unclassified service under section 124.11 of the Revised Code and | 1972 |
shall serve at the pleasure of the board. A person appointed | 1973 |
chief of police under these conditions who is removed by the board | 1974 |
or who resigns from the position shall be entitled to return to | 1975 |
the classified service in the township police department, in the | 1976 |
position that person held previous to the person's appointment as | 1977 |
chief of police. The board of township trustees shall determine | 1978 |
the number of personnel required and establish salary schedules | 1979 |
and conditions of employment not in conflict with Chapter 124. of | 1980 |
the Revised Code. Persons employed as police personnel in that | 1981 |
type of township on the date a civil service commission is | 1982 |
appointed pursuant to division (B) of section 124.40 of the | 1983 |
Revised Code, without being required to pass a competitive | 1984 |
examination or a police training program, shall retain their | 1985 |
employment and any rank previously granted them by action of the | 1986 |
township trustees or otherwise, but those persons are eligible for | 1987 |
promotion only by compliance with Chapter 124. of the Revised | 1988 |
Code. This division does not apply to constables appointed | 1989 |
pursuant to section 509.01 of the Revised Code. This division is | 1990 |
subject to division (D) of this section. | 1991 |
(D)(1) The board of township trustees shall not appoint or | 1992 |
employ a person as a chief of police, and the chief of police | 1993 |
shall not appoint or employ a person as a patrol officer or other | 1994 |
peace officer of a township police district or a township police | 1995 |
department, on a permanent basis, on a temporary basis, for a | 1996 |
probationary term, or on other than a permanent basis if the | 1997 |
person previously has been convicted of or has pleaded guilty to a | 1998 |
felony. | 1999 |
(2)(a) The board of township trustees shall terminate the | 2000 |
appointment or employment of a chief of police, patrol officer, or | 2001 |
other peace officer of a township police district or township | 2002 |
police department who does either of the following: | 2003 |
(i) Pleads guilty to a felony; | 2004 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2005 |
plea agreement as provided in division
(D) of section
| 2006 |
2929.43 of the Revised Code in which the chief of police, patrol | 2007 |
officer, or other peace officer of a township police district or | 2008 |
township police department agrees to surrender the certificate | 2009 |
awarded to that chief of police, patrol officer, or other peace | 2010 |
officer under section 109.77 of the Revised Code. | 2011 |
(b) The board shall suspend the appointment or employment of | 2012 |
a chief of police, patrol officer, or other peace officer of a | 2013 |
township police district or township police department who is | 2014 |
convicted, after trial, of a felony. If the chief of police, | 2015 |
patrol officer, or other peace officer of a township police | 2016 |
district or township police department files an appeal from that | 2017 |
conviction and the conviction is upheld by the highest court to | 2018 |
which the appeal is taken or if no timely appeal is filed, the | 2019 |
board shall terminate the appointment or employment of that chief | 2020 |
of police, patrol officer, or other peace officer. If the chief | 2021 |
of police, patrol officer, or other peace officer of a township | 2022 |
police district or township police department files an appeal that | 2023 |
results in that chief of police's, patrol officer's, or other | 2024 |
peace officer's acquittal of the felony or conviction of a | 2025 |
misdemeanor, or in the dismissal of the felony charge against the | 2026 |
chief of police, patrol officer, or other peace officer, the board | 2027 |
shall reinstate that chief of police, patrol officer, or other | 2028 |
peace officer. A chief of police, patrol officer, or other peace | 2029 |
officer of a township police district or township police | 2030 |
department who is reinstated under division (D)(2)(b) of this | 2031 |
section shall not receive any back pay unless the conviction of | 2032 |
that chief of police, patrol officer, or other peace officer of | 2033 |
the felony was reversed on appeal, or the felony charge was | 2034 |
dismissed, because the court found insufficient evidence to | 2035 |
convict the chief of police, patrol officer, or other peace | 2036 |
officer of the felony. | 2037 |
(3) Division (D) of this section does not apply regarding an | 2038 |
offense that was committed prior to January 1, 1997. | 2039 |
(4) The suspension or termination of the appointment or | 2040 |
employment of a chief of police, patrol officer, or other peace | 2041 |
officer under division (D)(2) of this section shall be in | 2042 |
accordance with Chapter 119. of the Revised Code. | 2043 |
(E) The board of township trustees may enter into a contract | 2044 |
under section 505.43 or 505.50 of the Revised Code to obtain all | 2045 |
police protection for the township police district from one or | 2046 |
more municipal corporations, county sheriffs, or other townships. | 2047 |
If the board enters into such a contract, subject to division (D) | 2048 |
of this section, it may, but is not required to, appoint a police | 2049 |
chief for the district. | 2050 |
(F) The members of the police force of a township police | 2051 |
district of a township that adopts the limited self-government | 2052 |
form of township government shall serve as peace officers for the | 2053 |
township territory included in the district. | 2054 |
(G) A chief of police or patrol officer of a township police | 2055 |
district, or of a township police department, may participate, as | 2056 |
the director of an organized crime task force established under | 2057 |
section 177.02 of the Revised Code or as a member of the | 2058 |
investigatory staff of that task force, in an investigation of | 2059 |
organized criminal activity in any county or counties in this | 2060 |
state under sections 177.01 to 177.03 of the Revised Code. | 2061 |
Sec. 509.01. (A) As used in this section, "felony" has the | 2062 |
same meaning as in section 109.511 of the Revised Code. | 2063 |
(B) Subject to division (C) of this section, the board of | 2064 |
township trustees may designate any qualified persons as police | 2065 |
constables and may provide them with the automobiles, | 2066 |
communication systems, uniforms, and police equipment that the | 2067 |
board considers necessary. Except as provided in division (C) of | 2068 |
this section, police constables designated under this division, | 2069 |
who have been awarded a certificate attesting to the satisfactory | 2070 |
completion of an approved state, county, or municipal police basic | 2071 |
training program, as required by section 109.77 of the Revised | 2072 |
Code, may be removed or suspended only under the conditions and by | 2073 |
the procedures in sections 505.491 to 505.495 of the Revised Code. | 2074 |
Any other police constable shall serve at the pleasure of the | 2075 |
township trustees. In case of removal or suspension of a police | 2076 |
constable by the board of township trustees, that police constable | 2077 |
may appeal the decision of the board to the court of common pleas | 2078 |
of the county to determine the sufficiency of the cause of removal | 2079 |
or suspension. The police constable shall take the appeal within | 2080 |
ten days of written notice to the police constable of the decision | 2081 |
of the board. The board may pay each police constable, from the | 2082 |
general funds of the township, the compensation that the board by | 2083 |
resolution prescribes for the time actually spent in keeping the | 2084 |
peace, protecting property, and performing duties as a police | 2085 |
constable, including duties as an ex officio deputy bailiff of a | 2086 |
municipal court pursuant to section 1901.32 of the Revised Code | 2087 |
and duties as a ministerial officer of a county court. The police | 2088 |
constable shall not be paid fees in addition to the compensation | 2089 |
allowed by the board for services rendered as a police constable, | 2090 |
including services as an ex officio deputy bailiff of a municipal | 2091 |
court pursuant to section 1901.32 of the Revised Code and as a | 2092 |
ministerial officer of a county court. All constable fees | 2093 |
provided for by section 509.15 of the Revised Code, if due for | 2094 |
services rendered while the police constable performing those | 2095 |
services is being compensated as a police constable for that | 2096 |
performance, shall be paid into the general fund of the township. | 2097 |
(C)(1) The board of township trustees shall not designate a | 2098 |
person as a police constable pursuant to division (B) of this | 2099 |
section on a permanent basis, on a temporary basis, for a | 2100 |
probationary term, or on other than a permanent basis if the | 2101 |
person previously has been convicted of or has pleaded guilty to a | 2102 |
felony. | 2103 |
(2)(a) The board of township trustees shall terminate the | 2104 |
employment of a police constable designated under division (B) of | 2105 |
this section if the police constable does either of the following: | 2106 |
(i) Pleads guilty to a felony; | 2107 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2108 |
plea agreement as provided in division
(D) of section
| 2109 |
2929.43 of the Revised Code in which the police constable agrees | 2110 |
to surrender the certificate awarded to the police constable under | 2111 |
section 109.77 of the Revised Code. | 2112 |
(b) The board shall suspend from employment a police | 2113 |
constable designated under division (B) of this section if the | 2114 |
police constable is convicted, after trial, of a felony. If the | 2115 |
police constable files an appeal from that conviction and the | 2116 |
conviction is upheld by the highest court to which the appeal is | 2117 |
taken or if the police constable does not file a timely appeal, | 2118 |
the board shall terminate the employment of that police constable. | 2119 |
If the police constable files an appeal that results in that | 2120 |
police constable's acquittal of the felony or conviction of a | 2121 |
misdemeanor, or in the dismissal of the felony charge against the | 2122 |
police constable, the board shall reinstate that police constable. | 2123 |
A police constable who is reinstated under division (C)(2)(b) of | 2124 |
this section shall not receive any back pay unless that police | 2125 |
constable's conviction of the felony was reversed on appeal, or | 2126 |
the felony charge was dismissed, because the court found | 2127 |
insufficient evidence to convict the police constable of the | 2128 |
felony. | 2129 |
(3) Division (C) of this section does not apply regarding an | 2130 |
offense that was committed prior to January 1, 1997. | 2131 |
(4) The suspension from employment, or the termination of | 2132 |
the employment, of a police constable under division (C)(2) of | 2133 |
this section shall be in accordance with Chapter 119. of the | 2134 |
Revised Code. | 2135 |
Sec. 511.232. (A) As used in this section, "felony" has the | 2136 |
same meaning as in section 109.511 of the Revised Code. | 2137 |
(B) The employees designated by the board of park | 2138 |
commissioners of a township park district may enforce the laws of | 2139 |
the state and the regulations of the board within and adjacent to | 2140 |
the lands under the jurisdiction and control of the board or when | 2141 |
acting as authorized by section 511.235 or 511.236 of the Revised | 2142 |
Code. Before exercising those powers, the designated employees | 2143 |
shall comply with the certification requirement established in | 2144 |
section 109.77 of the Revised Code, take an oath, and give a bond | 2145 |
to the state, in the sum that the board prescribes, for the proper | 2146 |
performance of their duties. This division is subject to division | 2147 |
(C) of this section. | 2148 |
(C)(1) The board of park commissioners of a township park | 2149 |
district shall not designate an employee as provided in division | 2150 |
(B) of this section on a permanent basis, on a temporary basis, | 2151 |
for a probationary term, or on other than a permanent basis if the | 2152 |
employee previously has been convicted of or has pleaded guilty to | 2153 |
a felony. | 2154 |
(2)(a) The board of park commissioners of a township park | 2155 |
district shall terminate the employment of an employee designated | 2156 |
as provided in division (B) of this section if the employee does | 2157 |
either of the following: | 2158 |
(i) Pleads guilty to a felony; | 2159 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2160 |
plea agreement as provided in division
(D) of section
| 2161 |
2929.43 of the Revised Code in which the employee agrees to | 2162 |
surrender the certificate awarded to the employee under section | 2163 |
109.77 of the Revised Code. | 2164 |
(b) The board shall suspend from employment an employee | 2165 |
designated as provided in division (B) of this section if the | 2166 |
employee is convicted, after trial, of a felony. If the employee | 2167 |
files an appeal from that conviction and the conviction is upheld | 2168 |
by the highest court to which the appeal is taken or if the | 2169 |
employee does not file a timely appeal, the board shall terminate | 2170 |
the employment of that employee. If the employee files an appeal | 2171 |
that results in that employee's acquittal of the felony or | 2172 |
conviction of a misdemeanor, or in the dismissal of the felony | 2173 |
charge against the employee, the board shall reinstate that | 2174 |
employee. An employee who is reinstated under division (C)(2)(b) | 2175 |
of this section shall not receive any back pay unless that | 2176 |
employee's conviction of the felony was reversed on appeal, or the | 2177 |
felony charge was dismissed, because the court found insufficient | 2178 |
evidence to convict the employee of the felony. | 2179 |
(3) Division (C) of this section does not apply regarding an | 2180 |
offense that was committed prior to January 1, 1997. | 2181 |
(4) The suspension from employment, or the termination of | 2182 |
the employment, of an employee under division (C)(2) of this | 2183 |
section shall be in accordance with Chapter 119. of the Revised | 2184 |
Code. | 2185 |
Sec. 737.052. (A) As used in this section, "felony" has the | 2186 |
same meaning as in section 109.511 of the Revised Code. | 2187 |
(B)(1) The director of public safety shall not appoint a | 2188 |
person as a chief of police, a member of the police department of | 2189 |
the municipal corporation, or an auxiliary police officer on a | 2190 |
permanent basis, on a temporary basis, for a probationary term, or | 2191 |
on other than a permanent basis if the person previously has been | 2192 |
convicted of or has pleaded guilty to a felony. | 2193 |
(2)(a) The director of public safety shall terminate the | 2194 |
employment of a chief of police, member of the police department, | 2195 |
or auxiliary police officer who does either of the following: | 2196 |
(i) Pleads guilty to a felony; | 2197 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2198 |
plea agreement as provided in division
(D) of section
| 2199 |
2929.43 of the Revised Code in which the chief of police, member | 2200 |
of the police department, or auxiliary police officer agrees to | 2201 |
surrender the certificate awarded to the chief of police, member | 2202 |
of the police department, or auxiliary police officer under | 2203 |
section 109.77 of the Revised Code. | 2204 |
(b) The director shall suspend from employment a chief of | 2205 |
police, member of the police department, or auxiliary police | 2206 |
officer who is convicted, after trial, of a felony. If the chief | 2207 |
of police, member of the police department, or auxiliary police | 2208 |
officer files an appeal from that conviction and the conviction is | 2209 |
upheld by the highest court to which the appeal is taken or if the | 2210 |
chief of police, member of the police department, or auxiliary | 2211 |
police officer does not file a timely appeal, the director shall | 2212 |
terminate that person's employment. If the chief of police, | 2213 |
member of the police department, or auxiliary police officer files | 2214 |
an appeal that results in that person's acquittal of the felony or | 2215 |
conviction of a misdemeanor, or in the dismissal of the felony | 2216 |
charge against that person, the director shall reinstate that | 2217 |
person. A chief of police, member of the police department, or | 2218 |
auxiliary police officer who is reinstated under division | 2219 |
(B)(2)(b) of this section shall not receive any back pay unless | 2220 |
that person's conviction of the felony was reversed on appeal, or | 2221 |
the felony charge was dismissed, because the court found | 2222 |
insufficient evidence to convict that person of the felony. | 2223 |
(3) Division (B) of this section does not apply regarding an | 2224 |
offense that was committed prior to January 1, 1997. | 2225 |
(4) The suspension from employment, or the termination of | 2226 |
the employment, of the chief of police, member of the police | 2227 |
department, or auxiliary police officer under division (B)(2) of | 2228 |
this section shall be in accordance with Chapter 119. of the | 2229 |
Revised Code. | 2230 |
Sec. 737.162. (A) As used in this section, "felony" has the | 2231 |
same meaning as in section 109.511 of the Revised Code. | 2232 |
(B)(1) The mayor shall not appoint a person as a marshal, a | 2233 |
deputy marshal, a police officer, a night watchperson, a special | 2234 |
police officer, or an auxiliary police officer on a permanent | 2235 |
basis, on a temporary basis, for a probationary term, or on other | 2236 |
than a permanent basis if the person previously has been convicted | 2237 |
of or has pleaded guilty to a felony. | 2238 |
(2)(a) The mayor shall terminate the employment of a | 2239 |
marshal, deputy marshal, police officer, night watchperson, | 2240 |
special police officer, or auxiliary police officer who does | 2241 |
either of the following: | 2242 |
(i) Pleads guilty to a felony; | 2243 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2244 |
plea agreement as provided in division
(D) of section
| 2245 |
2929.43 of the Revised Code in which the marshal, deputy marshal, | 2246 |
police officer, night watchperson, special police officer, or | 2247 |
auxiliary police officer agrees to surrender the certificate | 2248 |
awarded to that person under section 109.77 of the Revised Code. | 2249 |
(b) The mayor shall suspend from employment a marshal, | 2250 |
deputy marshal, police officer, night watchperson, special police | 2251 |
officer, or auxiliary police officer who is convicted, after | 2252 |
trial, of a felony. If the marshal, deputy marshal, police | 2253 |
officer, night watchperson, special police officer, or auxiliary | 2254 |
police officer files an appeal from that conviction and the | 2255 |
conviction is upheld by the highest court to which the appeal is | 2256 |
taken or if that person does not file a timely appeal, the mayor | 2257 |
shall terminate that person's employment. If the marshal, deputy | 2258 |
marshal, police officer, night watchperson, special police | 2259 |
officer, or auxiliary police officer files an appeal that results | 2260 |
in that person's acquittal of the felony or conviction of a | 2261 |
misdemeanor, or in the dismissal of the felony charge against that | 2262 |
person, the mayor shall reinstate that person. A marshal, deputy | 2263 |
marshal, police officer, night watchperson, special police | 2264 |
officer, or auxiliary police officer who is reinstated under | 2265 |
division (B)(2)(b) of this section shall not receive any back pay | 2266 |
unless that person's conviction of the felony was reversed on | 2267 |
appeal, or the felony charge was dismissed, because the court | 2268 |
found insufficient evidence to convict that person of the felony. | 2269 |
(3) Division (B) of this section does not apply regarding an | 2270 |
offense that was committed prior to January 1, 1997. | 2271 |
(4) The suspension from employment, or the termination of | 2272 |
the employment, of a marshal, deputy marshal, police officer, | 2273 |
night watchperson, special police officer, or auxiliary police | 2274 |
officer under division (B)(2) of this section shall be in | 2275 |
accordance with Chapter 119. of the Revised Code. | 2276 |
Sec. 737.41. (A) The legislative authority of a municipal | 2277 |
corporation in which is established a municipal court, other than | 2278 |
a county-operated municipal court, that has a department of | 2279 |
probation shall establish in the municipal treasury a municipal | 2280 |
probation services fund. The fund shall contain all moneys paid | 2281 |
to the treasurer of the municipal corporation under section | 2282 |
2951.021 of the Revised Code for deposit into the fund. The | 2283 |
treasurer of the municipal corporation shall disburse the money | 2284 |
contained in the fund at the request of the municipal court | 2285 |
department of probation, for use only by that department for | 2286 |
specialized staff, purchase of equipment, purchase of services, | 2287 |
reconciliation programs for offenders and victims, other treatment | 2288 |
programs, including alcohol and drug addiction programs certified | 2289 |
under section 3793.06 of the Revised Code, determined to be | 2290 |
appropriate by the chief probation officer, and other similar | 2291 |
2292 | |
community control sanction. | 2293 |
(B) Any money in a municipal probation services fund at the | 2294 |
end of a fiscal year shall not revert to the treasury of the | 2295 |
municipal corporation but shall be retained in the fund. | 2296 |
(C) As used in this section | 2297 |
(1) "County-operated municipal court" has the same meaning as | 2298 |
in section 1901.03 of the Revised Code. | 2299 |
(2) "Community control sanction" has the same meaning as in | 2300 |
section 2929.01 of the Revised Code. | 2301 |
Sec. 753.02. (A) The legislative authority of a municipal | 2302 |
corporation shall provide by ordinance for sustaining all persons | 2303 |
sentenced to or confined in a prison or station house at the | 2304 |
expense of the municipal corporation, and in counties where | 2305 |
prisons or station houses are in quarters leased from the board of | 2306 |
county commissioners, may contract with the board for the care and | 2307 |
maintenance of those persons by the sheriff or other person | 2308 |
charged with the care and maintenance of county prisoners. On the | 2309 |
presentation of bills for food, sustenance, and necessary | 2310 |
supplies, to the proper officer, certified by the person whom the | 2311 |
legislative authority designates, the officer shall audit the | 2312 |
bills under the rules prescribed by the legislative authority, and | 2313 |
draw the officer's order on the treasurer of the municipal | 2314 |
corporation in favor of the person presenting the bill. | 2315 |
(B) Pursuant to section 2929.37 of the Revised Code, the | 2316 |
legislative authority of the municipal corporation may require a | 2317 |
person who was convicted of an offense and who is confined in a | 2318 |
prison or station house as provided in division (A) of this | 2319 |
section, or a person who was convicted of an offense and who is | 2320 |
confined in the county jail as provided in section 1905.35 of the | 2321 |
Revised Code, to reimburse the municipal corporation for its | 2322 |
expenses incurred by reason of the person's confinement. | 2323 |
(C) Notwithstanding any contrary provision in this section | 2324 |
or section
2929.18,
| 2325 |
Revised Code, the legislative authority of the municipal | 2326 |
corporation may establish a policy that complies with section | 2327 |
2929.38 of the Revised Code and that requires any person who is | 2328 |
not indigent and who is confined in a prison or station house to | 2329 |
pay a reception fee, a fee for any medical treatment or service | 2330 |
requested by and provided to that person, or the fee for a random | 2331 |
drug test assessed under division (E) of section 753.33 of the | 2332 |
Revised Code. | 2333 |
(D) If a person who has been convicted of or pleaded guilty | 2334 |
to an offense is sentenced to a term of imprisonment in a prison | 2335 |
or station house as described in division (A) of this section, or | 2336 |
if a person who has been arrested for an offense, and who has been | 2337 |
denied bail or has had bail set and has not been released on bail | 2338 |
is confined in a prison or station house as described in division | 2339 |
(A) of this section pending trial, at the time of reception and at | 2340 |
other times the person in charge of the operation of the prison or | 2341 |
station house determines to be appropriate, the person in charge | 2342 |
of the operation of the prison or station house may cause the | 2343 |
convicted or accused offender to be examined and tested for | 2344 |
tuberculosis, HIV infection, hepatitis, including, but not limited | 2345 |
to, hepatitis A, B, and C, and other contagious diseases. The | 2346 |
person in charge of the operation of the prison or station house | 2347 |
may cause a convicted or accused offender in the prison or station | 2348 |
house who refuses to be tested or treated for tuberculosis, HIV | 2349 |
infection, hepatitis, including, but not limited to, hepatitis A, | 2350 |
B, and C, or another contagious disease to be tested and treated | 2351 |
involuntarily. | 2352 |
Sec. 753.04. (A) When a person over sixteen years of age is | 2353 |
convicted of an offense under the law of this state or an | 2354 |
ordinance of a municipal corporation, and the tribunal before | 2355 |
which the conviction is had is authorized by law to commit the | 2356 |
offender to the county jail or municipal corporation prison, the | 2357 |
court, mayor, or judge of the county court, as the case may be, | 2358 |
may sentence the offender to a workhouse. | 2359 |
When a commitment is made from a municipal corporation or | 2360 |
township in the county, other than in a municipal corporation | 2361 |
having a workhouse, the legislative authority of the municipal | 2362 |
corporation or the board of township trustees shall transmit with | 2363 |
the mittimus a sum of money equal to not less than seventy cents | 2364 |
per day for the time of the commitment, to be placed in the hands | 2365 |
of the superintendent of a workhouse for the care and maintenance | 2366 |
of the prisoner. | 2367 |
(B) Pursuant to section 2929.37 of the Revised Code, the | 2368 |
legislative authority of the municipal corporation or the board of | 2369 |
township trustees may require a person who is convicted of an | 2370 |
offense and who is confined in a workhouse as provided in division | 2371 |
(A) of this section, to reimburse the municipal corporation or the | 2372 |
township, as the case may be, for its expenses incurred by reason | 2373 |
of the person's confinement. | 2374 |
(C) Notwithstanding any contrary provision in this section | 2375 |
or section
2929.18,
| 2376 |
Revised Code, the legislative authority of the municipal | 2377 |
corporation or board of township trustees may establish a policy | 2378 |
that complies with section 2929.38 of the Revised Code and that | 2379 |
requires any person who is not indigent and who is confined in the | 2380 |
workhouse under division (A) of this section to pay a reception | 2381 |
fee, a fee for any medical treatment or service requested by and | 2382 |
provided to that person, or the fee for a random drug test | 2383 |
assessed under division (E) of section 753.33 of the Revised Code. | 2384 |
(D) If a person who has been convicted of or pleaded guilty | 2385 |
to an offense is incarcerated in a workhouse or if a person who | 2386 |
has been arrested for an offense, and who has not been denied bail | 2387 |
or has had bail set and has not been released on bail is confined | 2388 |
in a workhouse pending trial, at the time of reception and at | 2389 |
other times the person in charge of the operation of the workhouse | 2390 |
determines to be appropriate, the person in charge of the | 2391 |
operation of the workhouse may cause the convicted or accused | 2392 |
offender to be examined and tested for tuberculosis, HIV | 2393 |
infection, hepatitis, including, but not limited to, hepatitis A, | 2394 |
B, and C, and other contagious diseases. The person in charge of | 2395 |
the operation of the workhouse may cause a convicted or accused | 2396 |
offender in the workhouse who refuses to be tested or treated for | 2397 |
tuberculosis, HIV infection, hepatitis, including, but not limited | 2398 |
to, hepatitis A, B, and C, or another contagious disease to be | 2399 |
tested and treated involuntarily. | 2400 |
Sec. 753.16. (A) Any city or district having a workhouse | 2401 |
may receive as inmates of the workhouse persons sentenced or | 2402 |
committed to it from counties other than the one in which the | 2403 |
workhouse is situated, upon the terms and during the length of | 2404 |
time agreed upon by the boards of county commissioners of those | 2405 |
counties, or by the legislative authority of a municipal | 2406 |
corporation in those counties and the legislative authority of the | 2407 |
city, or the board of the district workhouse, or other authority | 2408 |
having the management and control of the workhouse. Prisoners so | 2409 |
received shall in all respects be and remain under the control of | 2410 |
that authority, and shall be subject to the rules and discipline | 2411 |
of the workhouse to which the other prisoners detained in the | 2412 |
workhouse are subject. | 2413 |
(B) Prior to the acceptance for housing into a jail or | 2414 |
workhouse of persons who are designated by the department of | 2415 |
rehabilitation and correction, who plead guilty to or are | 2416 |
convicted of a felony of the fourth or fifth degree, and who | 2417 |
satisfy the other requirements listed in section 5120.161 of the | 2418 |
Revised Code, the legislative authority of a municipal corporation | 2419 |
having a jail or workhouse, or the joint board managing and | 2420 |
controlling a workhouse for the joint use of a municipal | 2421 |
corporation and a county shall enter into an agreement with the | 2422 |
department of rehabilitation and correction under section 5120.161 | 2423 |
of the Revised Code for the housing in the jail or workhouse of | 2424 |
persons who are designated by the department, who plead guilty to | 2425 |
or are convicted of a felony of the fourth or fifth degree, and | 2426 |
who satisfy the other requirements listed in that section, in | 2427 |
exchange for a per diem fee per person. Persons incarcerated in | 2428 |
the jail or workhouse pursuant to an agreement of that nature | 2429 |
shall be subject to supervision and control in the manner | 2430 |
described in section 5120.161 of the Revised Code. This division | 2431 |
does not affect the authority of a court to directly sentence a | 2432 |
person who is convicted of or pleads guilty to a felony to the | 2433 |
jail or workhouse in accordance with section 2929.16 of the | 2434 |
Revised Code. | 2435 |
(C) Pursuant to section 2929.37 of the Revised Code, the | 2436 |
board of county commissioners, the legislative authority of the | 2437 |
municipal corporation, or the board or other managing authority of | 2438 |
the district workhouse may require a person who was convicted of | 2439 |
an offense and who is confined in the workhouse as provided in | 2440 |
division (A) of this section, to reimburse the county, municipal | 2441 |
corporation, or district, as the case may be, for its expenses | 2442 |
incurred by reason of the person's confinement. | 2443 |
(D) Notwithstanding any contrary provision in this section or | 2444 |
section | 2445 |
Revised Code, the board of county commissioners, the legislative | 2446 |
authority of a municipal corporation, or the board or other | 2447 |
managing authority of the district workhouse may establish a | 2448 |
policy that complies with section 2929.38 of the Revised Code and | 2449 |
that requires any person who is not indigent and who is confined | 2450 |
in the jail or workhouse under division (A) or (B) of this section | 2451 |
to pay a reception fee, a fee for any medical treatment or | 2452 |
service requested by and provided to that person, or the fee for | 2453 |
a random drug test assessed under division (E) of section 753.33 | 2454 |
of the Revised Code. | 2455 |
(E) If a person who has been convicted of or pleaded guilty | 2456 |
to an offense is confined in the workhouse as provided in division | 2457 |
(A) of this section or is incarcerated in the workhouse in the | 2458 |
manner described in division (B) of this section, or if a person | 2459 |
who has been arrested for an offense, and who has been denied bail | 2460 |
or has had bail set and has not been released on bail is confined | 2461 |
in the workhouse pending trial, at the time of reception and at | 2462 |
other times the person in charge of the operation of the workhouse | 2463 |
determines to be appropriate, the person in charge of the | 2464 |
operation of the workhouse may cause the convicted or accused | 2465 |
offender to be examined and tested for tuberculosis, HIV | 2466 |
infection, hepatitis, including but not limited to hepatitis A, B, | 2467 |
and C, and other contagious diseases. The person in charge of the | 2468 |
operation of the workhouse may cause a convicted or accused | 2469 |
offender in the workhouse who refuses to be tested or treated for | 2470 |
tuberculosis, HIV infection, hepatitis, including but not limited | 2471 |
to hepatitis A, B, and C, or another contagious disease to be | 2472 |
tested and treated involuntarily. | 2473 |
Sec. 1501.013. (A) Subject to division (B) of this section, | 2474 |
the director of natural resources may designate an employee of the | 2475 |
department of natural resources as a natural resources law | 2476 |
enforcement staff officer. Such an officer may do any or all of | 2477 |
the following: | 2478 |
(1) Coordinate the law enforcement activities, training, and | 2479 |
policies of the department; | 2480 |
(2) Serve as the department's liaison with other law | 2481 |
enforcement agencies and jurisdictions and as the director's | 2482 |
representative regarding law enforcement activities; | 2483 |
(3) Conduct internal investigations of employees of the | 2484 |
department as necessary; | 2485 |
(4) Perform other functions related to the department's law | 2486 |
enforcement activities, training, and policies that the director | 2487 |
assigns to the officer. | 2488 |
A natural resources law enforcement staff officer, on any | 2489 |
lands or waters owned, controlled, maintained, or administered by | 2490 |
the department, has the authority specified under section 2935.03 | 2491 |
of the Revised Code for peace officers of the department of | 2492 |
natural resources to keep the peace, to enforce all laws and rules | 2493 |
governing those lands and waters, and to make arrests for | 2494 |
violation of those laws and rules. | 2495 |
The governor, upon the recommendation of the director, shall | 2496 |
issue to a natural resources law enforcement staff officer a | 2497 |
commission indicating authority to make arrests as provided in | 2498 |
division (A) of this section. | 2499 |
The director shall furnish a suitable badge to a commissioned | 2500 |
natural resources law enforcement staff officer as evidence of | 2501 |
that officer's authority. | 2502 |
(B)(1) As used in division (B) of this section, "felony" has | 2503 |
the same meaning as in section 109.511 of the Revised Code. | 2504 |
(2) The director shall not designate a person as a natural | 2505 |
resources law enforcement staff officer under division (A) of this | 2506 |
section on a permanent basis, on a temporary basis, for a | 2507 |
probationary term, or on other than a permanent basis if the | 2508 |
person previously has been convicted of or has pleaded guilty to a | 2509 |
felony. | 2510 |
(3) The director shall terminate the employment as a natural | 2511 |
resources law enforcement staff officer of a person designated as | 2512 |
such an officer if that person does either of the following: | 2513 |
(a) Pleads guilty to a felony; | 2514 |
(b) Pleads guilty to a misdemeanor pursuant to a negotiated | 2515 |
plea agreement as provided in division
(D) of section
| 2516 |
2929.43 of the Revised Code in which the natural resources law | 2517 |
enforcement staff officer agrees to surrender the certificate | 2518 |
awarded to that officer under section 109.77 of the Revised Code. | 2519 |
(4) The director shall suspend from employment as a natural | 2520 |
resources law enforcement staff officer a person designated as | 2521 |
such an officer if that person is convicted, after trial, of a | 2522 |
felony. If the natural resources law enforcement staff officer | 2523 |
files an appeal from that conviction and the conviction is upheld | 2524 |
by the highest court to which the appeal is taken, or if the | 2525 |
officer does not file a timely appeal, the director shall | 2526 |
terminate the employment of the natural resources law enforcement | 2527 |
staff officer. If the natural resources law enforcement staff | 2528 |
officer files an appeal that results in the officer's acquittal of | 2529 |
the felony or conviction of a misdemeanor, or in the dismissal of | 2530 |
the felony charge against the officer, the director shall | 2531 |
reinstate the natural resources law enforcement staff officer. A | 2532 |
natural resources law enforcement staff officer who is reinstated | 2533 |
under division (B)(4) of this section shall not receive any back | 2534 |
pay unless the officer's conviction of the felony was reversed on | 2535 |
appeal, or the felony charge was dismissed, because the court | 2536 |
found insufficient evidence to convict the officer of the felony. | 2537 |
(5) Division (B) of this section does not apply regarding an | 2538 |
offense that was committed prior to January 1, 1999. | 2539 |
(6) The suspension from employment, or the termination of | 2540 |
the employment, of a natural resources law enforcement staff | 2541 |
officer under division (B)(3) or (4) of this section shall be in | 2542 |
accordance with Chapter 119. of the Revised Code. | 2543 |
Sec. 1503.29. (A) As used in this section, "felony" has the | 2544 |
same meaning as in section 109.511 of the Revised Code. | 2545 |
(B)(1) Subject to division (D) of this section, any person | 2546 |
employed by the chief of the division of forestry for | 2547 |
administrative service in a state forest may be designated by the | 2548 |
chief and known as a forest officer. A forest officer, on any | 2549 |
lands or waters owned, controlled, maintained, or administered by | 2550 |
the department of natural resources and on highways, as defined in | 2551 |
section 4511.01 of the Revised Code, adjacent to lands and waters | 2552 |
owned, controlled, maintained, or administered by the division of | 2553 |
forestry, has the authority specified under section 2935.03 of the | 2554 |
Revised Code for peace officers of the department of natural | 2555 |
resources to keep the peace, to enforce all laws and rules | 2556 |
governing those lands and waters, and to make arrests for | 2557 |
violation of those laws and rules, provided that the authority | 2558 |
shall be exercised on lands or waters administered by another | 2559 |
division of the department only pursuant to an agreement with the | 2560 |
chief of that division or to a request for assistance by an | 2561 |
enforcement officer of that division in an emergency. | 2562 |
(2) A forest officer, in or along any watercourse within, | 2563 |
abutting, or upstream from the boundary of any area administered | 2564 |
by the department, has the authority to enforce section 3767.32 of | 2565 |
the Revised Code and other laws prohibiting the dumping of refuse | 2566 |
into or along waters and to make arrests for violation of those | 2567 |
laws. The jurisdiction of forest officers shall be concurrent | 2568 |
with that of the peace officers of the county, township, or | 2569 |
municipal corporation in which the violation occurs. | 2570 |
(3) A forest officer may enter upon private and public lands | 2571 |
to investigate an alleged violation of, and may enforce, this | 2572 |
chapter and sections 2909.02, 2909.03, and 2909.06 of the Revised | 2573 |
Code when the alleged violation or other act pertains to forest | 2574 |
fires. | 2575 |
(C)(1) A forest officer may render assistance to a state or | 2576 |
local law enforcement officer at the request of that officer or | 2577 |
may render assistance to a state or local law enforcement officer | 2578 |
in the event of an emergency. Forest officers serving outside the | 2579 |
division of forestry under this section or serving under the terms | 2580 |
of a mutual aid compact authorized under section 1501.02 of the | 2581 |
Revised Code shall be considered as performing services within | 2582 |
their regular employment for the purposes of compensation, pension | 2583 |
or indemnity fund rights, workers' compensation, and other rights | 2584 |
or benefits to which they may be entitled as incidents of their | 2585 |
regular employment. | 2586 |
(2) Forest officers serving outside the division of forestry | 2587 |
under this section or under a mutual aid compact retain personal | 2588 |
immunity from civil liability as specified in section 9.86 of the | 2589 |
Revised Code and shall not be considered an employee of a | 2590 |
political subdivision for purposes of Chapter 2744. of the Revised | 2591 |
Code. A political subdivision that uses forest officers under | 2592 |
this section or under the terms of a mutual aid compact authorized | 2593 |
under section 1501.02 of the Revised Code is not subject to civil | 2594 |
liability under Chapter 2744. of the Revised Code as the result of | 2595 |
any action or omission of any forest officer acting under this | 2596 |
section or under a mutual aid compact. | 2597 |
(D)(1) The chief of the division of forestry shall not | 2598 |
designate a person as a forest officer pursuant to division (B)(1) | 2599 |
of this section on a permanent basis, on a temporary basis, for a | 2600 |
probationary term, or on other than a permanent basis if the | 2601 |
person previously has been convicted of or has pleaded guilty to a | 2602 |
felony. | 2603 |
(2)(a) The chief of the division of forestry shall terminate | 2604 |
the employment as a forest officer of a person designated as a | 2605 |
forest officer under division (B)(1) of this section if that | 2606 |
person does either of the following: | 2607 |
(i) Pleads guilty to a felony; | 2608 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2609 |
plea agreement as provided in division
(D) of section
| 2610 |
2929.43 of the Revised Code in which the forest officer agrees to | 2611 |
surrender the certificate awarded to the forest officer under | 2612 |
section 109.77 of the Revised Code. | 2613 |
(b) The chief shall suspend from employment as a forest | 2614 |
officer a person designated as a forest officer under division | 2615 |
(B)(1) of this section if that person is convicted, after trial, | 2616 |
of a felony. If the forest officer files an appeal from that | 2617 |
conviction and the conviction is upheld by the highest court to | 2618 |
which the appeal is taken or if the forest officer does not file a | 2619 |
timely appeal, the chief shall terminate the employment of that | 2620 |
forest officer. If the forest officer files an appeal that | 2621 |
results in that forest officer's acquittal of the felony or | 2622 |
conviction of a misdemeanor, or in the dismissal of the felony | 2623 |
charge against the forest officer, the chief shall reinstate that | 2624 |
forest officer. A forest officer who is reinstated under division | 2625 |
(D)(2)(b) of this section shall not receive any back pay unless | 2626 |
that forest officer's conviction of the felony was reversed on | 2627 |
appeal, or the felony charge was dismissed, because the court | 2628 |
found insufficient evidence to convict the forest officer of the | 2629 |
felony. | 2630 |
(3) Division (D) of this section does not apply regarding an | 2631 |
offense that was committed prior to January 1, 1997. | 2632 |
(4) The suspension from employment, or the termination of | 2633 |
the employment, of a forest officer under division (D)(2) of this | 2634 |
section shall be in accordance with Chapter 119. of the Revised | 2635 |
Code. | 2636 |
Sec. 1517.10. (A) As used in this section, "felony" has the | 2637 |
same meaning as in section 109.511 of the Revised Code. | 2638 |
(B)(1) Any person selected by the chief of the division of | 2639 |
natural areas and preserves for custodial or patrol service on the | 2640 |
lands and waters operated or administered by the division shall be | 2641 |
employed in conformity with the law applicable to the classified | 2642 |
civil service of the state. Subject to division (C) of this | 2643 |
section, the chief may designate that person as a preserve | 2644 |
officer. A preserve officer, in any nature preserve, in any | 2645 |
natural area owned or managed through easement, license, or lease | 2646 |
by the department of natural resources and administered by the | 2647 |
division, and on lands owned or managed through easement, license, | 2648 |
or lease by the department and administered by the division that | 2649 |
are within or adjacent to any wild, scenic, or recreational river | 2650 |
area established under this chapter and along any trail | 2651 |
established under Chapter 1519. of the Revised Code, has the | 2652 |
authority specified under section 2935.03 of the Revised Code for | 2653 |
peace officers of the department of natural resources to keep the | 2654 |
peace, to enforce all laws and rules governing those lands and | 2655 |
waters, and to make arrests for violation of those laws and rules, | 2656 |
provided that the authority shall be exercised on lands or waters | 2657 |
administered by another division of the department only pursuant | 2658 |
to an agreement with the chief of that division or to a request | 2659 |
for assistance by an enforcement officer of that division in an | 2660 |
emergency. A preserve officer, in or along any watercourse | 2661 |
within, abutting, or upstream from the boundary of any area | 2662 |
administered by the department, has the authority to enforce | 2663 |
section 3767.32 of the Revised Code and any other laws prohibiting | 2664 |
the dumping of refuse into or along waters and to make arrests for | 2665 |
violation of those laws. The jurisdiction of a preserve officer | 2666 |
shall be concurrent with that of the peace officers of the county, | 2667 |
township, or municipal corporation in which the violation occurs. | 2668 |
The governor, upon the recommendation of the chief, shall | 2669 |
issue to each preserve officer a commission indicating authority | 2670 |
to make arrests as provided in this section. | 2671 |
The chief shall furnish a suitable badge to each commissioned | 2672 |
preserve officer as evidence of the preserve officer's authority. | 2673 |
(2) If any person employed under this section is designated | 2674 |
by the chief to act as an agent of the state in the collection of | 2675 |
money resulting from the sale of licenses, fees of any nature, or | 2676 |
other money belonging to the state, the chief shall require a | 2677 |
surety bond from the person in an amount not less than one | 2678 |
thousand dollars. | 2679 |
(C)(1) The chief of the division of natural areas and | 2680 |
preserves shall not designate a person as a preserve officer | 2681 |
pursuant to division (B)(1) of this section on a permanent basis, | 2682 |
on a temporary basis, for a probationary term, or on other than a | 2683 |
permanent basis if the person previously has been convicted of or | 2684 |
has pleaded guilty to a felony. | 2685 |
(2)(a) The chief of the division of natural areas and | 2686 |
preserves shall terminate the employment as a preserve officer of | 2687 |
a person designated as a preserve officer under division (B)(1) of | 2688 |
this section if that person does either of the following: | 2689 |
(i) Pleads guilty to a felony; | 2690 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2691 |
plea agreement as provided in division
(D) of section
| 2692 |
2929.43 of the Revised Code in which the preserve officer agrees | 2693 |
to surrender the certificate awarded to the preserve officer under | 2694 |
section 109.77 of the Revised Code. | 2695 |
(b) The chief shall suspend from employment as a preserve | 2696 |
officer a person designated as a preserve officer under division | 2697 |
(B)(1) of this section if that person is convicted, after trial, | 2698 |
of a felony. If the preserve officer files an appeal from that | 2699 |
conviction and the conviction is upheld by the highest court to | 2700 |
which the appeal is taken or if the preserve officer does not file | 2701 |
a timely appeal, the chief shall terminate the employment of that | 2702 |
preserve officer. If the preserve officer files an appeal that | 2703 |
results in the preserve officer's acquittal of the felony or | 2704 |
conviction of a misdemeanor, or in the dismissal of the felony | 2705 |
charge against the preserve officer, the chief shall reinstate | 2706 |
that preserve officer. A preserve officer who is reinstated under | 2707 |
division (C)(2)(b) of this section shall not receive any back pay | 2708 |
unless that preserve officer's conviction of the felony was | 2709 |
reversed on appeal, or the felony charge was dismissed, because | 2710 |
the court found insufficient evidence to convict the preserve | 2711 |
officer of the felony. | 2712 |
(3) Division (C) of this section does not apply regarding an | 2713 |
offense that was committed prior to January 1, 1997. | 2714 |
(4) The suspension from employment, or the termination of | 2715 |
the employment, of a preserve officer under division (C)(2) of | 2716 |
this section shall be in accordance with Chapter 119. of the | 2717 |
Revised Code. | 2718 |
Sec. 1531.132. (A) As used in this section, "felony" has | 2719 |
the same meaning as in section 109.511 of the Revised Code. | 2720 |
(B)(1) The chief of the division of wildlife shall not | 2721 |
designate a person as a game protector on a permanent basis, on a | 2722 |
temporary basis, for a probationary term, or on other than a | 2723 |
permanent basis if the person previously has been convicted of or | 2724 |
has pleaded guilty to a felony. | 2725 |
(2)(a) The chief of the division of wildlife shall terminate | 2726 |
the employment of a person as a game protector if that person does | 2727 |
either of the following: | 2728 |
(i) Pleads guilty to a felony; | 2729 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2730 |
plea agreement as provided in division
(D) of section
| 2731 |
2929.43 of the Revised Code in which the game protector agrees to | 2732 |
surrender the certificate awarded to the game protector under | 2733 |
section 109.77 of the Revised Code. | 2734 |
(b) The chief shall suspend from employment as a game | 2735 |
protector a person designated as a game protector if that person | 2736 |
is convicted, after trial, of a felony. If the game protector | 2737 |
files an appeal from that conviction and the conviction is upheld | 2738 |
by the highest court to which the appeal is taken or if the game | 2739 |
protector does not file a timely appeal, the chief shall terminate | 2740 |
the employment of that game protector. If the game protector | 2741 |
files an appeal that results in the game protector's acquittal of | 2742 |
the felony or conviction of a misdemeanor, or in the dismissal of | 2743 |
the felony charge against the game protector, the chief shall | 2744 |
reinstate that game protector. A game protector who is reinstated | 2745 |
under division (B)(2)(b) of this section shall not receive any | 2746 |
back pay unless that game protector's conviction of the felony was | 2747 |
reversed on appeal, or the felony charge was dismissed, because | 2748 |
the court found insufficient evidence to convict the game | 2749 |
protector of the felony. | 2750 |
(3) Division (B) of this section does not apply regarding an | 2751 |
offense that was committed prior to January 1, 1997. | 2752 |
(4) The suspension from employment, or the termination of | 2753 |
the employment, of a game protector under division (B)(2) of this | 2754 |
section shall be in accordance with Chapter 119. of the Revised | 2755 |
Code. | 2756 |
Sec. 1541.11. (A) As used in this section, "felony" has the | 2757 |
same meaning as in section 109.511 of the Revised Code. | 2758 |
(B)(1) The chief of the division of parks and recreation | 2759 |
shall not designate a person as a park officer under section | 2760 |
1541.10 of the Revised Code on a permanent basis, on a temporary | 2761 |
basis, for a probationary term, or on other than a permanent basis | 2762 |
if the person previously has been convicted of or has pleaded | 2763 |
guilty to a felony. | 2764 |
(2)(a) The chief of the division of parks and recreation | 2765 |
shall terminate the employment as a park officer of a person | 2766 |
designated as a park officer under section 1541.10 of the Revised | 2767 |
Code if that person does either of the following: | 2768 |
(i) Pleads guilty to a felony; | 2769 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2770 |
plea agreement as provided in division
(D) of section
| 2771 |
2929.43 of the Revised Code in which the park officer agrees to | 2772 |
surrender the certificate awarded to the park officer under | 2773 |
section 109.77 of the Revised Code. | 2774 |
(b) The chief shall suspend from employment as a park | 2775 |
officer a person designated as a park officer if that person is | 2776 |
convicted, after trial, of a felony. If the park officer files an | 2777 |
appeal from that conviction and the conviction is upheld by the | 2778 |
highest court to which the appeal is taken or if the park officer | 2779 |
does not file a timely appeal, the chief shall terminate the | 2780 |
employment of that park officer. If the park officer files an | 2781 |
appeal that results in the park officer's acquittal of the felony | 2782 |
or conviction of a misdemeanor, or in the dismissal of the felony | 2783 |
charge against the park officer, the chief shall reinstate that | 2784 |
park officer. A park officer who is reinstated under division | 2785 |
(B)(2)(b) of this section shall not receive any back pay unless | 2786 |
that park officer's conviction of the felony was reversed on | 2787 |
appeal, or the felony charge was dismissed, because the court | 2788 |
found insufficient evidence to convict the park officer of the | 2789 |
felony. | 2790 |
(3) Division (B) of this section does not apply regarding an | 2791 |
offense that was committed prior to January 1, 1997. | 2792 |
(4) The suspension from employment, or the termination of | 2793 |
the employment, of a park officer under division (B)(2) of this | 2794 |
section shall be in in accordance with Chapter 119. of the Revised | 2795 |
Code. | 2796 |
Sec. 1545.13. (A) As used in this section, "felony" has the | 2797 |
same meaning as in section 109.511 of the Revised Code. | 2798 |
(B) The employees that the board of park commissioners | 2799 |
designates for that purpose may exercise all the powers of police | 2800 |
officers within and adjacent to the lands under the jurisdiction | 2801 |
and control of the board or when acting as authorized by section | 2802 |
1545.131 or 1545.132 of the Revised Code. Before exercising the | 2803 |
powers of police officers, the designated employees shall comply | 2804 |
with the certification requirement established in section 109.77 | 2805 |
of the Revised Code, take an oath, and give a bond to the state in | 2806 |
the sum that the board prescribes, for the proper performance of | 2807 |
their duties in that respect. This division is subject to division | 2808 |
(C) of this section. | 2809 |
(C)(1) The board of park commissioners shall not designate | 2810 |
an employee as provided in division (B) of this section on a | 2811 |
permanent basis, on a temporary basis, for a probationary term, or | 2812 |
on other than a permanent basis if the employee previously has | 2813 |
been convicted of or has pleaded guilty to a felony. | 2814 |
(2)(a) The board of park commissioners shall terminate the | 2815 |
employment of an employee designated as provided in division (B) | 2816 |
of this section if the employee does either of the following: | 2817 |
(i) Pleads guilty to a felony; | 2818 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2819 |
plea agreement as provided in division
(D) of section
| 2820 |
2929.43 of the Revised Code in which the employee agrees to | 2821 |
surrender the certificate awarded to the employee under section | 2822 |
109.77 of the Revised Code. | 2823 |
(b) The board shall suspend from employment an employee | 2824 |
designated as provided in division (B) of this section if the | 2825 |
employee is convicted, after trial, of a felony. If the employee | 2826 |
files an appeal from that conviction and the conviction is upheld | 2827 |
by the highest court to which the appeal is taken or if the | 2828 |
employee does not file a timely appeal, the board shall terminate | 2829 |
the employment of that employee. If the employee files an appeal | 2830 |
that results in the employee's acquittal of the felony or | 2831 |
conviction of a misdemeanor, or in the dismissal of the felony | 2832 |
charge against the employee, the board shall reinstate that | 2833 |
employee. An employee who is reinstated under division (C)(2)(b) | 2834 |
of this section shall not receive any back pay unless that | 2835 |
employee's conviction of the felony was reversed on appeal, or the | 2836 |
felony charge was dismissed, because the court found insufficient | 2837 |
evidence to convict the employee of the felony. | 2838 |
(3) Division (C) of this section does not apply regarding an | 2839 |
offense that was committed prior to January 1, 1995. | 2840 |
(4) The suspension from employment, or the termination of | 2841 |
the employment, of an employee under division (C)(2) of this | 2842 |
section shall be in accordance with Chapter 119. of the Revised | 2843 |
Code. | 2844 |
Sec. 1547.523. (A) As used in this section, "felony" has | 2845 |
the same meaning as in section 109.511 of the Revised Code. | 2846 |
(B)(1) The chief of the division of watercraft shall not | 2847 |
appoint a person as a state watercraft officer on a permanent | 2848 |
basis, on a temporary basis, for a probationary term, or on other | 2849 |
than a permanent basis if the person previously has been convicted | 2850 |
of or has pleaded guilty to a felony. | 2851 |
(2)(a) The chief of the division of watercraft shall | 2852 |
terminate the employment of a state watercraft officer who does | 2853 |
either of the following: | 2854 |
(i) Pleads guilty to a felony; | 2855 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 2856 |
plea agreement as provided in division
(D) of section
| 2857 |
2929.43 of the Revised Code in which the state watercraft officer | 2858 |
agrees to surrender the certificate awarded to that officer under | 2859 |
section 109.77 of the Revised Code. | 2860 |
(b) The chief shall suspend from employment a state | 2861 |
watercraft officer who is convicted, after trial, of a felony. If | 2862 |
the state watercraft officer files an appeal from that conviction | 2863 |
and the conviction is upheld by the highest court to which the | 2864 |
appeal is taken or if the state watercraft officer does not file a | 2865 |
timely appeal, the chief shall terminate the employment of that | 2866 |
state watercraft officer. If the state watercraft officer files | 2867 |
an appeal that results in the state watercraft officer's acquittal | 2868 |
of the felony or conviction of a misdemeanor, or in the dismissal | 2869 |
of the felony charge against the state watercraft officer, the | 2870 |
chief shall reinstate that state watercraft officer. A state | 2871 |
watercraft officer who is reinstated under division (B)(2)(b) of | 2872 |
this section shall not receive any back pay unless that state | 2873 |
watercraft officer's conviction of the felony was reversed on | 2874 |
appeal, or the felony charge was dismissed, because the court | 2875 |
found insufficient evidence to convict the state watercraft | 2876 |
officer of the felony. | 2877 |
(3) Division (B) of this section does not apply regarding an | 2878 |
offense that was committed prior to January 1, 1997. | 2879 |
(4) The suspension from employment, or the termination of | 2880 |
the employment, of a state watercraft officer under division | 2881 |
(B)(2) of this section shall be in accordance with Chapter 119. of | 2882 |
the Revised Code. | 2883 |
Sec. 1547.99. (A) Whoever violates section 1547.91 of the | 2884 |
Revised Code is guilty of a felony of the fourth degree. | 2885 |
(B) Whoever violates section 1547.10, division (I) of | 2886 |
section 1547.111, section 1547.13, or section 1547.66 of the | 2887 |
Revised Code is guilty of a misdemeanor of the first degree. | 2888 |
(C) Whoever violates a provision of this chapter or a rule | 2889 |
adopted thereunder, for which no penalty is otherwise provided, is | 2890 |
guilty of a minor misdemeanor. | 2891 |
(D) Whoever violates section 1547.07 or 1547.12 of the | 2892 |
Revised Code without causing injury to persons or damage to | 2893 |
property is guilty of a misdemeanor of the fourth degree. | 2894 |
(E) Whoever violates section 1547.07 or 1547.12 of the | 2895 |
Revised Code causing injury to persons or damage to property is | 2896 |
guilty of a misdemeanor of the third degree. | 2897 |
(F) Whoever violates division (M) of section 1547.54, | 2898 |
division (G) of section 1547.30, or section 1547.131, 1547.25, | 2899 |
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92 | 2900 |
of the Revised Code or a rule adopted under division (A)(2) of | 2901 |
section 1547.52 of the Revised Code is guilty of a misdemeanor of | 2902 |
the fourth degree. | 2903 |
(G) Whoever violates section 1547.11 of the Revised Code is | 2904 |
guilty of a misdemeanor of the first degree and shall be punished | 2905 |
as provided in division (G)(1), (2), or (3) of this section. | 2906 |
(1) Except as otherwise provided in division (G)(2) or (3) | 2907 |
of this section, the court shall sentence the offender to a jail | 2908 |
term
| 2909 |
the
offender pursuant to
section
| 2910 |
Code to a
longer
jail term
| 2911 |
court shall impose upon the offender a fine of not less than one | 2912 |
hundred fifty nor more than one thousand dollars. | 2913 |
The court may suspend the execution of the mandatory jail | 2914 |
term of three
consecutive days
| 2915 |
to impose by division (G)(1) of this section if the court, in lieu | 2916 |
of the
suspended
jail term
| 2917 |
2918 | |
2929.25 of the Revised Code and requires the offender to attend, | 2919 |
for three consecutive days, a drivers' intervention program that | 2920 |
is certified pursuant to section 3793.10 of the Revised Code. The | 2921 |
court also may suspend the execution of any part of the mandatory | 2922 |
jail term of three consecutive days
| 2923 |
required to impose by division (G)(1) of this section if the court | 2924 |
places the offender
| 2925 |
sanction pursuant to section 2929.25 of the Revised Code for part | 2926 |
of the three consecutive days; requires the offender to attend, | 2927 |
for that part of the three consecutive days, a drivers' | 2928 |
intervention program that is certified pursuant to section 3793.10 | 2929 |
of the Revised
Code; and sentences the offender to a
jail term
| 2930 |
2931 | |
that the offender does not spend attending the drivers' | 2932 |
intervention program. The court may require the offender, as a | 2933 |
condition of
| 2934 |
satisfactorily complete any treatment or education programs, in | 2935 |
addition to the required attendance at a drivers' intervention | 2936 |
program, that the operators of the drivers' intervention program | 2937 |
determine that the offender should attend and to report | 2938 |
periodically to the court on the offender's progress in the | 2939 |
programs. The court also may impose any other conditions of | 2940 |
2941 | |
necessary. | 2942 |
(2) If, within six years of the offense, the offender has | 2943 |
been convicted of or pleaded guilty to one violation of section | 2944 |
1547.11 of the Revised Code, of a municipal ordinance relating to | 2945 |
operating a watercraft or manipulating any water skis, aquaplane, | 2946 |
or similar device while under the influence of alcohol, a drug of | 2947 |
abuse, or a combination of them, of a municipal ordinance | 2948 |
relating to operating a watercraft or manipulating any water skis, | 2949 |
aquaplane, or similar device with a prohibited concentration of | 2950 |
alcohol in the whole blood, blood serum or plasma, breath, or | 2951 |
urine, of division (A)(1) of section 2903.06 of the Revised Code, | 2952 |
or of division (A)(2), (3), or (4) of section 2903.06 of the | 2953 |
Revised Code or section 2903.06 or 2903.07 of the Revised Code as | 2954 |
they existed prior to March 23, 2000, in a case in which the jury | 2955 |
or judge found that the offender was under the influence of | 2956 |
alcohol, a drug of abuse, or a combination of them, the court | 2957 |
shall
sentence the offender to a
jail term
| 2958 |
consecutive days and may sentence the offender pursuant to section | 2959 |
2960 | |
2961 | |
offender a fine of not less than one hundred fifty nor more than | 2962 |
one thousand dollars. | 2963 |
In addition to any other sentence that it imposes upon the | 2964 |
offender, the court may require the offender to attend a drivers' | 2965 |
intervention program that is certified pursuant to section 3793.10 | 2966 |
of the Revised Code. | 2967 |
(3) If, within six years of the offense, the offender has | 2968 |
been convicted of or pleaded guilty to more than one violation | 2969 |
identified in division (G)(2) of this section, the court shall | 2970 |
sentence the offender to a
jail term
| 2971 |
consecutive days and may sentence the offender to a longer jail | 2972 |
term
| 2973 |
court shall impose upon the offender a fine of not less than one | 2974 |
hundred fifty nor more than one thousand dollars. | 2975 |
In addition to any other sentence that it imposes upon the | 2976 |
offender, the court may require the offender to attend a drivers' | 2977 |
intervention program that is certified pursuant to section 3793.10 | 2978 |
of the Revised Code. | 2979 |
(4) Upon a showing that
| 2980 |
would seriously affect the ability of an offender sentenced | 2981 |
pursuant to division (G)(1), (2), or (3) of this section to | 2982 |
continue the offender's employment, the court may authorize that | 2983 |
the offender be granted work release
| 2984 |
offender has served the mandatory jail term of three, ten, or | 2985 |
thirty consecutive days
| 2986 |
by division (G)(1), (2), or (3) of this section to impose. No | 2987 |
court shall authorize work release
| 2988 |
mandatory jail term of
three, ten, or thirty consecutive days
| 2989 |
2990 | |
or (3) of this section to impose. The duration of the work | 2991 |
release shall not exceed the time necessary each day for the | 2992 |
offender to commute to and from the place of employment and the | 2993 |
place
| 2994 |
time actually spent under employment. | 2995 |
(5) Notwithstanding any section of the Revised Code that | 2996 |
authorizes the suspension of the imposition or execution of a | 2997 |
sentence or the placement of an offender in any treatment program | 2998 |
in lieu of
| 2999 |
no court shall suspend the mandatory jail term of ten or thirty | 3000 |
consecutive days
| 3001 |
division (G)(2) or (3) of this section or place an offender who is | 3002 |
sentenced pursuant to division (G)(2) or (3) of this section in | 3003 |
any treatment program in lieu of
| 3004 |
serving a jail term until after the offender has served the | 3005 |
mandatory jail term of ten or thirty consecutive days
| 3006 |
3007 | |
(3) of this section. Notwithstanding any section of the Revised | 3008 |
Code that authorizes the suspension of the imposition or execution | 3009 |
of a sentence or the placement of an offender in any treatment | 3010 |
program in lieu of
| 3011 |
term, no court, except as specifically authorized by division | 3012 |
(G)(1) of this section, shall suspend the mandatory jail term of | 3013 |
three consecutive days
| 3014 |
division (G)(1) of this section or place an offender who is | 3015 |
sentenced pursuant to division (G)(1) of this section in any | 3016 |
treatment program in lieu of imprisonment until after the offender | 3017 |
has served the
mandatory jail term of three consecutive days
| 3018 |
3019 | |
this section. | 3020 |
(6) As used in division (G) of this section, "jail term" and | 3021 |
"mandatory jail term" have the same meanings as in section 2929.01 | 3022 |
of the Revised Code. | 3023 |
(H) Whoever violates section 1547.304 of the Revised Code is | 3024 |
guilty of a misdemeanor of the fourth degree and also shall be | 3025 |
assessed any costs incurred by the state or a county, township, | 3026 |
municipal corporation, or other political subdivision in disposing | 3027 |
of an abandoned junk vessel or outboard motor, less any money | 3028 |
accruing to the state, county, township, municipal corporation, or | 3029 |
other political subdivision from that disposal. | 3030 |
(I) Whoever violates division (B) or (C) of section 1547.49 | 3031 |
of the Revised Code is guilty of a minor misdemeanor. | 3032 |
(J) Whoever violates section 1547.31 of the Revised Code is | 3033 |
guilty of a misdemeanor of the fourth degree on a first offense. | 3034 |
On each subsequent offense, the person is guilty of a misdemeanor | 3035 |
of the third degree. | 3036 |
(K) Whoever violates section 1547.05 or 1547.051 of the | 3037 |
Revised Code is guilty of a misdemeanor of the fourth degree if | 3038 |
the violation is not related to a collision, injury to a person, | 3039 |
or damage to property and a misdemeanor of the third degree if the | 3040 |
violation is related to a collision, injury to a person, or damage | 3041 |
to property. | 3042 |
(L) The sentencing court, in addition to the penalty | 3043 |
provided under this section for a violation of this chapter or a | 3044 |
rule adopted under it that involves a powercraft powered by more | 3045 |
than ten horsepower and that, in the opinion of the court, | 3046 |
involves a threat to the safety of persons or property, shall | 3047 |
order the offender to complete successfully a boating course | 3048 |
approved by the national association of state boating law | 3049 |
administrators before the offender is allowed to operate a | 3050 |
powercraft powered by more than ten horsepower on the waters in | 3051 |
this state. Violation of a court order entered under this | 3052 |
division is punishable as contempt under Chapter 2705. of the | 3053 |
Revised Code. | 3054 |
Sec. 1702.80. (A) As used in this section: | 3055 |
(1) "Qualified nonprofit corporation" means a nonprofit | 3056 |
corporation that is established under this chapter and to which | 3057 |
all of the following apply: | 3058 |
(a) The nonprofit corporation is a tax-exempt charitable | 3059 |
organization; | 3060 |
(b) The nonprofit corporation has other organizations as | 3061 |
members, and at least twenty of its members are tax-exempt | 3062 |
charitable organizations; | 3063 |
(c) The nonprofit corporation, together with its members | 3064 |
that are organizations, owns, leases, occupies, or uses an area of | 3065 |
not less than three hundred acres within which its police | 3066 |
department established under division (B) of this section will | 3067 |
provide police services; | 3068 |
(d) The chief of police of each municipal corporation within | 3069 |
which the police department of the nonprofit corporation will be | 3070 |
eligible to provide police services has given approval for persons | 3071 |
who are appointed as police officers of that department to carry | 3072 |
out their powers and duties as police officers. | 3073 |
(2) "Authorizing agreement" means the written agreement | 3074 |
entered into between a qualified nonprofit corporation and a | 3075 |
municipal corporation pursuant to division (B) of this section for | 3076 |
the provision of police services within the municipal corporation | 3077 |
by the police department of the nonprofit corporation established | 3078 |
under division (B) of this section. | 3079 |
(3) "Tax exempt" means that a corporation or organization is | 3080 |
exempt from federal income taxation under subsection 501(a) and is | 3081 |
described in subsection 501(c)(3) of the Internal Revenue Code, | 3082 |
and that the corporation or organization has received from the | 3083 |
internal revenue service a determination letter that currently is | 3084 |
in effect stating that the corporation or organization is exempt | 3085 |
from federal income taxation under that subsection and is | 3086 |
described in that subsection. | 3087 |
(4) "Internal Revenue Code" means the "Internal Revenue Code | 3088 |
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended. | 3089 |
(5) "Felony" has the same meaning as in section 109.511 of | 3090 |
the Revised Code. | 3091 |
(B) A qualified nonprofit corporation may establish a police | 3092 |
department to provide police services, subject to the requirements | 3093 |
and limitations set forth in this division and divisions (C) and | 3094 |
(D) of this section, within one or more municipal corporations. | 3095 |
Subject to division (E) of this section, the board of trustees of | 3096 |
a qualified nonprofit corporation that establishes a police | 3097 |
department may appoint persons as police officers of the | 3098 |
department, and the corporation may employ the persons so | 3099 |
appointed as police officers. | 3100 |
A person so appointed and employed as a police officer is | 3101 |
authorized to act as a police officer only to the extent and in | 3102 |
the manner described in this section and only when directly | 3103 |
engaged in the discharge of that person's duties as a police | 3104 |
officer for the qualified nonprofit corporation. No person so | 3105 |
appointed and employed as a police officer shall engage in any | 3106 |
duties or activities as a police officer for a police department | 3107 |
established by a qualified nonprofit corporation unless both of | 3108 |
the following apply: | 3109 |
(1) The person successfully has completed a training program | 3110 |
approved by the Ohio peace officer training commission and has | 3111 |
been certified by the commission as having successfully completed | 3112 |
the training program, or the person previously has successfully | 3113 |
completed a police officer basic training program certified by the | 3114 |
commission and has been awarded a certificate to that effect by | 3115 |
the commission. | 3116 |
(2) The qualified nonprofit corporation has entered into a | 3117 |
written authorizing agreement, as described in division (C) of | 3118 |
this section, with the chief of police of each municipal | 3119 |
corporation within which the police department of the qualified | 3120 |
nonprofit corporation will provide police services. | 3121 |
(C) An authorizing agreement entered into between a | 3122 |
qualified nonprofit corporation and a chief of police of a | 3123 |
municipal corporation shall apply only to the agreeing municipal | 3124 |
corporation, and a separate authorizing agreement shall be entered | 3125 |
into for each municipal corporation within which the police | 3126 |
department of the qualified nonprofit corporation will provide | 3127 |
police services. An authorizing agreement shall not require, or | 3128 |
contain any provision granting authority to, the chief of police | 3129 |
or any other officer, official, or employee of the municipal | 3130 |
corporation that enters into the agreement, to appoint or to | 3131 |
approve or disapprove the appointment of any police officer | 3132 |
appointed and employed by the qualified nonprofit corporation | 3133 |
police department under division (B) of this section. An | 3134 |
authorizing agreement shall comply with any statutes and with any | 3135 |
municipal charter provisions, ordinances, or resolutions that may | 3136 |
apply to it. An authorizing agreement may prescribe, but is not | 3137 |
limited to, any of the following: | 3138 |
(1) The geographical territory within the municipal | 3139 |
corporation in which the police department established by the | 3140 |
qualified nonprofit corporation under division (B) of this section | 3141 |
may provide police services; | 3142 |
(2) The standards and criteria to govern the interaction | 3143 |
between the police officers employed by the police department | 3144 |
established by the qualified nonprofit corporation under division | 3145 |
(B) of this section and the law enforcement officers employed by | 3146 |
the municipal corporation, which standards and criteria may | 3147 |
include, but are not limited to, either of the following: | 3148 |
(a) Provisions governing the reporting of offenses | 3149 |
discovered by the police officers employed by the qualified | 3150 |
nonprofit corporation police department to the police department | 3151 |
of the municipal corporation; | 3152 |
(b) Provisions governing the processing and confinement of | 3153 |
persons arrested by police officers of the qualified nonprofit | 3154 |
corporation police department. | 3155 |
(3) Any limitation on the qualified nonprofit corporation | 3156 |
police department's enforcement of municipal traffic ordinances | 3157 |
and regulations; | 3158 |
(4) The duration, if any, of the agreement. | 3159 |
(D) If a qualified nonprofit corporation establishes a | 3160 |
police department under this section, the qualified nonprofit | 3161 |
corporation, within the geographical territory specified for each | 3162 |
municipal corporation that has entered into an authorizing | 3163 |
agreement with it, concurrently with the municipal corporation, | 3164 |
shall preserve the peace, protect persons and property, enforce | 3165 |
the laws of the state, and enforce the charter provisions, | 3166 |
ordinances, and regulations of the political subdivisions of the | 3167 |
state that apply within that territory. Except as limited by the | 3168 |
terms of any applicable authorizing agreement, each police officer | 3169 |
who is employed by a police department established by a qualified | 3170 |
nonprofit corporation and who satisfies the requirement set forth | 3171 |
in division (B)(1) of this section is vested, while directly in | 3172 |
the discharge of that police officer's duties as a police officer, | 3173 |
with the same powers and authority as are vested in a police | 3174 |
officer of a municipal corporation under Title XXIX of the Revised | 3175 |
Code and the Rules of Criminal Procedure, and with the same powers | 3176 |
and authority, including the operation of a public safety vehicle, | 3177 |
as are vested in a police officer of a municipal corporation under | 3178 |
Chapter 4511. of the Revised Code. | 3179 |
(E)(1) The board of trustees of a qualified nonprofit | 3180 |
corporation that establishes a police department shall not appoint | 3181 |
a person as a police officer of the department pursuant to | 3182 |
division (B) of this section on a permanent basis, on a temporary | 3183 |
basis, for a probationary term, or on other than a permanent basis | 3184 |
if the person previously has been convicted of or has pleaded | 3185 |
guilty to a felony. | 3186 |
(2)(a) The board of trustees of a qualified nonprofit | 3187 |
corporation shall terminate the employment of a police officer of | 3188 |
its police department appointed under division (B) of this section | 3189 |
if the police officer does either of the following: | 3190 |
(i) Pleads guilty to a felony; | 3191 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 3192 |
plea agreement as provided in division
(D) of section
| 3193 |
2929.43 of the Revised Code in which the police officer agrees to | 3194 |
surrender the certificate awarded to the police officer under | 3195 |
section 109.77 of the Revised Code. | 3196 |
(b) The board of trustees of a qualified nonprofit | 3197 |
corporation shall suspend from employment a police officer of its | 3198 |
police department appointed under division (B) of this section if | 3199 |
the police officer is convicted, after trial, of a felony. If the | 3200 |
police officer files an appeal from that conviction and the | 3201 |
conviction is upheld by the highest court to which the appeal is | 3202 |
taken or if the police officer does not file a timely appeal, the | 3203 |
board shall terminate the employment of that police officer. If | 3204 |
the police officer files an appeal that results in the police | 3205 |
officer's acquittal of the felony or conviction of a misdemeanor, | 3206 |
or in the dismissal of the felony charge against the police | 3207 |
officer, the board shall reinstate that police officer. A police | 3208 |
officer who is reinstated under division (E)(2)(b) of this section | 3209 |
shall not receive any back pay unless that police officer's | 3210 |
conviction of the felony was reversed on appeal, or the felony | 3211 |
charge was dismissed, because the court found insufficient | 3212 |
evidence to convict the police officer of the felony. | 3213 |
(3) Division (E) of this section does not apply regarding an | 3214 |
offense that was committed prior to January 1, 1997. | 3215 |
(4) The suspension from employment, or the termination of | 3216 |
the employment, of a police officer under division (E)(2) of this | 3217 |
section shall be in accordance with Chapter 119. of the Revised | 3218 |
Code. | 3219 |
Sec. 1713.50. (A) As used in this section: | 3220 |
(1) "Political subdivision" means a county, municipal | 3221 |
corporation, or township. | 3222 |
(2) "Private college or university" means a college or | 3223 |
university that has all of the following characteristics: | 3224 |
(a) It is not owned or controlled by the state or any | 3225 |
political subdivision of the state. | 3226 |
(b) It provides a program of education in residence leading | 3227 |
to a baccalaureate degree or provides a program of education in | 3228 |
residence, for which the baccalaureate degree is a prerequisite, | 3229 |
leading to an academic or professional degree. | 3230 |
(c) It is accredited by the north central association or | 3231 |
another nationally recognized agency that accredits colleges and | 3232 |
universities. | 3233 |
(3) "Felony" has the same meaning as in section 109.511 of | 3234 |
the Revised Code. | 3235 |
(B) The board of trustees of a private college or university | 3236 |
may establish a campus police department and appoint members of | 3237 |
the campus police department to act as police officers. The board | 3238 |
shall assign duties to the members of a campus police department | 3239 |
that shall include the enforcement of the regulations of the | 3240 |
college or university. Subject to division (E) of this section, | 3241 |
the board shall appoint as members of a campus police department | 3242 |
only those persons who have successfully completed a training | 3243 |
program approved by the Ohio peace officer training commission and | 3244 |
have been certified as having done so or who have previously | 3245 |
successfully completed a police officer basic training program | 3246 |
certified by the commission and have been awarded a certificate to | 3247 |
that effect by the commission. | 3248 |
Members of a campus police department shall not be reimbursed | 3249 |
with state funds for any training they receive or be eligible to | 3250 |
participate in any state or municipal retirement system. The | 3251 |
uniforms, vehicles, and badges of members of a campus police | 3252 |
department shall be distinct from those of the law enforcement | 3253 |
agencies of the political subdivisions in which the private | 3254 |
college or university that established the campus police | 3255 |
department is located. | 3256 |
(C) Each member of a campus police department appointed | 3257 |
under division (B) of this section is vested, while directly in | 3258 |
the discharge of that member's duties as a police officer, with | 3259 |
the same powers and authority that are vested in a police officer | 3260 |
of a municipal corporation or a county sheriff under Title XXIX of | 3261 |
the Revised Code and the Rules of Criminal Procedure, including | 3262 |
the same powers and authority relating to the operation of a | 3263 |
public safety vehicle that are vested in a police officer of a | 3264 |
municipal corporation or a county sheriff under Chapter 4511. of | 3265 |
the Revised Code. Except as otherwise provided in this division, | 3266 |
members of a campus police department may exercise, concurrently | 3267 |
with the law enforcement officers of the political subdivisions in | 3268 |
which the private college or university is located, the powers and | 3269 |
authority granted to them under this division in order to preserve | 3270 |
the peace, protect persons and property, enforce the laws of this | 3271 |
state, and enforce the ordinances and regulations of the political | 3272 |
subdivisions in which the private college or university is | 3273 |
located, but only on the property of the private college or | 3274 |
university that employs them. The board of trustees of a private | 3275 |
college or university may enter into an agreement with any | 3276 |
political subdivision pursuant to which the members of the campus | 3277 |
police department of the college or university may exercise within | 3278 |
that political subdivision, but outside the property of the | 3279 |
college or university, the powers and authority granted to them | 3280 |
under this division. A member of a campus police department has | 3281 |
no authority to serve civil process. | 3282 |
(D) Except as otherwise provided in this division, the board | 3283 |
of trustees of a private college or university shall provide to | 3284 |
each member of a campus police department appointed under division | 3285 |
(B) of this section, without cost to the member, liability | 3286 |
insurance coverage that insures the member against any liability | 3287 |
that may arise out of or in the course of the member's employment | 3288 |
and that is in an amount of not less than two hundred fifty | 3289 |
thousand dollars. A board of trustees may provide the liability | 3290 |
coverage required by this division by self-insurance. | 3291 |
(E)(1) The board of trustees of a private college or | 3292 |
university that establishes a campus police department shall not | 3293 |
appoint a person as a member of the campus police department | 3294 |
pursuant to division (B) of this section on a permanent basis, on | 3295 |
a temporary basis, for a probationary term, or on other than a | 3296 |
permanent basis if the person previously has been convicted of or | 3297 |
has pleaded guilty to a felony. | 3298 |
(2)(a) The board of trustees of a private college or | 3299 |
university shall terminate the employment of a member of its | 3300 |
campus police department appointed under division (B) of this | 3301 |
section if the member does either of the following: | 3302 |
(i) Pleads guilty to a felony; | 3303 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 3304 |
plea agreement as provided in division
(D) of section
| 3305 |
2929.43 of the Revised Code in which the member agrees to | 3306 |
surrender the certificate awarded to that member under section | 3307 |
109.77 of the Revised Code. | 3308 |
(b) The board of trustees of a private college or university | 3309 |
shall suspend from employment a member of its campus police | 3310 |
department appointed under division (B) of this section if the | 3311 |
member is convicted, after trial, of a felony. If the member of | 3312 |
the campus police department files an appeal from that conviction | 3313 |
and the conviction is upheld by the highest court to which the | 3314 |
appeal is taken or if the member does not file a timely appeal, | 3315 |
the board shall terminate the employment of that member. If the | 3316 |
member of the campus police department files an appeal that | 3317 |
results in that member's acquittal of the felony or conviction of | 3318 |
a misdemeanor, or in the dismissal of the felony charge against | 3319 |
that member, the board shall reinstate that member. A member of a | 3320 |
campus police department who is reinstated under division | 3321 |
(E)(2)(b) of this section shall not receive any back pay unless | 3322 |
that member's conviction of the felony was reversed on appeal, or | 3323 |
the felony charge was dismissed, because the court found | 3324 |
insufficient evidence to convict the member of the felony. | 3325 |
(3) Division (E) of this section does not apply regarding an | 3326 |
offense that was committed prior to January 1, 1997. | 3327 |
(4) The suspension from employment, or the termination of | 3328 |
the employment, of a member of a campus police department under | 3329 |
division (E)(2) of this section shall be in accordance with | 3330 |
Chapter 119. of the Revised Code. | 3331 |
Sec. 1905.033. (A) The mayor of a municipal corporation who | 3332 |
conducts a mayor's court shall register annually with the supreme | 3333 |
court as provided in this division. The mayor shall file the | 3334 |
registration on a form prescribed by the supreme court and not | 3335 |
later than the fifteenth day of January in any year in which the | 3336 |
mayor conducts a mayor's court or at least fifteen days before the | 3337 |
mayor first conducts a mayor's court in a particular year, | 3338 |
whichever is later. The registration shall include the name of | 3339 |
the mayor, the name of any magistrate appointed by the mayor | 3340 |
pursuant to section 1905.05 of the Revised Code, and the dates on | 3341 |
which the mayor and magistrate last received the training required | 3342 |
by section 1901.031 of the Revised Code. | 3343 |
(B) The mayor of any municipal corporation who conducts a | 3344 |
mayor's court shall make the following reports: | 3345 |
(1) A report to the supreme court of all cases filed, | 3346 |
pending, or terminated in the mayor's court in the reporting | 3347 |
period covered by the report, and any financial, dispositional, | 3348 |
and other information that the supreme court prescribes by rule. | 3349 |
The mayor shall make the report under division (B)(1) of this | 3350 |
section on a form prescribed by the supreme court and not later | 3351 |
than the fifteenth day of January, April, July, and October of | 3352 |
each year. The report shall cover all cases filed, pending, or | 3353 |
terminated in the mayor's court for the calendar quarter preceding | 3354 |
the appropriate filing date. | 3355 |
(2) A report to the bureau of criminal identification and | 3356 |
investigation of every conviction in the mayor's court for an | 3357 |
offense that is a misdemeanor on a first offense and a felony on | 3358 |
any subsequent offense. The mayor shall make the report under | 3359 |
division (B)(2) of this section upon entry of the judgment of | 3360 |
conviction for the offense. | 3361 |
(C) A mayor of a municipal corporation who fails to comply | 3362 |
with the general law on registering and reporting under this | 3363 |
section shall not conduct a mayor's court. | 3364 |
Sec. 2152.02. As used in this chapter: | 3365 |
(A) "Act charged" means the act that is identified in a | 3366 |
complaint, indictment, or information alleging that a child is a | 3367 |
delinquent child. | 3368 |
(B) "Admitted to a department of youth services facility" | 3369 |
includes admission to a facility operated, or contracted for, by | 3370 |
the department and admission to a comparable facility outside this | 3371 |
state by another state or the United States. | 3372 |
(C)(1) "Child" means a person who is under eighteen years of | 3373 |
age, except as otherwise provided in divisions (C)(2) to (6) of | 3374 |
this section. | 3375 |
(2) Subject to division (C)(3) of this section, any person | 3376 |
who violates a federal or state law or a municipal ordinance prior | 3377 |
to attaining eighteen years of age shall be deemed a "child" | 3378 |
irrespective of that person's age at the time the complaint with | 3379 |
respect to that violation is filed or the hearing on the complaint | 3380 |
is held. | 3381 |
(3) Any person who, while under eighteen years of age, | 3382 |
commits an act that would be a felony if committed by an adult and | 3383 |
who is not taken into custody or apprehended for that act until | 3384 |
after the person attains twenty-one years of age is not a child in | 3385 |
relation to that act. | 3386 |
(4) Any person whose case is transferred for criminal | 3387 |
prosecution pursuant to section 2152.12 of the Revised Code shall | 3388 |
be deemed after the transfer not to be a child in the transferred | 3389 |
case. | 3390 |
(5) Any person whose case is transferred for criminal | 3391 |
prosecution pursuant to section 2152.12 of the Revised Code and | 3392 |
who subsequently is convicted of or pleads guilty to a felony in | 3393 |
that case, and any person who is adjudicated a delinquent child | 3394 |
for the commission of an act, who has a serious youthful offender | 3395 |
dispositional sentence imposed for the act pursuant to section | 3396 |
2152.13 of the Revised Code, and whose adult portion of the | 3397 |
dispositional sentence is invoked pursuant to section 2152.14 of | 3398 |
the Revised Code, shall be deemed after the transfer or invocation | 3399 |
not to be a child in any case in which a complaint is filed | 3400 |
against the person. | 3401 |
(6) The juvenile court has jurisdiction over a person who is | 3402 |
adjudicated a delinquent child or juvenile traffic offender prior | 3403 |
to attaining eighteen years of age until the person attains | 3404 |
twenty-one years of age, and, for purposes of that jurisdiction | 3405 |
related to that adjudication, a person who is so adjudicated a | 3406 |
delinquent child or juvenile traffic offender shall be deemed a | 3407 |
"child" until the person attains twenty-one years of age. | 3408 |
(D) "Chronic truant" means any child of compulsory school | 3409 |
age who is absent without legitimate excuse for absence from the | 3410 |
public school the child is supposed to attend for seven or more | 3411 |
consecutive school days, ten or more school days in one school | 3412 |
month, or fifteen or more school days in a school year. | 3413 |
(E) "Community corrections facility," "public safety beds," | 3414 |
"release authority," and "supervised release" have the same | 3415 |
meanings as in section 5139.01 of the Revised Code. | 3416 |
(F) "Delinquent child" includes any of the following: | 3417 |
(1) Any child, except a juvenile traffic offender, who | 3418 |
violates any law of this state or the United States, or any | 3419 |
ordinance of a political subdivision of the state, that would be | 3420 |
an offense if committed by an adult; | 3421 |
(2) Any child who violates any lawful order of the court | 3422 |
made under this chapter or under Chapter 2151. of the Revised Code | 3423 |
other than an order issued under section 2151.87 of the Revised | 3424 |
Code; | 3425 |
(3) Any child who violates division (A) of section 2923.211 | 3426 |
of the Revised Code; | 3427 |
(4) Any child who is a habitual truant and who previously | 3428 |
has been adjudicated an unruly child for being a habitual truant; | 3429 |
(5) Any child who is a chronic truant. | 3430 |
(G) "Discretionary serious youthful offender" means a person | 3431 |
who is eligible for a discretionary SYO and who is not transferred | 3432 |
to adult court under a mandatory or discretionary transfer. | 3433 |
(H) "Discretionary SYO" means a case in which the juvenile | 3434 |
court, in the juvenile court's discretion, may impose a serious | 3435 |
youthful offender disposition under section 2152.13 of the Revised | 3436 |
Code. | 3437 |
(I) "Discretionary transfer" means that the juvenile court | 3438 |
has discretion to transfer a case for criminal prosecution under | 3439 |
division (B) of section 2152.12 of the Revised Code. | 3440 |
(J) "Drug abuse offense," "felony drug abuse offense," and | 3441 |
"minor drug possession offense" have the same meanings as in | 3442 |
section 2925.01 of the Revised Code. | 3443 |
(K) "Electronic monitoring" and "electronic monitoring | 3444 |
device | 3445 |
3446 | |
3447 | |
in section
| 3448 |
(L) "Economic loss" means any economic detriment suffered by | 3449 |
a victim of a delinquent act as a result of the delinquent act and | 3450 |
includes any loss of income due to lost time at work because of | 3451 |
any injury caused to the victim and any property loss, medical | 3452 |
cost, or funeral expense incurred as a result of the delinquent | 3453 |
act. | 3454 |
(M) "Firearm" has the same meaning as in section 2923.11 of | 3455 |
the Revised Code. | 3456 |
(N) "Juvenile traffic offender" means any child who violates | 3457 |
any traffic law, traffic ordinance, or traffic regulation of this | 3458 |
state, the United States, or any political subdivision of this | 3459 |
state, other than a resolution, ordinance, or regulation of a | 3460 |
political subdivision of this state the violation of which is | 3461 |
required to be handled by a parking violations bureau or a joint | 3462 |
parking violations bureau pursuant to Chapter 4521. of the Revised | 3463 |
Code. | 3464 |
(O) A "legitimate excuse for absence from the public school | 3465 |
the child is supposed to attend" has the same meaning as in | 3466 |
section 2151.011 of the Revised Code. | 3467 |
(P) "Mandatory serious youthful offender" means a person who | 3468 |
is eligible for a mandatory SYO and who is not transferred to | 3469 |
adult court under a mandatory or discretionary transfer. | 3470 |
(Q) "Mandatory SYO" means a case in which the juvenile court | 3471 |
is required to impose a mandatory serious youthful offender | 3472 |
disposition under section 2152.13 of the Revised Code. | 3473 |
(R) "Mandatory transfer" means that a case is required to be | 3474 |
transferred for criminal prosecution under division (A) of section | 3475 |
2152.12 of the Revised Code. | 3476 |
(S) "Mental illness" has the same meaning as in section | 3477 |
5122.01 of the Revised Code. | 3478 |
(T) "Mentally retarded person" has the same meaning as in | 3479 |
section 5123.01 of the Revised Code. | 3480 |
(U) "Monitored time" and "repeat violent offender" have the | 3481 |
same meanings as in section 2929.01 of the Revised Code. | 3482 |
(V) "Of compulsory school age" has the same meaning as in | 3483 |
section 3321.01 of the Revised Code. | 3484 |
(W) "Public record" has the same meaning as in section | 3485 |
149.43 of the Revised Code. | 3486 |
(X) "Serious youthful offender" means a person who is | 3487 |
eligible for a mandatory SYO or discretionary SYO but who is not | 3488 |
transferred to adult court under a mandatory or discretionary | 3489 |
transfer. | 3490 |
(Y) "Sexually oriented offense," "habitual sex offender," | 3491 |
"juvenile sex offender registrant," and "sexual predator" have the | 3492 |
same meanings as in section 2950.01 of the Revised Code. | 3493 |
(Z) "Traditional juvenile" means a case that is not | 3494 |
transferred to adult court under a mandatory or discretionary | 3495 |
transfer, that is eligible for a disposition under sections | 3496 |
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and | 3497 |
that is not eligible for a disposition under section 2152.13 of | 3498 |
the Revised Code. | 3499 |
(AA) "Transfer" means the transfer for criminal prosecution | 3500 |
of a case involving the alleged commission by a child of an act | 3501 |
that would be an offense if committed by an adult from the | 3502 |
juvenile court to the appropriate court that has jurisdiction of | 3503 |
the offense. | 3504 |
(BB) "Category one offense" means any of the following: | 3505 |
(1) A violation of section 2903.01 or 2903.02 of the Revised | 3506 |
Code; | 3507 |
(2) A violation of section 2923.02 of the Revised Code | 3508 |
involving an attempt to commit aggravated murder or murder. | 3509 |
(CC) "Category two offense" means any of the following: | 3510 |
(1) A violation of section 2903.03, 2905.01, 2907.02, | 3511 |
2909.02, 2911.01, or 2911.11 of the Revised Code; | 3512 |
(2) A violation of section 2903.04 of the Revised Code that | 3513 |
is a felony of the first degree; | 3514 |
(3) A violation of section 2907.12 of the Revised Code as it | 3515 |
existed prior to September 3, 1996. | 3516 |
Sec. 2152.19. (A) If a child is adjudicated a delinquent | 3517 |
child, the court may make any of the following orders of | 3518 |
disposition, in addition to any other disposition authorized or | 3519 |
required by this chapter: | 3520 |
(1) Any order that is authorized by section 2151.353 of the | 3521 |
Revised Code for the care and protection of an abused, neglected, | 3522 |
or dependent child; | 3523 |
(2) Commit the child to the temporary custody of any school, | 3524 |
camp, institution, or other facility operated for the care of | 3525 |
delinquent children by the county, by a district organized under | 3526 |
section 2152.41 or 2151.65 of the Revised Code, or by a private | 3527 |
agency or organization, within or without the state, that is | 3528 |
authorized and qualified to provide the care, treatment, or | 3529 |
placement required; | 3530 |
(3) Place the child on community control under any | 3531 |
sanctions, services, and conditions that the court prescribes. As | 3532 |
a condition of community control in every case and in addition to | 3533 |
any other condition that it imposes upon the child, the court | 3534 |
shall require the child to abide by the law during the period of | 3535 |
community control. As referred to in this division, community | 3536 |
control includes, but is not limited to, the following sanctions | 3537 |
and conditions: | 3538 |
(a) A period of basic probation supervision in which the | 3539 |
child is required to maintain contact with a person appointed to | 3540 |
supervise the child in accordance with sanctions imposed by the | 3541 |
court; | 3542 |
(b) A period of intensive probation supervision in which the | 3543 |
child is required to maintain frequent contact with a person | 3544 |
appointed by the court to supervise the child while the child is | 3545 |
seeking or maintaining employment and participating in training, | 3546 |
education, and treatment programs as the order of disposition; | 3547 |
(c) A period of day reporting in which the child is required | 3548 |
each day to report to and leave a center or another approved | 3549 |
reporting location at specified times in order to participate in | 3550 |
work, education or training, treatment, and other approved | 3551 |
programs at the center or outside the center; | 3552 |
(d) A period of community service of up to five hundred | 3553 |
hours for an act that would be a felony or a misdemeanor of the | 3554 |
first degree if committed by an adult, up to two hundred hours for | 3555 |
an act that would be a misdemeanor of the second, third, or fourth | 3556 |
degree if committed by an adult, or up to thirty hours for an act | 3557 |
that would be a minor misdemeanor if committed by an adult; | 3558 |
(e) A requirement that the child obtain a high school | 3559 |
diploma, a certificate of high school equivalence, vocational | 3560 |
training, or employment; | 3561 |
(f) A period of drug and alcohol use monitoring; | 3562 |
(g) A requirement of alcohol or drug assessment or | 3563 |
counseling, or a period in an alcohol or drug treatment program | 3564 |
with a level of security for the child as determined necessary by | 3565 |
the court; | 3566 |
(h) A period in which the court orders the child to observe | 3567 |
a curfew that may involve daytime or evening hours; | 3568 |
(i) A requirement that the child serve monitored time; | 3569 |
(j) A period of house arrest
| 3570 |
monitoring; | 3571 |
(k) A period of electronic monitoring without house arrest or | 3572 |
3573 | |
that does not exceed the maximum sentence of imprisonment that | 3574 |
could be imposed upon an adult who commits the same act. | 3575 |
A period of
| 3576 |
electronic monitoring imposed under this division shall not extend | 3577 |
beyond the child's twenty-first birthday. If a court imposes a | 3578 |
period of
| 3579 |
monitoring upon a child under this division, it shall require the | 3580 |
child:
| 3581 |
3582 | |
3583 | |
3584 | |
in the child's home or other specified premises for the entire | 3585 |
period of
| 3586 |
monitoring except when the court permits the child to leave those | 3587 |
premises to go to school or to other specified premises; to be | 3588 |
monitored by a central system that can determine the child's | 3589 |
location at designated times; to report periodically to a person | 3590 |
designated by the court; and to enter into a written contract with | 3591 |
the court agreeing to comply with all requirements imposed by the | 3592 |
court, agreeing to pay any fee imposed by the court for the costs | 3593 |
of the
| 3594 |
monitoring, and agreeing to waive the right to receive credit for | 3595 |
any
time served
on
| 3596 |
electronic monitoring toward the period of any other dispositional | 3597 |
order imposed upon the child if the child violates any of the | 3598 |
requirements of the dispositional
order of
| 3599 |
3600 | |
may impose other reasonable requirements upon the child. | 3601 |
Unless ordered by the court, a child shall not receive credit | 3602 |
for any time
served on
| 3603 |
electronic monitoring toward any other dispositional order imposed | 3604 |
upon the child for the act for which was imposed the dispositional | 3605 |
order of
| 3606 |
monitoring. | 3607 |
(l) A suspension of the driver's license, probationary | 3608 |
driver's license, or temporary instruction permit issued to the | 3609 |
child for a period of time prescribed by the court, or a | 3610 |
suspension of the registration of all motor vehicles registered in | 3611 |
the name of the child for a period of time prescribed by the | 3612 |
court. A child whose license or permit is so suspended is | 3613 |
ineligible for issuance of a license or permit during the period | 3614 |
of suspension. At the end of the period of suspension, the child | 3615 |
shall not be reissued a license or permit until the child has paid | 3616 |
any applicable reinstatement fee and complied with all | 3617 |
requirements governing license reinstatement. | 3618 |
(4) Commit the child to the custody of the court; | 3619 |
(5) Require the child to not be absent without legitimate | 3620 |
excuse from the public school the child is supposed to attend for | 3621 |
five or more consecutive days, seven or more school days in one | 3622 |
school month, or twelve or more school days in a school year; | 3623 |
(6)(a) If a child is adjudicated a delinquent child for | 3624 |
being a chronic truant or an habitual truant who previously has | 3625 |
been adjudicated an unruly child for being a habitual truant, do | 3626 |
either or both of the following: | 3627 |
(i) Require the child to participate in a truancy prevention | 3628 |
mediation program; | 3629 |
(ii) Make any order of disposition as authorized by this | 3630 |
section, except that the court shall not commit the child to a | 3631 |
facility described in division (A)(2) of this section unless the | 3632 |
court determines that the child violated a lawful court order made | 3633 |
pursuant to division (C)(1)(e) of section 2151.354 of the Revised | 3634 |
Code or division (A)(5) of this section. | 3635 |
(b) If a child is adjudicated a delinquent child for being a | 3636 |
chronic truant or a habitual truant who previously has been | 3637 |
adjudicated an unruly child for being a habitual truant and the | 3638 |
court determines that the parent, guardian, or other person having | 3639 |
care of the child has failed to cause the child's attendance at | 3640 |
school in violation of section 3321.38 of the Revised Code, do | 3641 |
either or both of the following: | 3642 |
(i) Require the parent, guardian, or other person having | 3643 |
care of the child to participate in a truancy prevention mediation | 3644 |
program; | 3645 |
(ii) Require the parent, guardian, or other person having | 3646 |
care of the child to participate in any community service program, | 3647 |
preferably a community service program that requires the | 3648 |
involvement of the parent, guardian, or other person having care | 3649 |
of the child in the school attended by the child. | 3650 |
(7) Make any further disposition that the court finds | 3651 |
proper, except that the child shall not be placed in any of the | 3652 |
following: | 3653 |
(a) A state correctional institution, a county, multicounty, | 3654 |
or municipal jail or workhouse, or another place in which an adult | 3655 |
convicted of a crime, under arrest, or charged with a crime is | 3656 |
held; | 3657 |
(b) A community corrections facility, if the child would be | 3658 |
covered by the definition of public safety beds for purposes of | 3659 |
sections 5139.41 to 5139.45 of the Revised Code if the court | 3660 |
exercised its authority to commit the child to the legal custody | 3661 |
of the department of youth services for institutionalization or | 3662 |
institutionalization in a secure facility pursuant to this | 3663 |
chapter. | 3664 |
(B) If a child is adjudicated a delinquent child, in | 3665 |
addition to any order of disposition made under division (A) of | 3666 |
this section, the court, in the following situations and for the | 3667 |
specified periods of time, shall suspend the child's temporary | 3668 |
instruction permit, restricted license, probationary driver's | 3669 |
license, or nonresident operating privilege, or suspend the | 3670 |
child's ability to obtain such a permit: | 3671 |
(1) If the child is adjudicated a delinquent child for | 3672 |
violating section 2923.122 of the Revised Code, impose a class | 3673 |
four suspension of the child's license, permit, or privilege from | 3674 |
the range specified in division (A)(4) of section 4510.02 of the | 3675 |
Revised Code or deny the child the issuance of a license or permit | 3676 |
in accordance with division (F)(1) of section 2923.122 of the | 3677 |
Revised Code. | 3678 |
(2) If the child is adjudicated a delinquent child for | 3679 |
committing an act that if committed by an adult would be a drug | 3680 |
abuse offense or for violating division (B) of section 2917.11 of | 3681 |
the Revised Code, suspend the child's license, permit, or | 3682 |
privilege for a period of time prescribed by the court. The court, | 3683 |
in its discretion, may terminate the suspension if the child | 3684 |
attends and satisfactorily completes a drug abuse or alcohol abuse | 3685 |
education, intervention, or treatment program specified by the | 3686 |
court. During the time the child is attending a program | 3687 |
described in this division, the court shall retain the child's | 3688 |
temporary instruction permit, probationary driver's license, or | 3689 |
driver's license, and the court shall return the permit or license | 3690 |
if it terminates the suspension as described in this division. | 3691 |
(C) The court may establish a victim-offender mediation | 3692 |
program in which victims and their offenders meet to discuss the | 3693 |
offense and suggest possible restitution. If the court obtains | 3694 |
the assent of the victim of the delinquent act committed by the | 3695 |
child, the court may require the child to participate in the | 3696 |
program. | 3697 |
(D)(1) If a child is adjudicated a delinquent child for | 3698 |
committing an act that would be a felony if committed by an adult | 3699 |
and if the child caused, attempted to cause, threatened to cause, | 3700 |
or created a risk of physical harm to the victim of the act, the | 3701 |
court, prior to issuing an order of disposition under this | 3702 |
section, shall order the preparation of a victim impact statement | 3703 |
by the probation department of the county in which the victim of | 3704 |
the act resides, by the court's own probation department, or by a | 3705 |
victim assistance program that is operated by the state, a county, | 3706 |
a municipal corporation, or another governmental entity. The court | 3707 |
shall consider the victim impact statement in determining the | 3708 |
order of disposition to issue for the child. | 3709 |
(2) Each victim impact statement shall identify the victim | 3710 |
of the act for which the child was adjudicated a delinquent child, | 3711 |
itemize any economic loss suffered by the victim as a result of | 3712 |
the act, identify any physical injury suffered by the victim as a | 3713 |
result of the act and the seriousness and permanence of the | 3714 |
injury, identify any change in the victim's personal welfare or | 3715 |
familial relationships as a result of the act and any | 3716 |
psychological impact experienced by the victim or the victim's | 3717 |
family as a result of the act, and contain any other information | 3718 |
related to the impact of the act upon the victim that the court | 3719 |
requires. | 3720 |
(3) A victim impact statement shall be kept confidential and | 3721 |
is not a public record. However, the court may furnish copies of | 3722 |
the statement to the department of youth services if the | 3723 |
delinquent child is committed to the department or to both the | 3724 |
adjudicated delinquent child or the adjudicated delinquent child's | 3725 |
counsel and the prosecuting attorney. The copy of a victim impact | 3726 |
statement furnished by the court to the department pursuant to | 3727 |
this section shall be kept confidential and is not a public | 3728 |
record. If an officer is preparing pursuant to section 2947.06 or | 3729 |
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence | 3730 |
investigation report pertaining to a person, the court shall make | 3731 |
available to the officer, for use in preparing the report, a copy | 3732 |
of any victim impact statement regarding that person. The copies | 3733 |
of a victim impact statement that are made available to the | 3734 |
adjudicated delinquent child or the adjudicated delinquent child's | 3735 |
counsel and the prosecuting attorney pursuant to this division | 3736 |
shall be returned to the court by the person to whom they were | 3737 |
made available immediately following the imposition of an order of | 3738 |
disposition for the child under this chapter. | 3739 |
The copy of a victim impact statement that is made available | 3740 |
pursuant to this division to an officer preparing a criminal | 3741 |
presentence investigation report shall be returned to the court by | 3742 |
the officer immediately following its use in preparing the report. | 3743 |
(4) The department of youth services shall work with local | 3744 |
probation departments and victim assistance programs to develop a | 3745 |
standard victim impact statement. | 3746 |
(E) If a child is adjudicated a delinquent child for being a | 3747 |
chronic truant or an habitual truant who previously has been | 3748 |
adjudicated an unruly child for being an habitual truant and the | 3749 |
court determines that the parent, guardian, or other person having | 3750 |
care of the child has failed to cause the child's attendance at | 3751 |
school in violation of section 3321.38 of the Revised Code, in | 3752 |
addition to any order of disposition it makes under this section, | 3753 |
the court shall warn the parent, guardian, or other person having | 3754 |
care of the child that any subsequent adjudication of the child as | 3755 |
an unruly or delinquent child for being an habitual or chronic | 3756 |
truant may result in a criminal charge against the parent, | 3757 |
guardian, or other person having care of the child for a violation | 3758 |
of division (C) of section 2919.21 or section 2919.24 of the | 3759 |
Revised Code. | 3760 |
(F)(1) During the period of a delinquent child's community | 3761 |
control granted under this section, authorized probation officers | 3762 |
who are engaged within the scope of their supervisory duties or | 3763 |
responsibilities may search, with or without a warrant, the person | 3764 |
of the delinquent child, the place of residence of the delinquent | 3765 |
child, and a motor vehicle, another item of tangible or intangible | 3766 |
personal property, or other real property in which the delinquent | 3767 |
child has a right, title, or interest or for which the delinquent | 3768 |
child has the express or implied permission of a person with a | 3769 |
right, title, or interest to use, occupy, or possess if the | 3770 |
probation officers have reasonable grounds to believe that the | 3771 |
delinquent child is not abiding by the law or otherwise is not | 3772 |
complying with the conditions of the delinquent child's community | 3773 |
control. The court that places a delinquent child on community | 3774 |
control under this section shall provide the delinquent child with | 3775 |
a written notice that informs the delinquent child that authorized | 3776 |
probation officers who are engaged within the scope of their | 3777 |
supervisory duties or responsibilities may conduct those types of | 3778 |
searches during the period of community control if they have | 3779 |
reasonable grounds to believe that the delinquent child is not | 3780 |
abiding by the law or otherwise is not complying with the | 3781 |
conditions of the delinquent child's community control. The court | 3782 |
also shall provide the written notice described in division (E)(2) | 3783 |
of this section to each parent, guardian, or custodian of the | 3784 |
delinquent child who is described in that division. | 3785 |
(2) The court that places a child on community control under | 3786 |
this section shall provide the child's parent, guardian, or other | 3787 |
custodian with a written notice that informs them that authorized | 3788 |
probation officers may conduct searches pursuant to division | 3789 |
(E)(1) of this section. The notice shall specifically state that | 3790 |
a permissible search might extend to a motor vehicle, another item | 3791 |
of tangible or intangible personal property, or a place of | 3792 |
residence or other real property in which a notified parent, | 3793 |
guardian, or custodian has a right, title, or interest and that | 3794 |
the parent, guardian, or custodian expressly or impliedly permits | 3795 |
the child to use, occupy, or possess. | 3796 |
(G) If a juvenile court commits a delinquent child to the | 3797 |
custody of any person, organization, or entity pursuant to this | 3798 |
section and if the delinquent act for which the child is so | 3799 |
committed is a sexually oriented offense, the court in the order | 3800 |
of disposition shall do one of the following: | 3801 |
(1) Require that the child be provided treatment as | 3802 |
described in division (A)(2) of section 5139.13 of the Revised | 3803 |
Code; | 3804 |
(2) Inform the person, organization, or entity that it is | 3805 |
the preferred course of action in this state that the child be | 3806 |
provided treatment as described in division (A)(2) of section | 3807 |
5139.13 of the Revised Code and encourage the person, | 3808 |
organization, or entity to provide that treatment. | 3809 |
Sec. 2152.20. (A) If a child is adjudicated a delinquent | 3810 |
child or a juvenile traffic offender, the court may order any of | 3811 |
the following dispositions, in addition to any other disposition | 3812 |
authorized or required by this chapter: | 3813 |
(1) Impose a fine in accordance with the following schedule: | 3814 |
(a) For an act that would be a minor misdemeanor or an | 3815 |
unclassified misdemeanor if committed by an adult, a fine not to | 3816 |
exceed fifty dollars; | 3817 |
(b) For an act that would be a misdemeanor of the fourth | 3818 |
degree if committed by an adult, a fine not to exceed one hundred | 3819 |
dollars; | 3820 |
(c) For an act that would be a misdemeanor of the third | 3821 |
degree if committed by an adult, a fine not to exceed one hundred | 3822 |
fifty dollars; | 3823 |
(d) For an act that would be a misdemeanor of the second | 3824 |
degree if committed by an adult, a fine not to exceed two hundred | 3825 |
dollars; | 3826 |
(e) For an act that would be a misdemeanor of the first | 3827 |
degree if committed by an adult, a fine not to exceed two hundred | 3828 |
fifty dollars; | 3829 |
(f) For an act that would be a felony of the fifth degree or | 3830 |
an unclassified felony if committed by an adult, a fine not to | 3831 |
exceed three hundred dollars; | 3832 |
(g) For an act that would be a felony of the fourth degree | 3833 |
if committed by an adult, a fine not to exceed four hundred | 3834 |
dollars; | 3835 |
(h) For an act that would be a felony of the third degree if | 3836 |
committed by an adult, a fine not to exceed seven hundred fifty | 3837 |
dollars; | 3838 |
(i) For an act that would be a felony of the second degree | 3839 |
if committed by an adult, a fine not to exceed one thousand | 3840 |
dollars; | 3841 |
(j) For an act that would be a felony of the first degree if | 3842 |
committed by an adult, a fine not to exceed one thousand five | 3843 |
hundred dollars; | 3844 |
(k) For an act that would be aggravated murder or murder if | 3845 |
committed by an adult, a fine not to exceed two thousand dollars. | 3846 |
(2) Require the child to pay costs; | 3847 |
(3) Require the child to make restitution to the victim of | 3848 |
the child's delinquent act or, if the victim is deceased, to a | 3849 |
survivor of the victim in an amount based upon the victim's | 3850 |
economic loss caused by or related to the delinquent act. | 3851 |
Restitution required under this division shall be made directly to | 3852 |
the victim in open court or to the probation department that | 3853 |
serves the jurisdiction or the clerk of courts on behalf of the | 3854 |
victim. The restitution may include reimbursement to third | 3855 |
parties, other than the delinquent child's insurer, for amounts | 3856 |
paid to the victim or to any survivor of the victim for economic | 3857 |
loss resulting from the delinquent act. If reimbursement to a | 3858 |
third party is required, the reimbursement shall be made to any | 3859 |
governmental agency to repay any amounts the agency paid to the | 3860 |
victim or any survivor of the victim before any reimbursement is | 3861 |
made to any other person. | 3862 |
Restitution required under this division may be in the form | 3863 |
of a cash reimbursement paid in a lump sum or in installments, the | 3864 |
performance of repair work to restore any damaged property to its | 3865 |
original condition, the performance of a reasonable amount of | 3866 |
labor for the victim or survivor of the victim, the performance of | 3867 |
community service work, any other form of restitution devised by | 3868 |
the court, or any combination of the previously described forms of | 3869 |
restitution. | 3870 |
The court may base the restitution order under this division | 3871 |
on an amount recommended by the victim or survivor of the victim, | 3872 |
the delinquent child, a presentence investigation report, | 3873 |
estimates or receipts indicating the cost of repairing or | 3874 |
replacing property, and any other information. If the amount of | 3875 |
the restitution is disputed by the victim or survivor or by the | 3876 |
delinquent child, the court shall hold a hearing on the | 3877 |
restitution. The court shall determine, or order the | 3878 |
determination of, the amount of restitution to be paid by the | 3879 |
delinquent child. All restitution payments shall be credited | 3880 |
against any recovery of economic loss in a civil action brought by | 3881 |
or on behalf of the victim against the delinquent child or the | 3882 |
delinquent child's parent, guardian, or other custodian. | 3883 |
The court may order that the delinquent child pay a | 3884 |
surcharge, in an amount not exceeding five per cent of the amount | 3885 |
of restitution otherwise ordered under this division, to the | 3886 |
entity responsible for collecting and processing the restitution | 3887 |
payments. | 3888 |
The victim or the survivor of the victim may request that the | 3889 |
prosecuting authority file a motion, or the delinquent child may | 3890 |
file a motion, for modification of the payment terms of any | 3891 |
restitution ordered
under this division | 3892 |
3893 | |
grants the motion, it may modify the payment terms as it | 3894 |
determines appropriate. | 3895 |
(4) Require the child to reimburse any or all of the costs | 3896 |
incurred for services or sanctions provided or imposed, including, | 3897 |
but not limited to, the following: | 3898 |
(a) All or part of the costs of implementing any community | 3899 |
control imposed as a disposition under section 2152.19 of the | 3900 |
Revised Code, including a supervision fee; | 3901 |
(b) All or part of the costs of confinement in a residential | 3902 |
facility described in section 2152.19 of the Revised Code or in a | 3903 |
department of youth services institution, including, but not | 3904 |
limited to, a per diem fee for room and board, the costs of | 3905 |
medical and dental treatment provided, and the costs of repairing | 3906 |
property the delinquent child damaged while so confined. The | 3907 |
amount of reimbursement ordered for a child under this division | 3908 |
shall not exceed the total amount of reimbursement the child is | 3909 |
able to pay as determined at a hearing and shall not exceed the | 3910 |
actual cost of the confinement. The court may collect any | 3911 |
reimbursement ordered under this division. If the court does not | 3912 |
order reimbursement under this division, confinement costs may be | 3913 |
assessed pursuant to a repayment policy adopted under section | 3914 |
2929.37 of the Revised Code and division (D) of section 307.93, | 3915 |
division (A) of section 341.19, division (C) of section 341.23 or | 3916 |
753.16, or division (B) of section 341.14, 753.02, 753.04, | 3917 |
2301.56, or 2947.19 of the Revised Code. | 3918 |
(B)(1) If a child is adjudicated a delinquent child for | 3919 |
violating section 2923.32 of the Revised Code, the court shall | 3920 |
enter an order of criminal forfeiture against the child in | 3921 |
accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F) | 3922 |
of section 2923.32 of the Revised Code. | 3923 |
(2) Sections 2925.41 to 2925.45 of the Revised Code apply to | 3924 |
children who are adjudicated or could be adjudicated by a juvenile | 3925 |
court to be delinquent children for an act that, if committed by | 3926 |
an adult, would be a felony drug abuse offense. Subject to | 3927 |
division (B) of section 2925.42 and division (E) of section | 3928 |
2925.43 of the Revised Code, a delinquent child of that nature | 3929 |
loses any right to the possession of, and forfeits to the state | 3930 |
any right, title, and interest that the delinquent child may have | 3931 |
in, property as defined in section 2925.41 of the Revised Code and | 3932 |
further described in section 2925.42 or 2925.43 of the Revised | 3933 |
Code. | 3934 |
(3) Sections 2923.44 to 2923.47 of the Revised Code apply to | 3935 |
children who are adjudicated or could be adjudicated by a juvenile | 3936 |
court to be delinquent children for an act in violation of section | 3937 |
2923.42 of the Revised Code. Subject to division (B) of section | 3938 |
2923.44 and division (E) of section 2923.45 of the Revised Code, a | 3939 |
delinquent child of that nature loses any right to the possession | 3940 |
of, and forfeits to the state any right, title, and interest that | 3941 |
the delinquent child may have in, property as defined in section | 3942 |
2923.41 of the Revised Code and further described in section | 3943 |
2923.44 or 2923.45 of the Revised Code. | 3944 |
(C) The court may hold a hearing if necessary to determine | 3945 |
whether a child is able to pay a sanction under this section. | 3946 |
(D) If a child who is adjudicated a delinquent child is | 3947 |
indigent, the court shall consider imposing a term of community | 3948 |
service under division (A) of section 2152.19 of the Revised Code | 3949 |
in lieu of imposing a financial sanction under this section. If a | 3950 |
child who is adjudicated a delinquent child is not indigent, the | 3951 |
court may impose a term of community service under that division | 3952 |
in lieu of, or in addition to, imposing a financial sanction under | 3953 |
this section. The court may order community service for an act | 3954 |
that if committed by an adult would be a minor misdemeanor. | 3955 |
If a child fails to pay a financial sanction imposed under | 3956 |
this section, the court may impose a term of community service in | 3957 |
lieu of the sanction. | 3958 |
(E) The clerk of the court, or another person authorized by | 3959 |
law or by the court to collect a financial sanction imposed under | 3960 |
this section, may do any of the following: | 3961 |
(1) Enter into contracts with one or more public agencies or | 3962 |
private vendors for the collection of the amounts due under the | 3963 |
financial sanction, which amounts may include interest from the | 3964 |
date of imposition of the financial sanction; | 3965 |
(2) Permit payment of all, or any portion of, the financial | 3966 |
sanction in installments, by credit or debit card, by another type | 3967 |
of electronic transfer, or by any other reasonable method, within | 3968 |
any period of time, and on any terms that the court considers | 3969 |
just, except that the maximum time permitted for payment shall not | 3970 |
exceed five years. The clerk may pay any fee associated with | 3971 |
processing an electronic transfer out of public money and may | 3972 |
charge the fee to the delinquent child. | 3973 |
(3) To defray administrative costs, charge a reasonable fee | 3974 |
to a child who elects a payment plan rather than a lump sum | 3975 |
payment of a financial sanction. | 3976 |
Sec. 2301.03. (A) In Franklin county, the judges of the | 3977 |
court of common pleas whose terms begin on January 1, 1953, | 3978 |
January 2, 1953, January 5, 1969, January 5, 1977, and January 2, | 3979 |
1997, and successors, shall have the same qualifications, exercise | 3980 |
the same powers and jurisdiction, and receive the same | 3981 |
compensation as other judges of the court of common pleas of | 3982 |
Franklin county and shall be elected and designated as judges of | 3983 |
the court of common pleas, division of domestic relations. They | 3984 |
shall have all the powers relating to juvenile courts, and all | 3985 |
cases under Chapters 2151. and 2152. of the Revised Code, all | 3986 |
parentage proceedings under Chapter 3111. of the Revised Code over | 3987 |
which the juvenile court has jurisdiction, and all divorce, | 3988 |
dissolution of marriage, legal separation, and annulment cases | 3989 |
shall be assigned to them. In addition to the judge's regular | 3990 |
duties, the judge who is senior in point of service shall serve on | 3991 |
the children services board and the county advisory board and | 3992 |
shall be the administrator of the domestic relations division and | 3993 |
its subdivisions and departments. | 3994 |
(B) In Hamilton county: | 3995 |
(1) The judge of the court of common pleas, whose term | 3996 |
begins on January 1, 1957, and successors, and the judge of the | 3997 |
court of common pleas, whose term begins on February 14, 1967, and | 3998 |
successors, shall be the juvenile judges as provided in Chapters | 3999 |
2151. and 2152. of the Revised Code, with the powers and | 4000 |
jurisdiction conferred by those chapters. | 4001 |
(2) The judges of the court of common pleas whose terms | 4002 |
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and | 4003 |
successors, shall be elected and designated as judges of the court | 4004 |
of common pleas, division of domestic relations, and shall have | 4005 |
assigned to them all divorce, dissolution of marriage, legal | 4006 |
separation, and annulment cases coming before the court. On or | 4007 |
after the first day of July and before the first day of August of | 4008 |
1991 and each year thereafter, a majority of the judges of the | 4009 |
division of domestic relations shall elect one of the judges of | 4010 |
the division as administrative judge of that division. If a | 4011 |
majority of the judges of the division of domestic relations are | 4012 |
unable for any reason to elect an administrative judge for the | 4013 |
division before the first day of August, a majority of the judges | 4014 |
of the Hamilton county court of common pleas, as soon as possible | 4015 |
after that date, shall elect one of the judges of the division of | 4016 |
domestic relations as administrative judge of that division. The | 4017 |
term of the administrative judge shall begin on the earlier of the | 4018 |
first day of August of the year in which the administrative judge | 4019 |
is elected or the date on which the administrative judge is | 4020 |
elected by a majority of the judges of the Hamilton county court | 4021 |
of common pleas and shall terminate on the date on which the | 4022 |
administrative judge's successor is elected in the following year. | 4023 |
In addition to the judge's regular duties, the administrative | 4024 |
judge of the division of domestic relations shall be the | 4025 |
administrator of the domestic relations division and its | 4026 |
subdivisions and departments and shall have charge of the | 4027 |
employment, assignment, and supervision of the personnel of the | 4028 |
division engaged in handling, servicing, or investigating divorce, | 4029 |
dissolution of marriage, legal separation, and annulment cases, | 4030 |
including any referees considered necessary by the judges in the | 4031 |
discharge of their various duties. | 4032 |
The administrative judge of the division of domestic | 4033 |
relations also shall designate the title, compensation, expense | 4034 |
allowances, hours, leaves of absence, and vacations of the | 4035 |
personnel of the division, and shall fix the duties of its | 4036 |
personnel. The duties of the personnel, in addition to those | 4037 |
provided for in other sections of the Revised Code, shall include | 4038 |
the handling, servicing, and investigation of divorce, dissolution | 4039 |
of marriage, legal separation, and annulment cases and counseling | 4040 |
and conciliation services that may be made available to persons | 4041 |
requesting them, whether or not the persons are parties to an | 4042 |
action pending in the division. | 4043 |
The board of county commissioners shall appropriate the sum | 4044 |
of money each year as will meet all the administrative expenses of | 4045 |
the division of domestic relations, including reasonable expenses | 4046 |
of the domestic relations judges and the division counselors and | 4047 |
other employees designated to conduct the handling, servicing, and | 4048 |
investigation of divorce, dissolution of marriage, legal | 4049 |
separation, and annulment cases, conciliation and counseling, and | 4050 |
all matters relating to those cases and counseling, and the | 4051 |
expenses involved in the attendance of division personnel at | 4052 |
domestic relations and welfare conferences designated by the | 4053 |
division, and the further sum each year as will provide for the | 4054 |
adequate operation of the division of domestic relations. | 4055 |
The compensation and expenses of all employees and the salary | 4056 |
and expenses of the judges shall be paid by the county treasurer | 4057 |
from the money appropriated for the operation of the division, | 4058 |
upon the warrant of the county auditor, certified to by the | 4059 |
administrative judge of the division of domestic relations. | 4060 |
The summonses, warrants, citations, subpoenas, and other | 4061 |
writs of the division may issue to a bailiff, constable, or staff | 4062 |
investigator of the division or to the sheriff of any county or | 4063 |
any marshal, constable, or police officer, and the provisions of | 4064 |
law relating to the subpoenaing of witnesses in other cases shall | 4065 |
apply insofar as they are applicable. When a summons, warrant, | 4066 |
citation, subpoena, or other writ is issued to an officer, other | 4067 |
than a bailiff, constable, or staff investigator of the division, | 4068 |
the expense of serving it shall be assessed as a part of the costs | 4069 |
in the case involved. | 4070 |
(3) The judge of the court of common pleas of Hamilton | 4071 |
county whose term begins on January 3, 1997, and the successor to | 4072 |
that judge whose term begins on January 3, 2003, shall each be | 4073 |
elected and designated for one term only as the drug court judge | 4074 |
of the court of common pleas of Hamilton county. The successors | 4075 |
to the judge whose term begins on January 3, 2003, shall be | 4076 |
elected and designated as judges of the general division of the | 4077 |
court of common pleas of Hamilton county and shall not have the | 4078 |
authority granted by division (B)(3) of this section. The drug | 4079 |
court judge may accept or reject any case referred to the drug | 4080 |
court judge under division (B)(3) of this section. After the drug | 4081 |
court judge accepts a referred case, the drug court judge has full | 4082 |
authority over the case, including the authority to conduct | 4083 |
arraignment, accept pleas, enter findings and dispositions, | 4084 |
conduct trials, order treatment, and if treatment is not | 4085 |
successfully completed pronounce and enter sentence. | 4086 |
A judge of the general division of the court of common pleas | 4087 |
of Hamilton county and a judge of the Hamilton county municipal | 4088 |
court may refer to the drug court judge any case, and any | 4089 |
companion cases, the judge determines meet the criteria described | 4090 |
under divisions (B)(3)(a) and (b) of this section. If the drug | 4091 |
court judge accepts referral of a referred case, the case, and any | 4092 |
companion cases, shall be transferred to the drug court judge. A | 4093 |
judge may refer a case meeting the criteria described in divisions | 4094 |
(B)(3)(a) and (b) of this section that involves a violation of a | 4095 |
4096 | |
drug court judge, and, if the drug court judge accepts the | 4097 |
referral, the referring judge and the drug court judge have | 4098 |
concurrent jurisdiction over the case. | 4099 |
A judge of the general division of the court of common pleas | 4100 |
of Hamilton county and a judge of the Hamilton county municipal | 4101 |
court may refer a case to the drug court judge under division | 4102 |
(B)(3) of this section if the judge determines that both of the | 4103 |
following apply: | 4104 |
(a) One of the following applies: | 4105 |
(i) The case involves a drug abuse offense, as defined in | 4106 |
section 2925.01 of the Revised Code, that is a felony of the third | 4107 |
or fourth degree if the offense is committed prior to July 1, | 4108 |
1996, a felony of the third, fourth, or fifth degree if the | 4109 |
offense is committed on or after July 1, 1996, or a misdemeanor. | 4110 |
(ii) The case involves a theft offense, as defined in | 4111 |
section 2913.01 of the Revised Code, that is a felony of the third | 4112 |
or fourth degree if the offense is committed prior to July 1, | 4113 |
1996, a felony of the third, fourth, or fifth degree if the | 4114 |
offense is committed on or after July 1, 1996, or a misdemeanor, | 4115 |
and the defendant is drug or alcohol dependent or in danger of | 4116 |
becoming drug or alcohol dependent and would benefit from | 4117 |
treatment. | 4118 |
(b) All of the following apply: | 4119 |
(i) The case involves
| 4120 |
community control sanction may be imposed or is a case in which a | 4121 |
mandatory prison term or a mandatory jail term is not required to | 4122 |
be imposed. | 4123 |
(ii) The defendant has no history of violent behavior. | 4124 |
(iii) The defendant has no history of mental illness. | 4125 |
(iv) The defendant's current or past behavior, or both, is | 4126 |
drug or alcohol driven. | 4127 |
(v) The defendant demonstrates a sincere willingness to | 4128 |
participate in a fifteen-month treatment process. | 4129 |
(vi) The defendant has no acute health condition. | 4130 |
(vii) If the defendant is incarcerated, the county | 4131 |
prosecutor approves of the referral. | 4132 |
(4) If the administrative judge of the court of common pleas | 4133 |
of Hamilton county determines that the volume of cases pending | 4134 |
before the drug court judge does not constitute a sufficient | 4135 |
caseload for the drug court judge, the administrative judge, in | 4136 |
accordance with the Rules of Superintendence for Courts of Common | 4137 |
Pleas, shall assign individual cases to the drug court judge from | 4138 |
the general docket of the court. If the assignments so occur, the | 4139 |
administrative judge shall cease the assignments when the | 4140 |
administrative judge determines that the volume of cases pending | 4141 |
before the drug court judge constitutes a sufficient caseload for | 4142 |
the drug court judge. | 4143 |
(5) As used in division (B) of this section, "community | 4144 |
control sanction," "mandatory prison term," and "mandatory jail | 4145 |
term" have the same meanings as in section 2929.01 of the Revised | 4146 |
Code. | 4147 |
(C) In Lorain county, the judges of the court of common | 4148 |
pleas whose terms begin on January 3, 1959, January 4, 1989, and | 4149 |
January 2, 1999, and successors, shall have the same | 4150 |
qualifications, exercise the same powers and jurisdiction, and | 4151 |
receive the same compensation as the other judges of the court of | 4152 |
common pleas of Lorain county and shall be elected and designated | 4153 |
as the judges of the court of common pleas, division of domestic | 4154 |
relations. They shall have all of the powers relating to juvenile | 4155 |
courts, and all cases under Chapters 2151. and 2152. of the | 4156 |
Revised Code, all parentage proceedings over which the juvenile | 4157 |
court has jurisdiction, and all divorce, dissolution of marriage, | 4158 |
legal separation, and annulment cases shall be assigned to them, | 4159 |
except cases that for some special reason are assigned to some | 4160 |
other judge of the court of common pleas. | 4161 |
(D) In Lucas county: | 4162 |
(1) The judges of the court of common pleas whose terms | 4163 |
begin on January 1, 1955, and January 3, 1965, and successors, | 4164 |
shall have the same qualifications, exercise the same powers and | 4165 |
jurisdiction, and receive the same compensation as other judges of | 4166 |
the court of common pleas of Lucas county and shall be elected and | 4167 |
designated as judges of the court of common pleas, division of | 4168 |
domestic relations. All divorce, dissolution of marriage, legal | 4169 |
separation, and annulment cases shall be assigned to them. | 4170 |
The judge of the division of domestic relations, senior in | 4171 |
point of service, shall be considered as the presiding judge of | 4172 |
the court of common pleas, division of domestic relations, and | 4173 |
shall be charged exclusively with the assignment and division of | 4174 |
the work of the division and the employment and supervision of all | 4175 |
other personnel of the domestic relations division. | 4176 |
(2) The judges of the court of common pleas whose terms | 4177 |
begin on January 5, 1977, and January 2, 1991, and successors | 4178 |
shall have the same qualifications, exercise the same powers and | 4179 |
jurisdiction, and receive the same compensation as other judges of | 4180 |
the court of common pleas of Lucas county, shall be elected and | 4181 |
designated as judges of the court of common pleas, juvenile | 4182 |
division, and shall be the juvenile judges as provided in | 4183 |
Chapters 2151. and 2152. of the Revised Code with the powers and | 4184 |
jurisdictions conferred by those chapters. In addition to the | 4185 |
judge's regular duties, the judge of the court of common pleas, | 4186 |
juvenile division, senior in point of service, shall be the | 4187 |
administrator of the juvenile division and its subdivisions and | 4188 |
departments and shall have charge of the employment, assignment, | 4189 |
and supervision of the personnel of the division engaged in | 4190 |
handling, servicing, or investigating juvenile cases, including | 4191 |
any referees considered necessary by the judges of the division in | 4192 |
the discharge of their various duties. | 4193 |
The judge of the court of common pleas, juvenile division, | 4194 |
senior in point of service, also shall designate the title, | 4195 |
compensation, expense allowance, hours, leaves of absence, and | 4196 |
vacation of the personnel of the division and shall fix the duties | 4197 |
of the personnel of the division. The duties of the personnel, in | 4198 |
addition to other statutory duties include the handling, | 4199 |
servicing, and investigation of juvenile cases and counseling and | 4200 |
conciliation services that may be made available to persons | 4201 |
requesting them, whether or not the persons are parties to an | 4202 |
action pending in the division. | 4203 |
(3) If one of the judges of the court of common pleas, | 4204 |
division of domestic relations, or one of the judges of the | 4205 |
juvenile division is sick, absent, or unable to perform that | 4206 |
judge's judicial duties or the volume of cases pending in that | 4207 |
judge's division necessitates it, the duties shall be performed by | 4208 |
the judges of the other of those divisions. | 4209 |
(E) In Mahoning county: | 4210 |
(1) The judge of the court of common pleas whose term began | 4211 |
on January 1, 1955, and successors, shall have the same | 4212 |
qualifications, exercise the same powers and jurisdiction, and | 4213 |
receive the same compensation as other judges of the court of | 4214 |
common pleas of Mahoning county, shall be elected and designated | 4215 |
as judge of the court of common pleas, division of domestic | 4216 |
relations, and shall be assigned all the divorce, dissolution of | 4217 |
marriage, legal separation, and annulment cases coming before the | 4218 |
court. In addition to the judge's regular duties, the judge of | 4219 |
the court of common pleas, division of domestic relations, shall | 4220 |
be the administrator of the domestic relations division and its | 4221 |
subdivisions and departments and shall have charge of the | 4222 |
employment, assignment, and supervision of the personnel of the | 4223 |
division engaged in handling, servicing, or investigating divorce, | 4224 |
dissolution of marriage, legal separation, and annulment cases, | 4225 |
including any referees considered necessary in the discharge of | 4226 |
the various duties of the judge's office. | 4227 |
The judge also shall designate the title, compensation, | 4228 |
expense allowances, hours, leaves of absence, and vacations of the | 4229 |
personnel of the division and shall fix the duties of the | 4230 |
personnel of the division. The duties of the personnel, in | 4231 |
addition to other statutory duties, include the handling, | 4232 |
servicing, and investigation of divorce, dissolution of marriage, | 4233 |
legal separation, and annulment cases and counseling and | 4234 |
conciliation services that may be made available to persons | 4235 |
requesting them, whether or not the persons are parties to an | 4236 |
action pending in the division. | 4237 |
(2) The judge of the court of common pleas whose term began | 4238 |
on January 2, 1969, and successors, shall have the same | 4239 |
qualifications, exercise the same powers and jurisdiction, and | 4240 |
receive the same compensation as other judges of the court of | 4241 |
common pleas of Mahoning county, shall be elected and designated | 4242 |
as judge of the court of common pleas, juvenile division, and | 4243 |
shall be the juvenile judge as provided in Chapters 2151. and | 4244 |
2152. of the Revised Code, with the powers and jurisdictions | 4245 |
conferred by those chapters. In addition to the judge's regular | 4246 |
duties, the judge of the court of common pleas, juvenile division, | 4247 |
shall be the administrator of the juvenile division and its | 4248 |
subdivisions and departments and shall have charge of the | 4249 |
employment, assignment, and supervision of the personnel of the | 4250 |
division engaged in handling, servicing, or investigating juvenile | 4251 |
cases, including any referees considered necessary by the judge in | 4252 |
the discharge of the judge's various duties. | 4253 |
The judge also shall designate the title, compensation, | 4254 |
expense allowances, hours, leaves of absence, and vacation of the | 4255 |
personnel of the division and shall fix the duties of the | 4256 |
personnel of the division. The duties of the personnel, in | 4257 |
addition to other statutory duties, include the handling, | 4258 |
servicing, and investigation of juvenile cases and counseling and | 4259 |
conciliation services that may be made available to persons | 4260 |
requesting them, whether or not the persons are parties to an | 4261 |
action pending in the division. | 4262 |
(3) If a judge of the court of common pleas, division of | 4263 |
domestic relations or juvenile division, is sick, absent, or | 4264 |
unable to perform that judge's judicial duties, or the volume of | 4265 |
cases pending in that judge's division necessitates it, that | 4266 |
judge's duties shall be performed by another judge of the court of | 4267 |
common pleas. | 4268 |
(F) In Montgomery county: | 4269 |
(1) The judges of the court of common pleas whose terms | 4270 |
begin on January 2, 1953, and January 4, 1977, and successors, | 4271 |
shall have the same qualifications, exercise the same powers and | 4272 |
jurisdiction, and receive the same compensation as other judges of | 4273 |
the court of common pleas of Montgomery county and shall be | 4274 |
elected and designated as judges of the court of common pleas, | 4275 |
division of domestic relations. These judges shall have assigned | 4276 |
to them all divorce, dissolution of marriage, legal separation, | 4277 |
and annulment cases. | 4278 |
The judge of the division of domestic relations, senior in | 4279 |
point of service, shall be charged exclusively with the assignment | 4280 |
and division of the work of the division and shall have charge of | 4281 |
the employment and supervision of the personnel of the division | 4282 |
engaged in handling, servicing, or investigating divorce, | 4283 |
dissolution of marriage, legal separation, and annulment cases, | 4284 |
including any necessary referees, except those employees who may | 4285 |
be appointed by the judge, junior in point of service, under this | 4286 |
section and sections 2301.12, 2301.18, and 2301.19 of the Revised | 4287 |
Code. The judge of the division of domestic relations, senior in | 4288 |
point of service, also shall designate the title, compensation, | 4289 |
expense allowances, hours, leaves of absence, and vacation of the | 4290 |
personnel of the division and shall fix their duties. | 4291 |
(2) The judges of the court of common pleas whose terms | 4292 |
begin on January 1, 1953, and January 1, 1993, and successors, | 4293 |
shall have the same qualifications, exercise the same powers and | 4294 |
jurisdiction, and receive the same compensation as other judges of | 4295 |
the court of common pleas of Montgomery county, shall be elected | 4296 |
and designated as judges of the court of common pleas, juvenile | 4297 |
division, and shall be, and have the powers and jurisdiction of, | 4298 |
the juvenile judge as provided in Chapters 2151. and 2152. of the | 4299 |
Revised Code. | 4300 |
In addition to the judge's regular duties, the judge of the | 4301 |
court of common pleas, juvenile division, senior in point of | 4302 |
service, shall be the administrator of the juvenile division and | 4303 |
its subdivisions and departments and shall have charge of the | 4304 |
employment, assignment, and supervision of the personnel of the | 4305 |
juvenile division, including any necessary referees, who are | 4306 |
engaged in handling, servicing, or investigating juvenile cases. | 4307 |
The judge, senior in point of service, also shall designate the | 4308 |
title, compensation, expense allowances, hours, leaves of absence, | 4309 |
and vacation of the personnel of the division and shall fix their | 4310 |
duties. The duties of the personnel, in addition to other | 4311 |
statutory duties, shall include the handling, servicing, and | 4312 |
investigation of juvenile cases and of any counseling and | 4313 |
conciliation services that are available upon request to persons, | 4314 |
whether or not they are parties to an action pending in the | 4315 |
division. | 4316 |
If one of the judges of the court of common pleas, division | 4317 |
of domestic relations, or one of the judges of the court of common | 4318 |
pleas, juvenile division, is sick, absent, or unable to perform | 4319 |
that judge's duties or the volume of cases pending in that judge's | 4320 |
division necessitates it, the duties of that judge may be | 4321 |
performed by the judge or judges of the other of those divisions. | 4322 |
(G) In Richland county, the judge of the court of common | 4323 |
pleas whose term begins on January 1, 1957, and successors, shall | 4324 |
have the same qualifications, exercise the same powers and | 4325 |
jurisdiction, and receive the same compensation as the other | 4326 |
judges of the court of common pleas of Richland county and shall | 4327 |
be elected and designated as judge of the court of common pleas, | 4328 |
division of domestic relations. That judge shall have all of the | 4329 |
powers relating to juvenile courts, and all cases under Chapters | 4330 |
2151. and 2152. of the Revised Code, all parentage proceedings | 4331 |
over which the juvenile court has jurisdiction, and all divorce, | 4332 |
dissolution of marriage, legal separation, and annulment cases | 4333 |
shall be assigned to that judge, except in cases that for some | 4334 |
special reason are assigned to some other judge of the court of | 4335 |
common pleas. | 4336 |
(H) In Stark county, the judges of the court of common pleas | 4337 |
whose terms begin on January 1, 1953, January 2, 1959, and January | 4338 |
1, 1993, and successors, shall have the same qualifications, | 4339 |
exercise the same powers and jurisdiction, and receive the same | 4340 |
compensation as other judges of the court of common pleas of Stark | 4341 |
county and shall be elected and designated as judges of the court | 4342 |
of common pleas, division of domestic relations. They shall have | 4343 |
all the powers relating to juvenile courts, and all cases under | 4344 |
Chapters 2151. and 2152. of the Revised Code, all parentage | 4345 |
proceedings over which the juvenile court has jurisdiction, and | 4346 |
all divorce, dissolution of marriage, legal separation, and | 4347 |
annulment cases, except cases that are assigned to some other | 4348 |
judge of the court of common pleas for some special reason, shall | 4349 |
be assigned to the judges. | 4350 |
The judge of the division of domestic relations, second most | 4351 |
senior in point of service, shall have charge of the employment | 4352 |
and supervision of the personnel of the division engaged in | 4353 |
handling, servicing, or investigating divorce, dissolution of | 4354 |
marriage, legal separation, and annulment cases, and necessary | 4355 |
referees required for the judge's respective court. | 4356 |
The judge of the division of domestic relations, senior in | 4357 |
point of service, shall be charged exclusively with the | 4358 |
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71 | 4359 |
of the Revised Code and with the assignment and division of the | 4360 |
work of the division and the employment and supervision of all | 4361 |
other personnel of the division, including, but not limited to, | 4362 |
that judge's necessary referees, but excepting those employees who | 4363 |
may be appointed by the judge second most senior in point of | 4364 |
service. The senior judge further shall serve in every other | 4365 |
position in which the statutes permit or require a juvenile judge | 4366 |
to serve. | 4367 |
(I) In Summit county: | 4368 |
(1) The judges of the court of common pleas whose terms | 4369 |
begin on January 4, 1967, and January 6, 1993, and successors, | 4370 |
shall have the same qualifications, exercise the same powers and | 4371 |
jurisdiction, and receive the same compensation as other judges of | 4372 |
the court of common pleas of Summit county and shall be elected | 4373 |
and designated as judges of the court of common pleas, division of | 4374 |
domestic relations. The judges of the division of domestic | 4375 |
relations shall have assigned to them and hear all divorce, | 4376 |
dissolution of marriage, legal separation, and annulment cases | 4377 |
that come before the court. Except in cases that are subject to | 4378 |
the exclusive original jurisdiction of the juvenile court, the | 4379 |
judges of the division of domestic relations shall have assigned | 4380 |
to them and hear all cases pertaining to paternity, custody, | 4381 |
visitation, child support, or the allocation of parental rights | 4382 |
and responsibilities for the care of children and all post-decree | 4383 |
proceedings arising from any case pertaining to any of those | 4384 |
matters. The judges of the division of domestic relations shall | 4385 |
have assigned to them and hear all proceedings under the uniform | 4386 |
interstate family support act contained in Chapter 3115. of the | 4387 |
Revised Code. | 4388 |
The judge of the division of domestic relations, senior in | 4389 |
point of service, shall be the administrator of the domestic | 4390 |
relations division and its subdivisions and departments and shall | 4391 |
have charge of the employment, assignment, and supervision of the | 4392 |
personnel of the division, including any necessary referees, who | 4393 |
are engaged in handling, servicing, or investigating divorce, | 4394 |
dissolution of marriage, legal separation, and annulment cases. | 4395 |
That judge also shall designate the title, compensation, expense | 4396 |
allowances, hours, leaves of absence, and vacations of the | 4397 |
personnel of the division and shall fix their duties. The duties | 4398 |
of the personnel, in addition to other statutory duties, shall | 4399 |
include the handling, servicing, and investigation of divorce, | 4400 |
dissolution of marriage, legal separation, and annulment cases and | 4401 |
of any counseling and conciliation services that are available | 4402 |
upon request to all persons, whether or not they are parties to an | 4403 |
action pending in the division. | 4404 |
(2) The judge of the court of common pleas whose term begins | 4405 |
on January 1, 1955, and successors, shall have the same | 4406 |
qualifications, exercise the same powers and jurisdiction, and | 4407 |
receive the same compensation as other judges of the court of | 4408 |
common pleas of Summit county, shall be elected and designated as | 4409 |
judge of the court of common pleas, juvenile division, and shall | 4410 |
be, and have the powers and jurisdiction of, the juvenile judge as | 4411 |
provided in Chapters 2151. and 2152. of the Revised Code. Except | 4412 |
in cases that are subject to the exclusive original jurisdiction | 4413 |
of the juvenile court, the judge of the juvenile division shall | 4414 |
not have jurisdiction or the power to hear, and shall not be | 4415 |
assigned, any case pertaining to paternity, custody, visitation, | 4416 |
child support, or the allocation of parental rights and | 4417 |
responsibilities for the care of children or any post-decree | 4418 |
proceeding arising from any case pertaining to any of those | 4419 |
matters. The judge of the juvenile division shall not have | 4420 |
jurisdiction or the power to hear, and shall not be assigned, any | 4421 |
proceeding under the uniform interstate family support act | 4422 |
contained in Chapter 3115. of the Revised Code. | 4423 |
The juvenile judge shall be the administrator of the juvenile | 4424 |
division and its subdivisions and departments and shall have | 4425 |
charge of the employment, assignment, and supervision of the | 4426 |
personnel of the juvenile division, including any necessary | 4427 |
referees, who are engaged in handling, servicing, or investigating | 4428 |
juvenile cases. The judge also shall designate the title, | 4429 |
compensation, expense allowances, hours, leaves of absence, and | 4430 |
vacation of the personnel of the division and shall fix their | 4431 |
duties. The duties of the personnel, in addition to other | 4432 |
statutory duties, shall include the handling, servicing, and | 4433 |
investigation of juvenile cases and of any counseling and | 4434 |
conciliation services that are available upon request to persons, | 4435 |
whether or not they are parties to an action pending in the | 4436 |
division. | 4437 |
(J) In Trumbull county, the judges of the court of common | 4438 |
pleas whose terms begin on January 1, 1953, and January 2, 1977, | 4439 |
and successors, shall have the same qualifications, exercise the | 4440 |
same powers and jurisdiction, and receive the same compensation as | 4441 |
other judges of the court of common pleas of Trumbull county and | 4442 |
shall be elected and designated as judges of the court of common | 4443 |
pleas, division of domestic relations. They shall have all the | 4444 |
powers relating to juvenile courts, and all cases under Chapters | 4445 |
2151. and 2152. of the Revised Code, all parentage proceedings | 4446 |
over which the juvenile court has jurisdiction, and all divorce, | 4447 |
dissolution of marriage, legal separation, and annulment cases | 4448 |
shall be assigned to them, except cases that for some special | 4449 |
reason are assigned to some other judge of the court of common | 4450 |
pleas. | 4451 |
(K) In Butler county: | 4452 |
(1) The judges of the court of common pleas whose terms | 4453 |
begin on January 1, 1957, and January 4, 1993, and successors, | 4454 |
shall have the same qualifications, exercise the same powers and | 4455 |
jurisdiction, and receive the same compensation as other judges of | 4456 |
the court of common pleas of Butler county and shall be elected | 4457 |
and designated as judges of the court of common pleas, division of | 4458 |
domestic relations. The judges of the division of domestic | 4459 |
relations shall have assigned to them all divorce, dissolution of | 4460 |
marriage, legal separation, and annulment cases coming before the | 4461 |
court, except in cases that for some special reason are assigned | 4462 |
to some other judge of the court of common pleas. The judge | 4463 |
senior in point of service shall be charged with the assignment | 4464 |
and division of the work of the division and with the employment | 4465 |
and supervision of all other personnel of the domestic relations | 4466 |
division. | 4467 |
The judge senior in point of service also shall designate the | 4468 |
title, compensation, expense allowances, hours, leaves of absence, | 4469 |
and vacations of the personnel of the division and shall fix their | 4470 |
duties. The duties of the personnel, in addition to other | 4471 |
statutory duties, shall include the handling, servicing, and | 4472 |
investigation of divorce, dissolution of marriage, legal | 4473 |
separation, and annulment cases and providing any counseling and | 4474 |
conciliation services that the division makes available to | 4475 |
persons, whether or not the persons are parties to an action | 4476 |
pending in the division, who request the services. | 4477 |
(2) The judges of the court of common pleas whose terms | 4478 |
begin on January 3, 1987, and January 2, 2003, and successors, | 4479 |
shall have the same qualifications, exercise the same powers and | 4480 |
jurisdiction, and receive the same compensation as other judges of | 4481 |
the court of common pleas of Butler county, shall be elected and | 4482 |
designated as judges of the court of common pleas, juvenile | 4483 |
division, and shall be the juvenile judges as provided in | 4484 |
Chapters 2151. and 2152. of the Revised Code, with the powers and | 4485 |
jurisdictions conferred by those chapters. The judge of the court | 4486 |
of common pleas, juvenile division, who is senior in point of | 4487 |
service, shall be the administrator of the juvenile division and | 4488 |
its subdivisions and departments. The judge, senior in point of | 4489 |
service, shall have charge of the employment, assignment, and | 4490 |
supervision of the personnel of the juvenile division who are | 4491 |
engaged in handling, servicing, or investigating juvenile cases, | 4492 |
including any referees whom the judge considers necessary for the | 4493 |
discharge of the judge's various duties. | 4494 |
The judge, senior in point of service, also shall designate | 4495 |
the title, compensation, expense allowances, hours, leaves of | 4496 |
absence, and vacation of the personnel of the division and shall | 4497 |
fix their duties. The duties of the personnel, in addition to | 4498 |
other statutory duties, include the handling, servicing, and | 4499 |
investigation of juvenile cases and providing any counseling and | 4500 |
conciliation services that the division makes available to | 4501 |
persons, whether or not the persons are parties to an action | 4502 |
pending in the division, who request the services. | 4503 |
(3) If a judge of the court of common pleas, division of | 4504 |
domestic relations or juvenile division, is sick, absent, or | 4505 |
unable to perform that judge's judicial duties or the volume of | 4506 |
cases pending in the judge's division necessitates it, the duties | 4507 |
of that judge shall be performed by the other judges of the | 4508 |
domestic relations and juvenile divisions. | 4509 |
(L)(1) In Cuyahoga county, the judges of the court of common | 4510 |
pleas whose terms begin on January 8, 1961, January 9, 1961, | 4511 |
January 18, 1975, January 19, 1975, and January 13, 1987, and | 4512 |
successors, shall have the same qualifications, exercise the same | 4513 |
powers and jurisdiction, and receive the same compensation as | 4514 |
other judges of the court of common pleas of Cuyahoga county and | 4515 |
shall be elected and designated as judges of the court of common | 4516 |
pleas, division of domestic relations. They shall have all the | 4517 |
powers relating to all divorce, dissolution of marriage, legal | 4518 |
separation, and annulment cases, except in cases that are assigned | 4519 |
to some other judge of the court of common pleas for some special | 4520 |
reason. | 4521 |
(2) The administrative judge is administrator of the | 4522 |
domestic relations division and its subdivisions and departments | 4523 |
and has the following powers concerning division personnel: | 4524 |
(a) Full charge of the employment, assignment, and | 4525 |
supervision; | 4526 |
(b) Sole determination of compensation, duties, expenses, | 4527 |
allowances, hours, leaves, and vacations. | 4528 |
(3) "Division personnel" include persons employed or referees | 4529 |
engaged in hearing, servicing, investigating, counseling, or | 4530 |
conciliating divorce, dissolution of marriage, legal separation | 4531 |
and annulment matters. | 4532 |
(M) In Lake county: | 4533 |
(1) The judge of the court of common pleas whose term begins | 4534 |
on January 2, 1961, and successors, shall have the same | 4535 |
qualifications, exercise the same powers and jurisdiction, and | 4536 |
receive the same compensation as the other judges of the court of | 4537 |
common pleas of Lake county and shall be elected and designated as | 4538 |
judge of the court of common pleas, division of domestic | 4539 |
relations. The judge shall be assigned all the divorce, | 4540 |
dissolution of marriage, legal separation, and annulment cases | 4541 |
coming before the court, except in cases that for some special | 4542 |
reason are assigned to some other judge of the court of common | 4543 |
pleas. The judge shall be charged with the assignment and | 4544 |
division of the work of the division and with the employment and | 4545 |
supervision of all other personnel of the domestic relations | 4546 |
division. | 4547 |
The judge also shall designate the title, compensation, | 4548 |
expense allowances, hours, leaves of absence, and vacations of the | 4549 |
personnel of the division and shall fix their duties. The duties | 4550 |
of the personnel, in addition to other statutory duties, shall | 4551 |
include the handling, servicing, and investigation of divorce, | 4552 |
dissolution of marriage, legal separation, and annulment cases and | 4553 |
providing any counseling and conciliation services that the | 4554 |
division makes available to persons, whether or not the persons | 4555 |
are parties to an action pending in the division, who request the | 4556 |
services. | 4557 |
(2) The judge of the court of common pleas whose term begins | 4558 |
on January 4, 1979, and successors, shall have the same | 4559 |
qualifications, exercise the same powers and jurisdiction, and | 4560 |
receive the same compensation as other judges of the court of | 4561 |
common pleas of Lake county, shall be elected and designated as | 4562 |
judge of the court of common pleas, juvenile division, and shall | 4563 |
be the juvenile judge as provided in Chapters 2151. and 2152. of | 4564 |
the Revised Code, with the powers and jurisdictions conferred by | 4565 |
those chapters. The judge of the court of common pleas, juvenile | 4566 |
division, shall be the administrator of the juvenile division and | 4567 |
its subdivisions and departments. The judge shall have charge of | 4568 |
the employment, assignment, and supervision of the personnel of | 4569 |
the juvenile division who are engaged in handling, servicing, or | 4570 |
investigating juvenile cases, including any referees whom the | 4571 |
judge considers necessary for the discharge of the judge's various | 4572 |
duties. | 4573 |
The judge also shall designate the title, compensation, | 4574 |
expense allowances, hours, leaves of absence, and vacation of the | 4575 |
personnel of the division and shall fix their duties. The duties | 4576 |
of the personnel, in addition to other statutory duties, include | 4577 |
the handling, servicing, and investigation of juvenile cases and | 4578 |
providing any counseling and conciliation services that the | 4579 |
division makes available to persons, whether or not the persons | 4580 |
are parties to an action pending in the division, who request the | 4581 |
services. | 4582 |
(3) If a judge of the court of common pleas, division of | 4583 |
domestic relations or juvenile division, is sick, absent, or | 4584 |
unable to perform that judge's judicial duties or the volume of | 4585 |
cases pending in the judge's division necessitates it, the duties | 4586 |
of that judge shall be performed by the other judges of the | 4587 |
domestic relations and juvenile divisions. | 4588 |
(N) In Erie county, the judge of the court of common pleas | 4589 |
whose term begins on January 2, 1971, and successors, shall have | 4590 |
the same qualifications, exercise the same powers and | 4591 |
jurisdiction, and receive the same compensation as the other judge | 4592 |
of the court of common pleas of Erie county and shall be elected | 4593 |
and designated as judge of the court of common pleas, division of | 4594 |
domestic relations. The judge shall have all the powers relating | 4595 |
to juvenile courts, and shall be assigned all cases under Chapters | 4596 |
2151. and 2152. of the Revised Code, parentage proceedings over | 4597 |
which the juvenile court has jurisdiction, and divorce, | 4598 |
dissolution of marriage, legal separation, and annulment cases, | 4599 |
except cases that for some special reason are assigned to some | 4600 |
other judge. | 4601 |
(O) In Greene county: | 4602 |
(1) The judge of the court of common pleas whose term begins | 4603 |
on January 1, 1961, and successors, shall have the same | 4604 |
qualifications, exercise the same powers and jurisdiction, and | 4605 |
receive the same compensation as the other judges of the court of | 4606 |
common pleas of Greene county and shall be elected and designated | 4607 |
as the judge of the court of common pleas, division of domestic | 4608 |
relations. The judge shall be assigned all divorce, dissolution | 4609 |
of marriage, legal separation, annulment, uniform reciprocal | 4610 |
support enforcement, and domestic violence cases and all other | 4611 |
cases related to domestic relations, except cases that for some | 4612 |
special reason are assigned to some other judge of the court of | 4613 |
common pleas. | 4614 |
The judge shall be charged with the assignment and division | 4615 |
of the work of the division and with the employment and | 4616 |
supervision of all other personnel of the division. The judge | 4617 |
also shall designate the title, compensation, hours, leaves of | 4618 |
absence, and vacations of the personnel of the division and shall | 4619 |
fix their duties. The duties of the personnel of the division, in | 4620 |
addition to other statutory duties, shall include the handling, | 4621 |
servicing, and investigation of divorce, dissolution of marriage, | 4622 |
legal separation, and annulment cases and the provision of | 4623 |
counseling and conciliation services that the division considers | 4624 |
necessary and makes available to persons who request the services, | 4625 |
whether or not the persons are parties in an action pending in the | 4626 |
division. The compensation for the personnel shall be paid from | 4627 |
the overall court budget and shall be included in the | 4628 |
appropriations for the existing judges of the general division of | 4629 |
the court of common pleas. | 4630 |
(2) The judge of the court of common pleas whose term begins | 4631 |
on January 1, 1995, and successors, shall have the same | 4632 |
qualifications, exercise the same powers and jurisdiction, and | 4633 |
receive the same compensation as the other judges of the court of | 4634 |
common pleas of Greene county, shall be elected and designated as | 4635 |
judge of the court of common pleas, juvenile division, and, on or | 4636 |
after January 1, 1995, shall be the juvenile judge as provided in | 4637 |
Chapters 2151. and 2152. of the Revised Code with the powers and | 4638 |
jurisdiction conferred by those chapters. The judge of the court | 4639 |
of common pleas, juvenile division, shall be the administrator of | 4640 |
the juvenile division and its subdivisions and departments. The | 4641 |
judge shall have charge of the employment, assignment, and | 4642 |
supervision of the personnel of the juvenile division who are | 4643 |
engaged in handling, servicing, or investigating juvenile cases, | 4644 |
including any referees whom the judge considers necessary for the | 4645 |
discharge of the judge's various duties. | 4646 |
The judge also shall designate the title, compensation, | 4647 |
expense allowances, hours, leaves of absence, and vacation of the | 4648 |
personnel of the division and shall fix their duties. The duties | 4649 |
of the personnel, in addition to other statutory duties, include | 4650 |
the handling, servicing, and investigation of juvenile cases and | 4651 |
providing any counseling and conciliation services that the court | 4652 |
makes available to persons, whether or not the persons are parties | 4653 |
to an action pending in the court, who request the services. | 4654 |
(3) If one of the judges of the court of common pleas, | 4655 |
general division, is sick, absent, or unable to perform that | 4656 |
judge's judicial duties or the volume of cases pending in the | 4657 |
general division necessitates it, the duties of that judge of the | 4658 |
general division shall be performed by the judge of the division | 4659 |
of domestic relations and the judge of the juvenile division. | 4660 |
(P) In Portage county, the judge of the court of common | 4661 |
pleas, whose term begins January 2, 1987, and successors, shall | 4662 |
have the same qualifications, exercise the same powers and | 4663 |
jurisdiction, and receive the same compensation as the other | 4664 |
judges of the court of common pleas of Portage county and shall be | 4665 |
elected and designated as judge of the court of common pleas, | 4666 |
division of domestic relations. The judge shall be assigned all | 4667 |
divorce, dissolution of marriage, legal separation, and annulment | 4668 |
cases coming before the court, except in cases that for some | 4669 |
special reason are assigned to some other judge of the court of | 4670 |
common pleas. The judge shall be charged with the assignment and | 4671 |
division of the work of the division and with the employment and | 4672 |
supervision of all other personnel of the domestic relations | 4673 |
division. | 4674 |
The judge also shall designate the title, compensation, | 4675 |
expense allowances, hours, leaves of absence, and vacations of the | 4676 |
personnel of the division and shall fix their duties. The duties | 4677 |
of the personnel, in addition to other statutory duties, shall | 4678 |
include the handling, servicing, and investigation of divorce, | 4679 |
dissolution of marriage, legal separation, and annulment cases and | 4680 |
providing any counseling and conciliation services that the | 4681 |
division makes available to persons, whether or not the persons | 4682 |
are parties to an action pending in the division, who request the | 4683 |
services. | 4684 |
(Q) In Clermont county, the judge of the court of common | 4685 |
pleas, whose term begins January 2, 1987, and successors, shall | 4686 |
have the same qualifications, exercise the same powers and | 4687 |
jurisdiction, and receive the same compensation as the other | 4688 |
judges of the court of common pleas of Clermont county and shall | 4689 |
be elected and designated as judge of the court of common pleas, | 4690 |
division of domestic relations. The judge shall be assigned all | 4691 |
divorce, dissolution of marriage, legal separation, and annulment | 4692 |
cases coming before the court, except in cases that for some | 4693 |
special reason are assigned to some other judge of the court of | 4694 |
common pleas. The judge shall be charged with the assignment and | 4695 |
division of the work of the division and with the employment and | 4696 |
supervision of all other personnel of the domestic relations | 4697 |
division. | 4698 |
The judge also shall designate the title, compensation, | 4699 |
expense allowances, hours, leaves of absence, and vacations of the | 4700 |
personnel of the division and shall fix their duties. The duties | 4701 |
of the personnel, in addition to other statutory duties, shall | 4702 |
include the handling, servicing, and investigation of divorce, | 4703 |
dissolution of marriage, legal separation, and annulment cases and | 4704 |
providing any counseling and conciliation services that the | 4705 |
division makes available to persons, whether or not the persons | 4706 |
are parties to an action pending in the division, who request the | 4707 |
services. | 4708 |
(R) In Warren county, the judge of the court of common | 4709 |
pleas, whose term begins January 1, 1987, and successors, shall | 4710 |
have the same qualifications, exercise the same powers and | 4711 |
jurisdiction, and receive the same compensation as the other | 4712 |
judges of the court of common pleas of Warren county and shall be | 4713 |
elected and designated as judge of the court of common pleas, | 4714 |
division of domestic relations. The judge shall be assigned all | 4715 |
divorce, dissolution of marriage, legal separation, and annulment | 4716 |
cases coming before the court, except in cases that for some | 4717 |
special reason are assigned to some other judge of the court of | 4718 |
common pleas. The judge shall be charged with the assignment and | 4719 |
division of the work of the division and with the employment and | 4720 |
supervision of all other personnel of the domestic relations | 4721 |
division. | 4722 |
The judge also shall designate the title, compensation, | 4723 |
expense allowances, hours, leaves of absence, and vacations of the | 4724 |
personnel of the division and shall fix their duties. The duties | 4725 |
of the personnel, in addition to other statutory duties, shall | 4726 |
include the handling, servicing, and investigation of divorce, | 4727 |
dissolution of marriage, legal separation, and annulment cases and | 4728 |
providing any counseling and conciliation services that the | 4729 |
division makes available to persons, whether or not the persons | 4730 |
are parties to an action pending in the division, who request the | 4731 |
services. | 4732 |
(S) In Licking county, the judge of the court of common | 4733 |
pleas, whose term begins January 1, 1991, and successors, shall | 4734 |
have the same qualifications, exercise the same powers and | 4735 |
jurisdiction, and receive the same compensation as the other | 4736 |
judges of the court of common pleas of Licking county and shall be | 4737 |
elected and designated as judge of the court of common pleas, | 4738 |
division of domestic relations. The judge shall be assigned all | 4739 |
divorce, dissolution of marriage, legal separation, and annulment | 4740 |
cases, all cases arising under Chapter 3111. of the Revised Code, | 4741 |
all proceedings involving child support, the allocation of | 4742 |
parental rights and responsibilities for the care of children and | 4743 |
the designation for the children of a place of residence and legal | 4744 |
custodian, parenting time, and visitation, and all post-decree | 4745 |
proceedings and matters arising from those cases and proceedings, | 4746 |
except in cases that for some special reason are assigned to | 4747 |
another judge of the court of common pleas. The judge shall be | 4748 |
charged with the assignment and division of the work of the | 4749 |
division and with the employment and supervision of the personnel | 4750 |
of the division. | 4751 |
The judge shall designate the title, compensation, expense | 4752 |
allowances, hours, leaves of absence, and vacations of the | 4753 |
personnel of the division and shall fix the duties of the | 4754 |
personnel of the division. The duties of the personnel of the | 4755 |
division, in addition to other statutory duties, shall include the | 4756 |
handling, servicing, and investigation of divorce, dissolution of | 4757 |
marriage, legal separation, and annulment cases, cases arising | 4758 |
under Chapter 3111. of the Revised Code, and proceedings involving | 4759 |
child support, the allocation of parental rights and | 4760 |
responsibilities for the care of children and the designation for | 4761 |
the children of a place of residence and legal custodian, | 4762 |
parenting time, and visitation and providing any counseling and | 4763 |
conciliation services that the division makes available to | 4764 |
persons, whether or not the persons are parties to an action | 4765 |
pending in the division, who request the services. | 4766 |
(T) In Allen county, the judge of the court of common pleas, | 4767 |
whose term begins January 1, 1993, and successors, shall have the | 4768 |
same qualifications, exercise the same powers and jurisdiction, | 4769 |
and receive the same compensation as the other judges of the court | 4770 |
of common pleas of Allen county and shall be elected and | 4771 |
designated as judge of the court of common pleas, division of | 4772 |
domestic relations. The judge shall be assigned all divorce, | 4773 |
dissolution of marriage, legal separation, and annulment cases, | 4774 |
all cases arising under Chapter 3111. of the Revised Code, all | 4775 |
proceedings involving child support, the allocation of parental | 4776 |
rights and responsibilities for the care of children and the | 4777 |
designation for the children of a place of residence and legal | 4778 |
custodian, parenting time, and visitation, and all post-decree | 4779 |
proceedings and matters arising from those cases and proceedings, | 4780 |
except in cases that for some special reason are assigned to | 4781 |
another judge of the court of common pleas. The judge shall be | 4782 |
charged with the assignment and division of the work of the | 4783 |
division and with the employment and supervision of the personnel | 4784 |
of the division. | 4785 |
The judge shall designate the title, compensation, expense | 4786 |
allowances, hours, leaves of absence, and vacations of the | 4787 |
personnel of the division and shall fix the duties of the | 4788 |
personnel of the division. The duties of the personnel of the | 4789 |
division, in addition to other statutory duties, shall include the | 4790 |
handling, servicing, and investigation of divorce, dissolution of | 4791 |
marriage, legal separation, and annulment cases, cases arising | 4792 |
under Chapter 3111. of the Revised Code, and proceedings involving | 4793 |
child support, the allocation of parental rights and | 4794 |
responsibilities for the care of children and the designation for | 4795 |
the children of a place of residence and legal custodian, | 4796 |
parenting time, and visitation, and providing any counseling and | 4797 |
conciliation services that the division makes available to | 4798 |
persons, whether or not the persons are parties to an action | 4799 |
pending in the division, who request the services. | 4800 |
(U) In Medina county, the judge of the court of common pleas | 4801 |
whose term begins January 1, 1995, and successors, shall have the | 4802 |
same qualifications, exercise the same powers and jurisdiction, | 4803 |
and receive the same compensation as other judges of the court of | 4804 |
common pleas of Medina county and shall be elected and designated | 4805 |
as judge of the court of common pleas, division of domestic | 4806 |
relations. The judge shall be assigned all divorce, dissolution | 4807 |
of marriage, legal separation, and annulment cases, all cases | 4808 |
arising under Chapter 3111. of the Revised Code, all proceedings | 4809 |
involving child support, the allocation of parental rights and | 4810 |
responsibilities for the care of children and the designation for | 4811 |
the children of a place of residence and legal custodian, | 4812 |
parenting time, and visitation, and all post-decree proceedings | 4813 |
and matters arising from those cases and proceedings, except in | 4814 |
cases that for some special reason are assigned to another judge | 4815 |
of the court of common pleas. The judge shall be charged with the | 4816 |
assignment and division of the work of the division and with the | 4817 |
employment and supervision of the personnel of the division. | 4818 |
The judge shall designate the title, compensation, expense | 4819 |
allowances, hours, leaves of absence, and vacations of the | 4820 |
personnel of the division and shall fix the duties of the | 4821 |
personnel of the division. The duties of the personnel, in | 4822 |
addition to other statutory duties, include the handling, | 4823 |
servicing, and investigation of divorce, dissolution of marriage, | 4824 |
legal separation, and annulment cases, cases arising under Chapter | 4825 |
3111. of the Revised Code, and proceedings involving child | 4826 |
support, the allocation of parental rights and responsibilities | 4827 |
for the care of children and the designation for the children of a | 4828 |
place of residence and legal custodian, parenting time, and | 4829 |
visitation, and providing counseling and conciliation services | 4830 |
that the division makes available to persons, whether or not the | 4831 |
persons are parties to an action pending in the division, who | 4832 |
request the services. | 4833 |
(V) In Fairfield county, the judge of the court of common | 4834 |
pleas whose term begins January 2, 1995, and successors, shall | 4835 |
have the same qualifications, exercise the same powers and | 4836 |
jurisdiction, and receive the same compensation as the other | 4837 |
judges of the court of common pleas of Fairfield county and shall | 4838 |
be elected and designated as judge of the court of common pleas, | 4839 |
division of domestic relations. The judge shall be assigned all | 4840 |
divorce, dissolution of marriage, legal separation, and annulment | 4841 |
cases, all cases arising under Chapter 3111. of the Revised Code, | 4842 |
all proceedings involving child support, the allocation of | 4843 |
parental rights and responsibilities for the care of children and | 4844 |
the designation for the children of a place of residence and legal | 4845 |
custodian, parenting time, and visitation, and all post-decree | 4846 |
proceedings and matters arising from those cases and proceedings, | 4847 |
except in cases that for some special reason are assigned to | 4848 |
another judge of the court of common pleas. The judge also has | 4849 |
concurrent jurisdiction with the probate-juvenile division of the | 4850 |
court of common pleas of Fairfield county with respect to and may | 4851 |
hear cases to determine the custody of a child, as defined in | 4852 |
section 2151.011 of the Revised Code, who is not the ward of | 4853 |
another court of this state, cases that are commenced by a parent, | 4854 |
guardian, or custodian of a child, as defined in section 2151.011 | 4855 |
of the Revised Code, to obtain an order requiring a parent of the | 4856 |
child to pay child support for that child when the request for | 4857 |
that order is not ancillary to an action for divorce, dissolution | 4858 |
of marriage, annulment, or legal separation, a criminal or civil | 4859 |
action involving an allegation of domestic violence, an action for | 4860 |
support under Chapter 3115. of the Revised Code, or an action that | 4861 |
is within the exclusive original jurisdiction of the | 4862 |
probate-juvenile division of the court of common pleas of | 4863 |
Fairfield county and that involves an allegation that the child is | 4864 |
an abused, neglected, or dependent child, and post-decree | 4865 |
proceedings and matters arising from those types of cases. | 4866 |
The judge of the domestic relations division shall be charged | 4867 |
with the assignment and division of the work of the division and | 4868 |
with the employment and supervision of the personnel of the | 4869 |
division. | 4870 |
The judge shall designate the title, compensation, expense | 4871 |
allowances, hours, leaves of absence, and vacations of the | 4872 |
personnel of the division and shall fix the duties of the | 4873 |
personnel of the division. The duties of the personnel of the | 4874 |
division, in addition to other statutory duties, shall include the | 4875 |
handling, servicing, and investigation of divorce, dissolution of | 4876 |
marriage, legal separation, and annulment cases, cases arising | 4877 |
under Chapter 3111. of the Revised Code, and proceedings involving | 4878 |
child support, the allocation of parental rights and | 4879 |
responsibilities for the care of children and the designation for | 4880 |
the children of a place of residence and legal custodian, | 4881 |
parenting time, and visitation, and providing any counseling and | 4882 |
conciliation services that the division makes available to | 4883 |
persons, regardless of whether the persons are parties to an | 4884 |
action pending in the division, who request the services. When | 4885 |
the judge hears a case to determine the custody of a child, as | 4886 |
defined in section 2151.011 of the Revised Code, who is not the | 4887 |
ward of another court of this state or a case that is commenced by | 4888 |
a parent, guardian, or custodian of a child, as defined in section | 4889 |
2151.011 of the Revised Code, to obtain an order requiring a | 4890 |
parent of the child to pay child support for that child when the | 4891 |
request for that order is not ancillary to an action for divorce, | 4892 |
dissolution of marriage, annulment, or legal separation, a | 4893 |
criminal or civil action involving an allegation of domestic | 4894 |
violence, an action for support under Chapter 3115. of the Revised | 4895 |
Code, or an action that is within the exclusive original | 4896 |
jurisdiction of the probate-juvenile division of the court of | 4897 |
common pleas of Fairfield county and that involves an allegation | 4898 |
that the child is an abused, neglected, or dependent child, the | 4899 |
duties of the personnel of the domestic relations division also | 4900 |
include the handling, servicing, and investigation of those types | 4901 |
of cases. | 4902 |
(W)(1) In Clark county, the judge of the court of common | 4903 |
pleas whose term begins on January 2, 1995, and successors, shall | 4904 |
have the same qualifications, exercise the same powers and | 4905 |
jurisdiction, and receive the same compensation as other judges of | 4906 |
the court of common pleas of Clark county and shall be elected and | 4907 |
designated as judge of the court of common pleas, domestic | 4908 |
relations division. The judge shall have all the powers relating | 4909 |
to juvenile courts, and all cases under Chapters 2151. and 2152. | 4910 |
of the Revised Code and all parentage proceedings under Chapter | 4911 |
3111. of the Revised Code over which the juvenile court has | 4912 |
jurisdiction shall be assigned to the judge of the division of | 4913 |
domestic relations. All divorce, dissolution of marriage, legal | 4914 |
separation, annulment, uniform reciprocal support enforcement, and | 4915 |
other cases related to domestic relations shall be assigned to the | 4916 |
domestic relations division, and the presiding judge of the court | 4917 |
of common pleas shall assign the cases to the judge of the | 4918 |
domestic relations division and the judges of the general | 4919 |
division. | 4920 |
(2) In addition to the judge's regular duties, the judge of | 4921 |
the division of domestic relations shall serve on the children | 4922 |
services board and the county advisory board. | 4923 |
(3) If the judge of the court of common pleas of Clark | 4924 |
county, division of domestic relations, is sick, absent, or unable | 4925 |
to perform that judge's judicial duties or if the presiding judge | 4926 |
of the court of common pleas of Clark county determines that the | 4927 |
volume of cases pending in the division of domestic relations | 4928 |
necessitates it, the duties of the judge of the division of | 4929 |
domestic relations shall be performed by the judges of the general | 4930 |
division or probate division of the court of common pleas of Clark | 4931 |
county, as assigned for that purpose by the presiding judge of | 4932 |
that court, and the judges so assigned shall act in conjunction | 4933 |
with the judge of the division of domestic relations of that | 4934 |
court. | 4935 |
(X) In Scioto county, the judge of the court of common pleas | 4936 |
whose term begins January 2, 1995, and successors, shall have the | 4937 |
same qualifications, exercise the same powers and jurisdiction, | 4938 |
and receive the same compensation as other judges of the court of | 4939 |
common pleas of Scioto county and shall be elected and designated | 4940 |
as judge of the court of common pleas, division of domestic | 4941 |
relations. The judge shall be assigned all divorce, dissolution | 4942 |
of marriage, legal separation, and annulment cases, all cases | 4943 |
arising under Chapter 3111. of the Revised Code, all proceedings | 4944 |
involving child support, the allocation of parental rights and | 4945 |
responsibilities for the care of children and the designation for | 4946 |
the children of a place of residence and legal custodian, | 4947 |
parenting time, visitation, and all post-decree proceedings and | 4948 |
matters arising from those cases and proceedings, except in cases | 4949 |
that for some special reason are assigned to another judge of the | 4950 |
court of common pleas. The judge shall be charged with the | 4951 |
assignment and division of the work of the division and with the | 4952 |
employment and supervision of the personnel of the division. | 4953 |
The judge shall designate the title, compensation, expense | 4954 |
allowances, hours, leaves of absence, and vacations of the | 4955 |
personnel of the division and shall fix the duties of the | 4956 |
personnel of the division. The duties of the personnel, in | 4957 |
addition to other statutory duties, include the handling, | 4958 |
servicing, and investigation of divorce, dissolution of marriage, | 4959 |
legal separation, and annulment cases, cases arising under Chapter | 4960 |
3111. of the Revised Code, and proceedings involving child | 4961 |
support, the allocation of parental rights and responsibilities | 4962 |
for the care of children and the designation for the children of a | 4963 |
place of residence and legal custodian, parenting time, and | 4964 |
visitation, and providing counseling and conciliation services | 4965 |
that the division makes available to persons, whether or not the | 4966 |
persons are parties to an action pending in the division, who | 4967 |
request the services. | 4968 |
(Y) In Auglaize county, the judge of the probate and | 4969 |
juvenile divisions of the Auglaize county court of common pleas | 4970 |
also shall be the administrative judge of the domestic relations | 4971 |
division of the court and shall be assigned all divorce, | 4972 |
dissolution of marriage, legal separation, and annulment cases | 4973 |
coming before the court. The judge shall have all powers as | 4974 |
administrator of the domestic relations division and shall have | 4975 |
charge of the personnel engaged in handling, servicing, or | 4976 |
investigating divorce, dissolution of marriage, legal separation, | 4977 |
and annulment cases, including any referees considered necessary | 4978 |
for the discharge of the judge's various duties. | 4979 |
(Z)(1) In Marion county, the judge of the court of common | 4980 |
pleas whose term begins on February 9, 1999, and the successors to | 4981 |
that judge, shall have the same qualifications, exercise the same | 4982 |
powers and jurisdiction, and receive the same compensation as the | 4983 |
other judges of the court of common pleas of Marion county and | 4984 |
shall be elected and designated as judge of the court of common | 4985 |
pleas, domestic relations-juvenile-probate division. Except as | 4986 |
otherwise specified in this division, that judge, and the | 4987 |
successors to that judge, shall have all the powers relating to | 4988 |
juvenile courts, and all cases under Chapters 2151. and 2152. of | 4989 |
the Revised Code, all cases arising under Chapter 3111. of the | 4990 |
Revised Code, all divorce, dissolution of marriage, legal | 4991 |
separation, and annulment cases, all proceedings involving child | 4992 |
support, the allocation of parental rights and responsibilities | 4993 |
for the care of children and the designation for the children of a | 4994 |
place of residence and legal custodian, parenting time, and | 4995 |
visitation, and all post-decree proceedings and matters arising | 4996 |
from those cases and proceedings shall be assigned to that judge | 4997 |
and the successors to that judge. Except as provided in division | 4998 |
(Z)(2) of this section and notwithstanding any other provision of | 4999 |
any section of the Revised Code, on and after February 9, 2003, | 5000 |
the judge of the court of common pleas of Marion county whose term | 5001 |
begins on February 9, 1999, and the successors to that judge, | 5002 |
shall have all the powers relating to the probate division of the | 5003 |
court of common pleas of Marion county in addition to the powers | 5004 |
previously specified in this division, and shall exercise | 5005 |
concurrent jurisdiction with the judge of the probate division of | 5006 |
that court over all matters that are within the jurisdiction of | 5007 |
the probate division of that court under Chapter 2101., and other | 5008 |
provisions, of the Revised Code in addition to the jurisdiction of | 5009 |
the domestic relations-juvenile-probate division of that court | 5010 |
otherwise specified in division (Z)(1) of this section. | 5011 |
(2) The judge of the domestic relations-juvenile-probate | 5012 |
division of the court of common pleas of Marion county or the | 5013 |
judge of the probate division of the court of common pleas of | 5014 |
Marion county, whichever of those judges is senior in total length | 5015 |
of service on the court of common pleas of Marion county, | 5016 |
regardless of the division or divisions of service, shall serve as | 5017 |
the clerk of the probate division of the court of common pleas of | 5018 |
Marion county. | 5019 |
(3) On and after February 9, 2003, all references in law to | 5020 |
"the probate court," "the probate judge," "the juvenile court," or | 5021 |
"the judge of the juvenile court" shall be construed, with respect | 5022 |
to Marion county, as being references to both "the probate | 5023 |
division" and "the domestic relations-juvenile-probate division" | 5024 |
and as being references to both "the judge of the probate | 5025 |
division" and "the judge of the domestic relations- | 5026 |
juvenile-probate division." On and after February 9, 2003, all | 5027 |
references in law to "the clerk of the probate court" shall be | 5028 |
construed, with respect to Marion county, as being references to | 5029 |
the judge who is serving pursuant to division (Z)(2) of this | 5030 |
section as the clerk of the probate division of the court of | 5031 |
common pleas of Marion county. | 5032 |
(AA) In Muskingum county, the judge of the court of common | 5033 |
pleas whose term begins on January 2, 2003, and successors, shall | 5034 |
have the same qualifications, exercise the same powers and | 5035 |
jurisdiction, and receive the same compensation as the other | 5036 |
judges of the court of common pleas of Muskingum county and shall | 5037 |
be elected and designated as the judge of the court of common | 5038 |
pleas, division of domestic relations. The judge shall be | 5039 |
assigned and hear all divorce, dissolution of marriage, legal | 5040 |
separation, and annulment cases and all proceedings under the | 5041 |
uniform interstate family support act contained in Chapter 3115. | 5042 |
of the Revised Code. Except in cases that are subject to the | 5043 |
exclusive original jurisdiction of the juvenile court, the judge | 5044 |
shall be assigned and hear all cases pertaining to paternity, | 5045 |
visitation, child support, the allocation of parental rights and | 5046 |
responsibilities for the care of children, and the designation for | 5047 |
the children of a place of residence and legal custodian, and all | 5048 |
post-decree proceedings arising from any case pertaining to any of | 5049 |
those matters. | 5050 |
(BB) If a judge of the court of common pleas, division of | 5051 |
domestic relations, or juvenile judge, of any of the counties | 5052 |
mentioned in this section is sick, absent, or unable to perform | 5053 |
that judge's judicial duties or the volume of cases pending in the | 5054 |
judge's division necessitates it, the duties of that judge shall | 5055 |
be performed by another judge of the court of common pleas of that | 5056 |
county, assigned for that purpose by the presiding judge of the | 5057 |
court of common pleas of that county to act in place of or in | 5058 |
conjunction with that judge, as the case may require. | 5059 |
Sec. 2301.27. (A)(1) The court of common pleas may | 5060 |
establish a county department of probation. The establishment of | 5061 |
the department shall be entered upon the journal of the court, and | 5062 |
the clerk of the court of common pleas shall certify a copy of the | 5063 |
journal entry establishing the department to each elective officer | 5064 |
and board of the county. The department shall consist of a chief | 5065 |
probation officer and the number of other probation officers and | 5066 |
employees, clerks, and stenographers that is fixed from time to | 5067 |
time by the court. The court shall appoint those individuals, fix | 5068 |
their salaries, and supervise their work. The court shall not | 5069 |
appoint as a probation officer any person who does not possess the | 5070 |
training, experience, and other qualifications prescribed by the | 5071 |
adult parole authority created by section 5149.02 of the Revised | 5072 |
Code. Probation officers have all the powers of regular police | 5073 |
officers and shall perform any duties that are designated by the | 5074 |
judge or judges of the court. All positions within the department | 5075 |
of probation shall be in the classified service of the civil | 5076 |
service of the county. | 5077 |
(2) If two or more counties desire to jointly establish a | 5078 |
probation department for those counties, the judges of the courts | 5079 |
of common pleas of those counties may establish a probation | 5080 |
department for those counties. If a probation department is | 5081 |
established pursuant to division (A)(2) of this section to serve | 5082 |
more than one county, the judges of the courts of common pleas | 5083 |
that established the department shall designate the county | 5084 |
treasurer of one of the counties served by the department as the | 5085 |
treasurer to whom probation fees paid under section 2951.021 of | 5086 |
the Revised Code are to be appropriated and transferred under | 5087 |
division (A)(2) of section 321.44 of the Revised Code for deposit | 5088 |
into the multicounty probation services fund established under | 5089 |
division (B) of section 321.44 of the Revised Code. | 5090 |
The cost of the administration and operation of a probation | 5091 |
department established for two or more counties shall be prorated | 5092 |
to the respective counties on the basis of population. | 5093 |
(3) Probation officers shall receive, in addition to their | 5094 |
respective salaries, their necessary and reasonable travel and | 5095 |
other expenses incurred in the performance of their duties. Their | 5096 |
salaries and expenses shall be paid monthly from the county | 5097 |
treasury in the manner provided for the payment of the | 5098 |
compensation of other appointees of the court. | 5099 |
(B)(1) In lieu of establishing a county department of | 5100 |
probation under division (A) of this section and in lieu of | 5101 |
entering into an agreement with the adult parole authority as | 5102 |
described in division (B) of section 2301.32 of the Revised Code, | 5103 |
the court of common pleas may request the board of county | 5104 |
commissioners to contract with, and upon that request the board | 5105 |
may contract with, any nonprofit, public or private agency, | 5106 |
association, or organization for the provision of probation | 5107 |
services and supervisory services for persons placed under | 5108 |
community control sanctions. The contract shall specify that each | 5109 |
individual providing the probation services and supervisory | 5110 |
services shall possess the training, experience, and other | 5111 |
qualifications prescribed by the adult parole authority. The | 5112 |
individuals who provide the probation services and supervisory | 5113 |
services shall not be included in the classified or unclassified | 5114 |
civil service of the county. | 5115 |
(2) In lieu of establishing a county department of probation | 5116 |
under division (A) of this section and in lieu of entering into an | 5117 |
agreement with the adult parole authority as described in division | 5118 |
(B) of section 2301.32 of the Revised Code, the courts of common | 5119 |
pleas of two or more adjoining counties jointly may request the | 5120 |
boards of county commissioners of those counties to contract with, | 5121 |
and upon that request the boards of county commissioners of two or | 5122 |
more adjoining counties jointly may contract with, any nonprofit, | 5123 |
public or private agency, association, or organization for the | 5124 |
provision of probation services and supervisory services for | 5125 |
persons placed under community control sanctions for those | 5126 |
counties. The contract shall specify that each individual | 5127 |
providing the probation services and supervisory services shall | 5128 |
possess the training, experience, and other qualifications | 5129 |
prescribed by the adult parole authority. The individuals who | 5130 |
provide the probation services and supervisory services shall not | 5131 |
be included in the classified or unclassified civil service of any | 5132 |
of those counties. | 5133 |
(C) The chief probation officer may grant permission to a | 5134 |
probation officer to carry firearms when required in the discharge | 5135 |
of official duties, provided that any probation officer who is | 5136 |
granted permission to carry firearms in the discharge of official | 5137 |
duties, within six months of receiving permission to carry a | 5138 |
firearm, shall successfully complete a basic firearm training | 5139 |
program that is conducted at a training school approved by the | 5140 |
Ohio peace officer training commission and that is substantially | 5141 |
similar to the basic firearm training program for peace officers | 5142 |
conducted at the Ohio peace officer training academy and receive a | 5143 |
certificate of satisfactory completion of that program from the | 5144 |
executive director of the Ohio peace officer training commission. | 5145 |
Any probation officer who does not successfully complete a basic | 5146 |
firearm training program within the six-month period after | 5147 |
receiving permission to carry a firearm shall not carry, after the | 5148 |
expiration of that six-month period, a firearm in the discharge of | 5149 |
official duties until the probation officer has successfully | 5150 |
completed a basic firearm training program. A probation officer | 5151 |
who has received a certificate of satisfactory completion of a | 5152 |
basic firearm training program, to maintain the right to carry a | 5153 |
firearm in the discharge of official duties, annually shall | 5154 |
successfully complete a firearms requalification program in | 5155 |
accordance with section 109.801 of the Revised Code. | 5156 |
(D) As used in this section and sections 2301.28 to 2301.32 | 5157 |
of the Revised Code, "community control sanction" has the same | 5158 |
meaning as in section 2929.01 of the Revised Code. | 5159 |
Sec. 2301.28. The court of common pleas of a county in which | 5160 |
a county department of probation has been established under | 5161 |
division (A) of section 2301.27 of the Revised Code, in addition | 5162 |
to employing the department in investigation and in the | 5163 |
administration of its own orders
| 5164 |
control sanctions, shall receive into the legal control or | 5165 |
supervision of the department any person who is a resident of the | 5166 |
county and who has been placed
| 5167 |
control sanction by order of any other court exercising criminal | 5168 |
jurisdiction in this state, whether within or without the county | 5169 |
in which the department of probation is located, upon the request | 5170 |
of the other court and subject to its continuing jurisdiction. The | 5171 |
court of common pleas also shall receive into the legal custody or | 5172 |
supervision of the department any person who is paroled,released | 5173 |
under a post-release control sanction, or conditionally pardoned | 5174 |
from a state correctional institution and who resides or remains | 5175 |
in the county, if requested by the adult parole authority created | 5176 |
by section 5149.02 of the Revised Code or any other authority | 5177 |
having power to parole or release from any institution of that | 5178 |
nature. | 5179 |
As used in this section and section 2301.30 of the Revised | 5180 |
Code, "post-release control sanction" has the same meaning as in | 5181 |
section 2967.01 of the Revised Code. | 5182 |
Sec. 2301.30. The court of common pleas of a county in which | 5183 |
a county department of probation is established under division (A) | 5184 |
of section 2301.27 of the Revised Code shall require the | 5185 |
department, in the rules through which the supervision of the | 5186 |
department is exercised or otherwise, to do all of the following: | 5187 |
(A) Furnish to each person under a community control | 5188 |
sanction or
post-release control sanction or on
| 5189 |
parole under its supervision or in its custody, a written | 5190 |
statement of the
conditions of
| 5191 |
sanction, post-release control sanction, or parole and instruct | 5192 |
5193 |
(B) Keep informed concerning the conduct and condition of | 5194 |
each person in its custody or under its supervision by visiting, | 5195 |
the requiring of reports, and otherwise; | 5196 |
(C) Use all suitable methods, not inconsistent with the | 5197 |
conditions of
| 5198 |
post-release control sanction, or parole, to aid and encourage the | 5199 |
persons under its supervision or in its custody and to bring about | 5200 |
improvement in their conduct and condition; | 5201 |
(D) Keep detailed records of the work of the department, | 5202 |
keep accurate and complete accounts of all moneys collected from | 5203 |
persons under its supervision or in its custody, and keep or give | 5204 |
receipts for those moneys; | 5205 |
(E) Make reports to the adult parole authority created by | 5206 |
section 5149.02 of the Revised Code that it requires. | 5207 |
Sec. 2301.32. (A) In any county in which a county | 5208 |
department of probation has been established under division (A) of | 5209 |
section 2301.27 of the Revised Code and complies with standards | 5210 |
and conditions prescribed by the adult parole authority created by | 5211 |
section 5149.02 of the Revised Code, an agreement may be entered | 5212 |
into between the court of common pleas and the authority under | 5213 |
which the county department of probation
| 5214 |
supplemental investigation or supervisory services from the | 5215 |
authority. | 5216 |
(B) In any county in which a county department of probation | 5217 |
has not been established under division (A) of section 2301.27 of | 5218 |
the Revised Code, an agreement may be entered into between the | 5219 |
court of common pleas of that county and the adult parole | 5220 |
authority under which the court of common pleas may place | 5221 |
defendants
| 5222 |
charge of the authority, and, in consideration of those | 5223 |
placements, the county shall pay to the state from time to time | 5224 |
the amounts that are provided for in the agreement. | 5225 |
Sec. 2301.56. (A) A judicial corrections board that | 5226 |
proposes or establishes one or more community-based correctional | 5227 |
facilities and programs or district community-based correctional | 5228 |
facilities and programs may apply to the division of parole and | 5229 |
community services for state financial assistance for the cost of | 5230 |
renovation, maintenance, and operation of any of the facilities | 5231 |
and programs. If the judicial corrections board has proposed or | 5232 |
established more than one facility and program and if it desires | 5233 |
state financial assistance for more than one of the facilities and | 5234 |
programs, the board shall submit a separate application for each | 5235 |
facility and program for which it desires the financial | 5236 |
assistance. | 5237 |
An application for state financial assistance under this | 5238 |
section may be made when the judicial corrections board submits | 5239 |
for the approval of the section its proposal for the establishment | 5240 |
of the facility and program in question to the division of parole | 5241 |
and community services under division (B) of section 2301.51 of | 5242 |
the Revised Code, or at any time after the section has approved | 5243 |
the proposal. All applications for state financial assistance for | 5244 |
proposed or approved facilities and programs shall be made on | 5245 |
forms that are prescribed and furnished by the department of | 5246 |
rehabilitation and correction, and in accordance with section | 5247 |
5120.112 of the Revised Code. | 5248 |
The judicial corrections board may submit a request for | 5249 |
funding of some or all of its community-based correctional | 5250 |
facilities and programs or district community-based correctional | 5251 |
facilities and programs to the board of county commissioners of | 5252 |
the county, if the judicial corrections board serves a | 5253 |
community-based correctional facility and program, or to the | 5254 |
boards of county commissioners of all of the member counties, if | 5255 |
the judicial corrections board serves a district community-based | 5256 |
correctional facility and program. The board or boards may | 5257 |
appropriate, but are not required to appropriate, a sum of money | 5258 |
for funding all aspects of each facility and program as outlined | 5259 |
in sections 2301.51 to 2301.56 of the Revised Code. The judicial | 5260 |
corrections board has no recourse against a board or boards of | 5261 |
county commissioners, either under Chapter 2731. of the Revised | 5262 |
Code, under its contempt power, or under any other authority, if | 5263 |
the board or boards of county commissioners do not appropriate | 5264 |
money for funding any facility or program or if they appropriate | 5265 |
money for funding a facility and program in an amount less than | 5266 |
the total amount of the submitted request for funding. | 5267 |
(B) Pursuant to section 2929.37 of the Revised Code, a board | 5268 |
of county commissioners may require a person who was convicted of | 5269 |
an offense and who is confined in a community-based correctional | 5270 |
facility or district community-based correctional facility as | 5271 |
provided in sections 2301.51 to 2301.56 of the Revised Code, to | 5272 |
reimburse the county for its expenses incurred by reason of the | 5273 |
person's confinement. | 5274 |
(C) Notwithstanding any contrary provision in this section or | 5275 |
section
2929.18,
| 5276 |
Revised Code, the judicial corrections board may establish a | 5277 |
policy that complies with section 2929.38 of the Revised Code and | 5278 |
that requires any person who is not indigent and who is confined | 5279 |
in the community-based correctional facility or district | 5280 |
community-based correctional facility to pay a reception fee or | 5281 |
a fee for any medical treatment or service requested by and | 5282 |
provided to that person. | 5283 |
(D) If a person who has been convicted of or pleaded guilty | 5284 |
to an offense is confined in a community-based correctional | 5285 |
facility or district community-based correctional facility, at the | 5286 |
time of reception and at other times the person in charge of the | 5287 |
operation of the facility determines to be appropriate, the person | 5288 |
in charge of the operation of the facility may cause the convicted | 5289 |
offender to be examined and tested for tuberculosis, HIV | 5290 |
infection, hepatitis, including but not limited to hepatitis A, B, | 5291 |
and C, and other contagious diseases. The person in charge of the | 5292 |
operation of the facility may cause a convicted offender in the | 5293 |
facility who refuses to be tested or treated for tuberculosis, HIV | 5294 |
infection, hepatitis, including but not limited to hepatitis A, B, | 5295 |
and C, or another contagious disease to be tested and treated | 5296 |
involuntarily. | 5297 |
Sec. 2305.234. (A) As used in this section: | 5298 |
(1) "Chiropractic claim," "medical claim," and "optometric | 5299 |
claim" have the same meanings as in section 2305.11 of the Revised | 5300 |
Code. | 5301 |
(2) "Dental claim" has the same meaning as in section 2305.11 | 5302 |
of the Revised Code, except that it does not include any claim | 5303 |
arising out of a dental operation or any derivative claim for | 5304 |
relief that arises out of a dental operation. | 5305 |
(3) "Governmental health care program" has the same meaning | 5306 |
as in section 4731.65 of the Revised Code. | 5307 |
(4) "Health care professional" means any of the following who | 5308 |
provide medical, dental, or other health-related diagnosis, care, | 5309 |
or treatment: | 5310 |
(a) Physicians authorized under Chapter 4731. of the Revised | 5311 |
Code to practice medicine and surgery or osteopathic medicine and | 5312 |
surgery; | 5313 |
(b) Registered nurses and licensed practical nurses licensed | 5314 |
under Chapter 4723. of the Revised Code; | 5315 |
(c) Physician assistants authorized to practice under | 5316 |
Chapter 4730. of the Revised Code; | 5317 |
(d) Dentists and dental hygienists licensed under Chapter | 5318 |
4715. of the Revised Code; | 5319 |
(e) Physical therapists licensed under Chapter 4755. of the | 5320 |
Revised Code; | 5321 |
(f) Chiropractors licensed under Chapter 4734. of the | 5322 |
Revised Code; | 5323 |
(g) Optometrists licensed under Chapter 4725. of the Revised | 5324 |
Code; | 5325 |
(h) Podiatrists authorized under Chapter 4731. of the | 5326 |
Revised Code to practice podiatry; | 5327 |
(i) Dietitians licensed under Chapter 4759. of the Revised | 5328 |
Code; | 5329 |
(j) Pharmacists licensed under Chapter 4729. of the Revised | 5330 |
Code. | 5331 |
(5) "Health care worker" means a person other than a health | 5332 |
care professional who provides medical, dental, or other | 5333 |
health-related care or treatment under the direction of a health | 5334 |
care professional with the authority to direct that individual's | 5335 |
activities, including medical technicians, medical assistants, | 5336 |
dental assistants, orderlies, aides, and individuals acting in | 5337 |
similar capacities. | 5338 |
(6) "Indigent and uninsured person" means a person who meets | 5339 |
all of the following requirements: | 5340 |
(a) The person's income is not greater than one hundred | 5341 |
fifty per cent of the current poverty line as defined by the | 5342 |
United States office of management and budget and revised in | 5343 |
accordance with section 673(2) of the "Omnibus Budget | 5344 |
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as | 5345 |
amended. | 5346 |
(b) The person is not eligible to receive medical assistance | 5347 |
under Chapter 5111., disability assistance medical assistance | 5348 |
under Chapter 5115. of the Revised Code, or assistance under any | 5349 |
other governmental health care program. | 5350 |
(c) Either of the following applies: | 5351 |
(i) The person is not a policyholder, certificate holder, | 5352 |
insured, contract holder, subscriber, enrollee, member, | 5353 |
beneficiary, or other covered individual under a health insurance | 5354 |
or health care policy, contract, or plan. | 5355 |
(ii) The person is a policyholder, certificate holder, | 5356 |
insured, contract holder, subscriber, enrollee, member, | 5357 |
beneficiary, or other covered individual under a health insurance | 5358 |
or health care policy, contract, or plan, but the insurer, policy, | 5359 |
contract, or plan denies coverage or is the subject of insolvency | 5360 |
or bankruptcy proceedings in any jurisdiction. | 5361 |
(7) "Operation" means any procedure that involves cutting or | 5362 |
otherwise infiltrating human tissue by mechanical means, including | 5363 |
surgery, laser surgery, ionizing radiation, therapeutic | 5364 |
ultrasound, or the removal of intraocular foreign bodies. | 5365 |
"Operation" does not include the administration of medication by | 5366 |
injection, unless the injection is administered in conjunction | 5367 |
with a procedure infiltrating human tissue by mechanical means | 5368 |
other than the administration of medicine by injection. | 5369 |
(8) "Nonprofit shelter or health care facility" means a | 5370 |
charitable nonprofit corporation organized and operated pursuant | 5371 |
to Chapter 1702. of the Revised Code, or any charitable | 5372 |
organization not organized and not operated for profit, that | 5373 |
provides shelter, health care services, or shelter and health care | 5374 |
services to indigent and uninsured persons, except that "shelter | 5375 |
or health care facility" does not include a hospital as defined in | 5376 |
section 3727.01 of the Revised Code, a facility licensed under | 5377 |
Chapter 3721. of the Revised Code, or a medical facility that is | 5378 |
operated for profit. | 5379 |
(9) "Tort action" means a civil action for damages for | 5380 |
injury, death, or loss to person or property other than a civil | 5381 |
action for damages for a breach of contract or another agreement | 5382 |
between persons or government entities. | 5383 |
(10) "Volunteer" means an individual who provides any | 5384 |
medical, dental, or other health-care related diagnosis, care, or | 5385 |
treatment without the expectation of receiving and without receipt | 5386 |
of any compensation or other form of remuneration from an indigent | 5387 |
and uninsured person, another person on behalf of an indigent and | 5388 |
uninsured person, any shelter or health care facility, or any | 5389 |
other person or government entity. | 5390 |
(11) "Community control sanction" has the same meaning as in | 5391 |
section 2929.01 of the Revised Code. | 5392 |
(B)(1) Subject to divisions (E) and (F)(3) of this section, | 5393 |
a health care professional who is a volunteer and complies with | 5394 |
division (B)(2) of this section is not liable in damages to any | 5395 |
person or government entity in a tort or other civil action, | 5396 |
including an action on a medical, dental, chiropractic, | 5397 |
optometric, or other health-related claim, for injury, death, or | 5398 |
loss to person or property that allegedly arises from an action or | 5399 |
omission of the volunteer in the provision at a nonprofit shelter | 5400 |
or health care facility to an indigent and uninsured person of | 5401 |
medical, dental, or other health-related diagnosis, care, or | 5402 |
treatment, including the provision of samples of medicine and | 5403 |
other medical products, unless the action or omission constitutes | 5404 |
willful or wanton misconduct. | 5405 |
(2) To qualify for the immunity described in division (B)(1) | 5406 |
of this section, a health care professional shall do all of the | 5407 |
following prior to providing diagnosis, care, or treatment: | 5408 |
(a) Determine, in good faith, that the indigent and | 5409 |
uninsured person is mentally capable of giving informed consent to | 5410 |
the provision of the diagnosis, care, or treatment and is not | 5411 |
subject to duress or under undue influence; | 5412 |
(b) Inform the person of the provisions of this section; | 5413 |
(c) Obtain the informed consent of the person and a written | 5414 |
waiver, signed by the person or by another individual on behalf of | 5415 |
and in the presence of the person, that states that the person is | 5416 |
mentally competent to give informed consent and, without being | 5417 |
subject to duress or under undue influence, gives informed consent | 5418 |
to the provision of the diagnosis, care, or treatment subject to | 5419 |
the provisions of this section. | 5420 |
(3) A physician or podiatrist who is not covered by medical | 5421 |
malpractice insurance, but complies with division (B)(2) of this | 5422 |
section, is not required to comply with division (A) of section | 5423 |
4731.143 of the Revised Code. | 5424 |
(C) Subject to divisions (E) and (F)(3) of this section, | 5425 |
health care workers who are volunteers are not liable in damages | 5426 |
to any person or government entity in a tort or other civil | 5427 |
action, including an action upon a medical, dental, chiropractic, | 5428 |
optometric, or other health-related claim, for injury, death, or | 5429 |
loss to person or property that allegedly arises from an action or | 5430 |
omission of the health care worker in the provision at a nonprofit | 5431 |
shelter or health care facility to an indigent and uninsured | 5432 |
person of medical, dental, or other health-related diagnosis, | 5433 |
care, or treatment, unless the action or omission constitutes | 5434 |
willful or wanton misconduct. | 5435 |
(D) Subject to divisions (E) and (F)(3) of this section and | 5436 |
section 3701.071 of the Revised Code, a nonprofit shelter or | 5437 |
health care facility associated with a health care professional | 5438 |
described in division (B)(1) of this section or a health care | 5439 |
worker described in division (C) of this section is not liable in | 5440 |
damages to any person or government entity in a tort or other | 5441 |
civil action, including an action on a medical, dental, | 5442 |
chiropractic, optometric, or other health-related claim, for | 5443 |
injury, death, or loss to person or property that allegedly arises | 5444 |
from an action or omission of the health care professional or | 5445 |
worker in providing for the shelter or facility medical, dental, | 5446 |
or other health-related diagnosis, care, or treatment to an | 5447 |
indigent and uninsured person, unless the action or omission | 5448 |
constitutes willful or wanton misconduct. | 5449 |
(E)(1) Except as provided in division (E)(2) of this | 5450 |
section, the immunities provided by divisions (B), (C), and (D) of | 5451 |
this section are not available to an individual or to a nonprofit | 5452 |
shelter or health care facility if, at the time of an alleged | 5453 |
injury, death, or loss to person or property, the individuals | 5454 |
involved are providing one of the following: | 5455 |
(a) Any medical, dental, or other health-related diagnosis, | 5456 |
care, or treatment pursuant to a community service work order | 5457 |
entered by a court under division
| 5458 |
Revised
Code
| 5459 |
5460 | |
sanction
| 5461 |
5462 |
(b) Performance of an operation | 5463 |
(c) Delivery of a baby. | 5464 |
(2) Division (E)(1) of this section does not apply to an | 5465 |
individual who provides, or a nonprofit shelter or health care | 5466 |
facility at which the individual provides, diagnosis, care, or | 5467 |
treatment that is necessary to preserve the life of a person in a | 5468 |
medical emergency. | 5469 |
(F)(1) This section does not create a new cause of action or | 5470 |
substantive legal right against a health care professional, health | 5471 |
care worker, or nonprofit shelter or health care facility. | 5472 |
(2) This section does not affect any immunities from civil | 5473 |
liability or defenses established by another section of the | 5474 |
Revised Code or available at common law to which an individual or | 5475 |
a nonprofit shelter or health care facility may be entitled in | 5476 |
connection with the provision of emergency or other diagnosis, | 5477 |
care, or treatment. | 5478 |
(3) This section does not grant an immunity from tort or | 5479 |
other civil liability to an individual or a nonprofit shelter or | 5480 |
health care facility for actions that are outside the scope of | 5481 |
authority of health care professionals or health care workers. | 5482 |
(4) This section does not affect any legal responsibility of | 5483 |
a health care professional or health care worker to comply with | 5484 |
any applicable law of this state or rule of an agency of this | 5485 |
state. | 5486 |
(5) This section does not affect any legal responsibility of | 5487 |
a nonprofit shelter or health care facility to comply with any | 5488 |
applicable law of this state, rule of an agency of this state, or | 5489 |
local code, ordinance, or regulation that pertains to or regulates | 5490 |
building, housing, air pollution, water pollution, sanitation, | 5491 |
health, fire, zoning, or safety. | 5492 |
Sec. 2901.02. As used in the Revised Code: | 5493 |
(A) Offenses include aggravated murder, murder, felonies of | 5494 |
the first, second, third, fourth, and fifth degree, misdemeanors | 5495 |
of the first, second, third, and fourth degree, minor | 5496 |
misdemeanors, and offenses not specifically classified. | 5497 |
(B) Aggravated murder when the indictment or the count in | 5498 |
the indictment charging aggravated murder contains one or more | 5499 |
specifications of aggravating circumstances listed in division (A) | 5500 |
of section 2929.04 of Revised Code, and any other offense for | 5501 |
which death may be imposed as a penalty, is a capital offense. | 5502 |
(C) Aggravated murder and murder are felonies. | 5503 |
(D) Regardless of the penalty that may be imposed, any | 5504 |
offense specifically classified as a felony is a felony, and any | 5505 |
offense specifically classified as a misdemeanor is a misdemeanor. | 5506 |
(E) Any offense not specifically classified is a felony if | 5507 |
imprisonment for more than one year may be imposed as a penalty. | 5508 |
(F) Any offense not specifically classified is a misdemeanor | 5509 |
if imprisonment for not more than one year may be imposed as a | 5510 |
penalty. | 5511 |
(G) Any offense not specifically classified is a minor | 5512 |
misdemeanor if the only penalty that may be imposed is one of the | 5513 |
following: | 5514 |
(1) For an offense committed prior to the effective date of | 5515 |
this amendment, a fine not exceeding one hundred dollars; | 5516 |
(2) For an offense committed on or after the effective date | 5517 |
of this amendment, a fine not exceeding one hundred fifty dollars, | 5518 |
community service under division (C) of section 2929.27 of the | 5519 |
Revised Code, or a financial sanction other than a fine under | 5520 |
section 2929.28 of the Revised Code. | 5521 |
Sec. 2903.13. (A) No person shall knowingly cause or | 5522 |
attempt to cause physical harm to another or to another's unborn. | 5523 |
(B) No person shall recklessly cause serious physical harm | 5524 |
to another or to another's unborn. | 5525 |
(C) Whoever violates this section is guilty of assault. | 5526 |
Except as otherwise provided in division (C)(1), (2), (3), (4), | 5527 |
or (5) of this section, assault is a misdemeanor of the first | 5528 |
degree. | 5529 |
(1) Except as otherwise provided in this division, if the | 5530 |
offense is committed by a caretaker against a functionally | 5531 |
impaired person under the caretaker's care, assault is a felony of | 5532 |
the fourth degree. If the offense is committed by a caretaker | 5533 |
against a functionally impaired person under the caretaker's care, | 5534 |
if the offender previously has been convicted of or pleaded guilty | 5535 |
to a violation of this section or section 2903.11 or 2903.16 of | 5536 |
the Revised Code, and if in relation to the previous conviction | 5537 |
the offender was a caretaker and the victim was a functionally | 5538 |
impaired person under the offender's care, assault is a felony of | 5539 |
the third degree. | 5540 |
(2) If the offense is committed in any of the following | 5541 |
circumstances, assault is a felony of the fifth degree: | 5542 |
(a) The offense occurs in or on the grounds of a state | 5543 |
correctional institution or an institution of the department of | 5544 |
youth services, the victim of the offense is an employee of the | 5545 |
department of rehabilitation and correction, the department of | 5546 |
youth services, or a probation department or is on the premises of | 5547 |
the particular institution for business purposes or as a visitor, | 5548 |
and the offense is committed by a person incarcerated in the state | 5549 |
correctional institution, by a person institutionalized in the | 5550 |
department of youth services institution pursuant to a commitment | 5551 |
to the department of youth services, by a
| 5552 |
by an offender under transitional control, under a community | 5553 |
control sanction, or on an escorted visit, by a person under | 5554 |
post-release control, or by an offender under any other type of | 5555 |
supervision by a government agency. | 5556 |
(b) The offense occurs in or on the grounds of a local | 5557 |
correctional facility, the victim of the offense is an employee of | 5558 |
the local correctional facility or a probation department or is on | 5559 |
the premises of the facility for business purposes or as a | 5560 |
visitor, and the offense is committed by a person who is under | 5561 |
custody in the facility subsequent to the person's arrest for any | 5562 |
crime or delinquent act, subsequent to the person's being charged | 5563 |
with or convicted of any crime, or subsequent to the person's | 5564 |
being alleged to be or adjudicated a delinquent child. | 5565 |
(c) The offense occurs off the grounds of a state | 5566 |
correctional institution and off the grounds of an institution of | 5567 |
the department of youth services, the victim of the offense is an | 5568 |
employee of the department of rehabilitation and correction, the | 5569 |
department of youth services, or a probation department, the | 5570 |
offense occurs during the employee's official work hours and while | 5571 |
the employee is engaged in official work responsibilities, and the | 5572 |
offense is committed by a person incarcerated in a state | 5573 |
correctional institution or institutionalized in the department of | 5574 |
youth services who temporarily is outside of the institution for | 5575 |
any purpose, by a
| 5576 |
transitional control, under a community control sanction, or on an | 5577 |
escorted visit, by a person under post-release control, or by an | 5578 |
offender under any other type of supervision by a government | 5579 |
agency. | 5580 |
(d) The offense occurs off the grounds of a local | 5581 |
correctional facility, the victim of the offense is an employee of | 5582 |
the local correctional facility or a probation department, the | 5583 |
offense occurs during the employee's official work hours and while | 5584 |
the employee is engaged in official work responsibilities, and the | 5585 |
offense is committed by a person who is under custody in the | 5586 |
facility subsequent to the person's arrest for any crime or | 5587 |
delinquent act, subsequent to the person being charged with or | 5588 |
convicted of any crime, or subsequent to the person being alleged | 5589 |
to be or adjudicated a delinquent child and who temporarily is | 5590 |
outside of the facility
for any purpose or by a
| 5591 |
parolee, by an offender under transitional control, under a | 5592 |
community control sanction, or on an escorted visit, by a person | 5593 |
under post-release control, or by an offender under any other type | 5594 |
of supervision by a government agency. | 5595 |
(e) The victim of the offense is a school teacher or | 5596 |
administrator or a school bus operator, and the offense occurs in | 5597 |
a school, on school premises, in a school building, on a school | 5598 |
bus, or while the victim is outside of school premises or a school | 5599 |
bus and is engaged in duties or official responsibilities | 5600 |
associated with the victim's employment or position as a school | 5601 |
teacher or administrator or a school bus operator, including, but | 5602 |
not limited to, driving, accompanying, or chaperoning students at | 5603 |
or on class or field trips, athletic events, or other school | 5604 |
extracurricular activities or functions outside of school | 5605 |
premises. | 5606 |
(3) If the victim of the offense is a peace officer, a | 5607 |
firefighter, or a person performing emergency medical service, | 5608 |
while in the performance of their official duties, assault is a | 5609 |
felony of the fourth degree. | 5610 |
(4) If the victim of the offense is a peace officer and if | 5611 |
the victim suffered serious physical harm as a result of the | 5612 |
commission of the offense, assault is a felony of the fourth | 5613 |
degree, and the court, pursuant to division (F) of section 2929.13 | 5614 |
of the Revised Code, shall impose as a mandatory prison term one | 5615 |
of the prison terms prescribed for a felony of the fourth degree | 5616 |
that is at least twelve months in duration. | 5617 |
(5) If the victim of the offense is an officer or employee | 5618 |
of a public children services agency or a private child placing | 5619 |
agency and the offense relates to the officer's or employee's | 5620 |
performance or anticipated performance of official | 5621 |
responsibilities or duties, assault is either a felony of the | 5622 |
fifth degree or, if the offender previously has been convicted of | 5623 |
or pleaded guilty to an offense of violence, the victim of that | 5624 |
prior offense was an officer or employee of a public children | 5625 |
services agency or private child placing agency, and that prior | 5626 |
offense related to the officer's or employee's performance or | 5627 |
anticipated performance of official responsibilities or duties, a | 5628 |
felony of the fourth degree. | 5629 |
(D) As used in this section: | 5630 |
(1) "Peace officer" has the same meaning as in section | 5631 |
2935.01 of the Revised Code. | 5632 |
(2) "Firefighter" has the same meaning as in section 3937.41 | 5633 |
of the Revised Code. | 5634 |
(3) "Emergency medical service" has the same meaning as in | 5635 |
section 4765.01 of the Revised Code. | 5636 |
(4) "Local correctional facility" means a county, | 5637 |
multicounty, municipal, municipal-county, or multicounty-municipal | 5638 |
jail or workhouse, a minimum security jail established under | 5639 |
section 341.23 or 753.21 of the Revised Code, or another county, | 5640 |
multicounty, municipal, municipal-county, or multicounty-municipal | 5641 |
facility used for the custody of persons arrested for any crime or | 5642 |
delinquent act, persons charged with or convicted of any crime, or | 5643 |
persons alleged to be or adjudicated a delinquent child. | 5644 |
(5) "Employee of a local correctional facility" means a | 5645 |
person who is an employee of the political subdivision or of one | 5646 |
or more of the affiliated political subdivisions that operates the | 5647 |
local correctional facility and who operates or assists in the | 5648 |
operation of the facility. | 5649 |
(6) "School teacher or administrator" means either of the | 5650 |
following: | 5651 |
(a) A person who is employed in the public schools of the | 5652 |
state under a contract described in section 3319.08 of the Revised | 5653 |
Code in a position in which the person is required to have a | 5654 |
certificate issued pursuant to sections 3319.22 to 3319.311 of the | 5655 |
Revised Code. | 5656 |
(b) A person who is employed by a nonpublic school for which | 5657 |
the state board of education prescribes minimum standards under | 5658 |
section 3301.07 of the Revised Code and who is certificated in | 5659 |
accordance with section 3301.071 of the Revised Code. | 5660 |
(7) "Community control sanction" has the same meaning as in | 5661 |
section 2929.01 of the Revised Code. | 5662 |
(8) "Escorted visit" means an escorted visit granted under | 5663 |
section 2967.27 of the Revised Code. | 5664 |
(9) "Post-release control" and "transitional control" have | 5665 |
the same meanings as in section 2967.01 of the Revised Code. | 5666 |
Sec. 2905.12. (A) No person, with purpose to coerce another | 5667 |
into taking or refraining from action concerning which
| 5668 |
other person has a legal freedom of choice, shall do any of the | 5669 |
following: | 5670 |
(1) Threaten to commit any offense; | 5671 |
(2) Utter or threaten any calumny against any person; | 5672 |
(3) Expose or threaten to expose any matter tending to | 5673 |
subject any person to hatred, contempt, or ridicule,
| 5674 |
5675 | |
person's credit; | 5676 |
(4) Institute or threaten criminal proceedings against any | 5677 |
person; | 5678 |
(5) Take
| 5679 |
official action, or cause or threaten to cause official action to | 5680 |
be taken or withheld. | 5681 |
(B) Divisions (A)(4) and (5) of this section shall not be | 5682 |
construed to prohibit a prosecutor or court from doing any of the | 5683 |
following in good faith and in the interests of justice: | 5684 |
(1) Offering or agreeing to grant, or granting immunity from | 5685 |
prosecution pursuant to section 2945.44 of the Revised Code; | 5686 |
(2) In return for a plea of guilty to one or more offenses | 5687 |
charged or to one or more other or lesser offenses, or in return | 5688 |
for the testimony of the accused in a case to which
| 5689 |
is not a party, offering or agreeing to dismiss, or dismissing one | 5690 |
or more charges pending against an accused, or offering or | 5691 |
agreeing to impose, or imposing a certain sentence or modification | 5692 |
of sentence; | 5693 |
(3) Imposing
| 5694 |
certain conditions, including without limitation requiring the | 5695 |
offender to make restitution or
redress to the victim of
| 5696 |
offense. | 5697 |
(C) It is an affirmative defense to a charge under division | 5698 |
(A)(3), (4), or (5) of this section that the actor's conduct was a | 5699 |
reasonable response to the circumstances
| 5700 |
and that
| 5701 |
following: | 5702 |
(1) Compelling another to refrain from misconduct or to | 5703 |
desist from further misconduct; | 5704 |
(2) Preventing or redressing a wrong or injustice; | 5705 |
(3) Preventing another from taking action for which the | 5706 |
actor reasonably believed
| 5707 |
disqualified; | 5708 |
(4) Compelling another to take action
| 5709 |
reasonably believed
| 5710 |
take. | 5711 |
(D) Whoever violates this section is guilty of coercion, a | 5712 |
misdemeanor of the second degree. | 5713 |
(E) As used in this section | 5714 |
(1) "Threat" includes a direct threat and a threat by | 5715 |
innuendo. | 5716 |
(2)"Community control sanction" has the same meaning as in | 5717 |
section 2929.01 of the Revised Code. | 5718 |
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of the | 5719 |
Revised Code: | 5720 |
(A) "Sexual conduct" means vaginal intercourse between a | 5721 |
male and female; anal intercourse, fellatio, and cunnilingus | 5722 |
between persons regardless of sex; and, without privilege to do | 5723 |
so, the insertion, however slight, of any part of the body or any | 5724 |
instrument, apparatus, or other object into the vaginal or anal | 5725 |
cavity of another. Penetration, however slight, is sufficient to | 5726 |
complete vaginal or anal intercourse. | 5727 |
(B) "Sexual contact" means any touching of an erogenous zone | 5728 |
of another, including without limitation the thigh, genitals, | 5729 |
buttock, pubic region, or, if the person is a female, a breast, | 5730 |
for the purpose of sexually arousing or gratifying either person. | 5731 |
(C) "Sexual activity" means sexual conduct or sexual | 5732 |
contact, or both. | 5733 |
(D) "Prostitute" means a male or female who promiscuously | 5734 |
engages in sexual activity for hire, regardless of whether the | 5735 |
hire is paid to the prostitute or to another. | 5736 |
(E)
| 5737 |
juveniles | 5738 |
5739 | |
5740 | |
describing or representing nudity, sexual conduct, sexual | 5741 |
excitement, or sado-masochistic abuse in any form to which all of | 5742 |
the following apply: | 5743 |
(1)
| 5744 |
considered as a whole, appeals to the prurient interest in sex of | 5745 |
juveniles | 5746 |
(2)
| 5747 |
5748 |
| 5749 |
5750 |
| 5751 |
5752 |
| 5753 |
| 5754 |
5755 | |
5756 |
| 5757 |
5758 | |
5759 | |
5760 | |
prevailing standards in the adult community as a whole with | 5761 |
respect to what is suitable for juveniles. | 5762 |
(3) The material or performance, when considered as a whole, | 5763 |
lacks serious literary, artistic, political, and scientific value | 5764 |
for juveniles. | 5765 |
(F) When considered as a whole, and judged with reference to | 5766 |
ordinary adults or, if it is designed for sexual deviates or other | 5767 |
specially susceptible group, judged with reference to that group, | 5768 |
any material or performance is "obscene" if any of the following | 5769 |
apply: | 5770 |
(1) Its dominant appeal is to prurient interest; | 5771 |
(2) Its dominant tendency is to arouse lust by displaying or | 5772 |
depicting sexual activity, masturbation, sexual excitement, or | 5773 |
nudity in a way that tends to represent human beings as mere | 5774 |
objects of sexual appetite; | 5775 |
(3) Its dominant tendency is to arouse lust by displaying or | 5776 |
depicting bestiality or extreme or bizarre violence, cruelty, or | 5777 |
brutality; | 5778 |
(4) Its dominant tendency is to appeal to scatological | 5779 |
interest by displaying or depicting human bodily functions of | 5780 |
elimination in a way that inspires disgust or revulsion in persons | 5781 |
with ordinary sensibilities, without serving any genuine | 5782 |
scientific, educational, sociological, moral, or artistic purpose; | 5783 |
(5) It contains a series of displays or descriptions of | 5784 |
sexual activity, masturbation, sexual excitement, nudity, | 5785 |
bestiality, extreme or bizarre violence, cruelty, or brutality, or | 5786 |
human bodily functions of elimination, the cumulative effect of | 5787 |
which is a dominant tendency to appeal to prurient or scatological | 5788 |
interest, when the appeal to such an interest is primarily for its | 5789 |
own sake or for commercial exploitation, rather than primarily for | 5790 |
a genuine scientific, educational, sociological, moral, or | 5791 |
artistic purpose. | 5792 |
(G) "Sexual excitement" means the condition of human male or | 5793 |
female genitals when in a state of sexual stimulation or arousal. | 5794 |
(H) "Nudity" means the showing, representation, or depiction | 5795 |
of human male or female genitals, pubic area, or buttocks with | 5796 |
less than a full, opaque covering, or of a female breast with less | 5797 |
than a full, opaque covering of any portion thereof below the top | 5798 |
of the nipple, or of covered male genitals in a discernibly turgid | 5799 |
state. | 5800 |
(I) "Juvenile" means an unmarried person under the age of | 5801 |
eighteen. | 5802 |
(J) "Material" means
| 5803 |
| 5804 |
5805 | |
5806 | |
5807 | |
5808 | |
5809 | |
5810 | |
5811 | |
5812 | |
5813 | |
5814 | |
5815 | |
5816 |
| 5817 |
5818 | |
5819 | |
5820 |
| 5821 |
5822 | |
5823 | |
5824 | |
5825 | |
5826 |
| 5827 |
5828 | |
5829 | |
5830 | |
5831 | |
5832 | |
5833 | |
5834 | |
5835 | |
5836 | |
5837 | |
5838 | |
5839 | |
5840 | |
5841 |
| 5842 |
5843 | |
5844 | |
pamphlet, poster, print, picture, figure, image, description, | 5845 |
motion picture film, phonographic record, or tape, or other | 5846 |
tangible thing capable of arousing interest through sight, sound, | 5847 |
or touch and includes an image or text appearing on a computer | 5848 |
monitor, television screen, liquid crystal display, or similar | 5849 |
display device or an image or text recorded on a computer hard | 5850 |
disk, computer floppy disk, compact disk, magnetic tape, or | 5851 |
similar data storage device. | 5852 |
(K) "Performance" means any motion picture, preview, | 5853 |
trailer, play, show, skit, dance, or other exhibition performed | 5854 |
before an audience. | 5855 |
(L) "Spouse" means a person married to an offender at the | 5856 |
time of an alleged offense, except that such person shall not be | 5857 |
considered the spouse when any of the following apply: | 5858 |
(1) When the parties have entered into a written separation | 5859 |
agreement authorized by section 3103.06 of the Revised Code; | 5860 |
(2) During the pendency of an action between the parties for | 5861 |
annulment, divorce, dissolution of marriage, or legal separation; | 5862 |
(3) In the case of an action for legal separation, after the | 5863 |
effective date of the judgment for legal separation. | 5864 |
(M) "Minor" means a person under the age of eighteen. | 5865 |
(N) "Mental health client or patient" has the same meaning as | 5866 |
in section 2305.51 of the Revised Code. | 5867 |
(O) "Mental health professional" has the same meaning as in | 5868 |
section 2305.115 of the Revised Code. | 5869 |
(P) "Sado-masochistic abuse" means flagellation or torture by | 5870 |
or upon a person or the condition of being fettered, bound, or | 5871 |
otherwise physically restrained. | 5872 |
Sec. 2907.15. (A) As used in this section: | 5873 |
(1) "Public retirement system" means the public employees | 5874 |
retirement system, state teachers retirement system, school | 5875 |
employees retirement system, Ohio police and fire pension fund, | 5876 |
state highway patrol retirement system, or a municipal retirement | 5877 |
system of a municipal corporation of this state. | 5878 |
(2) "Government deferred compensation program" means such a | 5879 |
program offered by the Ohio public employees deferred compensation | 5880 |
board; a municipal corporation; or a governmental unit, as defined | 5881 |
in section 148.06 of the Revised Code. | 5882 |
(3) "Deferred compensation program participant" means a | 5883 |
"participating employee" or "continuing member," as defined in | 5884 |
section 148.01 of the Revised Code, or any other public employee | 5885 |
who has funds in a government deferred compensation program. | 5886 |
(4) "Alternative retirement plan" means an
| 5887 |
alternative retirement plan provided pursuant to Chapter 3305. of | 5888 |
the Revised Code. | 5889 |
(5) "Prosecutor" has the same meaning as in section 2935.01 | 5890 |
of the Revised Code. | 5891 |
In any case in which a sentencing court orders restitution to | 5892 |
the victim under section 2929.18 or 2929.28 of the Revised Code | 5893 |
for a violation of section 2907.02, 2907.03, 2907.04, or 2907.05 | 5894 |
of the Revised Code and in which the offender is a government | 5895 |
deferred compensation program participant, is an electing | 5896 |
employee, as defined in section 3305.01 of the Revised Code, or is | 5897 |
a member of, or receiving a pension, benefit, or allowance, other | 5898 |
than a survivorship benefit, from, a public retirement system and | 5899 |
committed the offense against a child, student, patient, or other | 5900 |
person with whom the offender had contact in the context of the | 5901 |
offender's public employment, at the request of the victim the | 5902 |
prosecutor shall file a motion with the sentencing court | 5903 |
specifying the government deferred compensation program, | 5904 |
alternative retirement plan, or public retirement system and | 5905 |
requesting that the court issue an order requiring the government | 5906 |
deferred compensation program, alternative retirement plan, or | 5907 |
public retirement system to withhold the amount required as | 5908 |
restitution from one or more of the following: any payment to be | 5909 |
made from a government deferred compensation program, any payment | 5910 |
or benefit under an alternative retirement plan, or under a | 5911 |
pension, annuity, allowance, or any other benefit, other than a | 5912 |
survivorship benefit, that has been or is in the future granted to | 5913 |
the offender; from any payment of accumulated employee | 5914 |
contributions standing to the offender's credit with the | 5915 |
government deferred compensation program, alternative retirement | 5916 |
plan, or public retirement system; or from any payment of any | 5917 |
other amounts to be paid to the offender pursuant to Chapter 145., | 5918 |
148., 742., 3307., 3309., or 5505. of the Revised Code on | 5919 |
withdrawal of contributions. The motion may be filed at any time | 5920 |
subsequent to the conviction of the offender or entry of a guilty | 5921 |
plea. On the filing of the motion, the clerk of the court in | 5922 |
which the motion is filed shall notify the offender and the | 5923 |
government deferred compensation program, alternative retirement | 5924 |
plan, or public retirement system, in writing, of all of the | 5925 |
following: that the motion was filed; that the offender will be | 5926 |
granted a hearing on the issuance of the requested order if the | 5927 |
offender files a written request for a hearing with the clerk | 5928 |
prior to the expiration of thirty days after the offender receives | 5929 |
the notice; that, if a hearing is requested, the court will | 5930 |
schedule a hearing as soon as possible and notify the offender and | 5931 |
the government deferred compensation program, alternative | 5932 |
retirement plan, or public retirement system of the date, time, | 5933 |
and place of the hearing; that, if a hearing is conducted, it will | 5934 |
be limited to a consideration of whether the offender can show | 5935 |
good cause why the order should not be issued; that, if a hearing | 5936 |
is conducted, the court will not issue the order if the court | 5937 |
determines, based on evidence presented at the hearing by the | 5938 |
offender, that there is good cause for the order not to be issued; | 5939 |
that the court will issue the order if a hearing is not requested | 5940 |
or if a hearing is conducted but the court does not determine, | 5941 |
based on evidence presented at the hearing by the offender, that | 5942 |
there is good cause for the order not to be issued; and that, if | 5943 |
the order is issued, the government deferred compensation program, | 5944 |
alternative retirement plan, or public retirement system specified | 5945 |
in the motion will be required to withhold the amount required as | 5946 |
restitution from payments to the offender. | 5947 |
(B) In any case in which a motion requesting the issuance of | 5948 |
a withholding order as described in division (A) of this section | 5949 |
is filed, the offender may receive a hearing on the motion by | 5950 |
delivering a written request for a hearing to the court prior to | 5951 |
the expiration of thirty days after the offender's receipt of the | 5952 |
notice provided pursuant to division (A) of this section. If the | 5953 |
offender requests a hearing within the prescribed time, the court | 5954 |
shall schedule a hearing as soon as possible after the request is | 5955 |
made and notify the offender and the government deferred | 5956 |
compensation program, alternative retirement plan, or public | 5957 |
retirement system of the date, time, and place of the hearing. A | 5958 |
hearing scheduled under this division shall be limited to a | 5959 |
consideration of whether there is good cause, based on evidence | 5960 |
presented by the offender, for the requested order not to be | 5961 |
issued. If the court determines, based on evidence presented by | 5962 |
the offender, that there is good cause for the order not to be | 5963 |
issued, the court shall deny the motion and shall not issue the | 5964 |
order. Good cause for not issuing the order includes a | 5965 |
determination by the court that the order would severely impact | 5966 |
the offender's ability to support the offender's dependents. | 5967 |
If the offender does not request a hearing within the | 5968 |
prescribed time or the court conducts a hearing but does not | 5969 |
determine, based on evidence presented by the offender, that there | 5970 |
is good cause for the order not to be issued, the court shall | 5971 |
order the government deferred compensation program, alternative | 5972 |
retirement plan, or public retirement system to withhold the | 5973 |
amount required as restitution from one or more of the following: | 5974 |
any payments to be made from a government deferred compensation | 5975 |
program, any payment or benefit under an alternative retirement | 5976 |
plan, or under a pension, annuity, allowance, or under any other | 5977 |
benefit, other than a survivorship benefit, that has been or is in | 5978 |
the future granted to the offender; from any payment of | 5979 |
accumulated employee contributions standing to the offender's | 5980 |
credit with the government deferred compensation program, | 5981 |
alternative retirement plan, or public retirement system; or from | 5982 |
any payment of any other amounts to be paid to the offender upon | 5983 |
withdrawal of contributions pursuant to Chapter 145., 148., 742., | 5984 |
3307., 3309., or 5505. of the Revised Code and to continue the | 5985 |
withholding for that purpose, in accordance with the order, out of | 5986 |
each payment to be made on or after the date of issuance of the | 5987 |
order, until further order of the court. On receipt of an order | 5988 |
issued under this division, the government deferred compensation | 5989 |
program, alternative retirement plan, or public retirement system | 5990 |
shall withhold the amount required as restitution, in accordance | 5991 |
with the order, from any such payments and immediately forward the | 5992 |
amount withheld to the clerk of the court in which the order was | 5993 |
issued for payment to the person to whom restitution is to be | 5994 |
made. The order shall not apply to any portion of payments made | 5995 |
from a government deferred compensation program, alternative | 5996 |
retirement plan, or public retirement system to a person other | 5997 |
than the offender pursuant to a previously issued domestic court | 5998 |
order. | 5999 |
(C) Service of a notice required by division (A) or (B) of | 6000 |
this section shall be effected in the same manner as provided in | 6001 |
the Rules of Civil Procedure for the service of process. | 6002 |
(D) Upon the filing of charges under section 2907.02, | 6003 |
2907.03, 2907.04, or 2907.05 of the Revised Code against a person | 6004 |
who is a deferred compensation program participant, an electing | 6005 |
employee participating in an alternative retirement plan, or a | 6006 |
member of, or receiving a pension benefit, or allowance, other | 6007 |
than a survivorship benefit, from a public retirement system for | 6008 |
an offense against a child, student, patient, or other person with | 6009 |
whom the offender had contact in the context of the offender's | 6010 |
public employment, the prosecutor shall send written notice that | 6011 |
charges have been filed against that person to the appropriate | 6012 |
government deferred compensation program, alternative retirement | 6013 |
plan, or public retirement system. The notice shall specifically | 6014 |
identify the person charged. | 6015 |
Sec. 2907.27. (A)(1) If a person is charged with a | 6016 |
violation of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241, | 6017 |
or 2907.25 of the Revised Code or with a violation of a municipal | 6018 |
ordinance that is substantially equivalent to any of those | 6019 |
sections, the arresting authorities or a court, upon the request | 6020 |
of the prosecutor in the case or upon the request of the victim, | 6021 |
shall cause the accused to submit to one or more appropriate tests | 6022 |
to determine if the accused is suffering from a venereal disease. | 6023 |
(2) If the accused is found to be suffering from a venereal | 6024 |
disease in an infectious stage, the accused shall be required to | 6025 |
submit to medical treatment for that disease. The cost of the | 6026 |
medical treatment shall be charged to and paid by the accused who | 6027 |
undergoes the treatment. If the accused is indigent, the court | 6028 |
shall order the accused to report to a facility operated by a city | 6029 |
health district or a general health district for treatment. If | 6030 |
the accused is convicted of or pleads guilty to the offense with | 6031 |
which the accused
is
charged and is placed
| 6032 |
community control sanction, a condition of
| 6033 |
control shall be that the offender submit to and faithfully follow | 6034 |
a course of medical treatment for the venereal disease. If the | 6035 |
offender does not seek the required medical treatment, the court | 6036 |
may revoke the
offender's
| 6037 |
the offender to undergo medical treatment during the period of the | 6038 |
offender's incarceration and to pay the cost of that treatment. | 6039 |
(B)(1)(a) Notwithstanding the requirements for informed | 6040 |
consent in section 3701.242 of the Revised Code, if a person is | 6041 |
charged with a violation of division (B) of section 2903.11 or of | 6042 |
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24, | 6043 |
2907.241, or 2907.25 of the Revised Code or with a violation of a | 6044 |
municipal ordinance that is substantially equivalent to that | 6045 |
division or any of those sections, the court, upon the request of | 6046 |
the prosecutor in the case, upon the request of the victim, or | 6047 |
upon the request of any other person whom the court reasonably | 6048 |
believes had contact with the accused in circumstances related to | 6049 |
the violation that could have resulted in the transmission to that | 6050 |
person of a virus that causes acquired immunodeficiency syndrome, | 6051 |
shall cause the accused to submit to one or more tests designated | 6052 |
by the director of health under section 3701.241 of the Revised | 6053 |
Code to determine if the accused is a carrier of a virus that | 6054 |
causes acquired immunodeficiency syndrome. The court, upon the | 6055 |
request of the prosecutor in the case, upon the request of the | 6056 |
victim with the agreement of the prosecutor, or upon the request | 6057 |
of any other person with the agreement of the prosecutor, may | 6058 |
cause an accused who is charged with a violation of any other | 6059 |
section of the Revised Code or with a violation of any other | 6060 |
municipal ordinance to submit to one or more tests so designated | 6061 |
by the director of health if the circumstances of the violation | 6062 |
indicate probable cause to believe that the accused, if the | 6063 |
accused is infected with the virus that causes acquired | 6064 |
immunodeficiency syndrome, might have transmitted the virus to any | 6065 |
of the following persons in committing the violation: | 6066 |
(i) In relation to a request made by the prosecuting | 6067 |
attorney, to the victim or to any other person; | 6068 |
(ii) In relation to a request made by the victim, to the | 6069 |
victim making the request; | 6070 |
(iii) In relation to a request made by any other person, to | 6071 |
the person making the request. | 6072 |
(b) The results of a test performed under division (B)(1)(a) | 6073 |
of this section shall be communicated in confidence to the court, | 6074 |
and the court shall inform the accused of the result. The court | 6075 |
shall inform the victim that the test was performed and that the | 6076 |
victim has a right to receive the results on request. If the test | 6077 |
was performed upon the request of a person other than the | 6078 |
prosecutor in the case and other than the victim, the court shall | 6079 |
inform the person who made the request that the test was performed | 6080 |
and that the person has a right to receive the results upon | 6081 |
request. Additionally, regardless of who made the request that | 6082 |
was the basis of the test being performed, if the court reasonably | 6083 |
believes that, in circumstances related to the violation, a person | 6084 |
other than the victim had contact with the accused that could have | 6085 |
resulted in the transmission of the virus to that person, the | 6086 |
court may inform that person that the test was performed and that | 6087 |
the person has a right to receive the results of the test on | 6088 |
request. If the accused tests positive for a virus that causes | 6089 |
acquired immunodeficiency syndrome, the test results shall be | 6090 |
reported to the department of health in accordance with section | 6091 |
3701.24 of the Revised Code and to the sheriff, head of the state | 6092 |
correctional institution, or other person in charge of any jail or | 6093 |
prison in which the accused is incarcerated. If the accused tests | 6094 |
positive for a virus that causes acquired immunodeficiency | 6095 |
syndrome and the accused was charged with, and was convicted of or | 6096 |
pleaded guilty to, a violation of section 2907.24, 2907.241, or | 6097 |
2907.25 of the Revised Code or a violation of a municipal | 6098 |
ordinance that is substantially equivalent to any of those | 6099 |
sections, the test results also shall be reported to the law | 6100 |
enforcement agency that arrested the accused, and the law | 6101 |
enforcement agency may use the test results as the basis for any | 6102 |
future charge of a violation of division (B) of any of those | 6103 |
sections or a violation of a municipal ordinance that is | 6104 |
substantially equivalent to division (B) of any of those sections. | 6105 |
No other disclosure of the test results or the fact that a test | 6106 |
was performed shall be made, other than as evidence in a grand | 6107 |
jury proceeding or as evidence in a judicial proceeding in | 6108 |
accordance with the Rules of Evidence. If the test result is | 6109 |
negative, and the charge has not been dismissed or if the accused | 6110 |
has been convicted of the charge or a different offense arising | 6111 |
out of the same circumstances as the offense charged, the court | 6112 |
shall order that the test be repeated not earlier than three | 6113 |
months nor later than six months after the original test. | 6114 |
(2) If an accused who is free on bond refuses to submit to a | 6115 |
test ordered by the court pursuant to division (B)(1) of this | 6116 |
section, the court may order that the accused's bond be revoked | 6117 |
and that the accused be incarcerated until the test is performed. | 6118 |
If an accused who is incarcerated refuses to submit to a test | 6119 |
ordered by the court pursuant to division (B)(1) of this section, | 6120 |
the court shall order the person in charge of the jail or prison | 6121 |
in which the accused is incarcerated to take any action necessary | 6122 |
to facilitate the performance of the test, including the forcible | 6123 |
restraint of the accused for the purpose of drawing blood to be | 6124 |
used in the test. | 6125 |
(3) A state agency, a political subdivision of the state, or | 6126 |
an employee of a state agency or of a political subdivision of the | 6127 |
state is immune from liability in a civil action to recover | 6128 |
damages for injury, death, or loss to person or property allegedly | 6129 |
caused by any act or omission in connection with the performance | 6130 |
of the duties required under division (B)(2) of this section | 6131 |
unless the acts or omissions are with malicious purpose, in bad | 6132 |
faith, or in a wanton or reckless manner. | 6133 |
(C) As used in this section, "community control sanction" | 6134 |
has the same meaning as in section 2929.01 of the Revised Code. | 6135 |
Sec. 2907.31. (A) No person, with knowledge of its | 6136 |
character or content, shall recklessly do any of the following: | 6137 |
(1)
| 6138 |
provide, exhibit, rent, or present to a juvenile, a group of | 6139 |
juveniles, a law enforcement officer posing as a juvenile, or a | 6140 |
group of law enforcement officers posing as juveniles any material | 6141 |
or performance that is obscene or harmful to juveniles; | 6142 |
(2)
| 6143 |
disseminate, provide, exhibit, rent, or present to a juvenile, a | 6144 |
group of juveniles, a law enforcement officer posing as a | 6145 |
juvenile, or a group of law enforcement officers posing as | 6146 |
juveniles any material or performance that is obscene or harmful | 6147 |
to juveniles; | 6148 |
(3)
| 6149 |
law enforcement officer posing as a juvenile, allow any juvenile | 6150 |
or law enforcement officer posing as a juvenile to review or | 6151 |
peruse any material or view any live performance that is harmful | 6152 |
to juveniles. | 6153 |
(B) The following are affirmative defenses to a charge under | 6154 |
this section that involves material or a performance that is | 6155 |
harmful to juveniles but not obscene: | 6156 |
(1) The defendant is the parent, guardian, or spouse of the | 6157 |
juvenile involved. | 6158 |
(2) The juvenile involved, at the time of the conduct in | 6159 |
question, was accompanied by the juvenile's parent or guardian | 6160 |
who, with knowledge of its character, consented to the material or | 6161 |
performance being furnished or presented to the juvenile. | 6162 |
(3) The juvenile exhibited to the defendant or to the | 6163 |
defendant's agent or employee a draft card, driver's license, | 6164 |
birth record, marriage license, or other official or apparently | 6165 |
official document purporting to show that the juvenile was | 6166 |
eighteen years of age or over or married, and the person to whom | 6167 |
that document was exhibited did not otherwise have reasonable | 6168 |
cause to believe that the juvenile was under the age of eighteen | 6169 |
and unmarried. | 6170 |
(C)(1) It is an affirmative defense to a charge under this | 6171 |
section, involving material or a performance that is obscene or | 6172 |
harmful to juveniles, that the material or performance was | 6173 |
furnished or presented for a bona fide medical, scientific, | 6174 |
educational, governmental, judicial, or other proper purpose, by a | 6175 |
physician, psychologist, sociologist, scientist, teacher, | 6176 |
librarian, clergyman, prosecutor, judge, or other proper person. | 6177 |
(2) Except as provided in division (B)(3) of this section, | 6178 |
mistake of age is not a defense to a charge under this section. | 6179 |
(D)(1) A person directly sells, delivers, furnishes, | 6180 |
disseminates, provides, exhibits, rents, or presents or directly | 6181 |
offers or agrees to sell, deliver, furnish, disseminate, provide, | 6182 |
exhibit, rent, or present material or a performance to a juvenile, | 6183 |
a group of juveniles, a law enforcement officer posing as a | 6184 |
juvenile, or a group of law enforcement officers posing as | 6185 |
juveniles in violation of this section by means of an electronic | 6186 |
method of remotely transmitting information if the person knows or | 6187 |
has reason to believe that the person receiving the information is | 6188 |
a juvenile or the group of persons receiving the information are | 6189 |
juveniles. | 6190 |
(2) A person remotely transmitting information by means | 6191 |
of a method of mass distribution does not directly sell, deliver, | 6192 |
furnish, disseminate, provide, exhibit, rent, or present or | 6193 |
directly offer or agree to sell, deliver, furnish, disseminate, | 6194 |
provide, exhibit, rent, or present the material or performance in | 6195 |
question to a juvenile, a group of juveniles, a law enforcement | 6196 |
officer posing as a juvenile, or a group of law enforcement | 6197 |
officers posing as juveniles in violation of this section if | 6198 |
either of the following applies: | 6199 |
(a) The person has inadequate information to know or have | 6200 |
reason to believe that a particular recipient of the information | 6201 |
or offer is a juvenile. | 6202 |
(b) The method of mass distribution does not provide the | 6203 |
person the ability to prevent a particular recipient from | 6204 |
receiving the information. | 6205 |
(E) If any provision of this section, or the application of | 6206 |
any provision of this section to any person or circumstance, is | 6207 |
held invalid, the invalidity does not affect other provisions or | 6208 |
applications of this section or related sections that can be given | 6209 |
effect without the invalid provision or application. To this end, | 6210 |
the provisions are severable. | 6211 |
(F) Whoever violates this section is guilty of | 6212 |
disseminating matter harmful to juveniles. If the material or | 6213 |
performance involved is harmful to juveniles, except as otherwise | 6214 |
provided in this division, a violation of this section is a | 6215 |
misdemeanor of the first degree. If the material or performance | 6216 |
involved is obscene, except as otherwise provided in this | 6217 |
division, a violation of this section is a felony of the fifth | 6218 |
degree. If the material or performance involved is obscene and | 6219 |
the juvenile to whom it is sold, delivered, furnished, | 6220 |
disseminated, provided, exhibited, rented, or presented, the | 6221 |
juvenile to whom the offer is made or who is the subject of the | 6222 |
agreement, or the juvenile who is allowed to review, peruse, or | 6223 |
view it is under thirteen years of age, violation of this section | 6224 |
is a felony of the fourth degree. | 6225 |
Sec. 2907.35. (A) An owner or manager, or agent or | 6226 |
employee of an owner or manager, of a bookstore, newsstand, | 6227 |
theater, or other commercial establishment engaged in selling | 6228 |
materials or exhibiting performances, who, in the course of | 6229 |
business: | 6230 |
(1) Possesses five or more identical or substantially | 6231 |
similar obscene articles, having knowledge of their character, is | 6232 |
presumed to possess them in violation of division (A)(5) of | 6233 |
section 2907.32 of the Revised Code; | 6234 |
(2) Does any of the acts prohibited by section 2907.31 or | 6235 |
2907.32 of the Revised Code, is presumed to have knowledge of the | 6236 |
character of the material or performance involved, if the owner, | 6237 |
manager, or agent or employee of the owner or manager has actual | 6238 |
notice of the nature of such material or performance, whether or | 6239 |
not the owner, manager, or agent or employee of the owner or | 6240 |
manager has precise knowledge of its contents. | 6241 |
(B) Without limitation on the manner in which such notice | 6242 |
may be given, actual notice of the character of material or a | 6243 |
performance may be given in writing by the chief legal officer of | 6244 |
the jurisdiction in which the person to whom the notice is | 6245 |
directed does business. Such notice, regardless of the manner in | 6246 |
which it is given, shall identify the sender, identify the | 6247 |
material or performance involved, state whether it is obscene or | 6248 |
harmful to juveniles, and bear the date of such notice. | 6249 |
(C) Sections 2907.31 and 2907.32 of the Revised Code do not | 6250 |
apply to a motion picture operator or projectionist acting within | 6251 |
the scope of employment as an employee of the owner or manager of | 6252 |
a theater or other place for the showing of motion pictures to the | 6253 |
general public, and having no managerial responsibility or | 6254 |
financial interest in the operator's or projectionist's place of | 6255 |
employment, other than wages. | 6256 |
(D)(1) Sections 2907.31, 2907.311, 2907.32, 2907.321, | 6257 |
2907.322, 2907.323, and 2907.34 and division (A) of section | 6258 |
2907.33 of the Revised Code do not apply to a person solely | 6259 |
because the person provided access or connection to or from
| 6260 |
6261 | |
remotely transferring information not under that person's control, | 6262 |
including having
provided
| 6263 |
6264 | |
incidental to
providing access or connection
to or from
| 6265 |
6266 | |
transferring the information, and that do not include the creation | 6267 |
of the content of the material that is the subject of the access | 6268 |
or connection. | 6269 |
(2) Division (D)(1) of this section does not apply to a | 6270 |
person who conspires with an entity actively involved in the | 6271 |
creation or knowing distribution of material in violation of | 6272 |
section 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, | 6273 |
2907.33, or 2907.34 of the Revised Code or who knowingly | 6274 |
advertises the availability of material of that nature. | 6275 |
(3) Division (D)(1) of this section does not apply to a | 6276 |
person who provides access or connection to
| 6277 |
6278 | |
information that is engaged in the violation of section 2907.31, | 6279 |
2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, or | 6280 |
2907.34 of the Revised Code and that contains content that person | 6281 |
has selected and
| 6282 |
introduced into the electronic method of remotely transferring | 6283 |
information or content over which that person exercises editorial | 6284 |
control. | 6285 |
(E) An employer is not guilty of a violation of section | 6286 |
2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, | 6287 |
or 2907.34 of the Revised Code based on the actions of an employee | 6288 |
or agent of the employer unless the employee's or agent's conduct | 6289 |
is within the scope of employee's or agent's employment or agency, | 6290 |
and the employer does either of the following: | 6291 |
(1) With knowledge of the employee's or agent's conduct, the | 6292 |
employer authorizes or ratifies the conduct. | 6293 |
(2) The employer recklessly disregards the employee's or | 6294 |
agent's conduct. | 6295 |
(F) It is an affirmative defense to a charge under section | 6296 |
2907.31 or 2907.311 of the Revised Code as the section applies to | 6297 |
an image transmitted through the internet or another electronic | 6298 |
method of remotely transmitting information that the person | 6299 |
charged with violating the section has taken, in good faith, | 6300 |
reasonable, effective, and appropriate actions under the | 6301 |
circumstances to restrict or prevent access by juveniles to | 6302 |
material that is harmful to juveniles, including any method that | 6303 |
is feasible under available technology. | 6304 |
(G) If any provision of this section, or the application of | 6305 |
any provision of this section to any person or circumstance, is | 6306 |
held invalid, the invalidity does not affect other provisions or | 6307 |
applications of this section or related sections that can be given | 6308 |
effect without the invalid provision or application. To this end, | 6309 |
the provisions are severable. | 6310 |
Sec. 2919.22. (A) No person, who is the parent, guardian, | 6311 |
custodian, person having custody or control, or person in loco | 6312 |
parentis of a child under eighteen years of age or a mentally or | 6313 |
physically handicapped child under twenty-one years of age, shall | 6314 |
create a substantial risk to the health or safety of the child, by | 6315 |
violating a duty of care, protection, or support. It is not a | 6316 |
violation of a duty of care, protection, or support under this | 6317 |
division when the parent, guardian, custodian, or person having | 6318 |
custody or control of a child treats the physical or mental | 6319 |
illness or defect of the child by spiritual means through prayer | 6320 |
alone, in accordance with the tenets of a recognized religious | 6321 |
body. | 6322 |
(B) No person shall do any of the following to a child under | 6323 |
eighteen years of age or a mentally or physically handicapped | 6324 |
child under twenty-one years of age: | 6325 |
(1) Abuse the child; | 6326 |
(2) Torture or cruelly abuse the child; | 6327 |
(3) Administer corporal punishment or other physical | 6328 |
disciplinary measure, or physically restrain the child in a cruel | 6329 |
manner or for a prolonged period, which punishment, discipline, or | 6330 |
restraint is excessive under the circumstances and creates a | 6331 |
substantial risk of serious physical harm to the child; | 6332 |
(4) Repeatedly administer unwarranted disciplinary measures | 6333 |
to the child, when there is a substantial risk that such conduct, | 6334 |
if continued, will seriously impair or retard the child's mental | 6335 |
health or development; | 6336 |
(5) Entice, coerce, permit, encourage, compel, hire, employ, | 6337 |
use, or allow the child to act, model, or in any other way | 6338 |
participate in, or be photographed for, the production, | 6339 |
presentation, dissemination, or advertisement of any material or | 6340 |
performance that the offender knows or reasonably should know is | 6341 |
obscene, is sexually oriented matter, or is nudity-oriented | 6342 |
matter. | 6343 |
(C)(1) No person shall operate a vehicle, streetcar, or | 6344 |
trackless trolley within this state in violation of division (A) | 6345 |
of section 4511.19 of the Revised Code when one or more children | 6346 |
under eighteen years of age are in the vehicle, streetcar, or | 6347 |
trackless trolley. Notwithstanding any other provision of law, a | 6348 |
person may be convicted at the same trial or proceeding of a | 6349 |
violation of this division and a violation of division (A) of | 6350 |
section 4511.19 of the Revised Code that constitutes the basis of | 6351 |
the charge of the violation of this division. For purposes of | 6352 |
sections 4511.191 to 4511.197 of the Revised Code and all related | 6353 |
provisions of law, a person arrested for a violation of this | 6354 |
division shall be considered to be under arrest for operating a | 6355 |
vehicle while under the influence of alcohol, a drug of abuse, or | 6356 |
a combination of them or for operating a vehicle with a prohibited | 6357 |
concentration of alcohol in the whole blood, blood serum or | 6358 |
plasma, breath, or urine. | 6359 |
(2) As used in division (C)(1) of this section, "vehicle," | 6360 |
"streetcar," and "trackless trolley" have the same meanings as in | 6361 |
section 4511.01 of the Revised Code. | 6362 |
(D)(1) Division (B)(5) of this section does not apply to any | 6363 |
material or performance that is produced, presented, or | 6364 |
disseminated for a bona fide medical, scientific, educational, | 6365 |
religious, governmental, judicial, or other proper purpose, by or | 6366 |
to a physician, psychologist, sociologist, scientist, teacher, | 6367 |
person pursuing bona fide studies or research, librarian, member | 6368 |
of the clergy, prosecutor, judge, or other person having a proper | 6369 |
interest in the material or performance. | 6370 |
(2) Mistake of age is not a defense to a charge under | 6371 |
division (B)(5) of this section. | 6372 |
(3) In a prosecution under division (B)(5) of this section, | 6373 |
the trier of fact may infer that an actor, model, or participant | 6374 |
in the material or performance involved is a juvenile if the | 6375 |
material or performance, through its title, text, visual | 6376 |
representation, or otherwise, represents or depicts the actor, | 6377 |
model, or participant as a juvenile. | 6378 |
(4) As used in this division and division (B)(5) of this | 6379 |
section: | 6380 |
(a) "Material," "performance," "obscene," and "sexual | 6381 |
activity" have the same meanings as in section 2907.01 of the | 6382 |
Revised Code. | 6383 |
(b) "Nudity-oriented matter" means any material or | 6384 |
performance that shows a minor in a state of nudity and that, | 6385 |
taken as a whole by the average person applying contemporary | 6386 |
community standards, appeals to prurient interest. | 6387 |
(c) "Sexually oriented matter" means any material or | 6388 |
performance that shows a minor participating or engaging in sexual | 6389 |
activity, masturbation, or bestiality. | 6390 |
(E)(1) Whoever violates this section is guilty of | 6391 |
endangering children. | 6392 |
(2) If the offender violates division (A) or (B)(1) of this | 6393 |
section, endangering children is one of the following: | 6394 |
(a) Except as otherwise provided in division (E)(2)(b), (c), | 6395 |
or (d) of this section, a misdemeanor of the first degree; | 6396 |
(b) If the offender previously has been convicted of an | 6397 |
offense under this section or of any offense involving neglect, | 6398 |
abandonment, contributing to the delinquency of, or physical abuse | 6399 |
of a child, except as otherwise provided in division (E)(2)(c) or | 6400 |
(d) of this section, a felony of the fourth degree; | 6401 |
(c) If the violation is a violation of division (A) of this | 6402 |
section and results in serious physical harm to the child | 6403 |
involved, a felony of the third degree; | 6404 |
(d) If the violation is a violation of division (B)(1) of | 6405 |
this section and results in serious physical harm to the child | 6406 |
involved, a felony of the second degree. | 6407 |
(3) If the offender violates division (B)(2), (3), or (4) of | 6408 |
this section, except as otherwise provided in this division, | 6409 |
endangering children is a felony of the third degree. If the | 6410 |
violation results in serious physical harm to the child involved, | 6411 |
or if the offender previously has been convicted of an offense | 6412 |
under this section or of any offense involving neglect, | 6413 |
abandonment, contributing to the delinquency of, or physical abuse | 6414 |
of a child, endangering children is a felony of the second degree. | 6415 |
(4) If the offender violates division (B)(5) of this | 6416 |
section, endangering children is a felony of the second degree. | 6417 |
(5) If the offender violates division (C) of this section, | 6418 |
the offender shall be punished as follows: | 6419 |
(a) Except as otherwise provided in division (E)(5)(b) or | 6420 |
(c) of this section, endangering children in violation of division | 6421 |
(C) of this section is a misdemeanor of the first degree. | 6422 |
(b) If the violation results in serious physical harm to the | 6423 |
child involved or the offender previously has been convicted of an | 6424 |
offense under this section or any offense involving neglect, | 6425 |
abandonment, contributing to the delinquency of, or physical abuse | 6426 |
of a child, except as otherwise provided in division (E)(5)(c) of | 6427 |
this section, endangering children in violation of division (C) of | 6428 |
this section is a felony of the fifth degree. | 6429 |
(c) If the violation results in serious physical harm to the | 6430 |
child involved and if the offender previously has been convicted | 6431 |
of a violation of division (C) of this section, section 2903.06 or | 6432 |
2903.08 of the Revised Code, section 2903.07 of the Revised Code | 6433 |
as it existed prior to March 23, 2000, or section 2903.04 of the | 6434 |
Revised Code in a case in which the offender was subject to the | 6435 |
sanctions described in division (D) of that section, endangering | 6436 |
children in violation of division (C) of this section is a felony | 6437 |
of the fourth degree. | 6438 |
(d) In addition to any term of imprisonment, fine, or other | 6439 |
sentence, penalty, or sanction it imposes upon the offender | 6440 |
pursuant to division (E)(5)(a), (b), or (c) of this section or | 6441 |
pursuant to any other provision of law and in addition to any | 6442 |
suspension of the offender's driver's or commercial driver's | 6443 |
license or permit or nonresident operating privilege under Chapter | 6444 |
4506., 4509., 4510., or 4511. of the Revised Code or under any | 6445 |
other provision of law, the court also may impose upon the | 6446 |
offender a class seven suspension of the offender's driver's or | 6447 |
commercial driver's license or permit or nonresident operating | 6448 |
privilege from the range specified in division (A)(7) of section | 6449 |
4510.02 of the Revised Code. | 6450 |
(e) In addition to any term of imprisonment, fine, or other | 6451 |
sentence, penalty, or sanction imposed upon the offender pursuant | 6452 |
to division (E)(5)(a), (b), (c), or (d) of this section or | 6453 |
pursuant to any other provision of law for the violation of | 6454 |
division (C) of this section, if as part of the same trial or | 6455 |
proceeding the offender also is convicted of or pleads guilty to a | 6456 |
separate charge charging the violation of division (A) of section | 6457 |
4511.19 of the Revised Code that was the basis of the charge of | 6458 |
the violation of division (C) of this section, the offender also | 6459 |
shall be sentenced in accordance with section 4511.19 of the | 6460 |
Revised Code for that violation of division (A) of section 4511.19 | 6461 |
of the Revised Code. | 6462 |
(F)(1)(a) A court may require an offender to perform not | 6463 |
more than two hundred hours of supervised community service work | 6464 |
under the authority of an agency, subdivision, or charitable | 6465 |
organization | 6466 |
6467 | |
community control sanction or sentence of the offender, and the | 6468 |
court shall impose the community service in accordance with and | 6469 |
subject to divisions (F)(1)(a) and (b) of this section. The court | 6470 |
may require an offender whom it requires to perform supervised | 6471 |
community service work as part of the offender's community control | 6472 |
sanction or sentence to pay the court a reasonable fee to cover | 6473 |
the costs of the offender's participation in the work, including, | 6474 |
but not limited to, the costs of procuring a policy or policies of | 6475 |
liability insurance to cover the period during which the offender | 6476 |
will perform the work. If the court requires the offender to | 6477 |
perform supervised community service work as part of the | 6478 |
offender's community control sanction or sentence, the court shall | 6479 |
do so in accordance with the following limitations and criteria: | 6480 |
(i) The court shall require that the community service work | 6481 |
be performed after completion of the term of imprisonment or jail | 6482 |
term imposed upon the offender for the violation of division (C) | 6483 |
of this section, if applicable. | 6484 |
(ii) The supervised community service work shall be subject | 6485 |
to the limitations set forth in divisions
| 6486 |
(2), and (3) of section 2951.02 of the Revised Code. | 6487 |
(iii) The community service work shall be supervised in the | 6488 |
manner described in division
| 6489 |
the Revised Code by an official or person with the qualifications | 6490 |
described in that division. The official or person periodically | 6491 |
shall report in writing to the court concerning the conduct of the | 6492 |
offender in performing the work. | 6493 |
(iv) The court shall inform the offender in writing that if | 6494 |
the offender does not adequately perform, as determined by the | 6495 |
court, all of the required community service work, the court may | 6496 |
order that the offender be committed to a jail or workhouse for a | 6497 |
period of time that does not exceed the term of imprisonment that | 6498 |
the court could have imposed upon the offender for the violation | 6499 |
of division (C) of this section, reduced by the total amount of | 6500 |
time that the offender actually was imprisoned under the sentence | 6501 |
or term that was imposed upon the offender for that violation and | 6502 |
by the total amount of time that the offender was confined for any | 6503 |
reason arising out of the offense for which the offender was | 6504 |
convicted and sentenced as described in sections 2949.08 and | 6505 |
2967.191 of the Revised Code, and that, if the court orders that | 6506 |
the offender be so committed, the court is authorized, but not | 6507 |
required, to grant the offender credit upon the period of the | 6508 |
commitment for the community service work that the offender | 6509 |
adequately performed. | 6510 |
(b) If a court, pursuant to division (F)(1)(a) of this | 6511 |
section, orders an offender to perform community service work as | 6512 |
part of the offender's community control sanction or sentence and | 6513 |
if the offender does not adequately perform all of the required | 6514 |
community service work, as determined by the court, the court may | 6515 |
order that the offender be committed to a jail or workhouse for a | 6516 |
period of time that does not exceed the term of imprisonment that | 6517 |
the court could have imposed upon the offender for the violation | 6518 |
of division (C) of this section, reduced by the total amount of | 6519 |
time that the offender actually was imprisoned under the sentence | 6520 |
or term that was imposed upon the offender for that violation and | 6521 |
by the total amount of time that the offender was confined for any | 6522 |
reason arising out of the offense for which the offender was | 6523 |
convicted and sentenced as described in sections 2949.08 and | 6524 |
2967.191 of the Revised Code. The court may order that a person | 6525 |
committed pursuant to this division shall receive hour-for-hour | 6526 |
credit upon the period of the commitment for the community service | 6527 |
work that the offender adequately performed. No commitment | 6528 |
pursuant to this division shall exceed the period of the term of | 6529 |
imprisonment that the sentencing court could have imposed upon the | 6530 |
offender for the violation of division (C) of this section, | 6531 |
reduced by the total amount of time that the offender actually was | 6532 |
imprisoned under that sentence or term and by the total amount of | 6533 |
time that the offender was confined for any reason arising out of | 6534 |
the offense for which the offender was convicted and sentenced as | 6535 |
described in sections 2949.08 and 2967.191 of the Revised Code. | 6536 |
(2) Division (F)(1) of this section does not limit or | 6537 |
affect the authority of the court to suspend the sentence imposed | 6538 |
upon a misdemeanor offender and place
the
offender
| 6539 |
6540 | |
pursuant to
| 6541 |
Revised Code, to
require
| 6542 |
6543 | |
6544 | |
work in accordance with
division
| 6545 |
Revised Code, or to place a felony offender under a community | 6546 |
control sanction. | 6547 |
(G)(1) If a court suspends an offender's driver's or | 6548 |
commercial driver's license or permit or nonresident operating | 6549 |
privilege under division (E)(5)(d) of this section, the period of | 6550 |
the suspension shall be consecutive to, and commence after, the | 6551 |
period of suspension of the offender's driver's or commercial | 6552 |
driver's license or permit or nonresident operating privilege that | 6553 |
is imposed under Chapter 4506., 4509., 4510., or 4511. of the | 6554 |
Revised Code or under any other provision of law in relation to | 6555 |
the violation of division (C) of this section that is the basis of | 6556 |
the suspension under division (E)(5)(d) of this section or in | 6557 |
relation to the violation of division (A) of section 4511.19 of | 6558 |
the Revised Code that is the basis for that violation of division | 6559 |
(C) of this section. | 6560 |
(2) An offender is not entitled to request, and the court | 6561 |
shall not grant to the offender, limited driving privileges if | 6562 |
the offender's license, permit, or privilege has been suspended | 6563 |
under division (E)(5)(d) of this section and the offender, within | 6564 |
the preceding six years, has been convicted of or pleaded guilty | 6565 |
to three or more violations of one or more of the following: | 6566 |
(a) Division (C) of this section; | 6567 |
(b) Any equivalent offense, as defined in section 4511.181 of | 6568 |
the Revised Code. | 6569 |
(H)(1) If a person violates division (C) of this section and | 6570 |
if, at the time of the violation, there were two or more children | 6571 |
under eighteen years of age in the motor vehicle involved in the | 6572 |
violation, the offender may be convicted of a violation of | 6573 |
division (C) of this section for each of the children, but the | 6574 |
court may sentence the offender for only one of the violations. | 6575 |
(2)(a) If a person is convicted of or pleads guilty to a | 6576 |
violation of division (C) of this section but the person is not | 6577 |
also convicted of and does not also plead guilty to a separate | 6578 |
charge charging the violation of division (A) of section 4511.19 | 6579 |
of the Revised Code that was the basis of the charge of the | 6580 |
violation of division (C) of this section, both of the following | 6581 |
apply: | 6582 |
(i) For purposes of the provisions of section 4511.19 of | 6583 |
the Revised Code that set forth the penalties and sanctions for a | 6584 |
violation of division (A) of section 4511.19 of the Revised Code, | 6585 |
the conviction of or plea of guilty to the violation of division | 6586 |
(C) of this section shall not constitute a violation of division | 6587 |
(A) of section 4511.19 of the Revised Code; | 6588 |
(ii) For purposes of any provision of law that refers to a | 6589 |
conviction of or plea of guilty to a violation of division (A) of | 6590 |
section 4511.19 of the Revised Code and that is not described in | 6591 |
division (H)(2)(a)(i) of this section, the conviction of or plea | 6592 |
of guilty to the violation of division (C) of this section shall | 6593 |
constitute a conviction of or plea of guilty to a violation of | 6594 |
division (A) of section 4511.19 of the Revised Code. | 6595 |
(b) If a person is convicted of or pleads guilty to a | 6596 |
violation of division (C) of this section and the person also is | 6597 |
convicted of or pleads guilty to a separate charge charging the | 6598 |
violation of division (A) of section 4511.19 of the Revised Code | 6599 |
that was the basis of the charge of the violation of division (C) | 6600 |
of this section, the conviction of or plea of guilty to the | 6601 |
violation of division (C) of this section shall not constitute, | 6602 |
for purposes of any provision of law that refers to a conviction | 6603 |
of or plea of guilty to a violation of division (A) of section | 6604 |
4511.19 of the Revised Code, a conviction of or plea of guilty to | 6605 |
a violation of division (A) of section 4511.19 of the Revised | 6606 |
Code. | 6607 |
(I) As used in this section: | 6608 |
(1) "Community control sanction" has the same meaning as in | 6609 |
section 2929.01 of the Revised Code; | 6610 |
(2) "Limited driving privileges" has the same meaning as in | 6611 |
section 4501.01 of the Revised Code. | 6612 |
Sec. 2923.14. (A) Any person who, solely by reason of
| 6613 |
the person's disability under division (A)(2) or (3) of section | 6614 |
2923.13 of the Revised Code, is prohibited from acquiring, having, | 6615 |
carrying, or using firearms, may apply to the court of common | 6616 |
pleas in the
county
| 6617 |
relief from such prohibition. | 6618 |
(B) The application shall recite the following: | 6619 |
(1) All indictments, convictions, or adjudications upon | 6620 |
which the applicant's disability is based, the sentence imposed | 6621 |
and served, and
| 6622 |
control sanction, post-release control sanction,
or parole,
| 6623 |
partial or conditional pardon granted, or other disposition of | 6624 |
each case; | 6625 |
(2) Facts showing the applicant to be a fit subject for | 6626 |
relief under this section. | 6627 |
(C) A copy of the application shall be served on the county | 6628 |
prosecutor | 6629 |
be investigated | 6630 |
objections to granting
relief
| 6631 |
(D) Upon hearing, the court may grant the applicant relief | 6632 |
pursuant to this section, if all of the following apply: | 6633 |
(1) The applicant has been fully discharged from | 6634 |
imprisonment,
| 6635 |
and parole, or, if
| 6636 |
released on bail or recognizance | 6637 |
(2) The applicant has led a law-abiding life since
| 6638 |
discharge or release, and appears likely to continue to do so | 6639 |
(3) The applicant is not otherwise prohibited by law from | 6640 |
acquiring, having, or using firearms. | 6641 |
(E) Costs of the proceeding shall be charged as in other | 6642 |
civil cases, and taxed to the applicant. | 6643 |
(F) Relief from disability granted pursuant to this section: | 6644 |
(1) Applies only with respect to indictments, convictions, | 6645 |
or adjudications recited in the application; | 6646 |
(2) Applies only with respect to firearms lawfully acquired, | 6647 |
possessed, carried, or used by the applicant; | 6648 |
(3) Does not apply with respect to dangerous ordnance; | 6649 |
(4) May be revoked by the court at any time for good cause | 6650 |
shown and upon notice to the applicant; | 6651 |
(5) Is automatically void upon commission by the applicant | 6652 |
of any offense
| 6653 |
section 2923.13 of the Revised Code, or upon the applicant's | 6654 |
becoming one of the class of persons named in division (A)(1), | 6655 |
(4), or (5) of
| 6656 |
(G) As used in this section: | 6657 |
(1) "Community control sanction" has the same meaning as in | 6658 |
section 2929.01 of the Revised Code. | 6659 |
(2) "Post-release control" and "post-release control | 6660 |
sanction" have the same meanings as in section 2967.01 of the | 6661 |
Revised Code. | 6662 |
Sec. 2925.11. (A) No person shall knowingly obtain, | 6663 |
possess, or use a controlled substance. | 6664 |
(B) This section does not apply to any of the following: | 6665 |
(1) Manufacturers, licensed health professionals authorized | 6666 |
to prescribe drugs, pharmacists, owners of pharmacies, and other | 6667 |
persons whose conduct was in accordance with Chapters 3719., | 6668 |
4715., 4723., 4729., 4731., and 4741. of the Revised Code; | 6669 |
(2) If the offense involves an anabolic steroid, any person | 6670 |
who is conducting or participating in a research project involving | 6671 |
the use of an anabolic steroid if the project has been approved by | 6672 |
the United States food and drug administration; | 6673 |
(3) Any person who sells, offers for sale, prescribes, | 6674 |
dispenses, or administers for livestock or other nonhuman species | 6675 |
an anabolic steroid that is expressly intended for administration | 6676 |
through implants to livestock or other nonhuman species and | 6677 |
approved for that purpose under the "Federal Food, Drug, and | 6678 |
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, | 6679 |
and is sold, offered for sale, prescribed, dispensed, or | 6680 |
administered for that purpose in accordance with that act; | 6681 |
(4) Any person who obtained the controlled substance | 6682 |
pursuant to a prescription issued by a licensed health | 6683 |
professional authorized to prescribe drugs. | 6684 |
(C) Whoever violates division (A) of this section is guilty | 6685 |
of one of the following: | 6686 |
(1) If the drug involved in the violation is a compound, | 6687 |
mixture, preparation, or substance included in schedule I or II, | 6688 |
with the exception of marihuana, cocaine, L.S.D., heroin, and | 6689 |
hashish, whoever violates division (A) of this section is guilty | 6690 |
of aggravated possession of drugs. The penalty for the offense | 6691 |
shall be determined as follows: | 6692 |
(a) Except as otherwise provided in division (C)(1)(b), (c), | 6693 |
(d), or (e) of this section, aggravated possession of drugs is a | 6694 |
felony of the fifth degree, and division (B) of section 2929.13 of | 6695 |
the Revised Code applies in determining whether to impose a prison | 6696 |
term on the offender. | 6697 |
(b) If the amount of the drug involved equals or exceeds the | 6698 |
bulk amount but is less than five times the bulk amount, | 6699 |
aggravated possession of drugs is a felony of the third degree, | 6700 |
and there is a presumption for a prison term for the offense. | 6701 |
(c) If the amount of the drug involved equals or exceeds | 6702 |
five times the bulk amount but is less than fifty times the bulk | 6703 |
amount, aggravated possession of drugs is a felony of the second | 6704 |
degree, and the court shall impose as a mandatory prison term one | 6705 |
of the prison terms prescribed for a felony of the second degree. | 6706 |
(d) If the amount of the drug involved equals or exceeds | 6707 |
fifty times the bulk amount but is less than one hundred times the | 6708 |
bulk amount, aggravated possession of drugs is a felony of the | 6709 |
first degree, and the court shall impose as a mandatory prison | 6710 |
term one of the prison terms prescribed for a felony of the first | 6711 |
degree. | 6712 |
(e) If the amount of the drug involved equals or exceeds one | 6713 |
hundred times the bulk amount, aggravated possession of drugs is a | 6714 |
felony of the first degree, the offender is a major drug offender, | 6715 |
and the court shall impose as a mandatory prison term the maximum | 6716 |
prison term prescribed for a felony of the first degree and may | 6717 |
impose an additional mandatory prison term prescribed for a major | 6718 |
drug offender under division (D)(3)(b) of section 2929.14 of the | 6719 |
Revised Code. | 6720 |
(2) If the drug involved in the violation is a compound, | 6721 |
mixture, preparation, or substance included in schedule III, IV, | 6722 |
or V, whoever violates division (A) of this section is guilty of | 6723 |
possession of drugs. The penalty for the offense shall be | 6724 |
determined as follows: | 6725 |
(a) Except as otherwise provided in division (C)(2)(b), (c), | 6726 |
or (d) of this section, possession of drugs is a misdemeanor of | 6727 |
the third degree or, if the offender previously has been convicted | 6728 |
of a drug abuse offense, a misdemeanor of the second degree. If | 6729 |
the drug involved in the violation is an anabolic steroid included | 6730 |
in schedule III and if the offense is a misdemeanor of the third | 6731 |
degree under this division, in lieu of sentencing the offender to | 6732 |
a term of imprisonment in a detention facility, the court may | 6733 |
place the offender
| 6734 |
control sanction, as defined in section 2929.01 of the Revised | 6735 |
Code, that requires the offender to perform supervised community | 6736 |
service work pursuant to
division
| 6737 |
Revised Code. | 6738 |
(b) If the amount of the drug involved equals or exceeds the | 6739 |
bulk amount but is less than five times the bulk amount, | 6740 |
possession of drugs is a felony of the fourth degree, and division | 6741 |
(C) of section 2929.13 of the Revised Code applies in determining | 6742 |
whether to impose a prison term on the offender. | 6743 |
(c) If the amount of the drug involved equals or exceeds | 6744 |
five times the bulk amount but is less than fifty times the bulk | 6745 |
amount, possession of drugs is a felony of the third degree, and | 6746 |
there is a presumption for a prison term for the offense. | 6747 |
(d) If the amount of the drug involved equals or exceeds | 6748 |
fifty times the bulk amount, possession of drugs is a felony of | 6749 |
the second degree, and the court shall impose upon the offender as | 6750 |
a mandatory prison term one of the prison terms prescribed for a | 6751 |
felony of the second degree. | 6752 |
(3) If the drug involved in the violation is marihuana or a | 6753 |
compound, mixture, preparation, or substance containing marihuana | 6754 |
other than hashish, whoever violates division (A) of this section | 6755 |
is guilty of possession of marihuana. The penalty for the offense | 6756 |
shall be determined as follows: | 6757 |
(a) Except as otherwise provided in division (C)(3)(b), (c), | 6758 |
(d), (e), or (f) of this section, possession of marihuana is a | 6759 |
minor misdemeanor. | 6760 |
(b) If the amount of the drug involved equals or exceeds one | 6761 |
hundred grams but is less than two hundred grams, possession of | 6762 |
marihuana is a misdemeanor of the fourth degree. | 6763 |
(c) If the amount of the drug involved equals or exceeds two | 6764 |
hundred grams but is less than one thousand grams, possession of | 6765 |
marihuana is a felony of the fifth degree, and division (B) of | 6766 |
section 2929.13 of the Revised Code applies in determining whether | 6767 |
to impose a prison term on the offender. | 6768 |
(d) If the amount of the drug involved equals or exceeds one | 6769 |
thousand grams but is less than five thousand grams, possession of | 6770 |
marihuana is a felony of the third degree, and division (C) of | 6771 |
section 2929.13 of the Revised Code applies in determining whether | 6772 |
to impose a prison term on the offender. | 6773 |
(e) If the amount of the drug involved equals or exceeds | 6774 |
five thousand grams but is less than twenty thousand grams, | 6775 |
possession of marihuana is a felony of the third degree, and there | 6776 |
is a presumption that a prison term shall be imposed for the | 6777 |
offense. | 6778 |
(f) If the amount of the drug involved equals or exceeds | 6779 |
twenty thousand grams, possession of marihuana is a felony of the | 6780 |
second degree, and the court shall impose as a mandatory prison | 6781 |
term the maximum prison term prescribed for a felony of the second | 6782 |
degree. | 6783 |
(4) If the drug involved in the violation is cocaine or a | 6784 |
compound, mixture, preparation, or substance containing cocaine, | 6785 |
whoever violates division (A) of this section is guilty of | 6786 |
possession of cocaine. The penalty for the offense shall be | 6787 |
determined as follows: | 6788 |
(a) Except as otherwise provided in division (C)(4)(b), (c), | 6789 |
(d), (e), or (f) of this section, possession of cocaine is a | 6790 |
felony of the fifth degree, and division (B) of section 2929.13 of | 6791 |
the Revised Code applies in determining whether to impose a prison | 6792 |
term on the offender. | 6793 |
(b) If the amount of the drug involved equals or exceeds | 6794 |
five grams but is less than twenty-five grams of cocaine that is | 6795 |
not crack cocaine or equals or exceeds one gram but is less than | 6796 |
five grams of crack cocaine, possession of cocaine is a felony of | 6797 |
the fourth degree, and there is a presumption for a prison term | 6798 |
for the offense. | 6799 |
(c) If the amount of the drug involved equals or exceeds | 6800 |
twenty-five grams but is less than one hundred grams of cocaine | 6801 |
that is not crack cocaine or equals or exceeds five grams but is | 6802 |
less than ten grams of crack cocaine, possession of cocaine is a | 6803 |
felony of the third degree, and the court shall impose as a | 6804 |
mandatory prison term one of the prison terms prescribed for a | 6805 |
felony of the third degree. | 6806 |
(d) If the amount of the drug involved equals or exceeds one | 6807 |
hundred grams but is less than five hundred grams of cocaine that | 6808 |
is not crack cocaine or equals or exceeds ten grams but is less | 6809 |
than twenty-five grams of crack cocaine, possession of cocaine is | 6810 |
a felony of the second degree, and the court shall impose as a | 6811 |
mandatory prison term one of the prison terms prescribed for a | 6812 |
felony of the second degree. | 6813 |
(e) If the amount of the drug involved equals or exceeds | 6814 |
five hundred grams but is less than one thousand grams of cocaine | 6815 |
that is not crack cocaine or equals or exceeds twenty-five grams | 6816 |
but is less than one hundred grams of crack cocaine, possession of | 6817 |
cocaine is a felony of the first degree, and the court shall | 6818 |
impose as a mandatory prison term one of the prison terms | 6819 |
prescribed for a felony of the first degree. | 6820 |
(f) If the amount of the drug involved equals or exceeds one | 6821 |
thousand grams of cocaine that is not crack cocaine or equals or | 6822 |
exceeds one hundred grams of crack cocaine, possession of cocaine | 6823 |
is a felony of the first degree, the offender is a major drug | 6824 |
offender, and the court shall impose as a mandatory prison term | 6825 |
the maximum prison term prescribed for a felony of the first | 6826 |
degree and may impose an additional mandatory prison term | 6827 |
prescribed for a major drug offender under division (D)(3)(b) of | 6828 |
section 2929.14 of the Revised Code. | 6829 |
(5) If the drug involved in the violation is L.S.D., whoever | 6830 |
violates division (A) of this section is guilty of possession of | 6831 |
L.S.D. The penalty for the offense shall be determined as | 6832 |
follows: | 6833 |
(a) Except as otherwise provided in division (C)(5)(b), (c), | 6834 |
(d), (e), or (f) of this section, possession of L.S.D. is a felony | 6835 |
of the fifth degree, and division (B) of section 2929.13 of the | 6836 |
Revised Code applies in determining whether to impose a prison | 6837 |
term on the offender. | 6838 |
(b) If the amount of L.S.D. involved equals or exceeds ten | 6839 |
unit doses but is less than fifty unit doses of L.S.D. in a solid | 6840 |
form or equals or exceeds one gram but is less than five grams of | 6841 |
L.S.D. in a liquid concentrate, liquid extract, or liquid | 6842 |
distillate form, possession of L.S.D. is a felony of the fourth | 6843 |
degree, and division (C) of section 2929.13 of the Revised Code | 6844 |
applies in determining whether to impose a prison term on the | 6845 |
offender. | 6846 |
(c) If the amount of L.S.D. involved equals or exceeds fifty | 6847 |
unit doses, but is less than two hundred fifty unit doses of | 6848 |
L.S.D. in a solid form or equals or exceeds five grams but is less | 6849 |
than twenty-five grams of L.S.D. in a liquid concentrate, liquid | 6850 |
extract, or liquid distillate form, possession of L.S.D. is a | 6851 |
felony of the third degree, and there is a presumption for a | 6852 |
prison term for the offense. | 6853 |
(d) If the amount of L.S.D. involved equals or exceeds two | 6854 |
hundred fifty unit doses but is less than one thousand unit doses | 6855 |
of L.S.D. in a solid form or equals or exceeds twenty-five grams | 6856 |
but is less than one hundred grams of L.S.D. in a liquid | 6857 |
concentrate, liquid extract, or liquid distillate form, possession | 6858 |
of L.S.D. is a felony of the second degree, and the court shall | 6859 |
impose as a mandatory prison term one of the prison terms | 6860 |
prescribed for a felony of the second degree. | 6861 |
(e) If the amount of L.S.D. involved equals or exceeds one | 6862 |
thousand unit doses but is less than five thousand unit doses of | 6863 |
L.S.D. in a solid form or equals or exceeds one hundred grams but | 6864 |
is less than five hundred grams of L.S.D. in a liquid concentrate, | 6865 |
liquid extract, or liquid distillate form, possession of L.S.D. is | 6866 |
a felony of the first degree, and the court shall impose as a | 6867 |
mandatory prison term one of the prison terms prescribed for a | 6868 |
felony of the first degree. | 6869 |
(f) If the amount of L.S.D. involved equals or exceeds five | 6870 |
thousand unit doses of L.S.D. in a solid form or equals or exceeds | 6871 |
five hundred grams of L.S.D. in a liquid concentrate, liquid | 6872 |
extract, or liquid distillate form, possession of L.S.D. is a | 6873 |
felony of the first degree, the offender is a major drug offender, | 6874 |
and the court shall impose as a mandatory prison term the maximum | 6875 |
prison term prescribed for a felony of the first degree and may | 6876 |
impose an additional mandatory prison term prescribed for a major | 6877 |
drug offender under division (D)(3)(b) of section 2929.14 of the | 6878 |
Revised Code. | 6879 |
(6) If the drug involved in the violation is heroin or a | 6880 |
compound, mixture, preparation, or substance containing heroin, | 6881 |
whoever violates division (A) of this section is guilty of | 6882 |
possession of heroin. The penalty for the offense shall be | 6883 |
determined as follows: | 6884 |
(a) Except as otherwise provided in division (C)(6)(b), (c), | 6885 |
(d), (e), or (f) of this section, possession of heroin is a felony | 6886 |
of the fifth degree, and division (B) of section 2929.13 of the | 6887 |
Revised Code applies in determining whether to impose a prison | 6888 |
term on the offender. | 6889 |
(b) If the amount of the drug involved equals or exceeds ten | 6890 |
unit doses but is less than fifty unit doses or equals or exceeds | 6891 |
one gram but is less than five grams, possession of heroin is a | 6892 |
felony of the fourth degree, and division (C) of section 2929.13 | 6893 |
of the Revised Code applies in determining whether to impose a | 6894 |
prison term on the offender. | 6895 |
(c) If the amount of the drug involved equals or exceeds | 6896 |
fifty unit doses but is less than one hundred unit doses or equals | 6897 |
or exceeds five grams but is less than ten grams, possession of | 6898 |
heroin is a felony of the third degree, and there is a presumption | 6899 |
for a prison term for the offense. | 6900 |
(d) If the amount of the drug involved equals or exceeds one | 6901 |
hundred unit doses but is less than five hundred unit doses or | 6902 |
equals or exceeds ten grams but is less than fifty grams, | 6903 |
possession of heroin is a felony of the second degree, and the | 6904 |
court shall impose as a mandatory prison term one of the prison | 6905 |
terms prescribed for a felony of the second degree. | 6906 |
(e) If the amount of the drug involved equals or exceeds | 6907 |
five hundred unit doses but is less than two thousand five hundred | 6908 |
unit doses or equals or exceeds fifty grams but is less than two | 6909 |
hundred fifty grams, possession of heroin is a felony of the first | 6910 |
degree, and the court shall impose as a mandatory prison term one | 6911 |
of the prison terms prescribed for a felony of the first degree. | 6912 |
(f) If the amount of the drug involved equals or exceeds two | 6913 |
thousand five hundred unit doses or equals or exceeds two hundred | 6914 |
fifty grams, possession of heroin is a felony of the first degree, | 6915 |
the offender is a major drug offender, and the court shall impose | 6916 |
as a mandatory prison term the maximum prison term prescribed for | 6917 |
a felony of the first degree and may impose an additional | 6918 |
mandatory prison term prescribed for a major drug offender under | 6919 |
division (D)(3)(b) of section 2929.14 of the Revised Code. | 6920 |
(7) If the drug involved in the violation is hashish or a | 6921 |
compound, mixture, preparation, or substance containing hashish, | 6922 |
whoever violates division (A) of this section is guilty of | 6923 |
possession of hashish. The penalty for the offense shall be | 6924 |
determined as follows: | 6925 |
(a) Except as otherwise provided in division (C)(7)(b), (c), | 6926 |
(d), (e), or (f) of this section, possession of hashish is a minor | 6927 |
misdemeanor. | 6928 |
(b) If the amount of the drug involved equals or exceeds | 6929 |
five grams but is less than ten grams of hashish in a solid form | 6930 |
or equals or exceeds one gram but is less than two grams of | 6931 |
hashish in a liquid concentrate, liquid extract, or liquid | 6932 |
distillate form, possession of hashish is a misdemeanor of the | 6933 |
fourth degree. | 6934 |
(c) If the amount of the drug involved equals or exceeds ten | 6935 |
grams but is less than fifty grams of hashish in a solid form or | 6936 |
equals or exceeds two grams but is less than ten grams of hashish | 6937 |
in a liquid concentrate, liquid extract, or liquid distillate | 6938 |
form, possession of hashish is a felony of the fifth degree, and | 6939 |
division (B) of section 2929.13 of the Revised Code applies in | 6940 |
determining whether to impose a prison term on the offender. | 6941 |
(d) If the amount of the drug involved equals or exceeds | 6942 |
fifty grams but is less than two hundred fifty grams of hashish in | 6943 |
a solid form or equals or exceeds ten grams but is less than fifty | 6944 |
grams of hashish in a liquid concentrate, liquid extract, or | 6945 |
liquid distillate form, possession of hashish is a felony of the | 6946 |
third degree, and division (C) of section 2929.13 of the Revised | 6947 |
Code applies in determining whether to impose a prison term on the | 6948 |
offender. | 6949 |
(e) If the amount of the drug involved equals or exceeds two | 6950 |
hundred fifty grams but is less than one thousand grams of hashish | 6951 |
in a solid form or equals or exceeds fifty grams but is less than | 6952 |
two hundred grams of hashish in a liquid concentrate, liquid | 6953 |
extract, or liquid distillate form, possession of hashish is a | 6954 |
felony of the third degree, and there is a presumption that a | 6955 |
prison term shall be imposed for the offense. | 6956 |
(f) If the amount of the drug involved equals or exceeds one | 6957 |
thousand grams of hashish in a solid form or equals or exceeds two | 6958 |
hundred grams of hashish in a liquid concentrate, liquid extract, | 6959 |
or liquid distillate form, possession of hashish is a felony of | 6960 |
the second degree, and the court shall impose as a mandatory | 6961 |
prison term the maximum prison term prescribed for a felony of the | 6962 |
second degree. | 6963 |
(D) Arrest or conviction for a minor misdemeanor violation | 6964 |
of this section does not constitute a criminal record and need not | 6965 |
be reported by the person so arrested or convicted in response to | 6966 |
any inquiries about the person's criminal record, including any | 6967 |
inquiries contained in any application for employment, license, or | 6968 |
other right or privilege, or made in connection with the person's | 6969 |
appearance as a witness. | 6970 |
(E) In addition to any prison term or jail term authorized | 6971 |
or required by division (C) of this section and sections 2929.13 | 6972 |
6973 | |
and in addition to any other sanction that is imposed for the | 6974 |
offense
under this section
| 6975 |
sections 2929.21 to 2929.28 of the Revised Code, the court that | 6976 |
sentences an offender who is convicted of or pleads guilty to a | 6977 |
violation of division (A) of this section shall do all of the | 6978 |
following that are applicable regarding the offender: | 6979 |
(1)(a) If the violation is a felony of the first, second, or | 6980 |
third degree, the court shall impose upon the offender the | 6981 |
mandatory fine specified for the offense under division (B)(1) of | 6982 |
section 2929.18 of the Revised Code unless, as specified in that | 6983 |
division, the court determines that the offender is indigent. | 6984 |
(b) Notwithstanding any contrary provision of section | 6985 |
3719.21 of the Revised Code, the clerk of the court shall pay a | 6986 |
mandatory fine or other fine imposed for a violation of this | 6987 |
section pursuant to division (A) of section 2929.18 of the Revised | 6988 |
Code in accordance with and subject to the requirements of | 6989 |
division (F) of section 2925.03 of the Revised Code. The agency | 6990 |
that receives the fine shall use the fine as specified in division | 6991 |
(F) of section 2925.03 of the Revised Code. | 6992 |
(c) If a person is charged with a violation of this section | 6993 |
that is a felony of the first, second, or third degree, posts | 6994 |
bail, and forfeits the bail, the clerk shall pay the forfeited | 6995 |
bail pursuant to division (E)(1)(b) of this section as if it were | 6996 |
a mandatory fine imposed under division (E)(1)(a) of this section. | 6997 |
(2) The court shall suspend for not less than six months or | 6998 |
more than five years the offender's driver's or commercial | 6999 |
driver's license or permit. | 7000 |
(3) If the offender is a professionally licensed person, in | 7001 |
addition to any other sanction imposed for a violation of this | 7002 |
section, the court immediately shall comply with section 2925.38 | 7003 |
of the Revised Code. | 7004 |
(F) It is an affirmative defense, as provided in section | 7005 |
2901.05 of the Revised Code, to a charge of a fourth degree felony | 7006 |
violation under this section that the controlled substance that | 7007 |
gave rise to the charge is in an amount, is in a form, is | 7008 |
prepared, compounded, or mixed with substances that are not | 7009 |
controlled substances in a manner, or is possessed under any other | 7010 |
circumstances, that indicate that the substance was possessed | 7011 |
solely for personal use. Notwithstanding any contrary provision | 7012 |
of this section, if, in accordance with section 2901.05 of the | 7013 |
Revised Code, an accused who is charged with a fourth degree | 7014 |
felony violation of division (C)(2), (4), (5), or (6) of this | 7015 |
section sustains the burden of going forward with evidence of and | 7016 |
establishes by a preponderance of the evidence the affirmative | 7017 |
defense described in this division, the accused may be prosecuted | 7018 |
for and may plead guilty to or be convicted of a misdemeanor | 7019 |
violation of division (C)(2) of this section or a fifth degree | 7020 |
felony violation of division (C)(4), (5), or (6) of this section | 7021 |
respectively. | 7022 |
(G) When a person is charged with possessing a bulk amount | 7023 |
or multiple of a bulk amount, division (E) of section 2925.03 of | 7024 |
the Revised Code applies regarding the determination of the amount | 7025 |
of the controlled substance involved at the time of the offense. | 7026 |
Sec. 2929.01. As used in this chapter: | 7027 |
(A)(1) "Alternative residential facility" means, subject to | 7028 |
division (A)(2) of this section, any facility other than an | 7029 |
offender's home or residence in which an offender is assigned to | 7030 |
live and that satisfies all of the following criteria: | 7031 |
(a) It provides programs through which the offender may seek | 7032 |
or maintain employment or may receive education, training, | 7033 |
treatment, or habilitation. | 7034 |
(b) It has received the appropriate license or certificate | 7035 |
for any specialized education, training, treatment, habilitation, | 7036 |
or other service that it provides from the government agency that | 7037 |
is responsible for licensing or certifying that type of education, | 7038 |
training, treatment, habilitation, or service. | 7039 |
(2) "Alternative residential facility" does not include a | 7040 |
community-based correctional facility, jail, halfway house, or | 7041 |
prison. | 7042 |
(B) "Bad time" means the time by which the parole board | 7043 |
administratively extends an offender's stated prison term or terms | 7044 |
pursuant to section 2967.11 of the Revised Code because the parole | 7045 |
board finds by clear and convincing evidence that the offender, | 7046 |
while serving the prison term or terms, committed an act that is a | 7047 |
criminal offense under the law of this state or the United States, | 7048 |
whether or not the offender is prosecuted for the commission of | 7049 |
that act. | 7050 |
(C) "Basic probation supervision" means a requirement that | 7051 |
the offender maintain contact with a person appointed to supervise | 7052 |
the offender in accordance with sanctions imposed by the court or | 7053 |
imposed by the parole board pursuant to section 2967.28 of the | 7054 |
Revised Code. "Basic probation supervision" includes basic parole | 7055 |
supervision and basic post-release control supervision. | 7056 |
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and | 7057 |
"unit dose" have the same meanings as in section 2925.01 of the | 7058 |
Revised Code. | 7059 |
(E) "Community-based correctional facility" means a | 7060 |
community-based correctional facility and program or district | 7061 |
community-based correctional facility and program developed | 7062 |
pursuant to sections 2301.51 to 2301.56 of the Revised Code. | 7063 |
(F) "Community control sanction" means a sanction that is | 7064 |
not a prison term and that is described in section 2929.15, | 7065 |
2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction | 7066 |
that is not a jail term and that is described in section 2929.26, | 7067 |
2929.27, or 2929.28 of the Revised Code. "Community control | 7068 |
sanction" includes probation if the sentence involved was imposed | 7069 |
for a felony that was committed prior to July 1, 1996, or if the | 7070 |
sentence involved was imposed for a misdemeanor that was committed | 7071 |
prior to January 1, 2004. | 7072 |
(G) "Controlled substance," "marihuana," "schedule I," and | 7073 |
"schedule II" have the same meanings as in section 3719.01 of the | 7074 |
Revised Code. | 7075 |
(H) "Curfew" means a requirement that an offender during a | 7076 |
specified period of time be at a designated place. | 7077 |
(I) "Day reporting" means a sanction pursuant to which an | 7078 |
offender is required each day to report to and leave a center or | 7079 |
other approved reporting location at specified times in order to | 7080 |
participate in work, education or training, treatment, and other | 7081 |
approved programs at the center or outside the center. | 7082 |
(J) "Deadly weapon" has the same meaning as in section | 7083 |
2923.11 of the Revised Code. | 7084 |
(K) "Drug and alcohol use monitoring" means a program under | 7085 |
which an offender agrees to submit to random chemical analysis of | 7086 |
the offender's blood, breath, or urine to determine whether the | 7087 |
offender has ingested any alcohol or other drugs. | 7088 |
(L) "Drug treatment program" means any program under which a | 7089 |
person undergoes assessment and treatment designed to reduce or | 7090 |
completely eliminate the person's physical or emotional reliance | 7091 |
upon alcohol, another drug, or alcohol and another drug and under | 7092 |
which the person may be required to receive assessment and | 7093 |
treatment on an outpatient basis or may be required to reside at a | 7094 |
facility other than the person's home or residence while | 7095 |
undergoing assessment and treatment. | 7096 |
(M) "Economic loss" means any economic detriment suffered by | 7097 |
a victim as a result of the commission of a felony and includes | 7098 |
any loss of income due to lost time at work because of any injury | 7099 |
caused to the victim, and any property loss, medical cost, or | 7100 |
funeral expense incurred as a result of the commission of the | 7101 |
felony. | 7102 |
(N) "Education or training" includes study at, or in | 7103 |
conjunction with a program offered by, a university, college, or | 7104 |
technical college or vocational study and also includes the | 7105 |
completion of primary school, secondary school, and literacy | 7106 |
curricula or their equivalent. | 7107 |
(O)
| 7108 |
7109 |
| 7110 |
7111 | |
7112 |
| 7113 |
the Revised Code. | 7114 |
| 7115 |
division of parole and community services of the department of | 7116 |
rehabilitation and correction pursuant to section 2967.14 of the | 7117 |
Revised Code as a suitable facility for the care and treatment of | 7118 |
adult offenders. | 7119 |
| 7120 |
7121 | |
other premises specified by the sentencing court or by the parole | 7122 |
board
pursuant to section 2967.28 of the Revised Code | 7123 |
7124 | |
following apply: | 7125 |
(1) The
| 7126 |
7127 | |
specified period of confinement, except for periods of time during | 7128 |
which the
| 7129 |
employment or at other premises as authorized by the sentencing | 7130 |
court or by the parole board. | 7131 |
(2) The
| 7132 |
to a person designated by the court or parole board. | 7133 |
(3) The
| 7134 |
restrictions and requirements that may be imposed by the | 7135 |
sentencing court or by the parole board. | 7136 |
| 7137 |
that an offender maintain frequent contact with a person appointed | 7138 |
by the court, or by the parole board pursuant to section 2967.28 | 7139 |
of the Revised Code, to supervise the offender while the offender | 7140 |
is seeking or maintaining necessary employment and participating | 7141 |
in training, education, and treatment programs as required in the | 7142 |
court's or parole board's order. "Intensive probation | 7143 |
supervision" includes intensive parole supervision and intensive | 7144 |
post-release control supervision. | 7145 |
| 7146 |
jail, or other residential facility used for the confinement of | 7147 |
alleged or convicted offenders that is operated by a political | 7148 |
subdivision or a combination of political subdivisions of this | 7149 |
state. | 7150 |
(T) "Jail term" means the term in a jail that a sentencing | 7151 |
court imposes or is authorized to impose pursuant to section | 7152 |
2929.24 or 2929.25 of the Revised Code or pursuant to any other | 7153 |
provision of the Revised Code that authorizes a term in a jail for | 7154 |
a misdemeanor conviction. | 7155 |
(U) "Mandatory jail term" means the term in a jail that a | 7156 |
sentencing court is required to impose pursuant to division (G) of | 7157 |
section 1547.99 of the Revised Code, division (B) of section | 7158 |
4510.14 of the Revised Code, or division (G) of section 4511.19 of | 7159 |
the Revised Code or pursuant to any other provision of the Revised | 7160 |
Code that requires a term in a jail for a misdemeanor conviction. | 7161 |
(V) "Delinquent child" has the same meaning as in section | 7162 |
2152.02 of the Revised Code. | 7163 |
(W) "License violation report" means a report that is made | 7164 |
by a sentencing court, or by the parole board pursuant to section | 7165 |
2967.28 of the Revised Code, to the regulatory or licensing board | 7166 |
or agency that issued an offender a professional license or a | 7167 |
license or permit to do business in this state and that specifies | 7168 |
that the offender has been convicted of or pleaded guilty to an | 7169 |
offense that may violate the conditions under which the offender's | 7170 |
professional license or license or permit to do business in this | 7171 |
state was granted or an offense for which the offender's | 7172 |
professional license or license or permit to do business in this | 7173 |
state may be revoked or suspended. | 7174 |
(X) "Major drug offender" means an offender who is convicted | 7175 |
of or pleads guilty to the possession of, sale of, or offer to | 7176 |
sell any drug, compound, mixture, preparation, or substance that | 7177 |
consists of or contains at least one thousand grams of hashish; at | 7178 |
least one hundred grams of crack cocaine; at least one thousand | 7179 |
grams of cocaine that is not crack cocaine; at least two thousand | 7180 |
five hundred unit doses or two hundred fifty grams of heroin; at | 7181 |
least five thousand unit doses of L.S.D. or five hundred grams of | 7182 |
L.S.D. in a liquid concentrate, liquid extract, or liquid | 7183 |
distillate form; or at least one hundred times the amount of any | 7184 |
other schedule I or II controlled substance other than marihuana | 7185 |
that is necessary to commit a felony of the third degree pursuant | 7186 |
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised | 7187 |
Code that is based on the possession of, sale of, or offer to sell | 7188 |
the controlled substance. | 7189 |
(Y) "Mandatory prison term" means any of the following: | 7190 |
(1) Subject to division (Y)(2) of this section, the term in | 7191 |
prison that must be imposed for the offenses or circumstances set | 7192 |
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and | 7193 |
division (D) of section 2929.14 of the Revised Code. Except as | 7194 |
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and | 7195 |
2925.11 of the Revised Code, unless the maximum or another | 7196 |
specific term is required under section 2929.14 of the Revised | 7197 |
Code, a mandatory prison term described in this division may be | 7198 |
any prison term authorized for the level of offense. | 7199 |
(2) The term of sixty or one hundred twenty days in prison | 7200 |
that a sentencing court is required to impose for a third or | 7201 |
fourth degree felony OVI offense pursuant to division (G)(2) of | 7202 |
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19 | 7203 |
of the Revised Code. | 7204 |
(3) The term in prison imposed pursuant to section 2971.03 | 7205 |
of the Revised Code for the offenses and in the circumstances | 7206 |
described in division (F)(11) of section 2929.13 of the Revised | 7207 |
Code and that term as modified or terminated pursuant to section | 7208 |
2971.05 of the Revised Code. | 7209 |
(Z) "Monitored time" means a period of time during which an | 7210 |
offender continues to be under the control of the sentencing court | 7211 |
or parole board, subject to no conditions other than leading a | 7212 |
law-abiding life. | 7213 |
(AA) "Offender" means a person who, in this state, is | 7214 |
convicted of or pleads guilty to a felony or a misdemeanor. | 7215 |
(BB) "Prison" means a residential facility used for the | 7216 |
confinement of convicted felony offenders that is under the | 7217 |
control of the department of rehabilitation and correction but | 7218 |
does not include a violation sanction center operated under | 7219 |
authority of section 2967.141 of the Revised Code. | 7220 |
(CC) "Prison term" includes any of the following sanctions | 7221 |
for an offender: | 7222 |
(1) A stated prison term; | 7223 |
(2) A term in a prison shortened by, or with the approval | 7224 |
of, the sentencing court pursuant to section 2929.20, 2967.26, | 7225 |
5120.031, 5120.032, or 5120.073 of the Revised Code; | 7226 |
(3) A term in prison extended by bad time imposed pursuant | 7227 |
to section 2967.11 of the Revised Code or imposed for a violation | 7228 |
of post-release control pursuant to section 2967.28 of the Revised | 7229 |
Code. | 7230 |
(DD) "Repeat violent offender" means a person about whom | 7231 |
both of the following apply: | 7232 |
(1) The person has been convicted of or has pleaded guilty | 7233 |
to, and is being sentenced for committing, for complicity in | 7234 |
committing, or for an attempt to commit, aggravated murder, | 7235 |
murder, involuntary manslaughter, a felony of the first degree | 7236 |
other than one set forth in Chapter 2925. of the Revised Code, a | 7237 |
felony of the first degree set forth in Chapter 2925. of the | 7238 |
Revised Code that involved an attempt to cause serious physical | 7239 |
harm to a person or that resulted in serious physical harm to a | 7240 |
person, or a felony of the second degree that involved an attempt | 7241 |
to cause serious physical harm to a person or that resulted in | 7242 |
serious physical harm to a person. | 7243 |
(2) Either of the following applies: | 7244 |
(a) The person previously was convicted of or pleaded guilty | 7245 |
to, and previously served or, at the time of the offense was | 7246 |
serving, a prison term for, any of the following: | 7247 |
(i) Aggravated murder, murder, involuntary manslaughter, | 7248 |
rape, felonious sexual penetration as it existed under section | 7249 |
2907.12 of the Revised Code prior to September 3, 1996, a felony | 7250 |
of the first or second degree that resulted in the death of a | 7251 |
person or in physical harm to a person, or complicity in or an | 7252 |
attempt to commit any of those offenses; | 7253 |
(ii) An offense under an existing or former law of this | 7254 |
state, another state, or the United States that is or was | 7255 |
substantially equivalent to an offense listed under division | 7256 |
(DD)(2)(a)(i) of this section and that resulted in the death of a | 7257 |
person or in physical harm to a person. | 7258 |
(b) The person previously was adjudicated a delinquent child | 7259 |
for committing an act that if committed by an adult would have | 7260 |
been an offense listed in division (DD)(2)(a)(i) or (ii) of this | 7261 |
section, the person was committed to the department of youth | 7262 |
services for that delinquent act. | 7263 |
(EE) "Sanction" means any penalty imposed upon an offender | 7264 |
who is convicted of or pleads guilty to an offense, as punishment | 7265 |
for the offense. "Sanction" includes any sanction imposed | 7266 |
pursuant to any provision of sections 2929.14 to 2929.18 or | 7267 |
2929.24 to 2929.28 of the Revised Code. | 7268 |
(FF) "Sentence" means the sanction or combination of | 7269 |
sanctions imposed by the sentencing court on an offender who is | 7270 |
convicted of or pleads guilty to
| 7271 |
(GG) "Stated prison term" means the prison term, mandatory | 7272 |
prison term, or combination of all prison terms and mandatory | 7273 |
prison terms imposed by the sentencing court pursuant to section | 7274 |
2929.14 or 2971.03 of the Revised Code. "Stated prison term" | 7275 |
includes any credit received by the offender for time spent in | 7276 |
jail awaiting trial, sentencing, or transfer to prison for the | 7277 |
offense and any time spent under house arrest or
| 7278 |
7279 | |
earning credits pursuant to section 2967.193 of the Revised Code. | 7280 |
(HH) "Victim-offender mediation" means a reconciliation or | 7281 |
mediation program that involves an offender and the victim of the | 7282 |
offense committed by the offender and that includes a meeting in | 7283 |
which the offender and the victim may discuss the offense, discuss | 7284 |
restitution, and consider other sanctions for the offense. | 7285 |
(II) "Fourth degree felony OVI offense" means a violation | 7286 |
of division (A) of section 4511.19 of the Revised Code that, under | 7287 |
division (G) of that section, is a felony of the fourth degree. | 7288 |
(JJ) "Mandatory term of local incarceration" means the term | 7289 |
of sixty or one hundred twenty days in a jail, a community-based | 7290 |
correctional facility, a halfway house, or an alternative | 7291 |
residential facility that a sentencing court may impose upon a | 7292 |
person who is convicted of or pleads guilty to a fourth degree | 7293 |
felony OVI offense pursuant to division (G)(1) of section 2929.13 | 7294 |
of the Revised Code and division (G)(1)(d) or (e) of section | 7295 |
4511.19 of the Revised Code. | 7296 |
(KK) "Designated homicide, assault, or kidnapping offense," | 7297 |
"sexual motivation specification," "sexually violent offense," | 7298 |
"sexually violent predator," and "sexually violent predator | 7299 |
specification" have the same meanings as in section 2971.01 of the | 7300 |
Revised Code. | 7301 |
(LL) "Habitual sex offender," "sexually oriented offense," | 7302 |
and "sexual predator" have the same meanings as in section 2950.01 | 7303 |
of the Revised Code. | 7304 |
(MM) An offense is "committed in the vicinity of a child" if | 7305 |
the offender commits the offense within thirty feet of or within | 7306 |
the same residential unit as a child who is under eighteen years | 7307 |
of age, regardless of whether the offender knows the age of the | 7308 |
child or whether the offender knows the offense is being committed | 7309 |
within thirty feet of or within the same residential unit as the | 7310 |
child and regardless of whether the child actually views the | 7311 |
commission of the offense. | 7312 |
(NN) "Family or household member" has the same meaning as in | 7313 |
section 2919.25 of the Revised Code. | 7314 |
(OO) "Motor vehicle" and "manufactured home" have the same | 7315 |
meanings as in section 4501.01 of the Revised Code. | 7316 |
(PP) "Detention" and "detention facility" have the same | 7317 |
meanings as in section 2921.01 of the Revised Code. | 7318 |
(QQ) "Third degree felony OVI offense" means a violation of | 7319 |
division (A) of section 4511.19 of the Revised Code that, under | 7320 |
division (G) of that section, is a felony of the third degree. | 7321 |
(RR) "Random drug testing" has the same meaning as in | 7322 |
section 5120.63 of the Revised Code. | 7323 |
(SS) "Felony sex offense" has the same meaning as in section | 7324 |
7325 |
(TT) "Body armor" has the same meaning as in section | 7326 |
2941.1411 of the Revised Code. | 7327 |
(UU) "Electronic monitoring" means monitoring through the | 7328 |
use of an electronic monitoring device. | 7329 |
(VV) "Electronic monitoring device" means any of the | 7330 |
following: | 7331 |
(1) Any device that can be operated by electrical or battery | 7332 |
power and that conforms with all of the following: | 7333 |
(a) The device has a transmitter that can be attached to a | 7334 |
person, that will transmit a specified signal to a receiver of the | 7335 |
type described in division (VV)(1)(b) of this section if the | 7336 |
transmitter is removed from the person, turned off, or altered in | 7337 |
any manner without prior court approval in relation to electronic | 7338 |
monitoring or without prior approval of the department of | 7339 |
rehabilitation and correction in relation to the use of an | 7340 |
electronic monitoring device for an inmate on transitional control | 7341 |
or otherwise is tampered with, that can transmit continuously and | 7342 |
periodically a signal to that receiver when the person is within a | 7343 |
specified distance from the receiver, and that can transmit an | 7344 |
appropriate signal to that receiver if the person to whom it is | 7345 |
attached travels a specified distance from that receiver. | 7346 |
(b) The device has a receiver that can receive continuously | 7347 |
the signals transmitted by a transmitter of the type described in | 7348 |
division (VV)(1)(a) of this section, can transmit continuously | 7349 |
those signals by telephone to a central monitoring computer of the | 7350 |
type described in division (VV)(1)(c) of this section, and can | 7351 |
transmit continuously an appropriate signal to that central | 7352 |
monitoring computer if the receiver is turned off or altered | 7353 |
without prior court approval or otherwise tampered with. | 7354 |
(c) The device has a central monitoring computer that can | 7355 |
receive continuously the signals transmitted by telephone by a | 7356 |
receiver of the type described in division (VV)(1)(b) of this | 7357 |
section and can monitor continuously the person to whom an | 7358 |
electronic monitoring device of the type described in division | 7359 |
(VV)(1)(a) of this section is attached. | 7360 |
(2) Any device that is not a device of the type described in | 7361 |
division (VV)(1) of this section and that conforms with all of the | 7362 |
following: | 7363 |
(a) The device includes a transmitter and receiver that can | 7364 |
monitor and determine the location of a subject person at any | 7365 |
time, or at a designated point in time, through the use of a | 7366 |
central monitoring computer or through other electronic means. | 7367 |
(b) The device includes a transmitter and receiver that can | 7368 |
determine at any time, or at a designated point in time, through | 7369 |
the use of a central monitoring computer or other electronic means | 7370 |
the fact that the transmitter is turned off or altered in any | 7371 |
manner without prior approval of the court in relation to the | 7372 |
electronic monitoring or without prior approval of the department | 7373 |
of rehabilitation and correction in relation to the use of an | 7374 |
electronic monitoring device for an inmate on transitional control | 7375 |
or otherwise is tampered with. | 7376 |
(3) Any type of technology that can adequately track or | 7377 |
determine the location of a subject person at any time and that is | 7378 |
approved by the director of rehabilitation and correction, | 7379 |
including, but not limited to, any satellite technology, voice | 7380 |
tracking system, or retinal scanning system that is so approved. | 7381 |
Sec. 2929.17. The court imposing a sentence for a felony | 7382 |
upon an offender who is not required to serve a mandatory prison | 7383 |
term may impose any nonresidential sanction or combination of | 7384 |
nonresidential sanctions authorized under this section. If the | 7385 |
court imposes one or more nonresidential sanctions authorized | 7386 |
under this section, the court shall impose as a condition of the | 7387 |
sanction that, during the period of the nonresidential sanction, | 7388 |
the offender shall abide by the law and shall not leave the state | 7389 |
without the permission of the court or the offender's probation | 7390 |
officer. | 7391 |
The court imposing a sentence for a fourth degree felony OVI | 7392 |
offense under division (G)(1) of section 2929.13 of the Revised | 7393 |
Code may impose upon the offender, in addition to the mandatory | 7394 |
term of local incarceration imposed under that division, a | 7395 |
nonresidential sanction or combination of nonresidential sanctions | 7396 |
under this section, and the offender shall serve or satisfy the | 7397 |
sanction or combination of sanctions after the offender has served | 7398 |
the mandatory term of local incarceration required for the | 7399 |
offense. Nonresidential sanctions include, but are not limited | 7400 |
to, the following: | 7401 |
(A) A term of day reporting; | 7402 |
(B) A term of
| 7403 |
electronic monitoring, a term of electronic monitoring without | 7404 |
house arrest, or a term of house arrest without electronic | 7405 |
monitoring; | 7406 |
(C) A term of community service of up to five hundred hours | 7407 |
pursuant to division
| 7408 |
or, if the court determines that the offender is financially | 7409 |
incapable of fulfilling a financial sanction described in section | 7410 |
2929.18 of the Revised Code, a term of community service as an | 7411 |
alternative to a financial sanction; | 7412 |
(D) A term in a drug treatment program with a level of | 7413 |
security for the offender as determined necessary by the court; | 7414 |
(E) A term of intensive probation supervision; | 7415 |
(F) A term of basic probation supervision; | 7416 |
(G) A term of monitored time; | 7417 |
(H) A term of drug and alcohol use monitoring, including | 7418 |
random drug testing
| 7419 |
7420 |
(I) A curfew term; | 7421 |
(J) A requirement that the offender obtain employment; | 7422 |
(K) A requirement that the offender obtain education or | 7423 |
training; | 7424 |
(L) Provided the court obtains the prior approval of the | 7425 |
victim, a requirement that the offender participate in | 7426 |
victim-offender mediation; | 7427 |
(M) A license violation report; | 7428 |
(N) If the offense is a violation of section 2919.25 or a | 7429 |
violation of section 2903.11, 2903.12, or 2903.13 of the Revised | 7430 |
Code involving a person who was a family or household member at | 7431 |
the time of the violation, if the offender committed the offense | 7432 |
in the vicinity of one or more children who are not victims of the | 7433 |
offense, and if the offender or the victim of the offense is a | 7434 |
parent, guardian, custodian, or person in loco parentis of one or | 7435 |
more of those children, a requirement that the offender obtain | 7436 |
counseling. This division does not limit the court in requiring | 7437 |
the offender to obtain counseling for any offense or in any | 7438 |
circumstance not specified in this division. | 7439 |
Sec. 2929.18. (A) Except as otherwise provided in this | 7440 |
division and in addition to imposing court costs pursuant to | 7441 |
section 2947.23 of the Revised Code, the court imposing a sentence | 7442 |
upon an offender for a felony may sentence the offender to any | 7443 |
financial sanction or combination of financial sanctions | 7444 |
authorized under this section or, in the circumstances specified | 7445 |
in section
| 7446 |
the offender a fine in accordance with that section. Financial | 7447 |
sanctions that may be imposed pursuant to this section include, | 7448 |
but are not limited to, the following: | 7449 |
(1) Restitution by the offender to the victim of the | 7450 |
offender's crime or any survivor of the victim, in an amount based | 7451 |
on the victim's economic loss. The court shall order that the | 7452 |
restitution be made to the victim in open court, to the adult | 7453 |
probation department that serves the county on behalf of the | 7454 |
victim, to the clerk of courts, or to another agency designated by | 7455 |
the court | 7456 |
that reimbursement be made to third parties for amounts paid to or | 7457 |
on behalf of the victim or any survivor of the victim for economic | 7458 |
loss resulting from the offense. If reimbursement to third | 7459 |
parties is required, the reimbursement shall be made to any | 7460 |
governmental agency to repay any amounts paid by the agency to or | 7461 |
on behalf of the victim or any survivor of the victim for economic | 7462 |
loss resulting from the offense before any reimbursement is made | 7463 |
to any person other than a governmental agency. If no | 7464 |
governmental agency incurred expenses for economic loss of the | 7465 |
victim or any survivor of the victim resulting from the offense, | 7466 |
the reimbursement shall be made to any person other than a | 7467 |
governmental agency to repay amounts paid by that person to or on | 7468 |
behalf of the victim or any survivor of the victim for economic | 7469 |
loss of the victim resulting from the offense. The court shall | 7470 |
not require an offender to repay an insurance company for any | 7471 |
amounts the company paid on behalf of the offender pursuant to a | 7472 |
policy of insurance. At sentencing, the court shall determine the | 7473 |
amount of restitution to be made by the offender. The court may | 7474 |
base the amount of restitution it orders on an amount recommended | 7475 |
by the victim, the offender, a presentence investigation report, | 7476 |
estimates or receipts indicating the cost of repairing or | 7477 |
replacing property, and other information. The court shall hold a | 7478 |
hearing on restitution if the offender, victim, or survivor | 7479 |
disputes the amount. All restitution payments shall be credited | 7480 |
against any recovery of economic loss in a civil action brought by | 7481 |
the victim or any survivor of the victim against the offender. | 7482 |
The court may order that the offender pay a surcharge of not | 7483 |
more than five per cent of the amount of the restitution otherwise | 7484 |
ordered to the entity responsible for collecting and processing | 7485 |
restitution payments. | 7486 |
The victim or survivor may request that the prosecuting | 7487 |
attorney file a motion, or the offender may file a motion, for | 7488 |
modification of the payment terms of any restitution ordered. If | 7489 |
the court grants the motion, it may modify the payment terms as it | 7490 |
determines appropriate. | 7491 |
(2) Except as provided in division (B)(1), (3), or (4) of | 7492 |
this section, a fine payable by the offender to the state, to a | 7493 |
political subdivision, or as described in division (B)(2) of this | 7494 |
section to one or more law enforcement agencies, with the amount | 7495 |
of the fine based on a standard percentage of the offender's daily | 7496 |
income over a period of time determined by the court and based | 7497 |
upon the seriousness of the offense. A fine ordered under this | 7498 |
division shall not exceed the
| 7499 |
amount authorized for the level of the offense under division | 7500 |
(A)(3) of this section. | 7501 |
(3) Except as provided in division (B)(1), (3), or (4) of | 7502 |
this section, a fine payable by the offender to the state, to a | 7503 |
political subdivision when appropriate for a felony, or as | 7504 |
described in division (B)(2) of this section to one or more law | 7505 |
enforcement agencies, in the following amount: | 7506 |
(a) For a felony of the first degree, not more than twenty | 7507 |
thousand dollars; | 7508 |
(b) For a felony of the second degree, not more than fifteen | 7509 |
thousand dollars; | 7510 |
(c) For a felony of the third degree, not more than ten | 7511 |
thousand dollars; | 7512 |
(d) For a felony of the fourth degree, not more than five | 7513 |
thousand dollars; | 7514 |
(e) For a felony of the fifth degree, not more than two | 7515 |
thousand five hundred dollars. | 7516 |
(4) A state fine or costs as defined in section 2949.111 of | 7517 |
the Revised Code. | 7518 |
(5)(a) Reimbursement by the offender of any or all of the | 7519 |
costs of sanctions incurred by the government, including the | 7520 |
following: | 7521 |
(i) All or part of the costs of implementing any community | 7522 |
control sanction, including a supervision fee under section | 7523 |
2951.021 of the Revised Code; | 7524 |
(ii) All or part of the costs of confinement under a | 7525 |
sanction imposed pursuant to section 2929.14 or 2929.16 of the | 7526 |
Revised Code, provided that the amount of reimbursement ordered | 7527 |
under this division shall not exceed the total amount of | 7528 |
reimbursement the offender is able to pay as determined at a | 7529 |
hearing and shall not exceed the actual cost of the confinement. | 7530 |
(b) If the offender is sentenced to a sanction of | 7531 |
confinement pursuant to section 2929.14 or 2929.16 of the Revised | 7532 |
Code that is to be served in a facility operated by a board of | 7533 |
county commissioners, a legislative authority of a municipal | 7534 |
corporation, or another local governmental entity, if, pursuant to | 7535 |
section 307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16, | 7536 |
2301.56, or 2947.19 of the Revised Code and section 2929.37 of the | 7537 |
Revised Code, the board, legislative authority, or other local | 7538 |
governmental
entity requires
prisoners
| 7539 |
7540 | |
corporation, or other entity for its expenses incurred by reason | 7541 |
of the prisoner's confinement, and if the court does not impose a | 7542 |
financial
sanction under
division (A) | 7543 |
section, confinement costs may be assessed pursuant to section | 7544 |
2929.37 of the Revised Code. In addition, the offender may be | 7545 |
required to pay the fees specified in section 2929.38 of the | 7546 |
Revised Code in accordance with that section. | 7547 |
(c) Reimbursement by the offender for costs pursuant to | 7548 |
section
| 7549 |
(B)(1) For a first, second, or third degree felony violation | 7550 |
of any provision of Chapter 2925., 3719., or 4729. of the Revised | 7551 |
Code, the sentencing court shall impose upon the offender a | 7552 |
mandatory fine of at least one-half of, but not more than, the | 7553 |
maximum statutory fine amount authorized for the level of the | 7554 |
offense pursuant to division (A)(3) of this section. If an | 7555 |
offender alleges in an affidavit filed with the court prior to | 7556 |
sentencing that the offender is indigent and unable to pay the | 7557 |
mandatory fine and if the court determines the offender is an | 7558 |
indigent person and is unable to pay the mandatory fine described | 7559 |
in this division, the court shall not impose the mandatory fine | 7560 |
upon the offender. | 7561 |
(2) Any mandatory fine imposed upon an offender under | 7562 |
division (B)(1) of this section and any fine imposed upon an | 7563 |
offender under division (A)(2) or (3) of this section for any | 7564 |
fourth or fifth degree felony violation of any provision of | 7565 |
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid | 7566 |
to law enforcement agencies pursuant to division (F) of section | 7567 |
2925.03 of the Revised Code. | 7568 |
(3) For a fourth degree felony OVI offense and for a third | 7569 |
degree felony OVI offense, the sentencing court shall impose upon | 7570 |
the offender a mandatory fine in the amount specified in division | 7571 |
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever | 7572 |
is applicable. The mandatory fine so imposed shall be disbursed | 7573 |
as provided in the division pursuant to which it is imposed. | 7574 |
(4) Notwithstanding any fine otherwise authorized or | 7575 |
required to be imposed under division (A)(2) or (3) or (B)(1) of | 7576 |
this section or section 2929.31 of the Revised Code for a | 7577 |
violation of section 2925.03 of the Revised Code, in addition to | 7578 |
any penalty or sanction imposed for that offense under section | 7579 |
2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in | 7580 |
addition to the forfeiture of property in connection with the | 7581 |
offense as prescribed in sections 2925.42 to 2925.45 of the | 7582 |
Revised Code, the court that sentences an offender for a violation | 7583 |
of section 2925.03 of the Revised Code may impose upon the | 7584 |
offender a fine in addition to any fine imposed under division | 7585 |
(A)(2) or (3) of this section and in addition to any mandatory | 7586 |
fine imposed under division (B)(1) of this section. The fine | 7587 |
imposed under division (B)(4) of this section shall be used as | 7588 |
provided in division (H) of section 2925.03 of the Revised Code. A | 7589 |
fine imposed under division (B)(4) of this section shall not | 7590 |
exceed whichever of the following is applicable: | 7591 |
(a) The total value of any personal or real property in | 7592 |
which the offender has an interest and that was used in the course | 7593 |
of, intended for use in the course of, derived from, or realized | 7594 |
through conduct in violation of section 2925.03 of the Revised | 7595 |
Code, including any property that constitutes proceeds derived | 7596 |
from that offense; | 7597 |
(b) If the offender has no interest in any property of the | 7598 |
type described in division (B)(4)(a) of this section or if it is | 7599 |
not possible to ascertain whether the offender has an interest in | 7600 |
any property of that type in which the offender may have an | 7601 |
interest, the amount of the mandatory fine for the offense imposed | 7602 |
under division (B)(1) of this section or, if no mandatory fine is | 7603 |
imposed under division (B)(1) of this section, the amount of the | 7604 |
fine authorized for the level of the offense imposed under | 7605 |
division (A)(3) of this section. | 7606 |
(5) Prior to imposing a fine under division (B)(4) of this | 7607 |
section, the court shall determine whether the offender has an | 7608 |
interest in any property of the type described in division | 7609 |
(B)(4)(a) of this section. Except as provided in division (B)(6) | 7610 |
or (7) of this section, a fine that is authorized and imposed | 7611 |
under division (B)(4) of this section does not limit or affect the | 7612 |
imposition of the penalties and sanctions for a violation of | 7613 |
section 2925.03 of the Revised Code prescribed under those | 7614 |
sections or sections 2929.11 to 2929.18 of the Revised Code and | 7615 |
does not limit or affect a forfeiture of property in connection | 7616 |
with the offense as prescribed in sections 2925.42 to 2925.45 of | 7617 |
the Revised Code. | 7618 |
(6) If the sum total of a mandatory fine amount imposed for | 7619 |
a first, second, or third degree felony violation of section | 7620 |
2925.03 of the Revised Code under division (B)(1) of this section | 7621 |
plus the amount of any fine imposed under division (B)(4) of this | 7622 |
section does not exceed the maximum statutory fine amount | 7623 |
authorized for the level of the offense under division (A)(3) of | 7624 |
this section or section 2929.31 of the Revised Code, the court may | 7625 |
impose a fine for the offense in addition to the mandatory fine | 7626 |
and the fine imposed under division (B)(4) of this section. The | 7627 |
sum total of the amounts of the mandatory fine, the fine imposed | 7628 |
under division (B)(4) of this section, and the additional fine | 7629 |
imposed under division (B)(6) of this section shall not exceed the | 7630 |
maximum statutory fine amount authorized for the level of the | 7631 |
offense under division (A)(3) of this section or section 2929.31 | 7632 |
of the Revised Code. The clerk of the court shall pay any fine | 7633 |
that is imposed under division (B)(6) of this section to the | 7634 |
county, township, municipal corporation, park district as created | 7635 |
pursuant to section 511.18 or 1545.04 of the Revised Code, or | 7636 |
state law enforcement agencies in this state that primarily were | 7637 |
responsible for or involved in making the arrest of, and in | 7638 |
prosecuting, the offender pursuant to division (F) of section | 7639 |
2925.03 of the Revised Code. | 7640 |
(7) If the sum total of the amount of a mandatory fine | 7641 |
imposed for a first, second, or third degree felony violation of | 7642 |
section 2925.03 of the Revised Code plus the amount of any fine | 7643 |
imposed under division (B)(4) of this section exceeds the maximum | 7644 |
statutory fine amount authorized for the level of the offense | 7645 |
under division (A)(3) of this section or section 2929.31 of the | 7646 |
Revised Code, the court shall not impose a fine under division | 7647 |
(B)(6) of this section. | 7648 |
(C)(1) The offender shall pay reimbursements imposed upon | 7649 |
the offender pursuant to division
(A) | 7650 |
pay the costs incurred by the department of rehabilitation and | 7651 |
correction in operating a prison or other facility used to confine | 7652 |
offenders pursuant to sanctions imposed under section 2929.14 or | 7653 |
2929.16 of the Revised Code to the treasurer of state. The | 7654 |
treasurer of state shall deposit the reimbursements in the | 7655 |
confinement cost reimbursement fund that is hereby created in the | 7656 |
state treasury. The department of rehabilitation and correction | 7657 |
shall use the amounts deposited in the fund to fund the operation | 7658 |
of facilities used to confine offenders pursuant to sections | 7659 |
2929.14 and 2929.16 of the Revised Code. | 7660 |
(2) Except as provided in section 2951.021 of the Revised | 7661 |
Code, the offender shall pay reimbursements imposed upon the | 7662 |
offender pursuant to division
(A) | 7663 |
the costs incurred by a county pursuant to any sanction imposed | 7664 |
under this section or section 2929.16 or 2929.17 of the Revised | 7665 |
Code or in operating a facility used to confine offenders pursuant | 7666 |
to a sanction imposed under section 2929.16 of the Revised Code to | 7667 |
the county treasurer. The county treasurer shall deposit the | 7668 |
reimbursements in the sanction cost reimbursement fund that each | 7669 |
board of county commissioners shall create in its county treasury. | 7670 |
The county shall use the amounts deposited in the fund to pay the | 7671 |
costs incurred by the county pursuant to any sanction imposed | 7672 |
under this section or section 2929.16 or 2929.17 of the Revised | 7673 |
Code or in operating a facility used to confine offenders pursuant | 7674 |
to a sanction imposed under section 2929.16 of the Revised Code. | 7675 |
(3) Except as provided in section 2951.021 of the Revised | 7676 |
Code, the offender shall pay reimbursements imposed upon the | 7677 |
offender pursuant to division
(A) | 7678 |
the costs incurred by a municipal corporation pursuant to any | 7679 |
sanction imposed under this section or section 2929.16 or 2929.17 | 7680 |
of the Revised Code or in operating a facility used to confine | 7681 |
offenders pursuant to a sanction imposed under section 2929.16 of | 7682 |
the Revised Code to the treasurer of the municipal corporation. | 7683 |
The treasurer shall deposit the reimbursements in a special fund | 7684 |
that shall be established in the treasury of each municipal | 7685 |
corporation. The municipal corporation shall use the amounts | 7686 |
deposited in the fund to pay the costs incurred by the municipal | 7687 |
corporation pursuant to any sanction imposed under this section or | 7688 |
section 2929.16 or 2929.17 of the Revised Code or in operating a | 7689 |
facility used to confine offenders pursuant to a sanction imposed | 7690 |
under section 2929.16 of the Revised Code. | 7691 |
(4) Except as provided in section 2951.021 of the Revised | 7692 |
Code, the offender shall pay reimbursements imposed pursuant to | 7693 |
division
(A) | 7694 |
private provider pursuant to a sanction imposed under this section | 7695 |
or section 2929.16 or 2929.17 of the Revised Code to the provider. | 7696 |
(D)
| 7697 |
financial sanction imposed pursuant to division (A) or (B) of this | 7698 |
section is a judgment in favor of the state or a political | 7699 |
subdivision in which the court that imposed the financial sanction | 7700 |
is located | 7701 |
imposed pursuant to division
(A) | 7702 |
an offender who is incarcerated in a state facility or a municipal | 7703 |
jail is a judgment in favor of the state or the municipal | 7704 |
corporation | 7705 |
upon an offender pursuant to this section for costs incurred by a | 7706 |
private provider of sanctions is a judgment in favor of the | 7707 |
private provider | 7708 |
imposed pursuant to this section is a judgment in favor of the | 7709 |
victim of the offender's criminal act. The offender subject to | 7710 |
the sanction is the judgment debtor. Imposition of a financial | 7711 |
sanction and execution on the judgment does not preclude any other | 7712 |
power of the court to impose or enforce sanctions on the offender. | 7713 |
Once the financial sanction is imposed as a judgment, the victim, | 7714 |
private provider, state, or political subdivision may bring an | 7715 |
action to do any of the following: | 7716 |
(1) Obtain execution of the judgment through any available | 7717 |
procedure, including: | 7718 |
(a) An execution against the property of the judgment debtor | 7719 |
under Chapter 2329. of the Revised Code; | 7720 |
(b) An execution against the person of the judgment debtor | 7721 |
under Chapter 2331. of the Revised Code; | 7722 |
(c) A proceeding in aid of execution under Chapter 2333. of | 7723 |
the Revised Code, including: | 7724 |
(i) A proceeding for the examination of the judgment debtor | 7725 |
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27 | 7726 |
of the Revised Code; | 7727 |
(ii) A proceeding for attachment of the person of the | 7728 |
judgment debtor under section 2333.28 of the Revised Code; | 7729 |
(iii) A creditor's suit under section 2333.01 of the Revised | 7730 |
Code. | 7731 |
(d) The attachment of the property of the judgment debtor | 7732 |
under Chapter 2715. of the Revised Code; | 7733 |
(e) The garnishment of the property of the judgment debtor | 7734 |
under Chapter 2716. of the Revised Code. | 7735 |
(2) Obtain an order for the assignment of wages of the | 7736 |
judgment debtor under section 1321.33 of the Revised Code. | 7737 |
(E) A court that imposes a financial sanction upon an | 7738 |
offender may hold a hearing if necessary to determine whether the | 7739 |
offender is able to pay the sanction or is likely in the future to | 7740 |
be able to pay it. | 7741 |
(F) Each court imposing a financial sanction upon an | 7742 |
offender under this section or under section
| 7743 |
the
Revised
Code may designate
| 7744 |
or another person to collect | 7745 |
clerk or other person authorized by law or the court to collect | 7746 |
the financial sanction may enter into contracts with one or more | 7747 |
public agencies or private vendors for the collection of, amounts | 7748 |
due under the financial sanction imposed pursuant to this section | 7749 |
or section
| 7750 |
into a contract for the collection of amounts due from an offender | 7751 |
pursuant to any financial sanction imposed pursuant to this | 7752 |
section or section
| 7753 |
shall comply with sections 307.86 to 307.92 of the Revised Code. | 7754 |
(G) If a court that imposes a financial sanction under | 7755 |
division (A) or (B) of this section finds that an offender | 7756 |
satisfactorily has completed all other sanctions imposed upon the | 7757 |
offender and that all restitution that has been ordered has been | 7758 |
paid as ordered, the court may suspend any financial sanctions | 7759 |
imposed pursuant to this section
or section
| 7760 |
Revised Code that have not been paid. | 7761 |
(H) No financial sanction imposed under this section or | 7762 |
section
| 7763 |
victim from bringing a civil action against the offender. | 7764 |
Sec. 2929.19. (A)(1) The court shall hold a sentencing | 7765 |
hearing before imposing a sentence under this chapter upon an | 7766 |
offender who was convicted of or pleaded guilty to a felony and | 7767 |
before resentencing an offender who was convicted of or pleaded | 7768 |
guilty to a felony and whose case was remanded pursuant to section | 7769 |
2953.07 or 2953.08 of the Revised Code. At the hearing, the | 7770 |
offender, the prosecuting attorney, the victim or the victim's | 7771 |
representative in accordance with section 2930.14 of the Revised | 7772 |
Code, and, with the approval of the court, any other person may | 7773 |
present information relevant to the imposition of sentence in the | 7774 |
case. The court shall inform the offender of the verdict of the | 7775 |
jury or finding of the court and ask the offender whether the | 7776 |
offender has anything to say as to why sentence should not be | 7777 |
imposed upon the offender. | 7778 |
(2) Except as otherwise provided in this division, before | 7779 |
imposing sentence on an offender who is being sentenced for a | 7780 |
sexually oriented offense that was committed on or after January | 7781 |
1, 1997, and that is not a sexually violent offense, and before | 7782 |
imposing sentence on an offender who is being sentenced for a | 7783 |
sexually violent offense committed on or after January 1, 1997, | 7784 |
and who was not charged with a sexually violent predator | 7785 |
specification in the indictment, count in the indictment, or | 7786 |
information charging the sexually violent offense, the court shall | 7787 |
conduct a hearing in accordance with division (B) of section | 7788 |
2950.09 of the Revised Code to determine whether the offender is a | 7789 |
sexual predator. The court shall not conduct a hearing under that | 7790 |
division if the offender is being sentenced for a sexually violent | 7791 |
offense and a sexually violent predator specification was included | 7792 |
in the indictment, count in the indictment, or information | 7793 |
charging the sexually violent offense. Before imposing sentence | 7794 |
on an offender who is being sentenced for a sexually oriented | 7795 |
offense, the court also shall comply with division (E) of section | 7796 |
2950.09 of the Revised Code. | 7797 |
(B)(1) At the sentencing hearing, the court, before imposing | 7798 |
sentence, shall consider the record, any information presented at | 7799 |
the hearing by any person pursuant to division (A) of this | 7800 |
section, and, if one was prepared, the presentence investigation | 7801 |
report made pursuant to section 2951.03 of the Revised Code or | 7802 |
Criminal Rule 32.2, and any victim impact statement made pursuant | 7803 |
to section 2947.051 of the Revised Code. | 7804 |
(2) The court shall impose a sentence and shall make a | 7805 |
finding that gives its reasons for selecting the sentence imposed | 7806 |
in any of the following circumstances: | 7807 |
(a) Unless the offense is a sexually violent offense for | 7808 |
which the court is required to impose sentence pursuant to | 7809 |
division (G) of section 2929.14 of the Revised Code, if it imposes | 7810 |
a prison term for a felony of the fourth or fifth degree or for a | 7811 |
felony drug offense that is a violation of a provision of Chapter | 7812 |
2925. of the Revised Code and that is specified as being subject | 7813 |
to division (B) of section 2929.13 of the Revised Code for | 7814 |
purposes of sentencing, its reasons for imposing the prison term, | 7815 |
based upon the overriding purposes and principles of felony | 7816 |
sentencing set forth in section 2929.11 of the Revised Code, and | 7817 |
any factors listed in divisions (B)(1)(a) to (i) of section | 7818 |
2929.13 of the Revised Code that it found to apply relative to the | 7819 |
offender. | 7820 |
(b) If it does not impose a prison term for a felony of the | 7821 |
first or second degree or for a felony drug offense that is a | 7822 |
violation of a provision of Chapter 2925. of the Revised Code and | 7823 |
for which a presumption in favor of a prison term is specified as | 7824 |
being applicable, its reasons for not imposing the prison term and | 7825 |
for overriding the presumption, based upon the overriding purposes | 7826 |
and principles of felony sentencing set forth in section 2929.11 | 7827 |
of the Revised Code, and the basis of the findings it made under | 7828 |
divisions (D)(1) and (2) of section 2929.13 of the Revised Code. | 7829 |
(c) If it imposes consecutive sentences under section | 7830 |
2929.14 of the Revised Code, its reasons for imposing the | 7831 |
consecutive sentences; | 7832 |
(d) If the sentence is for one offense and it imposes a | 7833 |
prison term for the offense that is the maximum prison term | 7834 |
allowed for that offense by division (A) of section 2929.14 of the | 7835 |
Revised Code, its reasons for imposing the maximum prison term; | 7836 |
(e) If the sentence is for two or more offenses arising out | 7837 |
of a single incident and it imposes a prison term for those | 7838 |
offenses that is the maximum prison term allowed for the offense | 7839 |
of the highest degree by division (A) of section 2929.14 of the | 7840 |
Revised Code, its reasons for imposing the maximum prison term. | 7841 |
(3) Subject to division (B)(4) of this section, if the | 7842 |
sentencing court determines at the sentencing hearing that a | 7843 |
prison term is necessary or required, the court shall do all of | 7844 |
the following: | 7845 |
(a) Impose a stated prison term; | 7846 |
(b) Notify the offender that, as part of the sentence, the | 7847 |
parole board may extend the stated prison term for certain | 7848 |
violations of prison rules for up to one-half of the stated prison | 7849 |
term; | 7850 |
(c) Notify the offender that the offender will be supervised | 7851 |
under section 2967.28 of the Revised Code after the offender | 7852 |
leaves prison if the offender is being sentenced for a felony of | 7853 |
the first degree or second degree, for a felony sex offense, or | 7854 |
for a felony of the third degree in the commission of which the | 7855 |
offender caused or threatened to cause physical harm to a person; | 7856 |
(d) Notify the offender that the offender may be supervised | 7857 |
under section 2967.28 of the Revised Code after the offender | 7858 |
leaves prison if the offender is being sentenced for a felony of | 7859 |
the third, fourth, or fifth degree that is not subject to division | 7860 |
(B)(3)(c) of this section; | 7861 |
(e) Notify the offender that, if a period of supervision is | 7862 |
imposed following the offender's release from prison, as described | 7863 |
in division (B)(3)(c) or (d) of this section, and if the offender | 7864 |
violates that supervision or a condition of post-release control | 7865 |
imposed under division (B) of section 2967.131 of the Revised | 7866 |
Code, the parole board may impose a prison term, as part of the | 7867 |
sentence, of up to one-half of the stated prison term originally | 7868 |
imposed upon the offender; | 7869 |
(f) Require that the offender not ingest or be injected with | 7870 |
a drug of abuse and submit to random drug testing as provided in | 7871 |
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever | 7872 |
is applicable to the offender who is serving a prison term, and | 7873 |
require that the results of the drug test administered under any | 7874 |
of those sections indicate that the offender did not ingest or was | 7875 |
not injected with a drug of abuse. | 7876 |
(4) If the offender is being sentenced for a sexually | 7877 |
violent offense that the offender committed on or after January 1, | 7878 |
1997, and the offender also is convicted of or pleads guilty to a | 7879 |
sexually violent predator specification that was included in the | 7880 |
indictment, count in the indictment, or information charging the | 7881 |
sexually violent offense, if the offender is being sentenced for a | 7882 |
sexually oriented offense that the offender committed on or after | 7883 |
January 1, 1997, and the court imposing the sentence has | 7884 |
determined pursuant to division (B) of section 2950.09 of the | 7885 |
Revised Code that the offender is a sexual predator, or if the | 7886 |
offender is being sentenced for an aggravated sexually oriented | 7887 |
offense as defined in section 2950.01 of the Revised Code that the | 7888 |
offender committed on or after
| 7889 |
7890 | |
sentence a statement that the offender has been adjudicated as | 7891 |
being a sexual predator or has been convicted of or pleaded guilty | 7892 |
to an aggravated sexually oriented offense, whichever is | 7893 |
applicable, and shall comply with the requirements of section | 7894 |
2950.03 of the Revised Code. Additionally, in the circumstances | 7895 |
described in division (G) of section 2929.14 of the Revised Code, | 7896 |
the court shall impose sentence on the offender as described in | 7897 |
that division. | 7898 |
(5) If the sentencing court determines at the sentencing | 7899 |
hearing that a community control sanction should be imposed and | 7900 |
the court is not prohibited from imposing a community control | 7901 |
sanction, the court shall impose a community control sanction. The | 7902 |
court shall notify the offender that, if the conditions of the | 7903 |
sanction are violated, if the offender commits a violation of any | 7904 |
law, or if the offender leaves this state without the permission | 7905 |
of the court or the offender's probation officer, the court may | 7906 |
impose a longer time under the same sanction, may impose a more | 7907 |
restrictive sanction, or may impose a prison term on the offender | 7908 |
and shall indicate the specific prison term that may be imposed as | 7909 |
a sanction for the violation, as selected by the court from the | 7910 |
range of prison terms for the offense pursuant to section 2929.14 | 7911 |
of the Revised Code. | 7912 |
(6) Before imposing a financial sanction under section | 7913 |
2929.18 of the Revised Code or a fine under section
| 7914 |
2929.32 of the Revised Code, the court shall consider the | 7915 |
offender's present and future ability to pay the amount of the | 7916 |
sanction or fine. | 7917 |
(7) If the sentencing court sentences the offender to a | 7918 |
sanction of confinement pursuant to section 2929.14 or 2929.16 of | 7919 |
the Revised Code that is to be served in a local detention | 7920 |
facility, as defined in section
| 7921 |
Code, and if the local detention facility is covered by a policy | 7922 |
adopted pursuant to section 307.93, 341.14, 341.19, 341.21, | 7923 |
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised | 7924 |
Code and section 2929.37 of the Revised Code, both of the | 7925 |
following apply: | 7926 |
(a) The court shall specify both of the following as part of | 7927 |
the sentence: | 7928 |
(i) If the offender is presented with an itemized bill | 7929 |
pursuant to section 2929.37 of the Revised Code for payment of the | 7930 |
costs of confinement, the offender is required to pay the bill in | 7931 |
accordance with that section. | 7932 |
(ii) If the offender does not dispute the bill described in | 7933 |
division (B)(7)(a)(i) of this section and does not pay the bill by | 7934 |
the times specified in section 2929.37 of the Revised Code, the | 7935 |
clerk of the court may issue a certificate of judgment against the | 7936 |
offender as described in that section. | 7937 |
(b) The sentence automatically includes any certificate of | 7938 |
judgment issued as described in division (B)(7)(a)(ii) of this | 7939 |
section. | 7940 |
(C)(1) If the offender is being sentenced for a fourth | 7941 |
degree felony OVI offense under division (G)(1) of section 2929.13 | 7942 |
of the Revised Code, the court shall impose the mandatory term of | 7943 |
local incarceration in accordance with that division, shall impose | 7944 |
a mandatory fine in accordance with division (B)(3) of section | 7945 |
2929.18 of the Revised Code, and, in addition, may impose | 7946 |
additional sanctions as specified in sections 2929.15, 2929.16, | 7947 |
2929.17, and 2929.18 of the Revised Code. The court shall not | 7948 |
impose a prison term on the offender. | 7949 |
(2) If the offender is being sentenced for a third or fourth | 7950 |
degree felony OVI offense under division (G)(2) of section 2929.13 | 7951 |
of the Revised Code, the court shall impose the mandatory prison | 7952 |
term in accordance with that division, shall impose a mandatory | 7953 |
fine in accordance with division (B)(3) of section 2929.18 of the | 7954 |
Revised Code, and, in addition, may impose an additional prison | 7955 |
term as specified in section 2929.14 of the Revised Code. The | 7956 |
court shall not impose any community control sanction on the | 7957 |
offender. | 7958 |
(D) The sentencing court, pursuant to division (K) of | 7959 |
section 2929.14 of the Revised Code, may recommend placement of | 7960 |
the offender in a program of shock incarceration under section | 7961 |
5120.031 of the Revised Code or an intensive program prison under | 7962 |
section 5120.032 of the Revised Code, disapprove placement of the | 7963 |
offender in a program or prison of that nature, or make no | 7964 |
recommendation. If the court recommends or disapproves placement, | 7965 |
it shall make a finding that gives its reasons for its | 7966 |
recommendation or disapproval. | 7967 |
Sec. 2929.21. (A) A court that sentences an offender for a | 7968 |
misdemeanor or minor misdemeanor shall be guided by the overriding | 7969 |
purposes of misdemeanor sentencing. The overriding purposes of | 7970 |
misdemeanor sentencing are to protect the public from future crime | 7971 |
by the offender and others and to punish the offender. To achieve | 7972 |
those purposes, the sentencing court shall consider the impact of | 7973 |
the offense upon the victim and the need for changing the | 7974 |
offender's behavior, rehabilitating the offender, and making | 7975 |
restitution to the victim of the offense, the public, or the | 7976 |
victim and the public. | 7977 |
(B) A sentence imposed for a misdemeanor or minor misdemeanor | 7978 |
shall be reasonably calculated to achieve the two overriding | 7979 |
purposes of misdemeanor sentencing set forth in division (A) of | 7980 |
this section, commensurate with and not demeaning to the | 7981 |
seriousness of the offender's conduct and its impact upon the | 7982 |
victim, and consistent with sentences imposed for similar offenses | 7983 |
committed by similar offenders. | 7984 |
(C) A court that imposes a sentence upon an offender for a | 7985 |
misdemeanor or minor misdemeanor shall not base the sentence upon | 7986 |
the race, ethnic background, gender, or religion of the offender. | 7987 |
Sec. 2929.22. (A) Unless a mandatory jail term is required | 7988 |
to be imposed by division (G) of section 1547.99, division (B) of | 7989 |
section 4510.14, division (G) of section 4511.19 of the Revised | 7990 |
Code, or any other provision of the Revised Code a court that | 7991 |
imposes a sentence under this chapter upon an offender for a | 7992 |
misdemeanor or minor misdemeanor has discretion to determine the | 7993 |
most effective way to achieve the purposes and principles of | 7994 |
sentencing set forth in section 2929.21 of the Revised Code. | 7995 |
Unless a specific sanction is required to be imposed or is | 7996 |
precluded from being imposed by the section setting forth an | 7997 |
offense or the penalty for an offense or by any provision of | 7998 |
sections 2929.23 to 2929.28 of the Revised Code, a court that | 7999 |
imposes a sentence upon an offender for a misdemeanor may impose | 8000 |
on the offender any sanction or combination of sanctions under | 8001 |
sections 2929.24 to 2929.28 of the Revised Code. The court shall | 8002 |
not impose a sentence that imposes an unnecessary burden on local | 8003 |
government resources. | 8004 |
(B)(1) In determining the appropriate sentence for a | 8005 |
misdemeanor, the court shall determine whether the victim of the | 8006 |
offense was sixty-five years of age or older, permanently and | 8007 |
totally disabled, or under eighteen years of age at the time of | 8008 |
the commission of the offense and, to the extent applicable, shall | 8009 |
proceed as follows: | 8010 |
(a) If the court determines that the victim was sixty-five | 8011 |
years of age or older, permanently and totally disabled, or under | 8012 |
eighteen years of age at the time of the commission of the | 8013 |
offense, regardless of whether the offender knew the age of the | 8014 |
victim or knew of the victim's disability, and if the offense is a | 8015 |
misdemeanor other than a minor misdemeanor, the court shall | 8016 |
consider that fact in favor of imposing a jail term on the | 8017 |
offender, but that fact shall not control the decision of the | 8018 |
court. | 8019 |
(b) If the court determines that the victim was sixty-five | 8020 |
years of age or older or permanently and totally disabled at the | 8021 |
time of the commission of the offense, regardless of whether the | 8022 |
offender knew the age of the victim or knew of the victim's | 8023 |
disability, the court shall consider that fact in favor of | 8024 |
imposing a financial sanction of restitution on the offender under | 8025 |
section 2929.28 of the Revised Code, but that fact shall not | 8026 |
control the decision of the court. | 8027 |
(2) In determining the appropriate sentence for a | 8028 |
misdemeanor, in addition to complying with division (B)(1) of this | 8029 |
section, the court shall consider all of the following factors: | 8030 |
(a) The nature and circumstances of the offense or offenses; | 8031 |
(b) Whether the circumstances regarding the offender and the | 8032 |
offense or offenses indicate that the offender has a history of | 8033 |
persistent criminal activity and that the offender's character and | 8034 |
condition reveal a substantial risk that the offender will commit | 8035 |
another offense; | 8036 |
(c) Whether the circumstances regarding the offender and the | 8037 |
offense or offenses indicate that the offender's history, | 8038 |
character, and condition reveal a substantial risk that the | 8039 |
offender will be a danger to others and that the offender's | 8040 |
conduct has been characterized by a pattern of repetitive, | 8041 |
compulsive, or aggressive behavior with heedless indifference to | 8042 |
the consequences; | 8043 |
(d) The criminal history and character of the offender in | 8044 |
general, in addition to the circumstances described in divisions | 8045 |
(B)(2)(b) and (c) of this section; | 8046 |
(e) Whether the offender is likely to commit future crimes | 8047 |
in general, in addition to the circumstances described in | 8048 |
divisions (B)(2)(b) and (c) of this section. | 8049 |
(3) In determining the appropriate sentence for a | 8050 |
misdemeanor, in addition to complying with divisions (B)(1) and | 8051 |
(2) of this section, the court may consider any other factors that | 8052 |
are relevant to achieving the purposes and principles of | 8053 |
sentencing set forth in section 2929.21 of the Revised Code. | 8054 |
(C) Before imposing a jail term as a sentence for a | 8055 |
misdemeanor, a court shall consider the appropriateness of | 8056 |
imposing a community control sanction or a combination of | 8057 |
community control sanctions under sections 2929.25, 2929.26, | 8058 |
2929.27, and 2929.28 of the Revised Code. A court may impose the | 8059 |
longest jail term authorized under section 2929.24 of the Revised | 8060 |
Code only upon offenders who commit the worst forms of the offense | 8061 |
or upon offenders whose conduct and response to prior sanctions | 8062 |
for prior offenses demonstrate that the imposition of the longest | 8063 |
jail term is necessary to deter the offender from committing a | 8064 |
future crime. | 8065 |
(D)(1) A sentencing court shall consider any relevant oral | 8066 |
or written statement made by the victim, the defendant, the | 8067 |
defense attorney, or the prosecuting authority regarding | 8068 |
sentencing for a misdemeanor. This division does not create any | 8069 |
rights to notice other than those rights authorized by Chapter | 8070 |
2930. of the Revised Code. | 8071 |
(2) At the time of sentencing for a misdemeanor or as soon | 8072 |
as possible after sentencing, the court shall notify the victim of | 8073 |
the offense of the victim's right to file an application for an | 8074 |
award of reparations pursuant to sections 2743.51 to 2743.72 of | 8075 |
the Revised Code. | 8076 |
Sec. 2929.23. (A) If an offender is being sentenced for a | 8077 |
sexually oriented offense that is a misdemeanor committed on or | 8078 |
after January 1, 1997, and if the judge imposing sentence for the | 8079 |
sexually oriented offense determines pursuant to division (B) of | 8080 |
section 2950.09 of the Revised Code that the offender is a sexual | 8081 |
predator, the judge shall include in the offender's sentence a | 8082 |
statement that the offender has been adjudicated a sexual | 8083 |
predator, shall comply with the requirements of section 2950.03 of | 8084 |
the Revised Code, and shall require the offender to submit to a | 8085 |
DNA specimen collection procedure pursuant to section 2901.07 of | 8086 |
the Revised Code. | 8087 |
(B) Before imposing sentence on an offender who is being | 8088 |
sentenced for a sexually oriented offense that is a misdemeanor | 8089 |
committed on or after January 1, 1997, the judge shall conduct a | 8090 |
hearing in accordance with division (B) of section 2950.09 of the | 8091 |
Revised Code to determine whether the offender is a sexual | 8092 |
predator. Before imposing sentence on an offender who is being | 8093 |
sentenced for a sexually oriented offense, the court also shall | 8094 |
comply with division (E) of section 2950.09 of the Revised Code. | 8095 |
(C) If an offender is being sentenced for a sexually | 8096 |
oriented offense that is a misdemeanor committed on or after | 8097 |
January 1, 1997, the judge shall include in the sentence a summary | 8098 |
of the offender's duty to register pursuant to section 2950.04 of | 8099 |
the Revised Code, the offender's duty to provide notice of an | 8100 |
intent to reside in a county if applicable pursuant to division | 8101 |
(G) of section 2950.04 of the Revised Code, the offender's duty to | 8102 |
provide notice of a change in residence address and register the | 8103 |
new residence address pursuant to section 2950.05 of the Revised | 8104 |
Code, the offender's duty to periodically verify the offender's | 8105 |
current residence address pursuant to section 2950.06 of the | 8106 |
Revised Code, and the duration of the duties. The judge shall | 8107 |
inform the offender, at the time of sentencing, of those duties | 8108 |
and of their duration and, if required under division (A)(2) of | 8109 |
section 2950.03 of the Revised Code, shall perform the duties | 8110 |
specified in that section. | 8111 |
Sec. 2929.24. (A) Except as provided in section 2929.22 or | 8112 |
2929.23 of the Revised Code and unless another term is required or | 8113 |
authorized pursuant to law, if the sentencing court imposing a | 8114 |
sentence upon an offender for a misdemeanor elects or is required | 8115 |
to impose a jail term on the offender pursuant to this chapter, | 8116 |
the court shall impose a definite jail term that shall be one of | 8117 |
the following: | 8118 |
(1) For a misdemeanor of the first degree, not more than one | 8119 |
hundred eighty days; | 8120 |
(2) For a misdemeanor of the second degree, not more than | 8121 |
ninety days; | 8122 |
(3) For a misdemeanor of the third degree, not more than | 8123 |
sixty days; | 8124 |
(4) For a misdemeanor of the fourth degree, not more than | 8125 |
thirty days. | 8126 |
(B) A court that sentences an offender to a jail term under | 8127 |
this section may permit the offender to serve the sentence in | 8128 |
intermittent confinement or may authorize a limited release of the | 8129 |
offender as provided in division (B) of section 2929.26 of the | 8130 |
Revised Code. | 8131 |
(C) If a court sentences an offender to a jail term under | 8132 |
this section and the court assigns the offender to a county jail | 8133 |
that has established a county jail industry program pursuant to | 8134 |
section 5147.30 of the Revised Code, the court shall specify, as | 8135 |
part of the sentence, whether the offender may be considered for | 8136 |
participation in the program. During the offender's term in the | 8137 |
county jail, the court retains jurisdiction to modify its | 8138 |
specification regarding the offender's participation in the county | 8139 |
jail industry program. | 8140 |
(D) If a person is sentenced to a jail term pursuant to this | 8141 |
section, the court may impose as part of the sentence pursuant to | 8142 |
section 2929.28 of the Revised Code a reimbursement sanction, and, | 8143 |
if the local detention facility in which the term is to be served | 8144 |
is covered by a policy adopted pursuant to section 307.93, 341.14, | 8145 |
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or | 8146 |
2947.19 of the Revised Code and section 2929.37 of the Revised | 8147 |
Code, both of the following apply: | 8148 |
(1) The court shall specify both of the following as part of | 8149 |
the sentence: | 8150 |
(a) If the person is presented with an itemized bill pursuant | 8151 |
to section 2929.37 of the Revised Code for payment of the costs of | 8152 |
confinement, the person is required to pay the bill in accordance | 8153 |
with that section. | 8154 |
(b) If the person does not dispute the bill described in | 8155 |
division (D)(1)(a) of this section and does not pay the bill by | 8156 |
the times specified in section 2929.37 of the Revised Code, the | 8157 |
clerk of the court may issue a certificate of judgment against the | 8158 |
person as described in that section. | 8159 |
(2) The sentence automatically includes any certificate of | 8160 |
judgment issued as described in division (D)(1)(b) of this | 8161 |
section. | 8162 |
Sec. 2929.25. (A)(1) Except as provided in sections 2929.22 | 8163 |
and 2929.23 of the Revised Code or when a jail term is required by | 8164 |
law, in sentencing an offender for a misdemeanor, other than a | 8165 |
minor misdemeanor, the sentencing court may do either of the | 8166 |
following: | 8167 |
(a) Directly impose a sentence that consists of one or more | 8168 |
community control sanctions authorized by section 2929.26, | 8169 |
2929.27, or 2929.28 of the Revised Code. The court may impose any | 8170 |
other conditions of release under a community control sanction | 8171 |
that the court considers appropriate, including, but not limited | 8172 |
to, requiring that the offender not ingest or be injected with a | 8173 |
drug of abuse and submit to random drug testing and requiring that | 8174 |
the results of the drug test indicate that the offender did not | 8175 |
ingest or was not injected with a drug of abuse. If the court | 8176 |
imposes a jail term upon the offender, the court may impose any | 8177 |
community control sanction or combination of community control | 8178 |
sanctions in addition to the jail term. | 8179 |
(b) Impose a jail term under section 2929.24 of the Revised | 8180 |
Code from the range of jail terms authorized under that section | 8181 |
for the offense, suspend all or a portion of the jail term | 8182 |
imposed, and place the offender under a community control sanction | 8183 |
or combination of community control sanctions authorized under | 8184 |
section 2929.26, 2929.27, or 2929.28 of the Revised Code. | 8185 |
(2) The duration of all community control sanctions imposed | 8186 |
upon an offender and in effect for an offender at any time shall | 8187 |
not exceed five years. | 8188 |
(3) At sentencing, if a court directly imposes a community | 8189 |
control sanction or combination of community control sanctions | 8190 |
pursuant to division (A)(1)(a) of this section, the court shall | 8191 |
state the duration of the community control sanctions imposed and | 8192 |
shall notify the offender that if any of the conditions of the | 8193 |
community control sanctions are violated the court may do any of | 8194 |
the following: | 8195 |
(a) Impose a longer time under the same community control | 8196 |
sanction if the total time under all of the offender's community | 8197 |
control sanctions does not exceed the five-year limit specified in | 8198 |
division (A)(2) of this section; | 8199 |
(b) Impose a more restrictive community control sanction | 8200 |
under section 2929.26, 2929.27, or 2929.28 of the Revised Code, | 8201 |
but the court is not required to impose any particular sanction or | 8202 |
sanctions; | 8203 |
(c) Impose a definite jail term from the range of jail terms | 8204 |
authorized for the offense under section 2929.24 of the Revised | 8205 |
Code. | 8206 |
(B)(1) If a court sentences an offender to any community | 8207 |
control sanction or combination of community control sanctions | 8208 |
authorized under section 2929.26, 2929.27, or 2929.28 of the | 8209 |
Revised Code, the court shall place the offender under the general | 8210 |
control and supervision of the court or of a department of | 8211 |
probation in the jurisdiction that serves the court for purposes | 8212 |
of reporting to the court a violation of any of the conditions of | 8213 |
the sanctions imposed. If the offender resides in another | 8214 |
jurisdiction and a department of probation has been established to | 8215 |
serve the municipal court or county court in that jurisdiction, | 8216 |
the sentencing court may request the municipal court or the county | 8217 |
court to receive the offender into the general control and | 8218 |
supervision of that department of probation for purposes of | 8219 |
reporting to the sentencing court a violation of any of the | 8220 |
conditions of the sanctions imposed. The sentencing court retains | 8221 |
jurisdiction over any offender whom it sentences for the duration | 8222 |
of the sanction or sanctions imposed. | 8223 |
(2) The sentencing court shall require as a condition of any | 8224 |
community control sanction that the offender abide by the law and | 8225 |
not leave the state without the permission of the court or the | 8226 |
offender's probation officer. In the interests of doing justice, | 8227 |
rehabilitating the offender, and ensuring the offender's good | 8228 |
behavior, the court may impose additional requirements on the | 8229 |
offender. The offender's compliance with the additional | 8230 |
requirements also shall be a condition of the community control | 8231 |
sanction imposed upon the offender. | 8232 |
(C)(1) If the court imposing sentence upon an offender | 8233 |
sentences the offender to any community control sanction or | 8234 |
combination of community control sanctions authorized under | 8235 |
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if | 8236 |
the offender violates any of the conditions of the sanctions, the | 8237 |
public or private person or entity that supervises or administers | 8238 |
the program or activity that comprises the sanction shall report | 8239 |
the violation directly to the sentencing court or to the | 8240 |
department of probation or probation officer with general control | 8241 |
and supervision over the offender. If the public or private | 8242 |
person or entity reports the violation to the department of | 8243 |
probation or probation officer, the department or officer shall | 8244 |
report the violation to the sentencing court. | 8245 |
(2) If an offender violates any condition of a community | 8246 |
control sanction, the sentencing court may impose upon the | 8247 |
violator a longer time under the same community control sanction | 8248 |
if the total time under all of the community control sanctions | 8249 |
imposed on the violator does not exceed the five-year limit | 8250 |
specified in division (A)(2) of this section or may impose on the | 8251 |
violator a more restrictive community control sanction or | 8252 |
combination of community control sanctions, including a jail term. | 8253 |
If the court imposes a jail term upon a violator pursuant to this | 8254 |
division, the total time spent in jail for the misdemeanor offense | 8255 |
and the violation of a condition of the community control sanction | 8256 |
shall not exceed the maximum jail term available for the offense | 8257 |
for which the sanction that was violated was imposed. The court | 8258 |
may reduce the longer period of time that the violator is required | 8259 |
to spend under the longer sanction or the more restrictive | 8260 |
sanction by all or part of the time the violator successfully | 8261 |
spent under the sanction that was initially imposed. | 8262 |
(D) Except as otherwise provided in this division, if an | 8263 |
offender, for a significant period of time, fulfills the | 8264 |
conditions of a community control sanction imposed pursuant to | 8265 |
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an | 8266 |
exemplary manner, the court may reduce the period of time under | 8267 |
the community control sanction or impose a less restrictive | 8268 |
community control sanction. Fulfilling the conditions of a | 8269 |
community control sanction does not relieve the offender of a duty | 8270 |
to make restitution under section 2929.28 of the Revised Code. | 8271 |
Sec. 2929.26. (A) Except when a mandatory jail term is | 8272 |
required by law, the court imposing a sentence for a misdemeanor, | 8273 |
other than a minor misdemeanor, may impose upon the offender any | 8274 |
community residential sanction or combination of community | 8275 |
residential sanctions under this section. Community residential | 8276 |
sanctions include, but are not limited to, the following: | 8277 |
(1) A term of up to one hundred eighty days in a halfway | 8278 |
house or a term in a halfway house not to exceed the longest jail | 8279 |
term available for the offense, whichever is shorter, if the | 8280 |
political subdivision that would have responsibility for paying | 8281 |
the costs of confining the offender in a jail has entered into a | 8282 |
contract with the halfway house for use of the facility for | 8283 |
misdemeanor offenders; | 8284 |
(2) A term of up to one hundred eighty days in an | 8285 |
alternative residential facility or a term in an alternative | 8286 |
residential facility not to exceed the longest jail term available | 8287 |
for the offense, whichever is shorter. The court may specify the | 8288 |
level of security in the alternative residential facility that is | 8289 |
needed for the offender. | 8290 |
(B) The court that sentences an offender to a community | 8291 |
residential sanction under this section may do either or both of | 8292 |
the following: | 8293 |
(1) Permit the offender to serve the offender's sentence in | 8294 |
intermittent confinement, overnight, on weekends or at any other | 8295 |
time or times that will allow the offender to continue at the | 8296 |
offender's occupation or care for the offender's family; | 8297 |
(2) Authorize the offender to be released so that the | 8298 |
offender may seek or maintain employment, receive education or | 8299 |
training, receive treatment, perform community service, or | 8300 |
otherwise fulfill an obligation imposed by law or by the court. A | 8301 |
release pursuant to this division shall be only for the duration | 8302 |
of time that is needed to fulfill the purpose of the release and | 8303 |
for travel that reasonably is necessary to fulfill the purposes of | 8304 |
the release. | 8305 |
(C) The court may order that a reasonable portion of the | 8306 |
income earned by the offender upon a release pursuant to division | 8307 |
(B) of this section be applied to any financial sanction imposed | 8308 |
under section 2929.28 of the Revised Code. | 8309 |
(D) No court shall sentence any person to a prison term for | 8310 |
a misdemeanor or minor misdemeanor or to a jail term for a minor | 8311 |
misdemeanor. | 8312 |
(E) If a court sentences a person who has been convicted of | 8313 |
or pleaded guilty to a misdemeanor to a community residential | 8314 |
sanction as described in division (A) of this section, at the time | 8315 |
of reception and at other times the person in charge of the | 8316 |
operation of the halfway house, alternative residential facility, | 8317 |
or other place at which the offender will serve the residential | 8318 |
sanction determines to be appropriate, the person in charge of the | 8319 |
operation of the halfway house, alternative residential facility, | 8320 |
or other place may cause the convicted offender to be examined and | 8321 |
tested for tuberculosis, HIV infection, hepatitis, including, but | 8322 |
not limited to, hepatitis A, B, and C, and other contagious | 8323 |
diseases. The person in charge of the operation of the halfway | 8324 |
house, alternative residential facility, or other place at which | 8325 |
the offender will serve the residential sanction may cause a | 8326 |
convicted offender in the halfway house, alternative residential | 8327 |
facility, or other place who refuses to be tested or treated for | 8328 |
tuberculosis, HIV infection, hepatitis, including, but not limited | 8329 |
to, hepatitis A, B, and C, or another contagious disease to be | 8330 |
tested and treated involuntarily. | 8331 |
(F) A political subdivision may enter into a contract with a | 8332 |
halfway house for use of the halfway house to house misdemeanor | 8333 |
offenders under a sanction imposed under division (A)(1) of this | 8334 |
section. | 8335 |
Sec. 2929.27. (A) Except when a mandatory jail term is | 8336 |
required by law, the court imposing a sentence for a misdemeanor, | 8337 |
other than a minor misdemeanor, may impose upon the offender any | 8338 |
nonresidential sanction or combination of nonresidential sanctions | 8339 |
authorized under this division. Nonresidential sanctions include, | 8340 |
but are not limited to, the following: | 8341 |
(1) A term of day reporting; | 8342 |
(2) A term of house arrest with electronic monitoring, a | 8343 |
term of electronic monitoring without house arrest, or a term of | 8344 |
house arrest without electronic monitoring; | 8345 |
(3) A term of community service of up to five hundred hours | 8346 |
for a misdemeanor of the first degree or two hundred hours for a | 8347 |
misdemeanor of the second, third, or fourth degree; | 8348 |
(4) A term in a drug treatment program with a level of | 8349 |
security for the offender as determined necessary by the court; | 8350 |
(5) A term of intensive probation supervision; | 8351 |
(6) A term of basic probation supervision; | 8352 |
(7) A term of monitored time; | 8353 |
(8) A term of drug and alcohol use monitoring, including | 8354 |
random drug testing; | 8355 |
(9) A curfew term; | 8356 |
(10) A requirement that the offender obtain employment; | 8357 |
(11) A requirement that the offender obtain education or | 8358 |
training; | 8359 |
(12) Provided the court obtains the prior approval of the | 8360 |
victim, a requirement that the offender participate in | 8361 |
victim-offender mediation; | 8362 |
(13) If authorized by law, suspension of the offender's | 8363 |
privilege to operate a motor vehicle, immobilization or forfeiture | 8364 |
of the offender's motor vehicle, a requirement that the offender | 8365 |
obtain a valid motor vehicle operator's license, or any other | 8366 |
related sanction; | 8367 |
(14) A requirement that the offender obtain counseling if the | 8368 |
offense is a violation of section 2919.25 or a violation of | 8369 |
section 2903.13 of the Revised Code involving a person who was a | 8370 |
family or household member at the time of the violation, if the | 8371 |
offender committed the offense in the vicinity of one or more | 8372 |
children who are not victims of the offense, and if the offender | 8373 |
or the victim of the offense is a parent, guardian, custodian, or | 8374 |
person in loco parentis of one or more of those children. This | 8375 |
division does not limit the court in requiring that the offender | 8376 |
obtain counseling for any offense or in any circumstance not | 8377 |
specified in this division. | 8378 |
(B) In addition to the sanctions authorized under division | 8379 |
(A) of this section, the court imposing a sentence for a | 8380 |
misdemeanor, other than a minor misdemeanor, upon an offender who | 8381 |
is not required to serve a mandatory jail term may impose any | 8382 |
other sanction that is intended to discourage the offender or | 8383 |
other persons from committing a similar offense if the sanction is | 8384 |
reasonably related to the overriding purposes and principles of | 8385 |
misdemeanor sentencing. | 8386 |
(C) The court imposing a sentence for a minor misdemeanor | 8387 |
may impose a term of community service in lieu of all or part of a | 8388 |
fine. The term of community service imposed for a minor | 8389 |
misdemeanor shall not exceed thirty hours. | 8390 |
Sec. 2929.28. (A) In addition to imposing court costs | 8391 |
pursuant to section 2947.23 of the Revised Code, the court | 8392 |
imposing a sentence upon an offender for a misdemeanor, including | 8393 |
a minor misdemeanor, may sentence the offender to any financial | 8394 |
sanction or combination of financial sanctions authorized under | 8395 |
this section. Financial sanctions that may be imposed pursuant to | 8396 |
this section include, but are not limited to, the following: | 8397 |
(1) Restitution by the offender to the victim of the | 8398 |
offender's crime or any survivor of the victim, in an amount based | 8399 |
on the victim's economic loss. The court shall order that the | 8400 |
restitution be made to the victim in open court or to the adult | 8401 |
probation department that serves the jurisdiction or the clerk of | 8402 |
the court on behalf of the victim. The order may include a | 8403 |
requirement that reimbursement be made to third parties, other | 8404 |
than the offender's insurer, for amounts paid to the victim or any | 8405 |
survivor of the victim for economic loss resulting from the | 8406 |
offense. If reimbursement to third parties is required, the | 8407 |
offender shall make the reimbursement to any governmental agency | 8408 |
to repay any amounts paid by the agency to the victim or survivor | 8409 |
before the offender makes any reimbursement to any other person. | 8410 |
The court shall determine, or order to be determined, the | 8411 |
amount of restitution to be paid by the offender. The court may | 8412 |
base the amount of restitution it orders on an amount recommended | 8413 |
by the victim, the offender, a presentence investigation report, | 8414 |
estimates or receipts indicating the cost of repairing or | 8415 |
replacing property, and other information. The court shall hold a | 8416 |
hearing on restitution if the offender, victim, or survivor | 8417 |
disputes the amount of restitution. | 8418 |
All restitution payments shall be credited against any | 8419 |
recovery of economic loss in a civil action brought by the victim | 8420 |
or any survivor of the victim against the offender. | 8421 |
The court may order that the offender pay a surcharge, of not | 8422 |
more than five per cent of the amount of the restitution otherwise | 8423 |
ordered, to the entity responsible for collecting and processing | 8424 |
restitution payments. | 8425 |
The victim or survivor may request that the prosecuting | 8426 |
attorney file a motion, or the offender may file a motion, for | 8427 |
modification of the payment terms of any restitution ordered. If | 8428 |
the court grants the motion, it may modify the payment terms as it | 8429 |
determines appropriate. | 8430 |
(2) A fine of the type described in divisions (A)(2)(a) and | 8431 |
(b) of this section payable to the appropriate entity as required | 8432 |
by law: | 8433 |
(a) A fine in the following amount: | 8434 |
(i) For a misdemeanor of the first degree, not more than one | 8435 |
thousand dollars; | 8436 |
(ii) For a misdemeanor of the second degree, not more than | 8437 |
seven hundred fifty dollars; | 8438 |
(iii) For a misdemeanor of the third degree, not more than | 8439 |
five hundred dollars; | 8440 |
(iv) For a misdemeanor of the fourth degree, not more than | 8441 |
two hundred fifty dollars; | 8442 |
(v) For a minor misdemeanor, not more than one hundred fifty | 8443 |
dollars. | 8444 |
(b) A state fine or cost as defined in section 2949.111 of | 8445 |
the Revised Code. | 8446 |
(3)(a) Reimbursement by the offender of any or all of the | 8447 |
costs of sanctions incurred by the government, including, but not | 8448 |
limited to, the following: | 8449 |
(i) All or part of the costs of implementing any community | 8450 |
control sanction, including a supervision fee under section | 8451 |
2951.021 of the Revised Code; | 8452 |
(ii) All or part of the costs of confinement in a jail or | 8453 |
other residential facility, including, but not limited to, a per | 8454 |
diem fee for room and board, the costs of medical and dental | 8455 |
treatment, and the costs of repairing property damaged by the | 8456 |
offender while confined. | 8457 |
(b) The amount of reimbursement ordered under division | 8458 |
(A)(3)(a) of this section shall not exceed the total amount of | 8459 |
reimbursement the offender is able to pay and shall not exceed the | 8460 |
actual cost of the sanctions. The court may collect any amount of | 8461 |
reimbursement the offender is required to pay under that division. | 8462 |
If the court does not order reimbursement under that division, | 8463 |
confinement costs may be assessed pursuant to a repayment policy | 8464 |
adopted under section 2929.37 of the Revised Code. In addition, | 8465 |
the offender may be required to pay the fees specified in section | 8466 |
2929.38 of the Revised Code in accordance with that section. | 8467 |
(B) If the court determines a hearing is necessary, the | 8468 |
court may hold a hearing to determine whether the offender is able | 8469 |
to pay the financial sanction imposed pursuant to this section or | 8470 |
court costs or is likely in the future to be able to pay the | 8471 |
sanction or costs. | 8472 |
If the court determines that the offender is indigent and | 8473 |
unable to pay the financial sanction or court costs, the court | 8474 |
shall consider imposing and may impose a term of community service | 8475 |
under division (A) of section 2929.27 of the Revised Code in lieu | 8476 |
of imposing a financial sanction or court costs. If the court | 8477 |
does not determine that the offender is indigent, the court may | 8478 |
impose a term of community service under division (A) of section | 8479 |
2929.27 of the Revised Code in lieu of or in addition to imposing | 8480 |
a financial sanction under this section and in addition to | 8481 |
imposing court costs. The court may order community service for a | 8482 |
minor misdemeanor pursuant to division (C) of section 2929.27 of | 8483 |
the Revised Code in lieu of or in addition to imposing a financial | 8484 |
sanction under this section and in addition to imposing court | 8485 |
costs. If a person fails to pay a financial sanction or court | 8486 |
costs, the court may order community service in lieu of the | 8487 |
financial sanction or court costs. | 8488 |
(C)(1) The offender shall pay reimbursements imposed upon | 8489 |
the offender pursuant to division (A)(3) of this section to pay | 8490 |
the costs incurred by a county pursuant to any sanction imposed | 8491 |
under this section or section 2929.26 or 2929.27 of the Revised | 8492 |
Code or in operating a facility used to confine offenders pursuant | 8493 |
to a sanction imposed under section 2929.26 of the Revised Code to | 8494 |
the county treasurer. The county treasurer shall deposit the | 8495 |
reimbursements in the county's general fund in accordance with | 8496 |
division (H) of this section. The county shall use the amounts | 8497 |
deposited in the fund to pay the costs incurred by the county | 8498 |
pursuant to any sanction imposed under this section or section | 8499 |
2929.26 or 2929.27 of the Revised Code or in operating a facility | 8500 |
used to confine offenders pursuant to a sanction imposed under | 8501 |
section 2929.26 of the Revised Code. | 8502 |
(2) The offender shall pay reimbursements imposed upon the | 8503 |
offender pursuant to division (A)(3) of this section to pay the | 8504 |
costs incurred by a municipal corporation pursuant to any sanction | 8505 |
imposed under this section or section 2929.26 or 2929.27 of the | 8506 |
Revised Code or in operating a facility used to confine offenders | 8507 |
pursuant to a sanction imposed under section 2929.26 of the | 8508 |
Revised Code to the treasurer of the municipal corporation. The | 8509 |
treasurer shall deposit the reimbursements in the municipal | 8510 |
corporation's general fund in accordance with division (H) of | 8511 |
this section. The municipal corporation shall use the amounts | 8512 |
deposited in the fund to pay the costs incurred by the municipal | 8513 |
corporation pursuant to any sanction imposed under this section or | 8514 |
section 2929.26 or 2929.27 of the Revised Code or in operating a | 8515 |
facility used to confine offenders pursuant to a sanction imposed | 8516 |
under section 2929.26 of the Revised Code. | 8517 |
(3) The offender shall pay reimbursements imposed pursuant | 8518 |
to division (A)(3) of this section for the costs incurred by a | 8519 |
private provider pursuant to a sanction imposed under this section | 8520 |
or section 2929.26 or 2929.27 of the Revised Code to the provider. | 8521 |
(D) Except as otherwise provided in this division, a | 8522 |
financial sanction imposed under division (A) of this section is a | 8523 |
judgment in favor of the state or the political subdivision that | 8524 |
operates the court that imposed the financial sanction. A | 8525 |
financial sanction of reimbursement imposed pursuant to division | 8526 |
(A)(3)(a)(i) of this section upon an offender is a judgment in | 8527 |
favor of the entity administering the community control sanction. | 8528 |
A financial sanction of reimbursement imposed pursuant to division | 8529 |
(A)(3)(a)(ii) of this section upon an offender confined in a jail | 8530 |
or other residential facility is a judgment in favor of the entity | 8531 |
operating the jail or other residential facility. A financial | 8532 |
sanction of restitution imposed pursuant to division (A)(1) of | 8533 |
this section is a judgment in favor of the victim of the | 8534 |
offender's criminal act. The offender subject to the financial | 8535 |
sanction is the judgment debtor. | 8536 |
Once the financial sanction is imposed as a judgment, the | 8537 |
victim, private provider, state, or political subdivision may | 8538 |
bring an action to do any of the following: | 8539 |
(1) Obtain execution of the judgment through any available | 8540 |
procedure, including any of the procedures identified in divisions | 8541 |
(D)(1)(a) to (e) of section 2929.18 of the Revised Code. | 8542 |
(2) Obtain an order for the assignment of wages of the | 8543 |
judgment debtor under section 1321.33 of the Revised Code. | 8544 |
(E) The civil remedies authorized under division (D) of this | 8545 |
section for the collection of the financial sanction supplement, | 8546 |
but do not preclude, enforcement of the criminal sentence. | 8547 |
(F) Each court imposing a financial sanction upon an | 8548 |
offender under this section may designate the clerk of the court | 8549 |
or another person to collect the financial sanction. The clerk, | 8550 |
or another person authorized by law or the court to collect the | 8551 |
financial sanction may do the following: | 8552 |
(1) Enter into contracts with one or more public agencies or | 8553 |
private vendors for the collection of amounts due under the | 8554 |
sanction. Before entering into a contract for the collection of | 8555 |
amounts due from an offender pursuant to any financial sanction | 8556 |
imposed pursuant to this section, a court shall comply with | 8557 |
sections 307.86 to 307.92 of the Revised Code. | 8558 |
(2) Permit payment of all or any portion of the sanction in | 8559 |
installments, by financial transaction device if the court is a | 8560 |
county court or a municipal court operated by a county, by credit | 8561 |
or debit card or by another electronic transfer if the court is a | 8562 |
municipal court not operated by a county, or by any other | 8563 |
reasonable method, in any time, and on any terms that court | 8564 |
considers just, except that the maximum time permitted for payment | 8565 |
shall not exceed five years. If the court is a county court or a | 8566 |
municipal court operated by a county, the acceptance of payments | 8567 |
by any financial transaction device shall be governed by the | 8568 |
policy adopted by the board of county commissioners of the county | 8569 |
pursuant to section 301.28 of the Revised Code. If the court is a | 8570 |
municipal court not operated by a county, the clerk may pay any | 8571 |
fee associated with processing an electronic transfer out of | 8572 |
public money or may charge the fee to the offender. | 8573 |
(3) To defray administrative costs, charge a reasonable fee | 8574 |
to an offender who elects a payment plan rather than a lump sum | 8575 |
payment of any financial sanction. | 8576 |
(G) No financial sanction imposed under this section shall | 8577 |
preclude a victim from bringing a civil action against the | 8578 |
offender. | 8579 |
(H) Reimbursement imposed under division (A)(3) of this | 8580 |
section to pay the costs incurred by a county or municipal | 8581 |
corporation shall be paid to the general fund of the county or | 8582 |
municipal corporation that incurred the expenses in question, as | 8583 |
described in division (C) of this section. | 8584 |
Sec. 2929.31. (A) Regardless of the penalties provided in | 8585 |
sections 2929.02, 2929.14 to 2929.18, and
| 8586 |
2929.28 of the Revised Code, an organization convicted of an | 8587 |
offense pursuant to section 2901.23 of the Revised Code shall be | 8588 |
fined in accordance with this section. The court shall fix the | 8589 |
fine as follows: | 8590 |
(1) For aggravated murder, not more than one hundred | 8591 |
thousand dollars; | 8592 |
(2) For murder, not more than fifty thousand dollars; | 8593 |
(3) For a felony of the first degree, not more than | 8594 |
twenty-five thousand dollars; | 8595 |
(4) For a felony of the second degree, not more than twenty | 8596 |
thousand dollars; | 8597 |
(5) For a felony of the third degree, not more than fifteen | 8598 |
thousand dollars; | 8599 |
(6) For a felony of the fourth degree, not more than ten | 8600 |
thousand dollars; | 8601 |
(7) For a felony of the fifth degree, not more than | 8602 |
seventy-five hundred dollars; | 8603 |
(8) For a misdemeanor of the first degree, not more than | 8604 |
five thousand dollars; | 8605 |
(9) For a misdemeanor of the second degree, not more than | 8606 |
four thousand dollars; | 8607 |
(10) For a misdemeanor of the third degree, not more than | 8608 |
three thousand dollars; | 8609 |
(11) For a misdemeanor of the fourth degree, not more than | 8610 |
two thousand dollars; | 8611 |
(12) For a minor misdemeanor, not more than one thousand | 8612 |
dollars; | 8613 |
(13) For a felony not specifically classified, not more than | 8614 |
ten thousand dollars; | 8615 |
(14) For a misdemeanor not specifically classified, not more | 8616 |
than two thousand dollars; | 8617 |
(15) For a minor misdemeanor not specifically classified, | 8618 |
not more than one thousand dollars. | 8619 |
(B) When an organization is convicted of an offense that is | 8620 |
not specifically classified, and the section defining the offense | 8621 |
or penalty plainly indicates a purpose to impose the penalty | 8622 |
provided for violation upon organizations, then the penalty so | 8623 |
provided shall be imposed in lieu of the penalty provided in this | 8624 |
section. | 8625 |
(C) When an organization is convicted of an offense that is | 8626 |
not specifically classified, and the penalty provided includes a | 8627 |
higher fine than the fine that is provided in this section, then | 8628 |
the penalty imposed shall be pursuant to the penalty provided for | 8629 |
the violation of the section defining the offense. | 8630 |
(D) This section does not prevent the imposition of | 8631 |
available civil sanctions against an organization convicted of an | 8632 |
offense pursuant to section 2901.23 of the Revised Code, either in | 8633 |
addition to or in lieu of a fine imposed pursuant to this section. | 8634 |
| 8635 |
this section, notwithstanding the fines prescribed in section | 8636 |
2929.02 of the Revised Code for a person who is convicted of or | 8637 |
pleads guilty to aggravated murder or murder, the fines prescribed | 8638 |
in section 2929.18 of the Revised Code for a person who is | 8639 |
convicted of or pleads guilty to a felony, the fines prescribed in | 8640 |
section
| 8641 |
convicted of or pleads guilty to a misdemeanor, the fines | 8642 |
prescribed in section 2929.31 of the Revised Code for an | 8643 |
organization that is convicted of or pleads guilty to an offense, | 8644 |
and the fines prescribed in any other section of the Revised Code | 8645 |
for a person who is convicted of or pleads guilty to an offense, a | 8646 |
sentencing court may impose upon the offender a fine of not more | 8647 |
than one million dollars if any of the following applies to the | 8648 |
offense and the offender: | 8649 |
(a) There are three or more victims, as defined in section | 8650 |
2969.11 of the Revised Code, of the offense for which the offender | 8651 |
is being sentenced. | 8652 |
(b) The offender previously has been convicted of or pleaded | 8653 |
guilty to one or more offenses, and, for the offense for which the | 8654 |
offender is being sentenced and all of the other offenses, there | 8655 |
is a total of three or more victims, as defined in section 2969.11 | 8656 |
of the Revised Code. | 8657 |
(c) The offense for which the offender is being sentenced is | 8658 |
aggravated murder, murder, or a felony of the first degree that, | 8659 |
if it had been committed prior to July 1, 1996, would have been an | 8660 |
aggravated felony of the first degree. | 8661 |
(2) If the offense in question is a first, second, or third | 8662 |
degree felony violation of any provision of Chapter 2925., 3719., | 8663 |
or 4729. of the Revised Code, the court shall impose upon the | 8664 |
offender the mandatory fine described in division (B) of section | 8665 |
2929.18 of the Revised Code, and, in addition, may impose a fine | 8666 |
under division (A)(1) of this section, provided that the total of | 8667 |
the mandatory fine and the fine imposed under division (A)(1) of | 8668 |
this section shall not exceed one million dollars. The mandatory | 8669 |
fine shall be paid as described in division (D) of section 2929.18 | 8670 |
of the Revised Code, and the fine imposed under division (A)(1) of | 8671 |
this section shall be deposited pursuant to division (B) of this | 8672 |
section. | 8673 |
(B) If a sentencing court imposes a fine upon an offender | 8674 |
pursuant to division (A)(1) of this section, all moneys paid in | 8675 |
satisfaction of the fine or collected pursuant to division (C)(1) | 8676 |
of this section in satisfaction of the fine shall be deposited | 8677 |
into the crime victims recovery fund created by division (D) of | 8678 |
this section and shall be distributed as described in that | 8679 |
division. | 8680 |
(C)(1) Subject to division (C)(2) of this section, | 8681 |
notwithstanding any contrary provision of any section of the | 8682 |
Revised Code, if a sentencing court imposes a fine upon an | 8683 |
offender pursuant to division (A)(1) of this section or pursuant | 8684 |
to another section of the Revised Code, the fine shall be a | 8685 |
judgment against the offender in favor of the state, and both of | 8686 |
the following apply to that judgment: | 8687 |
(a) The state may collect the judgment by garnishing, | 8688 |
attaching, or otherwise executing against any income, profits, or | 8689 |
other real or personal property in which the offender has any | 8690 |
right, title, or interest, including property acquired after the | 8691 |
imposition of the fine, in the same manner as if the judgment had | 8692 |
been rendered against the offender and in favor of the state in a | 8693 |
civil action. If the fine is imposed pursuant to division (A)(1) | 8694 |
of this section, the moneys collected as a result of the | 8695 |
garnishment, attachment, or other execution shall be deposited and | 8696 |
distributed as described in divisions (B) and (D) of this section. | 8697 |
If the fine is not imposed pursuant to division (A)(1) of this | 8698 |
section, the moneys collected as a result of the garnishment, | 8699 |
attachment, or other execution shall be distributed as otherwise | 8700 |
provided by law for the distribution of money paid in satisfaction | 8701 |
of a fine. | 8702 |
(b) The provisions of Chapter 2329. of the Revised Code | 8703 |
relative to the establishment of court judgments and decrees as | 8704 |
liens and to the enforcement of those liens apply to the judgment. | 8705 |
(2) Division (C)(1) of this section does not apply to any | 8706 |
financial sanction imposed pursuant to section 2929.18 of the | 8707 |
Revised Code upon a person who is convicted of or pleads guilty to | 8708 |
a felony. | 8709 |
(D) There is hereby created in the state treasury the crime | 8710 |
victims recovery fund. If a sentencing court imposes a fine upon | 8711 |
an offender pursuant to division (A)(1) of this section, all | 8712 |
moneys paid in satisfaction of the fine and all moneys collected | 8713 |
in satisfaction of the fine pursuant to division (C)(1) of this | 8714 |
section shall be deposited into the fund. The fund shall be | 8715 |
administered and the moneys in it shall be distributed in | 8716 |
accordance with sections 2969.11 to 2969.14 of the Revised Code. | 8717 |
| 8718 |
pleads guilty to aggravated murder, murder, or an offense | 8719 |
punishable by life imprisonment and who is sentenced to a term of | 8720 |
life imprisonment or a prison term pursuant to that conviction | 8721 |
shall serve that
term
| 8722 |
control of the department of rehabilitation and correction. | 8723 |
(B)(1) A person who is convicted of or pleads guilty to a | 8724 |
felony other than aggravated murder, murder, or an offense | 8725 |
punishable by life imprisonment and who is sentenced to a term of | 8726 |
imprisonment or a prison term pursuant to that conviction shall | 8727 |
serve that term
| 8728 |
(a) Subject to divisions (B)(1)(b) and (B)(2) of this | 8729 |
section, in an institution under the control of the department of | 8730 |
rehabilitation and correction if the
term
| 8731 |
prison term or
| 8732 |
sentencing court pursuant to section 2929.16 of the Revised Code | 8733 |
if the term is not a prison term; | 8734 |
(b) In a facility of a type described in division (G)(1) of | 8735 |
section 2929.13 of the Revised Code, if the offender is sentenced | 8736 |
pursuant to that division. | 8737 |
(2) If the term
| 8738 |
may be imprisoned in a jail that is not a minimum security | 8739 |
8740 | |
the Revised Code between the department of rehabilitation and | 8741 |
correction and the local authority that operates the jail. | 8742 |
(C) A person who is convicted of or pleads guilty to one or | 8743 |
more misdemeanors and who is sentenced to a jail term or term of | 8744 |
imprisonment pursuant to the conviction or convictions shall serve | 8745 |
that
term
| 8746 |
municipal-county, or multicounty-municipal jail or workhouse or, | 8747 |
if the misdemeanor or misdemeanors are not offenses of violence, | 8748 |
in a minimum
security
| 8749 |
(D) Nothing in this section prohibits the commitment, | 8750 |
referral, or sentencing of a person who is convicted of or pleads | 8751 |
guilty to a felony to a community-based correctional facility and | 8752 |
program or district community-based correctional facility and | 8753 |
program in accordance with sections 2301.51 to 2301.56 of the | 8754 |
Revised Code. | 8755 |
| 8756 |
2929.38 of the Revised Code: | 8757 |
(A) "Chief legal officer" includes a prosecuting attorney, | 8758 |
village solicitor, city director of law, and attorney for a | 8759 |
district of a joint city and county workhouse or county workhouse. | 8760 |
(B) "Clerk of the appropriate court" or "appropriate court | 8761 |
clerk" means whichever of the following applies: | 8762 |
(1) If the local detention facility in question is a | 8763 |
multicounty correctional center, multicounty-municipal | 8764 |
correctional center, district community-based correctional | 8765 |
facility, or district workhouse, the clerk of the court of common | 8766 |
pleas of the most populous county served by the local detention | 8767 |
facility; | 8768 |
(2) If the local detention facility in question is a city | 8769 |
workhouse, the clerk of the municipal court for that city; | 8770 |
(3) If neither (B)(1) nor (B)(2) of this section applies, | 8771 |
the clerk of the court of common pleas of the county in which the | 8772 |
local detention facility in question is located. | 8773 |
(C) "Homestead" has the same meaning as in division (A) of | 8774 |
section 323.151 of the Revised Code. | 8775 |
(D) "Inmate account" has the same meaning as in section | 8776 |
2969.21 of the Revised Code. | 8777 |
(E) "Local detention facility" means a multicounty | 8778 |
correctional center, municipal-county correctional center, | 8779 |
multicounty-municipal correctional center, community-based | 8780 |
correctional facility, district community-based correctional | 8781 |
facility, jail, county jail, municipal or county prison, station | 8782 |
house, workhouse, city workhouse, county workhouse, joint city and | 8783 |
county workhouse, and district workhouse. | 8784 |
Sec. 2929.37. (A) A board of county commissioners, in an | 8785 |
agreement with the sheriff, a legislative authority of a municipal | 8786 |
corporation, a corrections commission, a judicial corrections | 8787 |
board, or any other public or private entity that operates a local | 8788 |
detention facility at which a prisoner who is convicted of an | 8789 |
offense and who is confined in the facility under a sanction or | 8790 |
term of imprisonment imposed under section 2929.16
| 8791 |
2929.21 to 2929.28, or any other provision of the Revised Code may | 8792 |
adopt, pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23, | 8793 |
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code, a | 8794 |
policy that requires the prisoner to pay all or part of the costs | 8795 |
of confinement in that facility. If a board of county | 8796 |
commissioners, legislative authority, corrections commission, | 8797 |
judicial corrections board, or other entity adopts a policy for a | 8798 |
facility pursuant to one of those sections, the person in charge | 8799 |
of that facility shall appoint a reimbursement coordinator to | 8800 |
administer the facility's policy. | 8801 |
The costs of confinement may include, but are not limited to, | 8802 |
the costs of repairing property damaged by the prisoner while | 8803 |
confined, a per diem fee for room and board, medical and dental | 8804 |
treatment costs, the fee for a random drug test assessed under | 8805 |
division (E) of section 341.26 and division (E) of section 753.33 | 8806 |
of the Revised Code, and a one-time reception fee for the costs of | 8807 |
processing the prisoner into the facility at the time of the | 8808 |
prisoner's initial entry into the facility under the confinement | 8809 |
in question, minus any fees deducted under section 2929.38 of the | 8810 |
Revised Code. Any policy adopted under this section shall be used | 8811 |
when a court does not order reimbursement of confinement costs | 8812 |
under
section
2929.18
or
| 8813 |
amount assessed under this section shall not exceed the total | 8814 |
amount that the prisoner is able to pay. | 8815 |
(B)(1) Each prisoner covered by a repayment policy adopted | 8816 |
as described in division (A) of this section shall receive at the | 8817 |
end of the prisoner's confinement an itemized bill of the expenses | 8818 |
to be reimbursed. The policy shall allow periodic payments on a | 8819 |
schedule to be implemented upon a prisoner's release. The bill | 8820 |
also shall state that payment shall be made to the person | 8821 |
identified in the bill as the reimbursement coordinator and | 8822 |
include a notice that specifies that the prisoner has thirty days | 8823 |
in which to dispute the bill by filing a written objection with | 8824 |
the reimbursement coordinator and that if the prisoner does not | 8825 |
dispute the bill in that manner within that period, the prisoner | 8826 |
is required to pay the bill and a certificate of judgment may be | 8827 |
obtained against the prisoner for the amount of the unpaid | 8828 |
expenses. The prisoner shall sign a copy of the bill, and the | 8829 |
reimbursement coordinator shall retain that copy. If the | 8830 |
prisoner disputes an item on the bill within thirty days after | 8831 |
receiving the bill, the reimbursement coordinator may either | 8832 |
concede the disputed item or proceed to a hearing under division | 8833 |
(B)(2) of this section. | 8834 |
(2) If the prisoner disputes an item on an itemized bill | 8835 |
presented to the prisoner under division (B)(1) of this section | 8836 |
and the reimbursement coordinator does not concede the item, the | 8837 |
reimbursement coordinator shall submit the bill to the court, and | 8838 |
the court shall hold a hearing on the disputed items in the bill. | 8839 |
At the end of the hearing, the court shall determine how much of | 8840 |
the disputed expenses the prisoner shall reimburse the legislative | 8841 |
authority or managing authority and shall issue a judgment in | 8842 |
favor of the legislative authority or managing authority for any | 8843 |
undisputed expenses and the amount of the disputed expenses for | 8844 |
which the prisoner must reimburse the legislative authority or | 8845 |
managing authority. The reimbursement coordinator shall not seek | 8846 |
to enforce the judgment until at least ninety days after the court | 8847 |
issues the judgment. | 8848 |
(C) If a prisoner does not dispute the itemized bill | 8849 |
presented to the prisoner under division (B) of this section and | 8850 |
does not pay the bill within ninety days, the reimbursement | 8851 |
coordinator shall send by mail a notice to the prisoner | 8852 |
requesting payment of the expenses as stated in the bill. If the | 8853 |
prisoner does not respond to the notice by paying the expenses in | 8854 |
full within thirty days of the date the notice was mailed, the | 8855 |
reimbursement coordinator shall send by mail a second notice to | 8856 |
the prisoner requesting payment of the expenses. If one hundred | 8857 |
eighty days elapse from the date that the reimbursement | 8858 |
coordinator provides the bill and if the prisoner has not paid the | 8859 |
full amount of the expenses pursuant to the bill and the notices, | 8860 |
the reimbursement coordinator may notify the clerk of the | 8861 |
appropriate court of those facts, and the clerk may issue a | 8862 |
certificate of judgment against the prisoner for the balance of | 8863 |
the expenses remaining unpaid. | 8864 |
(D) The reimbursement coordinator may collect any amounts | 8865 |
remaining unpaid on an itemized bill and any costs associated | 8866 |
with the enforcement of the judgment and may enter into a | 8867 |
contract with one or more public agencies or private vendors to | 8868 |
collect any amounts remaining unpaid. For enforcing a judgment | 8869 |
issued under this section, the reimbursement coordinator may | 8870 |
assess an additional poundage fee of two per cent of the amount | 8871 |
remaining unpaid and may collect costs associated with the | 8872 |
enforcement of the judgment. | 8873 |
(E) Neither the reimbursement coordinator nor the | 8874 |
legislative authority or the managing authority shall enforce any | 8875 |
judgment obtained under this section by means of execution against | 8876 |
the prisoner's homestead. Any reimbursement received under this | 8877 |
section shall be credited to the general fund of the treasury of | 8878 |
the political subdivision that incurred the expense, to be used | 8879 |
for general fund purposes. | 8880 |
Sec. 2929.38. (A) A board of commissioners of a county, in | 8881 |
an agreement with the sheriff, a legislative authority of a | 8882 |
municipal corporation, a corrections commission, a judicial | 8883 |
corrections board, or any other public or private entity that | 8884 |
operates a local detention facility described in division (A) of | 8885 |
section 2929.37 of the Revised Code, may establish a policy that | 8886 |
requires any prisoner who is confined in the facility as a result | 8887 |
of pleading guilty to or having been convicted of an offense to | 8888 |
pay a one-time reception fee for the costs of processing the | 8889 |
prisoner into the facility at the time of the prisoner's initial | 8890 |
entry into the facility under the confinement in question, to pay | 8891 |
a reasonable fee for any medical or dental treatment or service | 8892 |
requested by and provided to that prisoner, and to pay the fee for | 8893 |
a random drug test assessed under division (E) of section 341.26, | 8894 |
and division (E) of section 753.33 of the Revised Code. The fee | 8895 |
for the medical treatment or service shall not exceed the actual | 8896 |
cost of the treatment or service provided. No prisoner confined | 8897 |
in the local detention facility shall be denied any necessary | 8898 |
medical care because of inability to pay the fees. | 8899 |
(B) Upon assessment of a one-time reception fee as described | 8900 |
in division (A) of this section, the provision of the requested | 8901 |
medical treatment or service, or the assessment of a fee for a | 8902 |
random drug test, payment of the required fee may be automatically | 8903 |
deducted from the prisoner's inmate account in the business office | 8904 |
of the local detention facility in which the prisoner is confined. | 8905 |
If there is no money in the account, a deduction may be made at a | 8906 |
later date during the prisoner's confinement if the money becomes | 8907 |
available in the account. If, after release, the prisoner has an | 8908 |
unpaid balance of those fees, the sheriff, legislative authority | 8909 |
of the municipal corporation, corrections commission, judicial | 8910 |
corrections board, or other entity that operates the local | 8911 |
detention facility described in division (A) of section 2929.37 | 8912 |
of the Revised Code may bill the prisoner for the payment of the | 8913 |
unpaid fees. Fees received for medical or dental treatment or | 8914 |
services shall be paid to the commissary fund, if one exists for | 8915 |
the facility, or if no commissary fund exists, to the general fund | 8916 |
of the treasury of the political subdivision that incurred the | 8917 |
expenses, in the same proportion as those expenses were borne by | 8918 |
the political subdivision. | 8919 |
(C) Any fee paid by a person under this section shall be | 8920 |
deducted from any medical or dental costs that the person is | 8921 |
ordered to reimburse under a financial sanction imposed pursuant | 8922 |
to section
| 8923 |
policy adopted under section 2929.37 of the Revised Code. | 8924 |
(D) As used in this section, "inmate account" has the same | 8925 |
meaning as in section 2969.21 of the Revised Code. | 8926 |
Sec. 2929.41. (A) Except as provided in division (B) of | 8927 |
this section, division (E) of section 2929.14, or division (D) or | 8928 |
(E) of section 2971.03 of the Revised Code, a prison term, jail | 8929 |
term, or sentence of imprisonment shall be served concurrently | 8930 |
with any other prison term, jail term, or sentence of imprisonment | 8931 |
imposed by a court of this state, another state, or the United | 8932 |
States. Except as provided in division (B)(3) of this section, a | 8933 |
jail term or sentence of imprisonment for misdemeanor shall be | 8934 |
served concurrently with a prison term or sentence of imprisonment | 8935 |
for felony served in a state or federal correctional institution. | 8936 |
(B)(1) A jail term or sentence of imprisonment for a | 8937 |
misdemeanor shall be served consecutively to any other prison | 8938 |
term, jail term, or sentence of imprisonment when the trial court | 8939 |
specifies that it is to be served consecutively or when it is | 8940 |
imposed for a misdemeanor violation of section 2907.322, 2921.34, | 8941 |
or 2923.131 of the Revised Code. | 8942 |
When consecutive sentences
| 8943 |
misdemeanor under this division, the term to be served is the | 8944 |
aggregate of the consecutive terms imposed, except that the | 8945 |
aggregate term to be served shall not exceed eighteen months. | 8946 |
(2) If a court of this state imposes a prison term upon the | 8947 |
offender for the commission of a felony and a court of another | 8948 |
state or the United States also has imposed a prison term upon the | 8949 |
offender for the commission of a felony, the court of this state | 8950 |
may order that the offender serve the prison term it imposes | 8951 |
consecutively to any prison term imposed upon the offender by the | 8952 |
court of another state or the United States. | 8953 |
(3) A jail term or sentence of imprisonment imposed for a | 8954 |
misdemeanor violation of section 4510.11, 4510.14, 4510.16, | 8955 |
4510.21, or 4511.19 of the Revised Code shall be served | 8956 |
consecutively to a prison term that is imposed for a felony | 8957 |
violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the | 8958 |
Revised Code or a felony violation of section 2903.04 of the | 8959 |
Revised Code involving the operation of a motor vehicle by the | 8960 |
offender and that is served in a state correctional institution | 8961 |
when the trial court specifies that it is to be served | 8962 |
consecutively. | 8963 |
When consecutive jail terms or sentences of imprisonment and | 8964 |
prison terms are imposed for one or more misdemeanors and one or | 8965 |
more felonies under this division, the term to be served is the | 8966 |
aggregate of the consecutive terms imposed, and the offender shall | 8967 |
serve all terms imposed for a felony before serving any term | 8968 |
imposed for a misdemeanor. | 8969 |
| 8970 |
against any person licensed, certified, registered, or otherwise | 8971 |
authorized to practice under Chapter 3719., 4715., 4723., 4729., | 8972 |
4730., 4731., 4734., or 4741. of the Revised Code shall notify the | 8973 |
appropriate licensing board, on forms provided by the board, of | 8974 |
any of the following regarding the person: | 8975 |
(1) A plea of guilty to, or a conviction of, a felony, or a | 8976 |
court order dismissing a felony charge on technical or procedural | 8977 |
grounds; | 8978 |
(2) A plea of guilty to, or a conviction of, a misdemeanor | 8979 |
committed in the course of practice or in the course of business, | 8980 |
or a court order dismissing such a misdemeanor charge on technical | 8981 |
or procedural grounds; | 8982 |
(3) A plea of guilty to, or a conviction of, a misdemeanor | 8983 |
involving moral turpitude, or a court order dismissing such a | 8984 |
charge on technical or procedural grounds. | 8985 |
(B) The report required by division (A) of this section | 8986 |
shall include the name and address of the person, the nature of | 8987 |
the offense, and certified copies of court entries in the action. | 8988 |
| 8989 |
(1) "Peace officer" has the same meaning as in section 109.71 | 8990 |
of the Revised Code. | 8991 |
(2) "Felony" has the same meaning as in section 109.511 of | 8992 |
the Revised Code. | 8993 |
(B)(1) Prior to accepting a plea of guilty to an indictment, | 8994 |
information, or complaint charging a felony, the court shall | 8995 |
determine whether the defendant is a peace officer. If the court | 8996 |
determines that the defendant is a peace officer, it shall address | 8997 |
the defendant personally and provide the following advisement to | 8998 |
the defendant that shall be entered in the record of the court. | 8999 |
"You are hereby advised that conviction of the felony offense | 9000 |
to which you are pleading guilty will result in the termination of | 9001 |
your employment as a peace officer and in your decertification as | 9002 |
a peace officer pursuant to the laws of Ohio." | 9003 |
Upon the request of the defendant, the court shall allow the | 9004 |
defendant additional time to consider the appropriateness of the | 9005 |
plea of guilty in light of the advisement described in division | 9006 |
(B)(1) of this section. | 9007 |
The court shall not accept a plea of guilty of a defendant | 9008 |
who is a peace officer unless, in addition to any other procedures | 9009 |
required under the Rules of Criminal Procedure, the court | 9010 |
determines that the defendant voluntarily and intelligently enters | 9011 |
that plea after being given the advisement described in division | 9012 |
(B)(1) of this section. | 9013 |
(2) After accepting under division (B)(1) of this section a | 9014 |
plea of guilty to an indictment, information, or complaint | 9015 |
charging a felony, the court shall provide to the clerk of the | 9016 |
court of common pleas a written notice of the plea of guilty of | 9017 |
the defendant peace officer, the name and address of the peace | 9018 |
officer, the law enforcement agency or other governmental entity | 9019 |
that employs the peace officer and its address, the date of the | 9020 |
plea, the nature of the felony offense, and certified copies of | 9021 |
court entries in the action. Upon receiving the written notice | 9022 |
required by division (B)(2) of this section, the clerk of the | 9023 |
court of common pleas shall transmit to the employer of the peace | 9024 |
officer and to the Ohio peace officer training council a report | 9025 |
that includes the information contained in the written notice and | 9026 |
the certified copies of the court entries in the action. | 9027 |
(C)(1) Upon the conviction of a defendant, after trial, of a | 9028 |
felony, the trial judge shall determine whether the defendant is a | 9029 |
peace officer. If the judge determines that the defendant is a | 9030 |
peace officer or if the defendant states on the record that the | 9031 |
defendant is a peace officer, the judge shall provide to the clerk | 9032 |
of the court of common pleas a written notice of the conviction of | 9033 |
the defendant peace officer, the name and address of the peace | 9034 |
officer, the law enforcement agency or other governmental entity | 9035 |
that employs the peace officer and its address, the date of the | 9036 |
conviction, the nature of the felony offense, and certified copies | 9037 |
of court entries in the action. Upon receiving the written notice | 9038 |
required by division (C)(1) of this section, the clerk of the | 9039 |
court of common pleas shall transmit to the employer of the peace | 9040 |
officer and to the Ohio peace officer training council a report | 9041 |
that includes the information contained in the written notice and | 9042 |
the certified copies of the court entries in the action. | 9043 |
(2) Upon the conclusion of the final appeal of a defendant | 9044 |
who is a peace officer and who has been convicted of a felony, | 9045 |
upon expiration of the time period within which that peace officer | 9046 |
may appeal the conviction if no appeal is taken, or otherwise upon | 9047 |
the final disposition of the criminal action against that peace | 9048 |
officer, the trial judge shall provide to the clerk of the court | 9049 |
of common pleas a written notice of the final disposition of the | 9050 |
action that shall include, as appropriate, notice of the final | 9051 |
conviction of the peace officer of the felony, the acquittal of | 9052 |
the peace officer of the felony, the conviction of the peace | 9053 |
officer of a misdemeanor, or the dismissal of the felony charge | 9054 |
against the peace officer. The judge also shall provide to the | 9055 |
clerk of the court of common pleas certified copies of the court | 9056 |
entries in the action. Upon receiving the written notice required | 9057 |
by division (C)(2) of this section, the clerk of the court of | 9058 |
common pleas shall transmit to the employer of the peace officer | 9059 |
and to the Ohio peace officer training council a report that | 9060 |
includes the information contained in the written notice and the | 9061 |
certified copies of the court entries in the action. | 9062 |
(D) If pursuant to a negotiated plea agreement between a | 9063 |
prosecuting attorney and a defendant who is a peace officer and | 9064 |
who is charged with a felony, in which the defendant agrees to | 9065 |
enter a plea of guilty to a misdemeanor and to surrender the | 9066 |
certificate awarded to the defendant under section 109.77 of the | 9067 |
Revised Code, the trial judge issues an order to the defendant to | 9068 |
surrender that certificate, the trial judge shall provide to the | 9069 |
clerk of the court a written notice of the order, the name and | 9070 |
address of the peace officer, the law enforcement agency or other | 9071 |
governmental entity that employs the peace officer and its | 9072 |
address, the date of the plea, the nature of the misdemeanor to | 9073 |
which the peace officer pleaded guilty, and certified copies of | 9074 |
court entries in the action. Upon receiving the written notice | 9075 |
required by this division, the clerk of the court shall transmit | 9076 |
to the employer of the peace officer and to the executive director | 9077 |
of the Ohio peace officer training council a report that includes | 9078 |
the information contained in the written notice and the certified | 9079 |
copies of the court entries in the action. | 9080 |
| 9081 |
(1) "Agency" means any law enforcement agency, other public | 9082 |
agency, or public official involved in the investigation or | 9083 |
prosecution of the offender or in the investigation of the fire or | 9084 |
explosion in an aggravated arson, arson, or criminal damaging or | 9085 |
endangering case. An "agency" includes, but is not limited to, a | 9086 |
sheriff's office, a municipal corporation, township, or township | 9087 |
police district police department, the office of a prosecuting | 9088 |
attorney, city director of law, village solicitor, or similar | 9089 |
chief legal officer of a municipal corporation, the fire marshal's | 9090 |
office, a municipal corporation, township, or township fire | 9091 |
district fire department, the office of a fire prevention officer, | 9092 |
and any state, county, or municipal corporation crime laboratory. | 9093 |
(2) "Assets" includes all forms of real or personal property. | 9094 |
(3) "Itemized statement" means the statement of costs | 9095 |
described in division (B) of this section. | 9096 |
(4) "Offender" means the person who has been convicted of or | 9097 |
pleaded guilty to committing, attempting to commit, or complicity | 9098 |
in committing a violation of section 2909.02 or 2909.03 of the | 9099 |
Revised Code, or, when the means used are fire or explosion, | 9100 |
division (A)(2) of section 2909.06 of the Revised Code. | 9101 |
(5) "Costs" means the reasonable value of the time spent by | 9102 |
an officer or employee of an agency on the aggravated arson, | 9103 |
arson, or criminal damaging or endangering case, any moneys spent | 9104 |
by the agency on that case, and the reasonable fair market value | 9105 |
of resources used or expended by the agency on that case. | 9106 |
(B) Prior to the sentencing of an offender, the court shall | 9107 |
enter an order that directs agencies that wish to be reimbursed by | 9108 |
the offender for the costs they incurred in the investigation or | 9109 |
prosecution of the offender or in the investigation of the fire or | 9110 |
explosion involved in the case, to file with the court within a | 9111 |
specified time an itemized statement of those costs. The order | 9112 |
also shall require that a copy of the itemized statement be given | 9113 |
to the offender or
| 9114 |
time. Only itemized statements so filed and given shall be | 9115 |
considered at the hearing described in division (C) of this | 9116 |
section. | 9117 |
(C) The court shall set a date for a hearing on all the | 9118 |
itemized statements filed with it and given to the offender or
| 9119 |
the offender's attorney in accordance with division (B) of this | 9120 |
section. The hearing shall be held prior to the sentencing of the | 9121 |
offender, but may be held on the same day as
| 9122 |
Notice of the hearing date shall be given to the offender or
| 9123 |
the offender's attorney and to the agencies whose itemized | 9124 |
statements are involved. At the hearing, each agency has the | 9125 |
burden of establishing by a preponderance of the evidence that the | 9126 |
costs set forth in its itemized statement were incurred in the | 9127 |
investigation or prosecution of the offender or in the | 9128 |
investigation of the fire or explosion involved in the case, and | 9129 |
of establishing by a preponderance of the evidence that the | 9130 |
offender has assets available for the reimbursement of all or a | 9131 |
portion of the costs. | 9132 |
The offender may cross-examine all witnesses and examine all | 9133 |
documentation presented by the agencies at the hearing, and
| 9134 |
offender may present at the hearing witnesses and
documentation
| 9135 |
the offender has obtained without a subpoena or a subpoena duces | 9136 |
tecum or, in the case of documentation, that belongs to
| 9137 |
offender.
| 9138 |
duces tecum for, and present and examine at the hearing, witnesses | 9139 |
and documentation, subject to the following applying to the | 9140 |
witnesses or documentation subpoenaed: | 9141 |
(1) The testimony of witnesses subpoenaed or documentation | 9142 |
subpoenaed is material to the preparation or presentation by the | 9143 |
offender of
| 9144 |
agencies for a reimbursement of costs; | 9145 |
(2) If witnesses to be subpoenaed are personnel of an agency | 9146 |
or documentation to be subpoenaed belongs to an agency, the | 9147 |
personnel or documentation may be subpoenaed only if the agency | 9148 |
involved has indicated, pursuant to this division, that it intends | 9149 |
to present the personnel as witnesses or use the documentation at | 9150 |
the hearing. The offender shall submit, in writing, a request to | 9151 |
an agency as described in this division to ascertain whether the | 9152 |
agency intends to present various personnel as witnesses or to use | 9153 |
particular documentation. The request shall indicate that the | 9154 |
offender is considering issuing subpoenas to personnel of the | 9155 |
agency who are specifically named or identified by title or | 9156 |
position, or for documentation of the agency that is specifically | 9157 |
described or generally identified, and shall request the agency to | 9158 |
indicate, in writing, whether it intends to present such personnel | 9159 |
as witnesses or to use such documentation at the hearing. The | 9160 |
agency shall promptly reply to the request of the offender. An | 9161 |
agency is prohibited from presenting personnel as witnesses or | 9162 |
from using documentation at the hearing if it indicates to the | 9163 |
offender it does not intend to do so in response to a request of | 9164 |
the offender under this division, or if it fails to reply or | 9165 |
promptly reply to such a request. | 9166 |
(D) Following the hearing, the court shall determine which | 9167 |
of the agencies established by a preponderance of the evidence | 9168 |
that costs set forth in their itemized statements were incurred as | 9169 |
described in division (C) of this section and that the offender | 9170 |
has assets available for reimbursement purposes. The court also | 9171 |
shall determine whether the offender has assets available to | 9172 |
reimburse all such agencies, in whole or in part, for their | 9173 |
established costs, and if it determines that the assets are | 9174 |
available, it shall order the offender, as part of
| 9175 |
offender's sentence, to reimburse the agencies from
| 9176 |
offender's assets for all or a specified portion of their | 9177 |
established costs. | 9178 |
Sec. 2930.06. (A) The prosecutor in a case, to the extent | 9179 |
practicable, shall confer with the victim in the case before | 9180 |
pretrial diversion is granted to the defendant or alleged juvenile | 9181 |
offender in the case, before amending or dismissing an indictment, | 9182 |
information, or complaint against that defendant or alleged | 9183 |
juvenile offender, before agreeing to a negotiated plea for that | 9184 |
defendant or alleged juvenile offender, before a trial of that | 9185 |
defendant by judge or jury, or before the juvenile court conducts | 9186 |
an adjudicatory hearing for that alleged juvenile offender. If | 9187 |
the juvenile court disposes of a case prior to the prosecutor's | 9188 |
involvement in the case, the court or a court employee shall | 9189 |
notify the victim in the case that the alleged juvenile offender | 9190 |
will be granted pretrial diversion, the complaint against that | 9191 |
alleged juvenile offender will be amended or dismissed, or the | 9192 |
court will conduct an adjudicatory hearing for that alleged | 9193 |
juvenile offender. If the prosecutor fails to confer with the | 9194 |
victim at any of those times, the court, if informed of the | 9195 |
failure, shall note on the record the failure and the prosecutor's | 9196 |
reasons for the failure. A prosecutor's failure to confer with a | 9197 |
victim as required by this division and a court's failure to | 9198 |
provide the notice as required by this division do not affect the | 9199 |
validity of an agreement between the prosecutor and the defendant | 9200 |
or alleged juvenile offender in the case, a pretrial diversion of | 9201 |
the defendant or alleged juvenile offender, an amendment or | 9202 |
dismissal of an indictment, information, or complaint filed | 9203 |
against the defendant or alleged juvenile offender, a plea entered | 9204 |
by the defendant or alleged juvenile defender, an admission | 9205 |
entered by the defendant or alleged juvenile offender, or any | 9206 |
other disposition in the case. A court shall not dismiss a | 9207 |
criminal complaint, charge, information, or indictment or a | 9208 |
delinquent child complaint solely at the request of the victim and | 9209 |
over the objection of the prosecuting attorney, village solicitor, | 9210 |
city director of law, or other chief legal officer responsible for | 9211 |
the prosecution of the case. | 9212 |
(B) After a prosecution in a case has been commenced, the | 9213 |
prosecutor or a designee of the prosecutor other than a court or | 9214 |
court employee, to the extent practicable, promptly shall give the | 9215 |
victim all of the following information, except that, if the | 9216 |
juvenile court disposes of a case prior to the prosecutor's | 9217 |
involvement in the case, the court or a court employee, to the | 9218 |
extent practicable, promptly shall give the victim all of the | 9219 |
following information: | 9220 |
(1) The name of the crime or specified delinquent act with | 9221 |
which the defendant or alleged juvenile offender in the case has | 9222 |
been charged and the name of the defendant or alleged juvenile | 9223 |
offender; | 9224 |
(2) The file number of the case; | 9225 |
(3) A brief statement regarding the procedural steps in a | 9226 |
criminal prosecution or delinquency proceeding involving a crime | 9227 |
or specified delinquent act similar to the crime or specified | 9228 |
delinquent act with which the defendant or alleged juvenile | 9229 |
offender has been charged and the right of the victim to be | 9230 |
present during all proceedings held throughout the prosecution of | 9231 |
the case; | 9232 |
(4) A summary of the rights of a victim under this chapter; | 9233 |
(5) Procedures the victim or the prosecutor may follow if | 9234 |
the victim becomes subject to threats or intimidation by the | 9235 |
defendant, alleged juvenile offender, or any other person; | 9236 |
(6) The name and business telephone number of a person to | 9237 |
contact for further information with respect to the case; | 9238 |
(7) The right of the victim to have a victim's | 9239 |
representative exercise the victim's rights under this chapter in | 9240 |
accordance with section 2930.02 of the Revised Code and the | 9241 |
procedure by which a victim's representative may be designated; | 9242 |
(8) Notice that any notification under division (C) of this | 9243 |
section, sections 2930.07 to 2930.19, and section 5139.56 of the | 9244 |
Revised Code will be given to the victim only if the victim asks | 9245 |
to receive the notification. | 9246 |
(C) Upon the request of the victim, the prosecutor or, if it | 9247 |
is a delinquency proceeding and a prosecutor is not involved in | 9248 |
the case, the court shall give the victim notice of the date, | 9249 |
time, and place of any scheduled criminal or juvenile proceedings | 9250 |
in the case and notice of any changes in those proceedings or in | 9251 |
the schedule in the case. | 9252 |
(D) A victim who requests notice under division (C) of this | 9253 |
section and who elects pursuant to division (B) of section 2930.03 | 9254 |
of the Revised Code to receive any further notice from the | 9255 |
prosecutor or, if it is a delinquency proceeding and a prosecutor | 9256 |
is not involved in the case, the court under this chapter shall | 9257 |
keep the prosecutor or the court informed of the victim's current | 9258 |
address and telephone number until the case is dismissed or | 9259 |
terminated, the defendant is acquitted or sentenced, the | 9260 |
delinquent child complaint is dismissed, the defendant is | 9261 |
adjudicated a delinquent child, or the appellate process is | 9262 |
completed, whichever is the final disposition in the case. | 9263 |
(E) If a defendant is charged with the commission of a | 9264 |
misdemeanor offense that is not identified in division (A)(2) of | 9265 |
section 2930.01 of the Revised Code and if a police report or a | 9266 |
complaint, indictment, or information that charges the commission | 9267 |
of that offense and provides the basis for a criminal prosecution | 9268 |
of that defendant identifies one or more individuals as | 9269 |
individuals against whom that offense was committed, after a | 9270 |
prosecution in the case has been commenced, the prosecutor or a | 9271 |
designee of the prosecutor other than a court or court employee, | 9272 |
to the extent practicable, promptly shall notify each of the | 9273 |
individuals so identified in the report, complaint, indictment, or | 9274 |
information that, if the defendant is convicted of or pleads | 9275 |
guilty to the offense, the individual may make an oral or written | 9276 |
statement to the court hearing the case regarding the sentence to | 9277 |
be imposed upon the defendant and that the court must consider any | 9278 |
statement so made that is relevant. Before imposing sentence in | 9279 |
the case, the court shall permit the individuals so identified in | 9280 |
the report, complaint, indictment, or information to make an oral | 9281 |
or written statement. Division (A) of section 2930.14 of the | 9282 |
Revised Code applies regarding any statement so made. The court | 9283 |
shall consider a statement so made, in accordance with division | 9284 |
(B) of that section and division (D) of section 2929.22 of the | 9285 |
Revised Code. | 9286 |
Sec. 2935.33. (A) If a person charged with a misdemeanor is | 9287 |
taken before a judge of a court of record and if it appears to the | 9288 |
judge that the person is an alcoholic or is suffering from acute | 9289 |
alcohol intoxication and that the person would benefit from | 9290 |
services provided by an alcohol and drug addiction program | 9291 |
certified under Chapter 3793. of the Revised Code, the judge may | 9292 |
place the person temporarily in a program certified under that | 9293 |
chapter in the area in which the court has jurisdiction for | 9294 |
inpatient care and treatment for an indefinite period not | 9295 |
exceeding five days. The commitment does not limit the right to | 9296 |
release on bail. The judge may dismiss a charge of a violation of | 9297 |
division (B) of section 2917.11 of the Revised Code or of a | 9298 |
municipal ordinance substantially equivalent to that division if | 9299 |
the defendant complies with all the conditions of treatment | 9300 |
ordered by the court. | 9301 |
The court may order that any fines or court costs collected | 9302 |
by the court from defendants who have received inpatient care from | 9303 |
an alcohol and drug addiction program be paid, for the benefit of | 9304 |
the program, to the board of alcohol, drug addiction, and mental | 9305 |
health services of the alcohol, drug addiction, and mental health | 9306 |
service district in which the program is located or to the | 9307 |
director of alcohol and drug addiction services. | 9308 |
(B) If a person is being sentenced for a violation of | 9309 |
division (B) of section 2917.11 or section 4511.19 of the Revised | 9310 |
Code, a misdemeanor violation of section 2919.25 of the Revised | 9311 |
Code, a misdemeanor violation of section 2919.27 of the Revised | 9312 |
Code involving a protection order issued or consent agreement | 9313 |
approved pursuant to section 2919.26 or 3113.31 of the Revised | 9314 |
Code, or a violation of a municipal ordinance substantially | 9315 |
equivalent to that division or any of those sections and if it | 9316 |
appears to the judge at the time of sentencing that the person is | 9317 |
an alcoholic or is suffering from acute alcohol intoxication and | 9318 |
that, in lieu of imprisonment, the person would benefit from | 9319 |
services provided by an alcohol and drug addiction program | 9320 |
certified under Chapter 3793. of the Revised Code, the court may | 9321 |
commit the person to close supervision in any facility in the area | 9322 |
in which the court has jurisdiction that is, or is operated by, | 9323 |
such a program.
| 9324 |
9325 | |
9326 | |
9327 | |
9328 | |
9329 | |
9330 | |
9331 | |
services and part-time release, except that a person convicted of | 9332 |
a violation of division (A) of section 4511.19 of the Revised Code | 9333 |
shall be confined to the facility for at least three days and | 9334 |
except that a person convicted of a misdemeanor violation of | 9335 |
section 2919.25 of the Revised Code, a misdemeanor violation of | 9336 |
section 2919.27 of the Revised Code involving a protection order | 9337 |
issued or consent agreement approved pursuant to section 2919.26 | 9338 |
or 3113.31 of the Revised Code, or a violation of a substantially | 9339 |
equivalent municipal ordinance shall be confined to the facility | 9340 |
in accordance with the order of commitment. A commitment of a | 9341 |
person to a facility for purposes of close supervision shall not | 9342 |
exceed the maximum term for which the person could be imprisoned. | 9343 |
(C) A law enforcement officer who finds a person subject to | 9344 |
prosecution for violation of division (B) of section 2917.11 of | 9345 |
the Revised Code or a municipal ordinance substantially equivalent | 9346 |
to that division and who has reasonable cause to believe that the | 9347 |
person is an alcoholic or is suffering from acute alcohol | 9348 |
intoxication and would benefit from immediate treatment | 9349 |
immediately may place the person in an alcohol and drug addiction | 9350 |
program certified under Chapter 3793. of the Revised Code in the | 9351 |
area in which the person is found, for emergency treatment, in | 9352 |
lieu of other arrest procedures, for a maximum period of | 9353 |
forty-eight hours. During that time, if the person desires to | 9354 |
leave such custody,
| 9355 |
(D) As used in this section: | 9356 |
(1) "Alcoholic" has the same meaning as in section 3793.01 of | 9357 |
the Revised Code; | 9358 |
(2) "Acute alcohol intoxication" means a heavy consumption of | 9359 |
alcohol over a relatively short period of time, resulting in | 9360 |
dysfunction of the brain centers controlling behavior, speech, and | 9361 |
memory and causing characteristic withdrawal symptoms. | 9362 |
Sec. 2937.07. If the offense
| 9363 |
accused pleads guilty
| 9364 |
magistrate shall receive
and enter
| 9365 |
court or magistrate believes that it was made through fraud, | 9366 |
collusion | 9367 |
magistrate so believes, the court or magistrate shall enter a plea | 9368 |
of not guilty and set the matter for trial pursuant to Chapter | 9369 |
2938. of the Revised Code. Upon
receiving a plea of guilty
| 9370 |
9371 | |
the circumstances of the offense from the affiant or complainant | 9372 |
or
| 9373 |
After hearing the
| 9374 |
any statement of the accused, the court or magistrate shall | 9375 |
proceed to pronounce the sentence or shall continue the matter for | 9376 |
the purpose of imposing
the sentence
| 9377 |
9378 |
| 9379 |
words of similar import
| 9380 |
constitute a stipulation that the judge or magistrate may make a | 9381 |
finding of guilty or not guilty from the explanation of the | 9382 |
circumstances | 9383 |
finding of guilty is made, the judge or magistrate shall impose | 9384 |
the
sentence or continue
the case for
| 9385 |
accordingly.
| 9386 |
import shall not be construed
| 9387 |
fact at issue in the criminal charge in any subsequent civil or | 9388 |
criminal action or proceeding | 9389 |
Sec. 2945.17. (A) At any trial, in any court, for the | 9390 |
violation of any statute of this state, or of any ordinance of any | 9391 |
municipal
corporation,
except
| 9392 |
9393 | |
provided in divisions (B) and (C) of this section, the accused has | 9394 |
the
right to be tried by a
jury.
| 9395 |
(B) The right to be tried by a jury that is granted under | 9396 |
division (A) of this section does not apply to a violation of a | 9397 |
statute or ordinance that is any of the following: | 9398 |
(1) A violation that is a minor misdemeanor; | 9399 |
(2) A violation for which the potential penalty does not | 9400 |
include the possibility of a prison term or jail term and for | 9401 |
which the possible fine does not exceed one thousand dollars. | 9402 |
(C) Division (A) of this section does not apply to, and | 9403 |
there is no right to a jury trial for, a person who is the subject | 9404 |
of a complaint filed under section 2151.27 of the Revised Code | 9405 |
against both a child and the parent, guardian, or other person | 9406 |
having care of the child. | 9407 |
Sec. 2947.06. (A)(1) The trial court may hear testimony in | 9408 |
mitigation of a sentence at the term of conviction or plea or at | 9409 |
the next term. The prosecuting attorney may offer testimony on | 9410 |
behalf of the state to give the court a true understanding of the | 9411 |
case. The court shall determine whether sentence
| 9412 |
immediately
| 9413 |
9414 | |
its own motion may direct the department of probation of the | 9415 |
county in which the defendant resides, or its own regular | 9416 |
probation officer, to make any inquiries and presentence | 9417 |
investigation reports that the court requires concerning the | 9418 |
defendant. | 9419 |
(2) The provisions of section 2951.03 of the Revised Code | 9420 |
shall govern the preparation of, the provision, receipt, and | 9421 |
retention of copies of, the use of, and the confidentiality, | 9422 |
nonpublic record character, and sealing of a presentence | 9423 |
investigation report prepared pursuant to division (A)(1) of this | 9424 |
section. | 9425 |
(B) The court may appoint not more than two psychologists or | 9426 |
psychiatrists to make any reports concerning the defendant that | 9427 |
the court requires for the purpose of determining the disposition | 9428 |
of the case. Each psychologist or psychiatrist shall receive a | 9429 |
fee to be fixed by the court and taxed in the costs of the case. | 9430 |
The psychologist's or psychiatrist's reports shall be made in | 9431 |
writing, in open court, and in the presence of the defendant, | 9432 |
except in misdemeanor cases in which sentence may be pronounced in | 9433 |
the absence of the defendant. A copy of each report of a | 9434 |
psychologist or psychiatrist may be furnished to the defendant, if | 9435 |
present, who may examine the persons making the report, under | 9436 |
oath, as to any matter or thing contained in the report. | 9437 |
Sec. 2947.19. (A) In a county that has no workhouse but in | 9438 |
which is located a city that has a workhouse maintained by the | 9439 |
city, the board of county commissioners may agree with the proper | 9440 |
authorities of that city upon terms under which persons convicted | 9441 |
of misdemeanors shall be maintained in the city workhouse at the | 9442 |
expense of the county. In the case of persons committed to the | 9443 |
city workhouse for the violation of a law of this state, whether | 9444 |
the commitment is from the court of common pleas, magistrate's | 9445 |
court, or other court, the cost of maintaining those persons | 9446 |
committed shall be paid out of the general fund of the county, on | 9447 |
the allowance of the board of county commissioners, provided that | 9448 |
all persons committed to the city workhouse for the violation of | 9449 |
ordinances of the city shall be maintained in that workhouse at | 9450 |
the sole cost of the city. | 9451 |
(B) Pursuant to section 2929.37 of the Revised Code, the | 9452 |
board of county commissioners or the legislative authority of the | 9453 |
city may require a person who was convicted of an offense and who | 9454 |
is confined in the city workhouse as provided in division (A) of | 9455 |
this section to reimburse the county or the city, as the case may | 9456 |
be, for its expenses incurred by reason of the person's | 9457 |
confinement. If a person is convicted of or pleads guilty to a | 9458 |
felony and the court imposes a sanction that requires the offender | 9459 |
to serve a term in a city workhouse, sections 341.23, 753.02, | 9460 |
753.04, and 753.16 of the Revised Code govern the determination of | 9461 |
whether the court may impose a sanction under section 2929.18 of | 9462 |
the Revised Code that requires the offender to reimburse the | 9463 |
expenses of confinement. | 9464 |
(C) Notwithstanding any contrary provision in this section or | 9465 |
section
2929.18,
| 9466 |
Revised Code, the board of county commissioners or the legislative | 9467 |
authority of the city may establish a policy that complies with | 9468 |
section 2929.38 of the Revised Code and that requires any person | 9469 |
who is not indigent and who is confined in the city workhouse to | 9470 |
pay a reception fee or a fee for any medical treatment or service | 9471 |
requested by and provided to that person. | 9472 |
(D) If a person who has been convicted of or pleaded guilty | 9473 |
to an offense is confined in the workhouse as provided in division | 9474 |
(A) of this section, at the time of reception and at other times | 9475 |
the person in charge of the operation of the workhouse determines | 9476 |
to be appropriate, the person in charge of the operation of the | 9477 |
workhouse may cause the convicted offender to be examined and | 9478 |
tested for tuberculosis, HIV infection, hepatitis, including but | 9479 |
not limited to hepatitis A, B, and C, and other contagious | 9480 |
diseases. The person in charge of the operation of the workhouse | 9481 |
may cause a convicted offender in the workhouse who refuses to be | 9482 |
tested or treated for tuberculosis, HIV infection, hepatitis, | 9483 |
including but not limited to hepatitis A, B, and C, or another | 9484 |
contagious disease to be tested and treated involuntarily. | 9485 |
Sec. 2947.21. When a person is sentenced to a workhouse by | 9486 |
the court of common pleas, the clerk of the court of common pleas | 9487 |
shall make and deliver to the sheriff a certified copy of the | 9488 |
judgment. The copy shall describe the crime charged and the | 9489 |
sentence of the court. The sheriff shall deliver the copy to the | 9490 |
officer in charge of the workhouse, and the copy shall be that | 9491 |
officer's warrant for detaining the person in custody. In case of | 9492 |
such a conviction by any other court or magistrate, the court or | 9493 |
magistrate shall make a certified transcript of the docket in the | 9494 |
case, which, in like manner, shall be delivered to the marshal, | 9495 |
constable, or sheriff to be delivered by the marshal, constable, | 9496 |
or sheriff to the proper officer in charge of the workhouse and be | 9497 |
that officer's warrant for detaining the person in custody. | 9498 |
When a person is sentenced to a jail or workhouse under | 9499 |
9500 | |
the court shall certify a transcript of the docket in the case, | 9501 |
and the court shall deliver the certified transcript to the | 9502 |
proper officer in charge of the workhouse or jail, and the | 9503 |
certified transcript is the officer's warrant for detaining the | 9504 |
person in custody during the prescribed period or periods. | 9505 |
Sec. 2949.111. (A) As used in this section: | 9506 |
(1) " | 9507 |
that the court requires
an
offender to pay | 9508 |
operating the court. | 9509 |
(2) "State fines or costs" means any costs imposed or | 9510 |
forfeited bail collected by the court under section 2743.70 of the | 9511 |
Revised Code for deposit into the reparations fund or under | 9512 |
section 2949.091 of the Revised Code for deposit into the general | 9513 |
revenue fund and all fines, penalties, and forfeited bail | 9514 |
collected by the court and paid to a law library association under | 9515 |
sections 3375.50 to 3375.53 of the Revised Code. | 9516 |
(3) "Reimbursement" means any reimbursement for the costs of | 9517 |
confinement that the court orders an offender to pay pursuant to | 9518 |
section 2929.28 of the Revised Code, any supervision fee, any fee | 9519 |
for the
costs of
| 9520 |
electronic monitoring that an offender agrees to
pay
| 9521 |
9522 | |
costs of an investigation or prosecution that the court orders an | 9523 |
offender to pay pursuant to section
| 9524 |
Code, or any other costs that the court orders an offender to pay. | 9525 |
| 9526 |
pursuant
to
| 9527 |
Revised Code
| 9528 |
9529 | |
9530 | |
an offender who is under a community control sanction to pay for | 9531 |
supervision services. | 9532 |
| 9533 |
in section 2929.01 of the Revised Code. | 9534 |
(B) Unless the court, in accordance with division (C) of | 9535 |
this section, enters in the record of the case a different method | 9536 |
of assigning
| 9537 |
9538 | |
is charged with a misdemeanor is convicted of or pleads guilty to | 9539 |
the offense, if the court orders the offender to pay any | 9540 |
combination of court costs, state fines or costs, restitution, a | 9541 |
conventional fine, or
| 9542 |
the offender makes any payment of any of them to a clerk of court | 9543 |
9544 | |
9545 | |
offender's payment
| 9546 |
9547 |
(1) If the court ordered the offender to pay any court | 9548 |
costs, the offender's payment shall be assigned toward the | 9549 |
satisfaction
of
| 9550 |
have been entirely paid. | 9551 |
(2) If the court ordered the offender to pay any state fines | 9552 |
or costs and if all of the court costs that the court ordered the | 9553 |
offender to pay have been paid, the remainder of the offender's | 9554 |
payment shall be assigned on a pro rata basis toward the | 9555 |
satisfaction of the state fines or costs until they have been | 9556 |
entirely paid. | 9557 |
(3) If the court ordered the offender to pay any restitution | 9558 |
and if all of the court costs and state fines or costs that the | 9559 |
court ordered the
offender to
pay | 9560 |
remainder of the
offender's
payment
| 9561 |
9562 | |
satisfaction
of the
restitution until
| 9563 |
entirely paid. | 9564 |
| 9565 |
if all of the court costs, state fines or costs, and restitution | 9566 |
that the court ordered the
offender to pay | 9567 |
paid, the remainder of the
offender's payment
| 9568 |
9569 | |
9570 | |
until
| 9571 |
| 9572 |
9573 | |
state fines or costs, restitution, and
| 9574 |
ordered the offender to pay | 9575 |
of the offender's payment
| 9576 |
9577 | |
toward the satisfaction of the
| 9578 |
until
| 9579 |
(C) If a person who is charged with a misdemeanor is | 9580 |
convicted of or pleads guilty to the offense and if the court | 9581 |
orders the offender to pay any combination of court costs, state | 9582 |
fines or costs, restitution,
| 9583 |
reimbursements, the court, at the time it orders the offender to | 9584 |
9585 | |
9586 | |
9587 | |
9588 | |
from the
| 9589 |
9590 | |
9591 | |
case the
| 9592 |
order is entered in the record
| 9593 |
9594 | |
9595 | |
9596 | |
the
clerk of the
court shall assign the payment
| 9597 |
9598 | |
in the manner
prescribed by the court
| 9599 |
9600 | |
9601 |
Sec. 2950.01. As used in this chapter, unless the context | 9602 |
clearly requires otherwise: | 9603 |
(A) "Confinement" includes, but is not limited to, a | 9604 |
community residential sanction imposed pursuant to section 2929.16 | 9605 |
or 2929.26 of the Revised Code. | 9606 |
(B) "Habitual sex offender" means, except when a juvenile | 9607 |
judge removes this classification pursuant to division (A)(2) of | 9608 |
section 2152.84 or division (C)(2) of section 2152.85 of the | 9609 |
Revised Code, a person to whom both of the following apply: | 9610 |
(1) The person is convicted of or pleads guilty to a | 9611 |
sexually oriented offense, or the person is adjudicated a | 9612 |
delinquent child for committing on or after January 1, 2002, a | 9613 |
sexually oriented offense, was fourteen years of age or older at | 9614 |
the time of committing the offense, and is classified a juvenile | 9615 |
sex offender registrant based on that adjudication. | 9616 |
(2) One of the following applies to the person: | 9617 |
(a) Regarding a person who is an offender, the person | 9618 |
previously was convicted of or pleaded guilty to one or more | 9619 |
sexually oriented offenses or previously was adjudicated a | 9620 |
delinquent child for committing one or more sexually oriented | 9621 |
offenses and was classified a juvenile sex offender registrant or | 9622 |
out-of-state juvenile sex offender registrant based on one or more | 9623 |
of those adjudications, regardless of when the offense was | 9624 |
committed and regardless of the person's age at the time of | 9625 |
committing the offense. | 9626 |
(b) Regarding a delinquent child, the person previously was | 9627 |
convicted of, pleaded guilty to, or was adjudicated a delinquent | 9628 |
child for committing one or more sexually oriented offenses, | 9629 |
regardless of when the offense was committed and regardless of the | 9630 |
person's age at the time of committing the offense. | 9631 |
(C) "Prosecutor" has the same meaning as in section 2935.01 | 9632 |
of the Revised Code. | 9633 |
(D) "Sexually oriented offense" means any of the following: | 9634 |
(1) Any of the following violations or offenses committed by | 9635 |
a person eighteen years of age or older: | 9636 |
(a) Regardless of the age of the victim of the offense, a | 9637 |
violation of section 2907.02, 2907.03, or 2907.05 of the Revised | 9638 |
Code; | 9639 |
(b) Any of the following offenses involving a minor, in the | 9640 |
circumstances specified: | 9641 |
(i) A violation of section 2905.01, 2905.02, 2905.03, | 9642 |
2905.05, or 2907.04 or former section 2905.04 of the Revised Code | 9643 |
when the victim of the offense is under eighteen years of age; | 9644 |
(ii) A violation of section 2907.21 of the Revised Code when | 9645 |
the person who is compelled, induced, procured, encouraged, | 9646 |
solicited, requested, or facilitated to engage in, paid or agreed | 9647 |
to be paid for, or allowed to engage in the sexual activity in | 9648 |
question is under eighteen years of age; | 9649 |
(iii) A violation of division (A)(1) or (3) of section | 9650 |
2907.321 or 2907.322 of the Revised Code; | 9651 |
(iv) A violation of division (A)(1) or (2) of section | 9652 |
2907.323 of the Revised Code; | 9653 |
(v) A violation of division (B)(5) of section 2919.22 of the | 9654 |
Revised Code when the child who is involved in the offense is | 9655 |
under eighteen years of age; | 9656 |
(vi) A violation of division (D) or (E) of section 2907.07 of | 9657 |
the Revised Code. | 9658 |
(c) Regardless of the age of the victim of the offense, a | 9659 |
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the | 9660 |
Revised Code, or of division (A) of section 2903.04 of the Revised | 9661 |
Code, that is committed with a purpose to gratify the sexual needs | 9662 |
or desires of the offender; | 9663 |
(d) A sexually violent offense; | 9664 |
(e) A violation of any former law of this state, any | 9665 |
existing or former municipal ordinance or law of another state or | 9666 |
the United States, or any existing or former law applicable in a | 9667 |
military court or in an Indian tribal court that is or was | 9668 |
substantially equivalent to any offense listed in division | 9669 |
(D)(1)(a), (b), (c), or (d) of this section; | 9670 |
(f) An attempt to commit, conspiracy to commit, or | 9671 |
complicity in committing any offense listed in division (D)(1)(a), | 9672 |
(b), (c), (d), or (e) of this section. | 9673 |
(2) An act committed by a person under eighteen years of age | 9674 |
that is any of the following: | 9675 |
(a) Subject to division (D)(2)(h) of this section, | 9676 |
regardless of the age of the victim of the violation, a violation | 9677 |
of section 2907.02, 2907.03, or 2907.05 of the Revised Code; | 9678 |
(b) Subject to division (D)(2)(h) of this section, any of | 9679 |
the following acts involving a minor in the circumstances | 9680 |
specified: | 9681 |
(i) A violation of section 2905.01 or 2905.02 of the Revised | 9682 |
Code, or of former section 2905.04 of the Revised Code, when the | 9683 |
victim of the violation is under eighteen years of age; | 9684 |
(ii) A violation of section 2907.21 of the Revised Code when | 9685 |
the person who is compelled, induced, procured, encouraged, | 9686 |
solicited, requested, or facilitated to engage in, paid or agreed | 9687 |
to be paid for, or allowed to engage in the sexual activity in | 9688 |
question is under eighteen years of age; | 9689 |
(iii) A violation of division (B)(5) of section 2919.22 of | 9690 |
the Revised Code when the child who is involved in the violation | 9691 |
is under eighteen years of age. | 9692 |
(c) Subject to division (D)(2)(h) of this section, any | 9693 |
sexually violent offense that, if committed by an adult, would be | 9694 |
a felony of the first, second, third, or fourth degree; | 9695 |
(d) Subject to division (D)(2)(h) of this section, a | 9696 |
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or | 9697 |
2905.02 of the Revised Code, a violation of division (A) of | 9698 |
section 2903.04 of the Revised Code, or an attempt to violate any | 9699 |
of those sections or that division that is committed with a | 9700 |
purpose to gratify the sexual needs or desires of the child | 9701 |
committing the violation; | 9702 |
(e) Subject to division (D)(2)(h) of this section, a | 9703 |
violation of division (A)(1) or (3) of section 2907.321, division | 9704 |
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of | 9705 |
section 2907.323 of the Revised Code, or an attempt to violate any | 9706 |
of those divisions, if the person who violates or attempts to | 9707 |
violate the division is four or more years older than the minor | 9708 |
who is the victim of the violation; | 9709 |
(f) Subject to division (D)(2)(h) of this section, any | 9710 |
violation of any former law of this state, any existing or former | 9711 |
municipal ordinance or law of another state or the United States, | 9712 |
or any existing or former law applicable in a military court or in | 9713 |
an Indian tribal court that is or was substantially equivalent to | 9714 |
any offense listed in division (D)(2)(a), (b), (c), (d), or (e) of | 9715 |
this section and that, if committed by an adult, would be a felony | 9716 |
of the first, second, third, or fourth degree; | 9717 |
(g) Subject to division (D)(2)(h) of this section, any | 9718 |
attempt to commit, conspiracy to commit, or complicity in | 9719 |
committing any offense listed in division (D)(2)(a), (b), (c), | 9720 |
(d), (e), or (f) of this section; | 9721 |
(h) If the child's case has been transferred for criminal | 9722 |
prosecution under section 2152.12 of the Revised Code, the act is | 9723 |
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or | 9724 |
(f) of this section or would be any offense listed in any of those | 9725 |
divisions if committed by an adult. | 9726 |
(E) "Sexual predator" means a person to whom either of the | 9727 |
following applies: | 9728 |
(1) The person has been convicted of or pleaded guilty to | 9729 |
committing a sexually oriented offense and is likely to engage in | 9730 |
the future in one or more sexually oriented offenses. | 9731 |
(2) The person has been adjudicated a delinquent child for | 9732 |
committing a sexually oriented offense, was fourteen years of age | 9733 |
or older at the time of committing the offense, was classified a | 9734 |
juvenile sex offender registrant based on that adjudication, and | 9735 |
is likely to engage in the future in one or more sexually oriented | 9736 |
offenses. | 9737 |
(F) "Supervised release" means a release of an offender from | 9738 |
a prison term, a term of imprisonment, or another type of | 9739 |
confinement that satisfies either of the following conditions: | 9740 |
(1) The release is on parole, a conditional pardon,
| 9741 |
9742 | |
control, or under a post-release control sanction, and it requires | 9743 |
the person to report to or be supervised by a parole officer, | 9744 |
probation officer, field officer, or another type of supervising | 9745 |
officer. | 9746 |
(2) The release is any type of release that is not described | 9747 |
in division (F)(1) of this section and that requires the person to | 9748 |
report to or be supervised by a probation officer, a parole | 9749 |
officer, a field officer, or another type of supervising officer. | 9750 |
(G) An offender or delinquent child is "adjudicated as being | 9751 |
a sexual predator" or "adjudicated a sexual predator" if any of | 9752 |
the following applies and if that status has not been removed | 9753 |
pursuant to section 2152.84, 2152.85, or 2950.09 of the Revised | 9754 |
Code: | 9755 |
(1) The offender is convicted of or pleads guilty to | 9756 |
committing, on or after January 1, 1997, a sexually oriented | 9757 |
offense that is a sexually violent offense and also is convicted | 9758 |
of or pleads guilty to a sexually violent predator specification | 9759 |
that was included in the indictment, count in the indictment, or | 9760 |
information that charged the sexually violent offense. | 9761 |
(2) Regardless of when the sexually oriented offense was | 9762 |
committed, on or after January 1, 1997, the offender is sentenced | 9763 |
for a sexually oriented offense, and the sentencing judge | 9764 |
determines pursuant to division (B) of section 2950.09 of the | 9765 |
Revised Code that the offender is a sexual predator. | 9766 |
(3) The delinquent child is adjudicated a delinquent child | 9767 |
for committing a sexually oriented offense, was fourteen years of | 9768 |
age or older at the time of committing the offense, and has been | 9769 |
classified a juvenile sex offender registrant based on that | 9770 |
adjudication, and the adjudicating judge or that judge's successor | 9771 |
in office determines pursuant to division (B) of section 2950.09 | 9772 |
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of | 9773 |
the Revised Code that the delinquent child is a sexual predator. | 9774 |
(4) Prior to January 1, 1997, the offender was convicted of | 9775 |
or pleaded guilty to, and was sentenced for, a sexually oriented | 9776 |
offense, the offender is imprisoned in a state correctional | 9777 |
institution on or after January 1, 1997, and the court determines | 9778 |
pursuant to division (C) of section 2950.09 of the Revised Code | 9779 |
that the offender is a sexual predator. | 9780 |
(5) Regardless of when the sexually oriented offense was | 9781 |
committed, the offender or delinquent child is convicted of or | 9782 |
pleads guilty to, has been convicted of or pleaded guilty to, or | 9783 |
is adjudicated a delinquent child for committing a sexually | 9784 |
oriented offense in another state or in a federal court, military | 9785 |
court, or an Indian tribal court, as a result of that conviction, | 9786 |
plea of guilty, or adjudication, the offender or delinquent child | 9787 |
is required, under the law of the jurisdiction in which the | 9788 |
offender was convicted or pleaded guilty or the delinquent child | 9789 |
was adjudicated, to register as a sex offender until the | 9790 |
offender's or delinquent child's death and to verify the | 9791 |
offender's or delinquent child's address on at least a quarterly | 9792 |
basis each year, and, on or after July 1, 1997, for offenders or | 9793 |
January 1, 2002, for delinquent children the offender or | 9794 |
delinquent child moves to and resides in this state or temporarily | 9795 |
is domiciled in this state for more than seven days, unless a | 9796 |
court of common pleas or juvenile court determines that the | 9797 |
offender or delinquent child is not a sexual predator pursuant to | 9798 |
division (F) of section 2950.09 of the Revised Code. | 9799 |
(H) "Sexually violent predator specification" and "sexually | 9800 |
violent offense" have the same meanings as in section 2971.01 of | 9801 |
the Revised Code. | 9802 |
(I) "Post-release control sanction" and "transitional | 9803 |
control" have the same meanings as in section 2967.01 of the | 9804 |
Revised Code. | 9805 |
(J) "Juvenile sex offender registrant" means a person who is | 9806 |
adjudicated a delinquent child for committing on or after January | 9807 |
1, 2002, a sexually oriented offense, who is fourteen years of age | 9808 |
or older at the time of committing the offense, and who a juvenile | 9809 |
court judge, pursuant to an order issued under section 2152.82, | 9810 |
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a | 9811 |
juvenile sex offender registrant and specifies has a duty to | 9812 |
register under section 2950.04 of the Revised Code. | 9813 |
(K) "Secure facility" means any facility that is designed | 9814 |
and operated to ensure that all of its entrances and exits are | 9815 |
locked and under the exclusive control of its staff and to ensure | 9816 |
that, because of that exclusive control, no person who is | 9817 |
institutionalized or confined in the facility may leave the | 9818 |
facility without permission or supervision. | 9819 |
(L) "Out-of-state juvenile sex offender registrant" means a | 9820 |
person who is adjudicated a delinquent child for committing a | 9821 |
sexually oriented offense in another state or in a federal court, | 9822 |
military court, or Indian tribal court, who on or after January 1, | 9823 |
2002, moves to and resides in this state or temporarily is | 9824 |
domiciled in this state for more than seven days, and who under | 9825 |
section 2950.04 of the Revised Code has a duty to register in this | 9826 |
state as described in that section. | 9827 |
(M) "Juvenile court judge" includes a magistrate to whom the | 9828 |
juvenile court judge confers duties pursuant to division (A)(15) | 9829 |
of section 2151.23 of the Revised Code. | 9830 |
(N) "Adjudicated a delinquent child for committing a sexually | 9831 |
oriented offense" includes a child who receives a serious youthful | 9832 |
offender dispositional sentence under section 2152.13 of the | 9833 |
Revised Code for committing a sexually oriented offense. | 9834 |
(O) "Aggravated sexually oriented offense" means a violation | 9835 |
of division (A)(1)(b) of section 2907.02 of the Revised Code. | 9836 |
(P) "Community control sanction" has the same meaning as in | 9837 |
section 2929.01 of the Revised Code. | 9838 |
Sec. 2950.99. (A) Whoever violates a prohibition in section | 9839 |
2950.04, 2950.05, or 2950.06 of the Revised Code is guilty of a | 9840 |
felony of the fifth degree if the most serious sexually oriented | 9841 |
offense that was the basis of the registration, change of address | 9842 |
notification, or address verification requirement that was | 9843 |
violated under the prohibition is a felony if committed by an | 9844 |
adult, and a misdemeanor of the first degree if the most serious | 9845 |
sexually oriented offense that was the basis of the registration, | 9846 |
change of address notification, or address verification | 9847 |
requirement that was violated under the prohibition is a | 9848 |
misdemeanor if committed by an adult. In addition to any penalty | 9849 |
or sanction imposed for the violation, if the offender or | 9850 |
delinquent child is subject to a community control sanction, is on | 9851 |
9852 | |
control sanctions, or is subject to any other type of supervised | 9853 |
release at the time of the violation, the violation shall | 9854 |
constitute a violation of the terms and conditions of the | 9855 |
9856 | |
sanction, or other type of supervised release. | 9857 |
(B) If a person violates a prohibition in section 2950.04, | 9858 |
2950.05, or 2950.06 of the Revised Code that applies to the person | 9859 |
as a result of the person being adjudicated a delinquent child and | 9860 |
being classified a juvenile sex offender registrant or is an | 9861 |
out-of-state juvenile sex offender registrant, both of the | 9862 |
following apply: | 9863 |
(1) If the violation occurs while the person is under | 9864 |
eighteen years of age, the person is subject to proceedings under | 9865 |
Chapter 2152. of the Revised Code based on the violation. | 9866 |
(2) If the violation occurs while the person is eighteen | 9867 |
years of age or older, the person is subject to criminal | 9868 |
prosecution based on the violation. | 9869 |
Sec. 2951.01. | 9870 |
used in this chapter: | 9871 |
(A) "Magistrate" has the same meaning as in section 2931.01 | 9872 |
of
the Revised Code
| 9873 |
(B) "Community control sanction" has the same meaning as in | 9874 |
section 2929.01 of the Revised Code. | 9875 |
(C) "Ignition interlock device" has the same meaning as in | 9876 |
section 4511.83 of the Revised Code. | 9877 |
(D) "Multicounty department of probation" means a probation | 9878 |
department established under section 2301.27 of the Revised Code | 9879 |
to serve more than one county. | 9880 |
(E) "Probation agency" means a county department of | 9881 |
probation, a multicounty department of probation, a municipal | 9882 |
court department of probation established under section 1901.33 of | 9883 |
the Revised Code, or the adult parole authority. | 9884 |
(F) "County-operated municipal court" and "legislative | 9885 |
authority" have the same meanings as in section 1901.03 of the | 9886 |
Revised Code. | 9887 |
(G) "Detention facility" has the same meaning as in section | 9888 |
2921.01 of the Revised Code. | 9889 |
(H) "Repeat offender" and "dangerous offender" have the same | 9890 |
meanings as in section 2935.36 of the Revised Code. | 9891 |
(I) "Minor drug possession offense" has the same meaning as | 9892 |
in section 2925.01 of the Revised Code. | 9893 |
(J) "Peace officer" has the same meaning as in section | 9894 |
2935.01 of the Revised Code. | 9895 |
(K) "Firearm," "deadly weapon," and "dangerous ordnance" have | 9896 |
the same meanings as in section 2923.11 of the Revised Code. | 9897 |
Sec. 2951.011. (A)(1) Chapter 2951. of the Revised Code, as | 9898 |
it existed prior to July 1, 1996, applies to a person upon whom a | 9899 |
court imposed a term of imprisonment prior to July 1, 1996, and a | 9900 |
person upon whom a court, on or after July 1, 1996, and in | 9901 |
accordance with law existing prior to July 1, 1996, imposed a term | 9902 |
of imprisonment for an offense that was committed prior to July 1, | 9903 |
1996. | 9904 |
| 9905 |
after July 1, 1996, applies to a person upon whom a court imposed | 9906 |
a stated prison term for an offense committed on or after July 1, | 9907 |
1996. | 9908 |
(B)(1) Except as provided in division (A)(1) of this section, | 9909 |
Chapter 2951. of the Revised Code, as it existed prior to January | 9910 |
1, 2004, applies to a person upon whom a court imposed a sentence | 9911 |
for a misdemeanor offense prior to January 1, 2004, and a person | 9912 |
upon whom a court, on or after January 1, 2004, and in accordance | 9913 |
with law existing prior to January 1, 2004, imposed a sentence for | 9914 |
a misdemeanor offense that was committed prior to January 1, 2004. | 9915 |
(2) Except as provided in division (A)(2) of this section, | 9916 |
Chapter 2951. of the Revised Code as it exists on and after July | 9917 |
1, 2003, applies to a person upon whom a court imposes a sentence | 9918 |
for a misdemeanor offense committed on or after July 1, 2003. | 9919 |
Sec. 2951.02. (A) | 9920 |
9921 | |
9922 | |
9923 | |
9924 | |
9925 | |
9926 | |
9927 | |
9928 | |
9929 |
| 9930 |
9931 | |
9932 | |
9933 | |
9934 |
| 9935 |
| 9936 |
9937 | |
9938 |
| 9939 |
9940 | |
9941 | |
9942 | |
9943 | |
9944 |
| 9945 |
9946 | |
9947 |
| 9948 |
9949 |
| 9950 |
| 9951 |
9952 |
| 9953 |
| 9954 |
9955 | |
9956 |
| 9957 |
9958 |
| 9959 |
9960 |
| 9961 |
9962 | |
9963 |
| 9964 |
9965 |
| 9966 |
9967 | |
9968 | |
9969 | |
9970 | |
9971 | |
9972 | |
9973 | |
9974 | |
9975 | |
9976 | |
9977 | |
9978 | |
9979 | |
9980 |
| 9981 |
9982 | |
9983 | |
9984 | |
9985 |
| 9986 |
9987 | |
9988 | |
9989 | |
9990 | |
9991 | |
9992 | |
9993 | |
9994 | |
9995 | |
9996 |
| 9997 |
9998 | |
9999 | |
10000 | |
10001 | |
10002 | |
10003 | |
10004 | |
10005 | |
10006 | |
10007 | |
10008 |
| 10009 |
10010 | |
period of a
| 10011 |
authorized probation officers who are engaged within the scope of | 10012 |
their supervisory duties or responsibilities may search, with or | 10013 |
without a warrant, the person of the offender, the place of | 10014 |
residence of the offender, and a motor vehicle, another item of | 10015 |
tangible or intangible personal property, or other real property | 10016 |
in which the offender has a right, title, or interest or for which | 10017 |
the offender has the express or implied permission of a person | 10018 |
with a right, title, or interest to use, occupy, or possess if the | 10019 |
probation officers have reasonable grounds to believe that the | 10020 |
offender is not abiding by the law or otherwise is not complying | 10021 |
with the conditions of the
misdemeanor
offender's
| 10022 |
10023 | |
the
felony
offender's nonresidential sanction.
If a
| 10024 |
offender who is sentenced to a nonresidential sanction is under | 10025 |
the general control and supervision of the adult parole authority, | 10026 |
as described in division (A)(2)(a) of section 2929.15 of the | 10027 |
Revised Code, adult parole authority field officers with | 10028 |
supervisory responsibilities
over the
| 10029 |
have the same search authority relative to
the
| 10030 |
offender during the
period of the sanction
| 10031 |
under this division for probation officers. The court that places | 10032 |
the
misdemeanor
offender
| 10033 |
10034 | |
sanction pursuant to
| 10035 |
2929.25 of the Revised Code or that sentences the
| 10036 |
offender to a nonresidential sanction pursuant to section 2929.17 | 10037 |
of the Revised Code shall provide the offender with a written | 10038 |
notice that informs the offender that authorized probation | 10039 |
officers or adult parole authority field officers with supervisory | 10040 |
responsibilities over the offender who are engaged within the | 10041 |
scope of their supervisory duties or responsibilities may conduct | 10042 |
those
types
of
searches during the period of
| 10043 |
10044 | |
the nonresidential sanction if they have reasonable grounds to | 10045 |
believe that the offender is not abiding by the law or otherwise | 10046 |
is not complying with the conditions of the
offender's
| 10047 |
10048 | |
control sanction or nonresidential sanction. | 10049 |
| 10050 |
10051 | |
10052 | |
10053 | |
10054 | |
10055 |
| 10056 |
10057 | |
10058 | |
10059 | |
10060 |
| 10061 |
10062 | |
10063 |
| 10064 |
10065 | |
10066 | |
10067 |
| 10068 |
10069 | |
10070 | |
10071 |
| 10072 |
10073 | |
10074 | |
10075 | |
10076 | |
10077 | |
10078 |
| 10079 |
guilty to a misdemeanor, the court may require the offender, as a | 10080 |
condition
of
| 10081 |
the
offender's sentence
| 10082 |
10083 | |
10084 | |
10085 | |
supervised community service work in accordance with this | 10086 |
division. If an offender is convicted of or pleads guilty to a | 10087 |
felony, the court, pursuant to sections 2929.15 and 2929.17 of the | 10088 |
Revised Code, may impose a sanction that requires the offender to | 10089 |
perform supervised community service work in accordance with this | 10090 |
division. The supervised community service work shall be under the | 10091 |
authority of health districts, park districts, counties, municipal | 10092 |
corporations, townships, other political subdivisions of the | 10093 |
state, or agencies of the state or any of its political | 10094 |
subdivisions, or under the authority of charitable organizations | 10095 |
that render services to the community or its citizens, in | 10096 |
accordance with this division.
| 10097 |
10098 | |
10099 | |
10100 | |
10101 | |
10102 | |
fee to cover the costs of the offender's participation in the | 10103 |
work, including, but not limited to, the costs of procuring a | 10104 |
policy or policies of liability insurance to cover the period | 10105 |
during which the offender will perform the work. | 10106 |
A court may permit any offender convicted of a felony or a | 10107 |
misdemeanor to satisfy the payment of a fine imposed for the | 10108 |
offense pursuant to section 2929.18 or 2929.28 of the Revised Code | 10109 |
by performing supervised community service work as described in | 10110 |
this division if the offender requests an opportunity to satisfy | 10111 |
the payment by this means and if the court determines that the | 10112 |
offender is financially unable to pay the fine. | 10113 |
The supervised community service work that may be imposed | 10114 |
under this division shall be subject to the following limitations: | 10115 |
| 10116 |
necessary, shall distribute it over weekends or over other | 10117 |
appropriate times that will allow the offender to continue at the | 10118 |
offender's occupation or to care for the offender's family. The | 10119 |
period of the work as
fixed by the court shall not exceed
| 10120 |
the
aggregate
| 10121 |
service imposed by the court pursuant to section 2929.17 or | 10122 |
2929.27 of the Revised Code. | 10123 |
| 10124 |
organization must agree to accept the offender for the work before | 10125 |
the court requires the offender to perform the work for the | 10126 |
entity. A court shall not require an offender to perform | 10127 |
supervised community service work for an agency, political | 10128 |
subdivision, or charitable organization at a location that is an | 10129 |
unreasonable distance from the offender's residence or domicile, | 10130 |
unless the offender is provided with transportation to the | 10131 |
location where the work is to be performed. | 10132 |
| 10133 |
department of job and family services for the management, | 10134 |
placement, and supervision of offenders eligible for community | 10135 |
service work in work activities, developmental activities, and | 10136 |
alternative work activities under sections 5107.40 to 5107.69 of | 10137 |
the Revised Code. If a court and a county department of job and | 10138 |
family services have entered into an agreement of that nature, the | 10139 |
clerk of that court is authorized to pay directly to the county | 10140 |
department all or a portion of the fees collected by the court | 10141 |
pursuant to this division in accordance with the terms of its | 10142 |
agreement. | 10143 |
| 10144 |
this division shall be supervised by an official of the agency, | 10145 |
political subdivision, or charitable organization for which the | 10146 |
work is performed or by a person designated by the agency, | 10147 |
political subdivision, or charitable organization. The official | 10148 |
or designated person shall be qualified for the supervision by | 10149 |
education, training, or experience, and periodically shall report, | 10150 |
in writing, to the court and to the offender's probation officer | 10151 |
concerning the conduct of the offender in performing the work. | 10152 |
| 10153 |
10154 | |
10155 | |
10156 | |
10157 | |
10158 | |
10159 | |
10160 | |
10161 | |
10162 | |
10163 |
| 10164 |
10165 | |
10166 | |
10167 | |
10168 | |
10169 |
| 10170 |
10171 | |
10172 | |
10173 | |
10174 | |
(5) The total of any period of supervised community service work | 10175 |
imposed
on an offender under
| 10176 |
plus the period of all other sanctions imposed pursuant to | 10177 |
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised | 10178 |
Code for a felony, or pursuant to sections 2929.25, 2929.26, | 10179 |
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall | 10180 |
not exceed five years. | 10181 |
| 10182 |
section 4511.19 of the Revised Code, a municipal ordinance | 10183 |
relating to operating a vehicle while under the influence of | 10184 |
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a | 10185 |
municipal ordinance relating to operating a vehicle with a | 10186 |
prohibited concentration of alcohol in the blood, breath, or | 10187 |
urine, the court may require, as
a condition of
| 10188 |
10189 | |
10190 | |
10191 | |
suspension of a driver's or commercial driver's license or permit | 10192 |
or nonresident operating privilege, and all other penalties | 10193 |
provided by law or by ordinance, that the offender operate only a | 10194 |
motor vehicle equipped with an ignition interlock device that is | 10195 |
certified pursuant to section 4510.43 of the Revised Code. | 10196 |
(2)
| 10197 |
10198 | |
10199 | |
equipped with an ignition interlock device that is certified | 10200 |
pursuant to section 4510.43 of the Revised Code, the offender | 10201 |
immediately shall surrender the offender's driver's or commercial | 10202 |
driver's license or permit to the court. Upon the receipt of the | 10203 |
offender's license or permit, the court shall issue an order | 10204 |
authorizing the offender to operate a motor vehicle equipped with | 10205 |
a certified ignition interlock device, deliver the offender's | 10206 |
license or permit to the bureau of motor vehicles, and include in | 10207 |
the abstract of the case forwarded to the bureau pursuant to | 10208 |
section
4510.036 of the Revised
Code the
conditions of
| 10209 |
the community control sanction imposed pursuant to division | 10210 |
10211 | |
copy of its order, and that copy shall be used by the offender in | 10212 |
lieu of a driver's or commercial driver's license or permit until | 10213 |
the bureau issues a restricted license to the offender. | 10214 |
(3) Upon receipt of an offender's driver's or commercial | 10215 |
driver's license or permit pursuant to division
| 10216 |
section, the bureau of motor vehicles shall issue a restricted | 10217 |
license to the offender. The restricted license shall be | 10218 |
identical to the surrendered license, except that it shall have | 10219 |
printed on its face a statement that the offender is prohibited | 10220 |
from operating a motor vehicle that is not equipped with an | 10221 |
ignition interlock device that is certified pursuant to section | 10222 |
4510.43 of the Revised Code. The bureau shall deliver the | 10223 |
offender's surrendered license or permit to the court upon receipt | 10224 |
of a court order requiring it to do so, or reissue the offender's | 10225 |
license or permit under section 4510.52 of the Revised Code if | 10226 |
the registrar destroyed the offender's license or permit under | 10227 |
that section. The offender shall surrender the restricted license | 10228 |
to the court upon receipt of the offender's surrendered license or | 10229 |
permit. | 10230 |
(4) If an offender violates a requirement of the court | 10231 |
imposed under division
| 10232 |
impose a class seven suspension of the offender's driver's or | 10233 |
commercial driver's license or permit or nonresident operating | 10234 |
privilege from the range specified in division (A)(7) of section | 10235 |
4510.02 of the Revised Code. On a second or subsequent violation, | 10236 |
the court may impose a class four suspension of the offender's | 10237 |
driver's or commercial driver's license or permit or nonresident | 10238 |
operating privilege from the range specified in division (A)(4) of | 10239 |
section 4510.02 of the Revised Code. | 10240 |
| 10241 |
| 10242 |
10243 |
| 10244 |
10245 |
| 10246 |
10247 |
| 10248 |
10249 |
| 10250 |
10251 |
Sec. 2951.021. (A)
| 10252 |
| 10253 |
10254 | |
10255 |
| 10256 |
10257 | |
10258 | |
10259 |
| 10260 |
10261 | |
10262 |
| 10263 |
10264 |
| 10265 |
under a community control sanction under section 2929.26, 2929.27, | 10266 |
or 2929.28 of the Revised Code or places a felony offender under a | 10267 |
community control sanction under section 2929.16, 2929.17, or | 10268 |
2929.18 of the Revised Code and if the court places the offender | 10269 |
under the control and supervision of a probation agency, the court | 10270 |
may
require the offender, as a condition of
| 10271 |
community control, to pay a monthly supervision fee of not more | 10272 |
than fifty dollars for supervision services. If the court | 10273 |
requires an offender to pay a monthly supervision fee and the | 10274 |
offender will be under the control of a county department of | 10275 |
probation, a multicounty department of probation, or a municipal | 10276 |
court department of probation established under section 1901.33 of | 10277 |
the Revised Code, the court shall specify whether the offender is | 10278 |
to pay the fee to the probation agency that will have control over | 10279 |
the offender or to the clerk of the court for which the | 10280 |
supervision agency is established. If the court requires an | 10281 |
offender to pay a monthly probation fee and the offender will be | 10282 |
under the control of the adult parole authority, the court shall | 10283 |
specify that the offender is to pay the fee to the clerk of the | 10284 |
court of common pleas. | 10285 |
(2) No person shall be assessed, in any month, more than | 10286 |
fifty dollars in supervision fees. | 10287 |
(3) The prosecuting attorney of the county or the chief | 10288 |
legal officer of a municipal corporation in which is located the | 10289 |
court that imposed sentence upon an offender may bring a civil | 10290 |
action to recover unpaid monthly supervision fees that the | 10291 |
offender was required to pay. Any amount recovered in the civil | 10292 |
action shall be paid into the appropriate county or municipal | 10293 |
probation
services fund in accordance with division
| 10294 |
section. | 10295 |
(4) The failure of an offender to comply with a condition of | 10296 |
10297 | |
pay a monthly supervision fee and that is imposed under division | 10298 |
10299 | |
10300 | |
10301 | |
the modification of the offender's community control sanctions | 10302 |
pursuant to section 2929.15 or2929.25 of the Revised Code but may | 10303 |
be considered with any other factors that form the basis of a | 10304 |
10305 | |
violating a community control sanction under those sections. If | 10306 |
the court
determines
| 10307 |
10308 | |
community control failed to pay a monthly supervision fee imposed | 10309 |
under
division
| 10310 |
warranting
| 10311 |
offender's community control sanction are present, the court shall | 10312 |
10313 | |
the custody of the probation agency | 10314 |
conditions of
| 10315 |
including a requirement that the offender perform community | 10316 |
service, as the ends of justice require. Any requirement imposed | 10317 |
pursuant to
division
| 10318 |
perform community service shall be in addition to and shall not | 10319 |
limit or otherwise affect any order that the offender perform | 10320 |
community
service pursuant to division
| 10321 |
2951.02 of the Revised Code. | 10322 |
| 10323 |
during the period of
| 10324 |
offender who is ordered to pay a monthly supervision fee under | 10325 |
this section shall pay the fee to the probation agency that has | 10326 |
control and supervision over the offender or to the clerk of the | 10327 |
court for which the probation agency is established, as specified | 10328 |
by the court, except that, if the probation agency is the adult | 10329 |
parole authority, the offender shall pay the fee to the clerk of | 10330 |
the court of common pleas. Each probation agency or clerk of a | 10331 |
court that receives any monthly supervision fees shall keep a | 10332 |
record of the monthly supervision fees that are paid to the agency | 10333 |
or the clerk and shall give a written receipt to each person who | 10334 |
pays a supervision fee to the agency or clerk. | 10335 |
| 10336 |
monthly supervision fees collected under this section by a | 10337 |
probation agency or the clerk of a court shall be disposed of in | 10338 |
the following manner: | 10339 |
(1) For offenders who are under the control and supervision | 10340 |
of a county department of probation or a municipal court | 10341 |
department of probation in a county-operated municipal court, on | 10342 |
or before the fifth business day of each month, the chief | 10343 |
probation officer, the chief probation officer's designee, or the | 10344 |
clerk of the court shall pay all monthly supervision fees | 10345 |
collected in the previous month to the county treasurer of the | 10346 |
county in which the county department of probation or municipal | 10347 |
court department of probation is established for deposit into the | 10348 |
county probation services fund established in the county treasury | 10349 |
of that county pursuant to division (A)(1) section 321.44 of the | 10350 |
Revised Code. | 10351 |
(2) For offenders who are under the control and supervision | 10352 |
of a multicounty department of probation, on or before the fifth | 10353 |
business day of each month, the chief probation officer, the chief | 10354 |
probation officer's designee, or the clerk of the court shall pay | 10355 |
all monthly supervision fees collected in the previous month to | 10356 |
the county treasurer of the county in which is located the court | 10357 |
of
common pleas that placed the offender
| 10358 |
community control sanction under the control of the department for | 10359 |
deposit into the county probation services fund established in the | 10360 |
county treasury of that county pursuant to division (A)(1) of | 10361 |
section 321.44 of the Revised Code and for subsequent | 10362 |
appropriation and transfer in accordance with division (A)(2) of | 10363 |
that section to the appropriate multicounty probation services | 10364 |
fund established pursuant to division (B) of that section. | 10365 |
(3) For offenders who are under the control and supervision | 10366 |
of a municipal court department of probation in a municipal court | 10367 |
that is not a county-operated municipal court, on or before the | 10368 |
fifth business day of each month, the chief probation officer, the | 10369 |
chief probation officer's designee, or the clerk of the court | 10370 |
shall pay all monthly supervision fees collected in the previous | 10371 |
month to the treasurer of the municipal corporation for deposit | 10372 |
into the municipal probation services fund established pursuant to | 10373 |
section 737.41 of the Revised Code. | 10374 |
(4) For offenders who are under the control and supervision | 10375 |
of the adult parole authority, the clerk of the court of common | 10376 |
pleas, on or before the fifth business day of January, April, | 10377 |
July, and October, shall pay all monthly supervision fees | 10378 |
collected by the clerk in the previous three months to the | 10379 |
treasurer of the county in which is located the court of common | 10380 |
pleas that placed the offender
| 10381 |
control sanction under the control of the authority for deposit | 10382 |
into the county probation services fund established in the county | 10383 |
treasury of that county pursuant to division (A)(1) of section | 10384 |
321.44 of the Revised Code and for subsequent appropriation and | 10385 |
transfer in accordance with division (A)(2) of that section to the | 10386 |
adult parole authority probation services fund established | 10387 |
pursuant to section 5149.06 of the Revised Code. | 10388 |
| 10389 |
year, each probation agency shall prepare a report regarding its | 10390 |
use of money from a county probation services fund, a multicounty | 10391 |
probation services fund, a municipal probation services fund, or | 10392 |
the adult parole authority probation services fund, whichever is | 10393 |
applicable. The report shall specify the amount appropriated from | 10394 |
the fund to the probation agency during the current calendar year, | 10395 |
an estimate of the amount that the probation agency will expend by | 10396 |
the end of the year, a summary of how the amount appropriated has | 10397 |
been expended for probation services, and an estimate of the | 10398 |
amount of supervision fees that the probation agency will collect | 10399 |
and pay to the appropriate treasurer for deposit in the | 10400 |
appropriate fund in the next calendar year. The report shall be | 10401 |
filed with one of the following: | 10402 |
(1) If the probation agency is a county department of | 10403 |
probation or a municipal court department of probation in a | 10404 |
county-operated municipal court, with the board of county | 10405 |
commissioners of that county; | 10406 |
(2) If the probation agency is a multicounty department of | 10407 |
probation, with the board of county commissioners of the county | 10408 |
whose treasurer, in accordance with section 2301.27 of the Revised | 10409 |
Code, is designated as the treasurer to whom supervision fees | 10410 |
collected under this section are to be appropriated and | 10411 |
transferred under division (A)(2) of section 321.44 of the Revised | 10412 |
Code; | 10413 |
(3) If the probation agency is a department of probation of | 10414 |
a municipal court that is not a county-operated municipal court, | 10415 |
with the legislative authority of the municipal corporation that | 10416 |
operates the court; | 10417 |
(4) If the probation agency is the adult parole authority, | 10418 |
with the
| 10419 |
senate and the house of representatives, the directors of the | 10420 |
office of budget
and management and the legislative
| 10421 |
service commission, and the board of county commissioners in each | 10422 |
county for which the adult parole authority provides probation | 10423 |
services. | 10424 |
| 10425 |
of a municipal court collects any monthly supervision fees under | 10426 |
this section, the clerk may retain up to two per cent of the fees | 10427 |
so collected to cover any administrative costs experienced in | 10428 |
complying with the clerk's duties under this section. | 10429 |
Sec. 2951.041. (A)(1) If an offender is charged with a | 10430 |
criminal offense and the court has reason to believe that drug or | 10431 |
alcohol usage by the offender was a factor leading to the | 10432 |
offender's criminal behavior, the court may accept, prior to the | 10433 |
entry of a guilty plea, the offender's request for intervention in | 10434 |
lieu of conviction. The request shall include a waiver of the | 10435 |
defendant's right to a speedy trial, the preliminary hearing, the | 10436 |
time period within which the grand jury may consider an indictment | 10437 |
against the offender, and arraignment, unless the hearing, | 10438 |
indictment, or arraignment has already occurred. The court may | 10439 |
reject an offender's request without a hearing. If the court | 10440 |
elects to consider an offender's request, the court shall conduct | 10441 |
a hearing to determine whether the offender is eligible under this | 10442 |
section for intervention in lieu of conviction and shall stay all | 10443 |
criminal proceedings pending the outcome of the hearing. If the | 10444 |
court schedules a hearing, the court shall order an assessment of | 10445 |
the offender for the purpose of determining the offender's | 10446 |
eligibility for intervention in lieu of conviction and | 10447 |
recommending an appropriate intervention plan. | 10448 |
(2) The victim notification provisions of division (C) of | 10449 |
section 2930.08 of the Revised Code apply in relation to any | 10450 |
hearing held under division (A)(1) of this section. | 10451 |
(B) An offender is eligible for intervention in lieu of | 10452 |
conviction if the court finds all of the following: | 10453 |
(1) The offender previously has not been convicted of or | 10454 |
pleaded guilty to a felony, previously has not been through | 10455 |
intervention in lieu of conviction under this section or any | 10456 |
similar regimen, and is charged with a felony for which the court, | 10457 |
upon conviction, would impose sentence under division (B)(2)(b) of | 10458 |
section 2929.13 of the Revised Code or with a misdemeanor. | 10459 |
(2) The offense is not a felony of the first, second, or | 10460 |
third degree, is not an offense of violence, is not a violation of | 10461 |
division (A)(1) or (2) of section 2903.06 of the Revised Code, is | 10462 |
not a violation of division (A)(1) of section 2903.08 of the | 10463 |
Revised Code, is not a violation of division (A) of section | 10464 |
4511.19 of the Revised Code or a municipal ordinance that is | 10465 |
substantially similar to that division, and is not an offense for | 10466 |
which a sentencing court is required to impose a mandatory prison | 10467 |
term, a mandatory term of local incarceration, or a mandatory term | 10468 |
of imprisonment in a jail. | 10469 |
(3) The offender is not charged with a violation of section | 10470 |
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code and is | 10471 |
not charged with a violation of section 2925.11 of the Revised | 10472 |
Code that is a felony of the first, second, or third degree. | 10473 |
(4) The offender is not charged with a violation of section | 10474 |
2925.11 of the Revised Code that is a felony of the fourth degree, | 10475 |
or the offender is charged with a violation of that section that | 10476 |
is a felony of the fourth degree and the prosecutor in the case | 10477 |
has recommended that the offender be classified as being eligible | 10478 |
for intervention in lieu of conviction under this section. | 10479 |
(5) The offender has been assessed by an appropriately | 10480 |
licensed provider, certified facility, or licensed and | 10481 |
credentialed professional, including, but not limited to, a | 10482 |
program licensed by the department of alcohol and drug addiction | 10483 |
services pursuant to section 3793.11 of the Revised Code, a | 10484 |
program certified by that department pursuant to section 3793.06 | 10485 |
of the Revised Code, a public or private hospital, the United | 10486 |
States department of veterans affairs, another appropriate agency | 10487 |
of the government of the United States, or a licensed physician, | 10488 |
psychiatrist, psychologist, independent social worker, | 10489 |
professional counselor, or chemical dependency counselor for the | 10490 |
purpose of determining the offender's eligibility for intervention | 10491 |
in lieu of conviction and recommending an appropriate intervention | 10492 |
plan. | 10493 |
(6) The offender's drug or alcohol usage was a factor | 10494 |
leading to the criminal offense with which the offender is | 10495 |
charged, intervention in lieu of conviction would not demean the | 10496 |
seriousness of the offense, and intervention would substantially | 10497 |
reduce the likelihood of any future criminal activity. | 10498 |
(7) The alleged victim of the offense was not sixty-five | 10499 |
years of age or older, permanently and totally disabled, under | 10500 |
thirteen years of age, or a peace officer engaged in the officer's | 10501 |
official duties at the time of the alleged offense. | 10502 |
(8) If the offender is charged with a violation of section | 10503 |
2925.24 of the Revised Code, the alleged violation did not result | 10504 |
in physical harm to any person, and the offender previously has | 10505 |
not been treated for drug abuse. | 10506 |
(9) The offender is willing to comply with all terms and | 10507 |
conditions imposed by the court pursuant to division (D) of this | 10508 |
section. | 10509 |
(C) At the conclusion of a hearing held pursuant to division | 10510 |
(A) of this section, the court shall enter its determination as to | 10511 |
whether the offender is eligible for intervention in lieu of | 10512 |
conviction and as to whether to grant the offender's request. If | 10513 |
the court finds under division (B) of this section that the | 10514 |
offender is eligible for intervention in lieu of conviction and | 10515 |
grants the offender's request, the court shall accept the | 10516 |
offender's plea of guilty and waiver of the defendant's right to a | 10517 |
speedy trial, the preliminary hearing, the time period within | 10518 |
which the grand jury may consider an indictment against the | 10519 |
offender, and arraignment, unless the hearing, indictment, or | 10520 |
arraignment has already occurred. In addition, the court then may | 10521 |
stay all criminal proceedings and order the offender to comply | 10522 |
with all terms and conditions imposed by the court pursuant to | 10523 |
division (D) of this section. If the court finds that the | 10524 |
offender is not eligible or does not grant the offender's request, | 10525 |
the criminal proceedings against the offender shall proceed as if | 10526 |
the offender's request for intervention in lieu of conviction had | 10527 |
not been made. | 10528 |
(D) If the court grants an offender's request for | 10529 |
intervention in lieu of conviction, the court shall place the | 10530 |
offender under the general control and supervision of the county | 10531 |
probation department, the adult parole authority, or another | 10532 |
appropriate local probation or court services agency, if one | 10533 |
exists, as if the offender was subject to a community control | 10534 |
sanction imposed under section 2929.15
| 10535 |
the Revised
Code
| 10536 |
10537 | |
10538 | |
intervention plan for the offender. The terms and conditions of | 10539 |
the intervention plan shall require the offender, for at least one | 10540 |
year from the date on which the court grants the order of | 10541 |
intervention in lieu of conviction, to abstain from the use of | 10542 |
illegal drugs and alcohol and to submit to regular random testing | 10543 |
for drug and alcohol use and may include any other treatment terms | 10544 |
and conditions, or terms and conditions similar to community | 10545 |
control sanctions, that are ordered by the court. | 10546 |
(E) If the court grants an offender's request for | 10547 |
intervention in lieu of conviction and the court finds that the | 10548 |
offender has successfully completed the intervention plan for the | 10549 |
offender, including the requirement that the offender abstain from | 10550 |
using drugs and alcohol for a period of at least one year from the | 10551 |
date on which the court granted the order of intervention in lieu | 10552 |
of conviction and all other terms and conditions ordered by the | 10553 |
court, the court shall dismiss the proceedings against the | 10554 |
offender. Successful completion of the intervention plan and | 10555 |
period of abstinence under this section shall be without | 10556 |
adjudication of guilt and is not a criminal conviction for | 10557 |
purposes of any disqualification or disability imposed by law and | 10558 |
upon conviction of a crime, and the court may order the sealing of | 10559 |
records related to the offense in question in the manner provided | 10560 |
in sections 2953.31 to 2953.36 of the Revised Code. | 10561 |
(F) If the court grants an offender's request for | 10562 |
intervention in lieu of conviction and the offender fails to | 10563 |
comply with any term or condition imposed as part of the | 10564 |
intervention plan for the offender, the supervising authority for | 10565 |
the offender promptly shall advise the court of this failure, and | 10566 |
the court shall hold a hearing to determine whether the offender | 10567 |
failed to comply with any term or condition imposed as part of the | 10568 |
plan. If the court determines that the offender has failed to | 10569 |
comply with any of those terms and conditions, it shall enter a | 10570 |
finding of guilty and shall impose an appropriate sanction under | 10571 |
Chapter 2929. of the Revised Code. | 10572 |
(G) As used in this section: | 10573 |
(1) "Community control sanction" has the same meaning as in | 10574 |
section 2929.01 of the Revised Code. | 10575 |
(2) "Intervention in lieu of conviction" means any | 10576 |
court-supervised activity that complies with this section. | 10577 |
(3) "Peace officer" has the same meaning as in section | 10578 |
2935.01 of the Revised Code. | 10579 |
Sec. 2951.05. (A)
| 10580 |
10581 | |
10582 | |
10583 | |
10584 | |
10585 | |
10586 | |
10587 | |
10588 | |
10589 | |
10590 | |
10591 | |
10592 | |
10593 | |
10594 | |
10595 | |
10596 | |
10597 | |
10598 | |
10599 | |
10600 | |
10601 | |
10602 | |
10603 |
| 10604 |
department of probation, or the adult parole
authority | 10605 |
10606 | |
control and supervision of offenders who are required to submit to | 10607 |
random drug testing under division
| 10608 |
10609 | |
nonresidential sanction that includes random drug testing under | 10610 |
section 2929.17 or 2929.27 of the Revised Code, may cause each | 10611 |
offender to submit to random drug testing performed by a | 10612 |
laboratory or entity that has entered into a contract with any of | 10613 |
the governmental entities or officers authorized to enter into a | 10614 |
contract with that laboratory or entity under section 341.26, | 10615 |
753.33, or 5120.63 of the Revised Code. | 10616 |
(2) If no laboratory or entity described in division | 10617 |
10618 | |
in
| 10619 |
probation, the multicounty department of probation, or the adult | 10620 |
parole authority, as appropriate, that has general control and | 10621 |
supervision of offenders
| 10622 |
10623 | |
performed by a reputable public laboratory to determine whether | 10624 |
the individual who is the subject of the drug test ingested or was | 10625 |
injected with a drug of abuse. | 10626 |
(3) A laboratory or entity that has entered into a contract | 10627 |
10628 | |
10629 | |
random drug testing
| 10630 |
accordance with the applicable standards that are included in the | 10631 |
terms of that contract. A public laboratory shall perform the | 10632 |
random drug tests
| 10633 |
accordance with the standards set forth in the policies and | 10634 |
procedures established by the department of rehabilitation and | 10635 |
correction pursuant to section 5120.63 of the Revised Code. An | 10636 |
offender
| 10637 |
10638 | |
is subject to a nonresidential sanction that includes random drug | 10639 |
testing under section 2929.17 or 2929.27 of the Revised Code shall | 10640 |
pay the fee for the drug test if the test results indicate that | 10641 |
the offender ingested or was injected with a drug of abuse and if | 10642 |
the county department of probation, the multicounty department of | 10643 |
probation, or the adult parole authority that has general control | 10644 |
and supervision of the offender requires payment of a fee. A | 10645 |
laboratory or entity that performs the random drug testing on an | 10646 |
offender
| 10647 |
transmit the results of the drug test to the appropriate county | 10648 |
probation department, multicounty probation department, or adult | 10649 |
parole authority that has general control and supervision of the | 10650 |
offender. | 10651 |
| 10652 |
(1) "Multicounty department of probation" means a probation | 10653 |
department established under section 2301.27 of the Revised Code | 10654 |
to serve more than one county. | 10655 |
(2) "Random drug testing" has the same meaning as in section | 10656 |
5120.63 of the Revised Code. | 10657 |
Sec. 2951.06. Upon entry in the records of the judge or | 10658 |
magistrate | 10659 |
control sanction
provided for in section
| 10660 |
2929.25 of the Revised Code, the defendant shall be released from | 10661 |
custody as soon as the requirements and conditions required by the | 10662 |
judge supervising the
| 10663 |
been met. The defendant shall continue under the control and | 10664 |
supervision of the
| 10665 |
10666 | |
appropriate probation agency, to the extent required by law, the | 10667 |
conditions of the
| 10668 |
and the rules and
regulations governing
| 10669 |
probation agency. | 10670 |
Sec. 2951.07. | 10671 |
10672 | |
the judge or magistrate determines and, subject to
| 10673 |
10674 | |
or2929.25of the Revised Code,
may be extended.
| 10675 |
10676 | |
10677 | |
10678 | |
10679 | |
court
without
permission from the
| 10680 |
officer, the probation agency, or the court to do so, or if the | 10681 |
10682 | |
commission
of any offense
| 10683 |
community
control ceases to run until
| 10684 |
10685 | |
action. | 10686 |
Sec. 2951.08. (A) During a period of
| 10687 |
control, any field officer or probation officer may arrest the | 10688 |
person
| 10689 |
a warrant and bring the person before the judge or magistrate | 10690 |
before whom the
cause was pending. During a period of
| 10691 |
10692 | |
10693 | |
upon the written
order of the chief
| 10694 |
the probation agency if the person
| 10695 |
community control sanction is under the supervision of that
| 10696 |
10697 | |
the adult parole authority created pursuant to section 5149.02 of | 10698 |
the Revised Code if the person
| 10699 |
control sanction is under the supervision of the authority. During | 10700 |
a period of
| 10701 |
arrest the person
| 10702 |
sanction on the warrant of the judge or magistrate before whom the | 10703 |
cause was pending. | 10704 |
During a period of
| 10705 |
officer
may arrest the person
| 10706 |
control sanction without a warrant if the peace officer has | 10707 |
reasonable ground to believe that the person has violated or is | 10708 |
violating any of the following that is a condition of the person's | 10709 |
10710 |
(1) A condition that prohibits ownership, possession, or use | 10711 |
of a firearm, deadly weapon, ammunition, or dangerous ordnance; | 10712 |
(2) A condition that prohibits the person from being within | 10713 |
a specified structure or geographic area; | 10714 |
(3) A condition that confines the person to a residence, | 10715 |
facility, or other structure; | 10716 |
(4) A condition that prohibits the person from contacting or | 10717 |
communicating with any specified individual; | 10718 |
(5) A condition that prohibits the person from associating | 10719 |
with a specified individual; | 10720 |
(6) A condition as provided in division
| 10721 |
of section
| 10722 |
(A)(1) of section 2929.15 or (A)(8) of section 2929.27 of the | 10723 |
Revised Code that requires that the person not ingest or be | 10724 |
injected with a drug of abuse and submit to random drug testing | 10725 |
and requires that the results of the drug test indicate that the | 10726 |
person did not ingest or was not injected with a drug of abuse. | 10727 |
(B) Upon making an arrest under this section, the arresting | 10728 |
field officer, probation officer, or peace officer or the | 10729 |
department or agency of the arresting officer promptly shall | 10730 |
notify the chief probation officer or the chief probation | 10731 |
officer's designee that the person has been arrested. Upon being | 10732 |
notified that a peace officer has made an arrest under this | 10733 |
section, the chief probation officer or designee, or another | 10734 |
probation officer designated by the chief probation officer, | 10735 |
promptly shall bring the person who was arrested before the judge | 10736 |
or magistrate before whom the cause was pending. | 10737 |
(C) Nothing in this section limits the powers of arrest | 10738 |
granted to certain law enforcement officers and citizens under | 10739 |
sections 2935.03 and 2935.04 of the Revised Code. | 10740 |
(D) A probation officer shall receive the actual and | 10741 |
necessary expenses incurred in the performance of the officer's | 10742 |
duties. | 10743 |
(E) As used in this section | 10744 |
| 10745 |
10746 |
| 10747 |
10748 |
| 10749 |
10750 |
| 10751 |
in section 5120.63 of the Revised Code. | 10752 |
Sec. 2951.10. An order suspending the imposition of a | 10753 |
sentence for a misdemeanor under section 2929.25 of the Revised | 10754 |
Code and placing the
defendant
| 10755 |
control sanction is a final order from which appeal may be | 10756 |
prosecuted. | 10757 |
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of the | 10758 |
Revised Code: | 10759 |
(A) "First offender" means anyone who has been convicted of | 10760 |
an offense in this state or any other jurisdiction and who | 10761 |
previously or subsequently has not been convicted of the same or a | 10762 |
different offense in this state or any other jurisdiction. When | 10763 |
two or more convictions result from or are connected with the same | 10764 |
act or result from offenses committed at the same time, they shall | 10765 |
be counted as one conviction. When two or three convictions | 10766 |
result from the same indictment, information, or complaint, from | 10767 |
the same plea of guilty, or from the same official proceeding, and | 10768 |
result from related criminal acts that were committed within a | 10769 |
three-month period but do not result from the same act or from | 10770 |
offenses committed at the same time, they shall be counted as one | 10771 |
conviction, provided that a court may decide as provided in | 10772 |
division (C)(1)(a) of section 2953.32 of the Revised Code that it | 10773 |
is not in the public interest for the two or three convictions to | 10774 |
be counted as one conviction. | 10775 |
For purposes of, and except as otherwise provided in, this | 10776 |
division, a conviction for a minor misdemeanor, for a violation | 10777 |
of any section in Chapter 4507., 4510., 4511., 4513., or 4549. of | 10778 |
the Revised Code, or for a violation of a municipal ordinance | 10779 |
that is substantially similar to any section in those chapters is | 10780 |
not a previous or subsequent conviction. However, a conviction | 10781 |
for a violation of section 4511.19, 4511.251, 4549.02, 4549.021, | 10782 |
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of | 10783 |
the Revised Code, for a violation of section 4510.11 or 4510.14 | 10784 |
of the Revised Code that is based upon the offender's operation of | 10785 |
a vehicle during a suspension imposed under section 4511.191 or | 10786 |
4511.196 of the Revised Code, for a violation of a substantially | 10787 |
equivalent municipal ordinance, for a felony violation of Title | 10788 |
XLV of the Revised Code, or for a violation of a substantially | 10789 |
equivalent former law of this state or former municipal ordinance | 10790 |
shall be considered a previous or subsequent conviction. | 10791 |
(B) "Prosecutor" means the county prosecuting attorney, city | 10792 |
director of law, village solicitor, or similar chief legal | 10793 |
officer, who has the authority to prosecute a criminal case in the | 10794 |
court in which the case is filed. | 10795 |
(C) "Bail forfeiture" means the forfeiture of bail by a | 10796 |
defendant who is arrested for the commission of a misdemeanor, | 10797 |
other than a defendant in a traffic case as defined in Traffic | 10798 |
Rule 2, if the forfeiture is pursuant to an agreement with the | 10799 |
court and prosecutor in the case. | 10800 |
(D) "Official records" has the same meaning as in division | 10801 |
(D) of section 2953.51 of the Revised Code. | 10802 |
(E) "Official proceeding" has the same meaning as in section | 10803 |
2921.01 of the Revised Code. | 10804 |
(F) "Community control sanction" has the same meaning as in | 10805 |
section 2929.01 of the Revised Code. | 10806 |
(G) "Post-release control" and "post-release control | 10807 |
sanction" have the same meanings as in section 2967.01 of the | 10808 |
Revised Code. | 10809 |
Sec. 2953.32. (A)(1) Except as provided in section 2953.61 | 10810 |
of the Revised Code, a first offender may apply to the sentencing | 10811 |
court if convicted in this state, or to a court of common pleas if | 10812 |
convicted in another state or in a federal court, for the sealing | 10813 |
of the conviction record. Application may be made at the | 10814 |
expiration of three years after the offender's final discharge if | 10815 |
convicted of a felony, or at the expiration of one year after the | 10816 |
offender's final discharge if convicted of a misdemeanor. | 10817 |
(2) Any person who has been arrested for any misdemeanor | 10818 |
offense and who has effected a bail forfeiture may apply to the | 10819 |
court in which the misdemeanor criminal case was pending when bail | 10820 |
was forfeited for the sealing of the record of the case. Except | 10821 |
as provided in section 2953.61 of the Revised Code, the | 10822 |
application may be filed at any time after the expiration of one | 10823 |
year from the date on which the bail forfeiture was entered upon | 10824 |
the minutes of the court or the journal, whichever entry occurs | 10825 |
first. | 10826 |
(B) Upon the filing of an application under this section, | 10827 |
the court shall set a date for a hearing and shall notify the | 10828 |
prosecutor for the case of the hearing on the application. The | 10829 |
prosecutor may object to the granting of the application by filing | 10830 |
an objection with the court prior to the date set for the hearing. | 10831 |
The prosecutor shall specify in the objection the reasons for | 10832 |
believing a denial of the application is justified. The court | 10833 |
shall direct its regular probation officer, a state probation | 10834 |
officer, or the department of probation of the county in which the | 10835 |
applicant resides to make inquiries and written reports as the | 10836 |
court requires concerning the applicant. | 10837 |
(C)(1) The court shall do each of the following: | 10838 |
(a) Determine whether the applicant is a first offender or | 10839 |
whether the forfeiture of bail was agreed to by the applicant and | 10840 |
the prosecutor in the case. If the applicant applies as a first | 10841 |
offender pursuant to division (A)(1) of this section and has two | 10842 |
or three convictions that result from the same indictment, | 10843 |
information, or complaint, from the same plea of guilty, or from | 10844 |
the same official proceeding, and result from related criminal | 10845 |
acts that were committed within a three-month period but do not | 10846 |
result from the same act or from offenses committed at the same | 10847 |
time, in making its determination under this division, the court | 10848 |
initially shall determine whether it is not in the public interest | 10849 |
for the two or three convictions to be counted as one conviction. | 10850 |
If the court determines that it is not in the public interest for | 10851 |
the two or three convictions to be counted as one conviction, the | 10852 |
court shall determine that the applicant is not a first offender; | 10853 |
if the court does not make that determination, the court shall | 10854 |
determine that the offender is a first offender. | 10855 |
(b) Determine whether criminal proceedings are pending | 10856 |
against the applicant; | 10857 |
(c) If the applicant is a first offender who applies | 10858 |
pursuant to division (A)(1) of this section, determine whether the | 10859 |
applicant has been rehabilitated to the satisfaction of the court; | 10860 |
(d) If the prosecutor has filed an objection in accordance | 10861 |
with division (B) of this section, consider the reasons against | 10862 |
granting the application specified by the prosecutor in the | 10863 |
objection; | 10864 |
(e) Weigh the interests of the applicant in having the | 10865 |
records pertaining to the applicant's conviction sealed against | 10866 |
the legitimate needs, if any, of the government to maintain those | 10867 |
records. | 10868 |
(2) If the court determines, after complying with division | 10869 |
(C)(1) of this section, that the applicant is a first offender or | 10870 |
the subject of a bail forfeiture, that no criminal proceeding is | 10871 |
pending against the applicant, and that the interests of the | 10872 |
applicant in having the records pertaining to the applicant's | 10873 |
conviction or bail forfeiture sealed are not outweighed by any | 10874 |
legitimate governmental needs to maintain those records, and that | 10875 |
the rehabilitation of an applicant who is a first offender | 10876 |
applying pursuant to division (A)(1) of this section has been | 10877 |
attained to the satisfaction of the court, the court, except as | 10878 |
provided in division (G) of this section, shall order all official | 10879 |
records pertaining to the case sealed and, except as provided in | 10880 |
division (F) of this section, all index references to the case | 10881 |
deleted and, in the case of bail forfeitures, shall dismiss the | 10882 |
charges in the case. The proceedings in the case shall be | 10883 |
considered not to have occurred and the conviction or bail | 10884 |
forfeiture of the person who is the subject of the proceedings | 10885 |
shall be sealed, except that upon conviction of a subsequent | 10886 |
offense, the sealed record of prior conviction or bail forfeiture | 10887 |
may be considered by the court in determining the sentence or | 10888 |
other appropriate disposition, including the relief provided for | 10889 |
in sections 2953.31 to 2953.33 of the Revised Code. | 10890 |
(3) Upon the filing of an application under this section, | 10891 |
the applicant, unless indigent, shall pay a fee of fifty dollars. | 10892 |
The court shall pay thirty dollars of the fee into the state | 10893 |
treasury. It shall pay twenty dollars of the fee into the county | 10894 |
general revenue fund if the sealed conviction or bail forfeiture | 10895 |
was pursuant to a state statute, or into the general revenue fund | 10896 |
of the municipal corporation involved if the sealed conviction or | 10897 |
bail forfeiture was pursuant to a municipal ordinance. | 10898 |
(D) Inspection of the sealed records included in the order | 10899 |
may be made only by the following persons or for the following | 10900 |
purposes: | 10901 |
(1) By a law enforcement officer or prosecutor, or the | 10902 |
assistants of either, to determine whether the nature and | 10903 |
character of the offense with which a person is to be charged | 10904 |
would be affected by virtue of the person's previously having been | 10905 |
convicted of a crime; | 10906 |
(2) By the parole or probation officer of the person who is | 10907 |
the subject of the records, for the exclusive use of the officer | 10908 |
in supervising the person while on parole or
| 10909 |
community control sanction or a post-release control sanction, and | 10910 |
in making inquiries and written reports as requested by the court | 10911 |
or adult parole authority; | 10912 |
(3) Upon application by the person who is the subject of the | 10913 |
records, by the persons named in the application; | 10914 |
(4) By a law enforcement officer who was involved in the | 10915 |
case, for use in the officer's defense of a civil action arising | 10916 |
out of the officer's involvement in that case; | 10917 |
(5) By a prosecuting attorney or the prosecuting attorney's | 10918 |
assistants, to determine a defendant's eligibility to enter a | 10919 |
pre-trial diversion program established pursuant to section | 10920 |
2935.36 of the Revised Code; | 10921 |
(6) By any law enforcement agency or any authorized employee | 10922 |
of a law enforcement agency or by the department of rehabilitation | 10923 |
and correction as part of a background investigation of a person | 10924 |
who applies for employment with the agency as a law enforcement | 10925 |
officer or with the department as a corrections officer; | 10926 |
(7) By any law enforcement agency or any authorized employee | 10927 |
of a law enforcement agency, for the purposes set forth in, and in | 10928 |
the manner provided in, section 2953.321 of the Revised Code; | 10929 |
(8) By the bureau of criminal identification and | 10930 |
investigation or any authorized employee of the bureau for the | 10931 |
purpose of providing information to a board or person pursuant to | 10932 |
division (F) or (G) of section 109.57 of the Revised Code; | 10933 |
(9) By the bureau of criminal identification and | 10934 |
investigation or any authorized employee of the bureau for the | 10935 |
purpose of performing a criminal history records check on a person | 10936 |
to whom a certificate as prescribed in section 109.77 of the | 10937 |
Revised Code is to be awarded. | 10938 |
When the nature and character of the offense with which a | 10939 |
person is to be charged would be affected by the information, it | 10940 |
may be used for the purpose of charging the person with an | 10941 |
offense. | 10942 |
(E) In any criminal proceeding, proof of any otherwise | 10943 |
admissible prior conviction may be introduced and proved, | 10944 |
notwithstanding the fact that for any such prior conviction an | 10945 |
order of sealing previously was issued pursuant to sections | 10946 |
2953.31 to 2953.36 of the Revised Code. | 10947 |
(F) The person or governmental agency, office, or department | 10948 |
that maintains sealed records pertaining to convictions or bail | 10949 |
forfeitures that have been sealed pursuant to this section may | 10950 |
maintain a manual or computerized index to the sealed records. The | 10951 |
index shall contain only the name of, and alphanumeric identifiers | 10952 |
that relate to, the persons who are the subject of the sealed | 10953 |
records, the word "sealed," and the name of the person, agency, | 10954 |
office, or department that has custody of the sealed records, and | 10955 |
shall not contain the name of the crime committed. The index shall | 10956 |
be made available by the person who has custody of the sealed | 10957 |
records only for the purposes set forth in divisions (C), (D), and | 10958 |
(E) of this section. | 10959 |
(G) Notwithstanding any provision of this section or section | 10960 |
2953.33 of the Revised Code that requires otherwise, a board of | 10961 |
education of a city, local, exempted village, or joint vocational | 10962 |
school district that maintains records of an individual who has | 10963 |
been permanently excluded under sections 3301.121 and 3313.662 of | 10964 |
the Revised Code is permitted to maintain records regarding a | 10965 |
conviction that was used as the basis for the individual's | 10966 |
permanent exclusion, regardless of a court order to seal the | 10967 |
record. An order issued under this section to seal the record of | 10968 |
a conviction does not revoke the adjudication order of the | 10969 |
superintendent of public instruction to permanently exclude the | 10970 |
individual who is the subject of the sealing order. An order | 10971 |
issued under this section to seal the record of a conviction of an | 10972 |
individual may be presented to a district superintendent as | 10973 |
evidence to support the contention that the superintendent should | 10974 |
recommend that the permanent exclusion of the individual who is | 10975 |
the subject of the sealing order be revoked. Except as otherwise | 10976 |
authorized by this division and sections 3301.121 and 3313.662 of | 10977 |
the Revised Code, any school employee in possession of or having | 10978 |
access to the sealed conviction records of an individual that were | 10979 |
the basis of a permanent exclusion of the individual is subject to | 10980 |
section 2953.35 of the Revised Code. | 10981 |
Sec. 2953.33. (A) Except as provided in division (G) of | 10982 |
section 2953.32 of the Revised Code, an order to seal the record | 10983 |
of a person's conviction restores the person who is the subject of | 10984 |
the order to all rights and privileges not otherwise restored by | 10985 |
termination of
the sentence or
| 10986 |
sanction or by final release on parole or post-release control. | 10987 |
(B) In any application for employment, license, or other | 10988 |
right or privilege, any appearance as a witness, or any other | 10989 |
inquiry, except as provided in division (E) of section 2953.32 of | 10990 |
the Revised Code, a person may be questioned only with respect to | 10991 |
convictions not sealed, bail forfeitures not expunged under | 10992 |
section 2953.42 of the Revised Code as it existed prior to June | 10993 |
29, 1988, and bail forfeitures not sealed, unless the question | 10994 |
bears a direct and substantial relationship to the position for | 10995 |
which the person is being considered. | 10996 |
Sec. 2961.01. (A) A person convicted of a felony under the | 10997 |
laws of this or any other state or the United States, unless the | 10998 |
conviction is reversed or annulled, is incompetent to be an | 10999 |
elector or juror or to hold an office of honor, trust, or profit. | 11000 |
When any person convicted of a felony under any law of that type | 11001 |
is granted
| 11002 |
pardon or is released under a non-jail community control sanction | 11003 |
or a post-release control sanction, the person is competent to be | 11004 |
an
elector during the period of
| 11005 |
parole, post-release control, or release or until the conditions | 11006 |
of the pardon have been performed or have transpired and is | 11007 |
competent to be an elector thereafter following final discharge. | 11008 |
The full pardon of a convict restores the rights and privileges so | 11009 |
forfeited under this section, but a pardon shall not release a | 11010 |
convict from the costs of the convict's conviction in this state, | 11011 |
unless so specified. | 11012 |
(B)As used in this section: | 11013 |
(1) "Community control sanction" has the same meaning as in | 11014 |
section 2929.01 of the Revised Code. | 11015 |
(2) "Non-jail community control sanction" means a community | 11016 |
control sanction that is neither a term in a community-based | 11017 |
correctional facility nor a term in a jail. | 11018 |
(3) "Post-release control" and "post-release control | 11019 |
sanction" have the same meanings as in section 2967.01 of the | 11020 |
Revised Code. | 11021 |
Sec. 2963.01. As used in sections 2963.01 to 2963.27 | 11022 |
11023 |
(A) "Governor" includes any person performing the functions | 11024 |
of governor by authority of the law of this state. | 11025 |
(B) "Executive authority" includes the governor, and any | 11026 |
person performing the functions of governor in a state other than | 11027 |
this state. | 11028 |
(C) "State," referring to a state other than this state, | 11029 |
includes any state or territory, organized or unorganized, of the | 11030 |
United States. | 11031 |
(D) "Community control sanction" has the same meaning as in | 11032 |
section 2929.01 of the Revised Code. | 11033 |
(E) "Post-release control" and "post-release control | 11034 |
sanction" have the same meanings as in section 2967.01 of the | 11035 |
Revised Code. | 11036 |
Sec. 2963.11. When, on the oath of a credible person before | 11037 |
any judge or magistrate of this state, any person within this | 11038 |
state is charged with the commission of any crime in any other | 11039 |
state and with having fled from justice, or with having been | 11040 |
convicted of a crime in that state and having escaped from | 11041 |
confinement, or having broken the terms of the person's
bail | 11042 |
11043 | |
control sanction
| 11044 |
11045 | |
11046 | |
complaint has been made before any judge or magistrate in this | 11047 |
state setting forth on the affidavit of any credible person in | 11048 |
another state that a crime has been committed in the other state | 11049 |
and that the accused has been charged in that state with the | 11050 |
commission of the crime,
and | 11051 |
having been convicted of a crime in that state and having escaped | 11052 |
from confinement, or having broken the terms of bail, probation, | 11053 |
or parole, and is believed to be in this state, the judge or | 11054 |
magistrate shall issue a warrant directed to any peace officer, | 11055 |
commanding the peace officer to apprehend the person named in the | 11056 |
warrant, wherever the person may be found in this state, and to | 11057 |
bring the person before the same or any other judge, magistrate, | 11058 |
or court
| 11059 |
the place where the arrest may be made, to answer the charge or | 11060 |
complaint and affidavit, and a certified copy of the sworn charge | 11061 |
or complaint and upon which the warrant is issued shall be | 11062 |
attached to the warrant. | 11063 |
This section does not apply to cases arising under section | 11064 |
2963.06 of the Revised Code. | 11065 |
Sec. 2963.20. Whenever the governor demands a person charged | 11066 |
with crime,
| 11067 |
the terms of
| 11068 |
state or violating the conditions of a community control sanction | 11069 |
or post-release control sanction imposed in this state, from the | 11070 |
executive authority of any other state, or from the chief justice | 11071 |
or an associate justice of the supreme court of the District of | 11072 |
Columbia authorized to receive
| 11073 |
the
United States,
| 11074 |
seal of this state, to
| 11075 |
receive the person so charged
and convey
| 11076 |
proper officer of the county in which the offense was committed. | 11077 |
Sec. 2963.21. When the return to this state of a person | 11078 |
charged with crime in this state is required, the prosecuting | 11079 |
attorney shall present to the governor a written application for a | 11080 |
requisition for the return of the person charged. The application | 11081 |
shall state the name of the person charged, the crime charged | 11082 |
against the person, the approximate time, place, and circumstances | 11083 |
of its commission, the state in which the person charged is | 11084 |
believed to be located, and the location of the person in that | 11085 |
state at the time the application is made. The prosecuting | 11086 |
attorney shall certify that in the prosecuting attorney's opinion | 11087 |
the ends of justice require the arrest and return of the person | 11088 |
charged to this state for trial and that the proceeding is not | 11089 |
instituted to enforce a private claim. | 11090 |
When the return to this state is required of a person who has | 11091 |
been convicted of a crime in this state and has escaped from | 11092 |
confinement or broken the terms of the person's bail,
| 11093 |
parole, community control sanction, or post-release control | 11094 |
sanction, the prosecuting attorney of the county in which the | 11095 |
offense was committed, the adult parole authority, or the warden | 11096 |
of the institution or sheriff of the county from which escape was | 11097 |
made shall present to the governor a written application for a | 11098 |
requisition for the return of the person. The application shall | 11099 |
state the person's name, the crime of which the person was | 11100 |
convicted, the circumstances of the person's escape from | 11101 |
confinement or of the breach of the terms of the person's bail, | 11102 |
11103 | |
control sanction, the state in which the person is believed to be | 11104 |
located, and the location of the person in that state at the time | 11105 |
the application is made. | 11106 |
An application presented under this section shall be verified | 11107 |
by affidavit, executed in duplicate, and accompanied by two | 11108 |
certified copies of the indictment returned, of the information | 11109 |
and affidavit filed, of the complaint made to the judge or | 11110 |
magistrate, stating the offense with which the accused is charged, | 11111 |
of the judgment of conviction, or of the sentence. The | 11112 |
prosecuting attorney, adult parole authority, warden, or sheriff | 11113 |
also may attach any other affidavits or documents in duplicate | 11114 |
that the prosecuting attorney, adult parole authority, warden, or | 11115 |
sheriff finds proper to be submitted with the application. One | 11116 |
copy of the application, with the action of the governor indicated | 11117 |
by indorsement on the application, and one of the certified copies | 11118 |
of the indictment, complaint, information, and affidavits, of the | 11119 |
judgment of conviction, or of the sentence shall be filed in the | 11120 |
office of the secretary of state to remain of record in that | 11121 |
office. The other copies of all papers shall be forwarded with | 11122 |
the governor's requisition. | 11123 |
Sec. 2967.02. (A)
| 11124 |
created by section 5149.02 of the Revised Code shall administer | 11125 |
sections 2967.01 to 2967.28 of the Revised Code, and other | 11126 |
sections of the Revised Code governing pardon,
| 11127 |
control sanctions,
post-release control, and
parole | 11128 |
11129 | |
11130 |
(B) The governor may grant a pardon after conviction, may | 11131 |
grant an absolute and entire pardon or a partial pardon, and may | 11132 |
grant a pardon upon conditions precedent or subsequent. | 11133 |
(C) The adult parole authority shall supervise all parolees. | 11134 |
The department of rehabilitation and correction has legal custody | 11135 |
of a parolee until the authority grants the parolee a final | 11136 |
release pursuant to section 2967.16 of the Revised Code. | 11137 |
(D) The department of rehabilitation and correction has | 11138 |
legal custody of a releasee until the adult parole authority | 11139 |
grants the releasee a final release pursuant to section 2967.16 of | 11140 |
the Revised Code. | 11141 |
Sec. 2967.22. Whenever it is brought to the attention of the | 11142 |
adult parole authority or a
| 11143 |
parolee,
| 11144 |
person under transitional control, or releasee appears to be a | 11145 |
mentally ill person subject to hospitalization by court order, as | 11146 |
defined in section 5122.01 of the Revised Code, or a mentally | 11147 |
retarded person subject to institutionalization by court order, as | 11148 |
defined in section 5123.01 of the Revised Code, the parole or | 11149 |
probation officer, subject to the approval of the chief of the | 11150 |
adult parole authority, the designee of the chief of the adult | 11151 |
parole authority, or the chief probation officer, may file an | 11152 |
affidavit under section 5122.11 or 5123.71 of the Revised Code. A | 11153 |
parolee,
| 11154 |
releasee who is involuntarily detained under Chapter 5122. or | 11155 |
5123. of the Revised Code shall receive credit against the period | 11156 |
of parole or
| 11157 |
post-release control for the period of involuntary detention. | 11158 |
If a parolee,
| 11159 |
sanction, person under transitional control, or releasee escapes | 11160 |
from an institution or facility within the department of mental | 11161 |
health or the department of mental retardation and developmental | 11162 |
disabilities, the superintendent of the institution immediately | 11163 |
shall notify the chief of the adult parole authority or the chief | 11164 |
probation officer. Notwithstanding the provisions of section | 11165 |
5122.26 of the Revised Code, the procedure for the apprehension, | 11166 |
detention, and return of the parolee,
| 11167 |
community control sanction, person under transitional control, or | 11168 |
releasee is the same as that provided for the apprehension, | 11169 |
detention, and return of persons who escape from institutions | 11170 |
operated by the department of rehabilitation and correction. If | 11171 |
the escaped parolee, person under transitional control, or | 11172 |
releasee is not apprehended and returned to the custody of the | 11173 |
department of mental health or the department of mental | 11174 |
retardation and developmental disabilities within ninety days | 11175 |
after the escape, the parolee, person under transitional control, | 11176 |
or releasee shall be discharged from the custody of the department | 11177 |
of mental health or the department of mental retardation and | 11178 |
developmental disabilities and returned to the custody of the | 11179 |
department of rehabilitation and correction. If the escaped | 11180 |
11181 | |
apprehended and returned to the custody of the department of | 11182 |
mental health or the department of mental retardation and | 11183 |
developmental disabilities within ninety days after the escape, | 11184 |
the
| 11185 |
discharged from the custody of the department of mental health or | 11186 |
the department of mental retardation and developmental | 11187 |
disabilities and returned to the custody of the court that | 11188 |
sentenced
| 11189 |
Sec. 2967.26. (A)(1) The department of rehabilitation and | 11190 |
correction, by rule, may establish a transitional control program | 11191 |
for the purpose of closely monitoring a prisoner's adjustment to | 11192 |
community supervision during the final one hundred eighty days of | 11193 |
the prisoner's confinement. If the department establishes a | 11194 |
transitional control program under this division, the adult parole | 11195 |
authority may transfer eligible prisoners to transitional control | 11196 |
status under the program during the final one hundred eighty days | 11197 |
of their confinement and under the terms and conditions | 11198 |
established by the department, shall provide for the confinement | 11199 |
as provided in this division of each eligible prisoner so | 11200 |
transferred, and shall supervise each eligible prisoner so | 11201 |
transferred in one or more community control sanctions. Each | 11202 |
eligible prisoner who is transferred to transitional control | 11203 |
status under the program shall be confined in a suitable facility | 11204 |
that is licensed pursuant to division (C) of section 2967.14 of | 11205 |
the Revised Code, or shall be confined in a residence the | 11206 |
department has approved for this purpose and be monitored pursuant | 11207 |
to an electronic monitoring device, as
defined in section
| 11208 |
2929.01 of the Revised Code. If the department establishes a | 11209 |
transitional control program under this division, the rules | 11210 |
establishing the program shall include criteria that define which | 11211 |
prisoners are eligible for the program, criteria that must be | 11212 |
satisfied to be approved as a residence that may be used for | 11213 |
confinement under the program of a prisoner that is transferred to | 11214 |
it and procedures for the department to approve residences that | 11215 |
satisfy those criteria, and provisions of the type described in | 11216 |
division (C) of this section. At a minimum, the criteria that | 11217 |
define which prisoners are eligible for the program shall provide | 11218 |
all of the following: | 11219 |
(a) That a prisoner is eligible for the program if the | 11220 |
prisoner is serving a prison term or term of imprisonment for an | 11221 |
offense committed prior to
| 11222 |
March 17, 1998, and if, at the time at which eligibility is being | 11223 |
determined, the prisoner would have been eligible for a furlough | 11224 |
under this section as it existed immediately prior to
| 11225 |
11226 | |
been eligible for conditional release under former section 2967.23 | 11227 |
of the Revised Code as that section existed immediately prior to | 11228 |
11229 |
(b) That no prisoner who is serving a mandatory prison term | 11230 |
is eligible for the program until after expiration of the | 11231 |
mandatory term; | 11232 |
(c) That no prisoner who is serving a prison term or term of | 11233 |
life imprisonment without parole imposed pursuant to section | 11234 |
2971.03 of the Revised Code is eligible for the program. | 11235 |
(2) At least three weeks prior to transferring to | 11236 |
transitional control under this section a prisoner who is serving | 11237 |
a term of imprisonment or prison term for an offense committed on | 11238 |
or after July 1, 1996, the adult parole authority shall give | 11239 |
notice of the pendency of the transfer to transitional control to | 11240 |
the court of common pleas of the county in which the indictment | 11241 |
against the prisoner was found and of the fact that the court may | 11242 |
disapprove the transfer of the prisoner to transitional control | 11243 |
and shall include a report prepared by the head of the state | 11244 |
correctional institution in which the prisoner is confined. The | 11245 |
head of the state correctional institution in which the prisoner | 11246 |
is confined, upon the request of the adult parole authority, shall | 11247 |
provide to the authority for inclusion in the notice sent to the | 11248 |
court under this division a report on the prisoner's conduct in | 11249 |
the institution and in any institution from which the prisoner may | 11250 |
have been transferred. The report shall cover the prisoner's | 11251 |
participation in school, vocational training, work, treatment, and | 11252 |
other rehabilitative activities and any disciplinary action taken | 11253 |
against the prisoner. If the court disapproves of the transfer of | 11254 |
the prisoner to transitional control, the court shall notify the | 11255 |
authority of the disapproval within thirty days after receipt of | 11256 |
the notice. If the court timely disapproves the transfer of the | 11257 |
prisoner to transitional control, the authority shall not proceed | 11258 |
with the transfer. If the court does not timely disapprove the | 11259 |
transfer of the prisoner to transitional control, the authority | 11260 |
may transfer the prisoner to transitional control. | 11261 |
(3) If the victim of an offense for which a prisoner was | 11262 |
sentenced to a prison term or term of imprisonment has requested | 11263 |
notification under section 2930.16 of the Revised Code and has | 11264 |
provided the department of rehabilitation and correction with the | 11265 |
victim's name and address, the adult parole authority, at least | 11266 |
three weeks prior to transferring the prisoner to transitional | 11267 |
control pursuant to this section, shall notify the victim of the | 11268 |
pendency of the transfer and of the victim's right to submit a | 11269 |
statement to the authority regarding the impact of the transfer of | 11270 |
the prisoner to transitional control. If the victim subsequently | 11271 |
submits a statement of that nature to the authority, the authority | 11272 |
shall consider the statement in deciding whether to transfer the | 11273 |
prisoner to transitional control. | 11274 |
(B) Each prisoner transferred to transitional control under | 11275 |
this section shall be confined in the manner described in division | 11276 |
(A) of this section during any period of time that the prisoner is | 11277 |
not actually working at the prisoner's approved employment, | 11278 |
engaged in a vocational training or another educational program, | 11279 |
engaged in another program designated by the director, or engaged | 11280 |
in other activities approved by the department. | 11281 |
(C) The department of rehabilitation and correction shall | 11282 |
adopt rules for transferring eligible prisoners to transitional | 11283 |
control, supervising and confining prisoners so transferred, | 11284 |
administering the transitional control program in accordance with | 11285 |
this section, and using the moneys deposited into the transitional | 11286 |
control fund established under division (E) of this section. | 11287 |
(D) The department of rehabilitation and correction may | 11288 |
adopt rules for the issuance of passes for the limited purposes | 11289 |
described in this division to prisoners who are transferred to | 11290 |
transitional control under this section. If the department adopts | 11291 |
rules of that nature, the rules shall govern the granting of the | 11292 |
passes and shall provide for the supervision of prisoners who are | 11293 |
temporarily released pursuant to one of those passes. Upon the | 11294 |
adoption of rules under this division, the department may issue | 11295 |
passes to prisoners who are transferred to transitional control | 11296 |
status under this section in accordance with the rules and the | 11297 |
provisions of this division. All passes issued under this | 11298 |
division shall be for a maximum of forty-eight hours and may be | 11299 |
issued only for the following purposes: | 11300 |
(1) To visit a dying relative; | 11301 |
(2) To attend the funeral of a relative; | 11302 |
(3) To visit with family; | 11303 |
(4) To otherwise aid in the rehabilitation of the prisoner. | 11304 |
(E) The adult parole authority may require a prisoner who is | 11305 |
transferred to transitional control to pay to the division of | 11306 |
parole and community services the reasonable expenses incurred by | 11307 |
the division in supervising or confining the prisoner while under | 11308 |
transitional control. Inability to pay those reasonable expenses | 11309 |
shall not be grounds for refusing to transfer an otherwise | 11310 |
eligible prisoner to transitional control. Amounts received by | 11311 |
the division of parole and community services under this division | 11312 |
shall be deposited into the transitional control fund, which is | 11313 |
hereby created in the state treasury and which hereby replaces and | 11314 |
succeeds the furlough services fund that formerly existed in the | 11315 |
state treasury. All moneys that remain in the furlough services | 11316 |
fund on
| 11317 |
be transferred on that date to the transitional control fund. The | 11318 |
transitional control fund shall be used solely to pay costs | 11319 |
related to the operation of the transitional control program | 11320 |
established under this section. The director of rehabilitation | 11321 |
and correction shall adopt rules in accordance with section 111.15 | 11322 |
of the Revised Code for the use of the fund. | 11323 |
(F) A prisoner who violates any rule established by the | 11324 |
department of rehabilitation and correction under division (A), | 11325 |
(C), or (D) of this section may be transferred to a state | 11326 |
correctional institution pursuant to rules adopted under division | 11327 |
(A), (C), or (D) of this section, but the prisoner shall receive | 11328 |
credit towards completing the prisoner's sentence for the time | 11329 |
spent under transitional control. | 11330 |
If a prisoner is transferred to transitional control under | 11331 |
this section, upon successful completion of the period of | 11332 |
transitional control, the prisoner may be released on parole or | 11333 |
under post-release control pursuant to section 2967.13 or 2967.28 | 11334 |
of the Revised Code and rules adopted by the department of | 11335 |
rehabilitation and correction. If the prisoner is released under | 11336 |
post-release control, the duration of the post-release control, | 11337 |
the type of post-release control sanctions that may be imposed, | 11338 |
the enforcement of the sanctions, and the treatment of prisoners | 11339 |
who violate any sanction applicable to the prisoner are governed | 11340 |
by section 2967.28 of the Revised Code. | 11341 |
Sec. 2969.11. As used in sections 2969.11 to 2969.14 of the | 11342 |
Revised Code: | 11343 |
(A) "Crime victims recovery fund" means the fund created by | 11344 |
division (D) of section
| 11345 |
(B) "Victim" means a person who suffers personal injury, | 11346 |
death, or property loss as a result of any of the following, or | 11347 |
the beneficiaries of an action for the wrongful death of any | 11348 |
person killed as a result of any of the following: | 11349 |
(1) An offense committed by an offender in whose name a | 11350 |
separate account is maintained in the crime victims recovery fund | 11351 |
pursuant to section 2969.12 of the Revised Code; | 11352 |
(2) The good faith effort of a person to prevent an offense | 11353 |
committed by an offender in whose name a separate account is | 11354 |
maintained in the crime victims recovery fund pursuant to section | 11355 |
2969.12 of the Revised Code; | 11356 |
(3) The good faith effort of a person to apprehend a person | 11357 |
suspected of engaging in an offense committed by an offender in | 11358 |
whose name a separate account is maintained in the crime victims | 11359 |
recovery fund pursuant to section 2969.12 of the Revised Code. | 11360 |
Sec. 2969.12. (A) The clerk of the court of claims shall | 11361 |
administer the crime victims recovery fund and shall maintain in | 11362 |
the fund in the name of each offender a separate account for money | 11363 |
received, or money received from the sale or other disposition of | 11364 |
property, pursuant to section
| 11365 |
in connection with that offender. The clerk shall distribute the | 11366 |
money in that separate account in accordance with division (C) of | 11367 |
this section. | 11368 |
(B) Notwithstanding a contrary provision of any section of | 11369 |
the Revised Code that deals with the limitation of actions, a | 11370 |
victim of an offense committed by an offender in whose name a | 11371 |
separate account is maintained in the crime victims recovery fund | 11372 |
may bring a civil action against the offender or the | 11373 |
representatives of the offender at any time within three years | 11374 |
after the establishment of the separate account. | 11375 |
In order to recover from a separate account maintained in the | 11376 |
fund in the name of an offender, a victim of that offender shall | 11377 |
do all of the following: | 11378 |
(1) Within the three-year period or, if the action was | 11379 |
initiated before the separate account was established, within | 11380 |
ninety days after the separate account is established, notify the | 11381 |
clerk of the court of claims that a civil action has been brought | 11382 |
against the offender or the representatives of the offender; | 11383 |
(2) Notify the clerk of the court of claims of the entry of | 11384 |
any judgment in the civil action; | 11385 |
(3) Within ninety days after the judgment in the civil | 11386 |
action is final or, if the judgment was obtained before the | 11387 |
separate account was established, within ninety days after the | 11388 |
separate account is established, request the clerk of the court of | 11389 |
claims to pay from the separate account the judgment that the | 11390 |
victim is awarded in the civil action. | 11391 |
If a civil action is brought against an offender or the | 11392 |
representatives of the offender after the expiration of the | 11393 |
statute of limitations that would apply to the civil action but | 11394 |
for this division, the court shall state in a judgment in favor of | 11395 |
the victim that the judgment may be enforced only against the | 11396 |
separate account maintained in the name of that offender in the | 11397 |
crime victims recovery fund. | 11398 |
(C)(1) The clerk of the court of claims shall not make a | 11399 |
payment from the separate account maintained in the name of an | 11400 |
offender in the crime victims recovery fund to a victim of the | 11401 |
offender until the expiration of the later of the following | 11402 |
periods: | 11403 |
(a) The expiration of three years after the establishment of | 11404 |
the separate account, provided that no action of which the clerk | 11405 |
was notified under division (B)(1) of this section is pending; | 11406 |
(b) If three years has elapsed since the establishment of | 11407 |
the separate account and if one or more actions of which the clerk | 11408 |
was notified under division (B)(1) of this section is pending at | 11409 |
the expiration of that three-year period, the date of the final | 11410 |
disposition of the last of those pending actions. | 11411 |
(2) Upon the expiration of the applicable period of time set | 11412 |
forth in division (C)(1) of this section, the clerk of the court | 11413 |
of claims shall make payments from the separate account maintained | 11414 |
in the name of the offender in the crime victims recovery fund to | 11415 |
the victims of the offender who obtained a judgment against the | 11416 |
offender or the representatives of the offender for damages | 11417 |
resulting from the offense committed by the offender. The | 11418 |
payments shall be made as provided in this division. | 11419 |
When a separate account is maintained in the name of an | 11420 |
offender in the crime victims recovery fund, the clerk of the | 11421 |
court of claims shall determine on the second day of January and | 11422 |
the first day of April, July, and October of each year the amount | 11423 |
of money in that separate account. After the expiration of the | 11424 |
applicable period of time set forth in division (C)(1) of this | 11425 |
section, the clerk shall pay from that separate account any | 11426 |
judgment for which a victim of that offender has requested payment | 11427 |
pursuant to division (B)(3) of this section and has requested | 11428 |
payment prior to the date of the most recent quarterly | 11429 |
determination described in this division. If at a time that | 11430 |
payments would be made from that separate account there are | 11431 |
insufficient funds in that separate account to pay all of the | 11432 |
applicable judgments against the offender or the representatives | 11433 |
of the offender, the clerk of the court of claims shall pay the | 11434 |
judgments on a pro rata basis. | 11435 |
Sec. 2969.13. All moneys that are collected pursuant to | 11436 |
section
| 11437 |
deposited in the crime victims recovery fund shall be credited by | 11438 |
the treasurer of state to the fund. Any interest earned on the | 11439 |
money in the fund shall be credited to the fund. | 11440 |
Sec. 2969.14. (A) If a separate account has been maintained | 11441 |
in the name of an offender in the crime victims recovery fund and | 11442 |
if there is no further requirement to pay into the fund money, or | 11443 |
the monetary value of property, pursuant to
section
| 11444 |
2929.32 of the Revised Code, unless otherwise ordered by a court | 11445 |
of record in which a judgment has been rendered against the | 11446 |
offender or the representatives of the offender, the clerk of the | 11447 |
court of claims shall pay the money remaining in the separate | 11448 |
account in accordance with division (B) of this section, if all of | 11449 |
the following apply: | 11450 |
(1) The applicable period of time that governs the making of | 11451 |
payments from the separate account, as set forth in division | 11452 |
(C)(1) of section 2969.12 of the Revised Code, has elapsed. | 11453 |
(2) None of the civil actions against the offender or the | 11454 |
representatives of the offender of which the clerk of the court of | 11455 |
claims has been notified pursuant to division (B)(1) of section | 11456 |
2969.12 of the Revised Code is pending. | 11457 |
(3) All judgments for which payment was requested pursuant | 11458 |
to division (B)(3) of section 2969.12 of the Revised Code have | 11459 |
been paid. | 11460 |
(B) If the clerk of the court of claims is required by | 11461 |
division (A) of this section to pay the money remaining in the | 11462 |
separate account established in the name of an offender in | 11463 |
accordance with this division, the clerk shall pay the money as | 11464 |
follows: | 11465 |
(1) If the offender was confined for a felony in a prison or | 11466 |
other facility operated by the department of rehabilitation and | 11467 |
correction under a sanction imposed pursuant to section 2929.14 or | 11468 |
2929.16 of the Revised Code, the clerk shall pay the money to the | 11469 |
treasurer of state, in accordance with division (C)(1) of section | 11470 |
2929.18 of the Revised Code, to cover the costs of the | 11471 |
confinement. If any money remains in the separate account after | 11472 |
the payment of the costs of the confinement pursuant to this | 11473 |
division, the clerk shall pay the remaining money in accordance | 11474 |
with divisions (B)(2), (3), and (5) of this section. | 11475 |
(2) If the offender was confined for a felony in a facility | 11476 |
operated by a county or a municipal corporation, after payment of | 11477 |
any costs required to be paid under division (B)(1) of this | 11478 |
section, the clerk shall pay the money to the treasurer of the | 11479 |
county or of the municipal corporation that operated the facility, | 11480 |
in accordance with division (C)(2) or (3) of section 2929.18 of | 11481 |
the Revised Code, to cover the costs of the confinement. If more | 11482 |
than one county or municipal corporation operated a facility in | 11483 |
which the offender was confined, the clerk shall equitably | 11484 |
apportion the money among each of those counties and municipal | 11485 |
corporations. If any money remains in the separate account after | 11486 |
the payment of the costs of the confinement pursuant to this | 11487 |
division, the clerk shall pay the remaining money in accordance | 11488 |
with divisions (B)(3) and (5) of this section. | 11489 |
(3) If the offender was sentenced for a felony to any | 11490 |
community control sanction other than a sanction described in | 11491 |
division (B)(2) of this section, after payment of any costs | 11492 |
required to be paid under division (B)(1) or (2) of this section, | 11493 |
the clerk shall pay the money to the treasurer of the county or of | 11494 |
the municipal corporation that incurred costs pursuant to the | 11495 |
sanction, in accordance with division (C)(2) or (3) of section | 11496 |
2929.18 of the Revised Code, to cover the costs so incurred. If | 11497 |
more than one county or municipal corporation incurred costs | 11498 |
pursuant to the sanction, the clerk shall equitably apportion the | 11499 |
money among each of those counties and municipal corporations. If | 11500 |
any money remains in the separate account after the payment of the | 11501 |
costs of the sanction pursuant to this division, the clerk shall | 11502 |
pay the remaining money in accordance with division (B)(5) of this | 11503 |
section. | 11504 |
(4) If the offender was imprisoned or incarcerated for a | 11505 |
misdemeanor, to the treasurer of the political subdivision that | 11506 |
operates the facility in which the offender was imprisoned or | 11507 |
incarcerated, to cover the costs of the imprisonment or | 11508 |
incarceration. If more than one political subdivision operated a | 11509 |
facility in which the offender was confined, the clerk shall | 11510 |
equitably apportion the money among each of those political | 11511 |
subdivisions. If any money remains in the separate account after | 11512 |
the payment of the costs of the imprisonment or incarceration | 11513 |
under this division, the clerk shall pay the remaining money in | 11514 |
accordance with division (B)(5) of this section. | 11515 |
(5) If any money remains in the separate account after | 11516 |
payment of any costs required to be paid under division (B)(1), | 11517 |
(2), (3), or (4) of this section, or if no provision of division | 11518 |
(B)(1), (2), (3), or (4) of this section applies, the clerk shall | 11519 |
distribute the amount of the money remaining in the separate | 11520 |
account as otherwise provided by law for the distribution of money | 11521 |
paid in satisfaction of a fine, as if that amount was a fine paid | 11522 |
by the offender. | 11523 |
Sec. 3313.65. (A) As used in this section and section | 11524 |
3313.64 of the Revised Code: | 11525 |
(1) A person is "in a residential facility" if the person is | 11526 |
a resident or a resident patient of an institution, home, or other | 11527 |
residential facility that is: | 11528 |
(a) Licensed as a nursing home, residential care facility, | 11529 |
or home for the aging by the director of health under section | 11530 |
3721.02 of the Revised Code or licensed as a community alternative | 11531 |
home by the director of health under section 3724.03 of the | 11532 |
Revised Code; | 11533 |
(b) Licensed as an adult care facility by the director of | 11534 |
health under Chapter 3722. of the Revised Code; | 11535 |
(c) Maintained as a county home or district home by the | 11536 |
board of county commissioners or a joint board of county | 11537 |
commissioners under Chapter 5155. of the Revised Code; | 11538 |
(d) Operated or administered by a board of alcohol, drug | 11539 |
addiction, and mental health services under section 340.03 or | 11540 |
340.06 of the Revised Code, or provides residential care pursuant | 11541 |
to contracts made under section 340.03 or 340.033 of the Revised | 11542 |
Code; | 11543 |
(e) Maintained as a state institution for the mentally ill | 11544 |
under Chapter 5119. of the Revised Code; | 11545 |
(f) Licensed by the department of mental health under | 11546 |
section 5119.20 or 5119.22 of the Revised Code; | 11547 |
(g) Licensed as a residential facility by the department of | 11548 |
mental retardation and developmental disabilities under section | 11549 |
5123.19 of the Revised Code; | 11550 |
(h) Operated by the veteran's administration or another | 11551 |
agency of the United States government; | 11552 |
(i) The Ohio soldiers' and sailors' home. | 11553 |
(2) A person is "in a correctional facility" if any of the | 11554 |
following apply: | 11555 |
(a) The person is an Ohio resident and is: | 11556 |
(i) Imprisoned, as defined in section 1.05 of the Revised | 11557 |
Code; | 11558 |
(ii) Serving a term in a community-based correctional | 11559 |
facility or a district community-based correctional facility; | 11560 |
(iii) Required, as a condition of parole,
| 11561 |
post-release control sanction, a community control sanction, | 11562 |
transitional control, or early release from imprisonment, as a | 11563 |
condition of shock parole or shock probation granted under the law | 11564 |
in effect prior to July 1, 1996, or as a condition of a furlough | 11565 |
granted under the version of section 2967.26 of the Revised Code | 11566 |
in
effect prior to
| 11567 |
1998, to reside in a halfway house or other community residential | 11568 |
center licensed under section 2967.14 of the Revised Code or a | 11569 |
similar facility designated by the
| 11570 |
pleas that established the condition or by the adult parole | 11571 |
authority. | 11572 |
(b) The person is imprisoned in a state correctional | 11573 |
institution of another state or a federal correctional institution | 11574 |
but was an Ohio resident at the time the sentence was imposed for | 11575 |
the crime for which the person is imprisoned. | 11576 |
(3) A person is "in a juvenile residential placement" if the | 11577 |
person is an Ohio resident who is under twenty-one years of age | 11578 |
and has been removed, by the order of a juvenile court, from the | 11579 |
place the person resided at the time the person became subject to | 11580 |
the court's jurisdiction in the matter that resulted in the | 11581 |
person's removal. | 11582 |
(4)"Community control sanction" has the same meaning as in | 11583 |
section 2929.01 of the Revised Code. | 11584 |
(5) "Post-release control sanction" has the same meaning as | 11585 |
in section 2967.01 of the Revised Code. | 11586 |
(B) If the circumstances described in division (C) of this | 11587 |
section apply, the determination of what school district must | 11588 |
admit a child to its schools and what district, if any, is liable | 11589 |
for tuition shall be made in accordance with this section, rather | 11590 |
than section 3313.64 of the Revised Code. | 11591 |
(C) A child who does not reside in the school district in | 11592 |
which the child's parent resides and for whom a tuition obligation | 11593 |
previously has not been established under division (C)(2) of | 11594 |
section 3313.64 of the Revised Code shall be admitted to the | 11595 |
schools of the district in which the child resides if at least one | 11596 |
of the child's parents is in a residential or correctional | 11597 |
facility or a juvenile residential placement and the other parent, | 11598 |
if living and not in such a facility or placement, is not known to | 11599 |
reside in this state. | 11600 |
(D) Regardless of who has custody or care of the child, | 11601 |
whether the child resides in a home, or whether the child receives | 11602 |
special education, if a district admits a child under division (C) | 11603 |
of this section, tuition shall be paid to that district as | 11604 |
follows: | 11605 |
(1) If the child's parent is in a juvenile residential | 11606 |
placement, by the district in which the child's parent resided at | 11607 |
the time the parent became subject to the jurisdiction of the | 11608 |
juvenile court; | 11609 |
(2) If the child's parent is in a correctional facility, by | 11610 |
the district in which the child's parent resided at the time the | 11611 |
sentence was imposed; | 11612 |
(3) If the child's parent is in a residential facility, by | 11613 |
the district in which the parent resided at the time the parent | 11614 |
was admitted to the residential facility, except that if the | 11615 |
parent was transferred from another residential facility, tuition | 11616 |
shall be paid by the district in which the parent resided at the | 11617 |
time the parent was admitted to the facility from which the parent | 11618 |
first was transferred; | 11619 |
(4) In the event of a disagreement as to which school | 11620 |
district is liable for tuition under division (C)(1), (2), or (3) | 11621 |
of this section, the superintendent of public instruction shall | 11622 |
determine which district shall pay tuition. | 11623 |
(E) If a child covered by division (D) of this section | 11624 |
receives special education in accordance with Chapter 3323. of the | 11625 |
Revised Code, the tuition shall be paid in accordance with section | 11626 |
3323.13 or 3323.14 of the Revised Code. Tuition for children who | 11627 |
do not receive special education shall be paid in accordance with | 11628 |
division (I) of section 3313.64 of the Revised Code. | 11629 |
Sec. 3321.38. (A) No parent, guardian, or other person | 11630 |
having care of a child of compulsory school age shall violate any | 11631 |
provision of section 3321.01, 3321.03, 3321.04, 3321.07, 3321.10, | 11632 |
3321.19, 3321.20, or 3331.14 of the Revised Code. The juvenile | 11633 |
court, which has exclusive original jurisdiction over any | 11634 |
violation of this section pursuant to section 2151.23 of the | 11635 |
Revised Code, may require a person convicted of violating this | 11636 |
division to give bond in a sum of not more than five hundred | 11637 |
dollars with sureties to the approval of the court, conditioned | 11638 |
that the person will cause the child under the person's charge to | 11639 |
attend upon instruction as provided by law, and remain as a pupil | 11640 |
in the school or class during the term prescribed by law. If the | 11641 |
juvenile court adjudicates the child as an unruly or delinquent | 11642 |
child for being an habitual or chronic truant pursuant to section | 11643 |
2151.35 of the Revised Code, the court shall warn the parent, | 11644 |
guardian, or other person having care of the child that any | 11645 |
subsequent adjudication of that nature involving the child may | 11646 |
result in a criminal charge against the parent, guardian, or other | 11647 |
person having care of the child for a violation of division (C) of | 11648 |
section 2919.21 or section 2919.24 of the Revised Code. | 11649 |
(B) This section does not relieve from prosecution and | 11650 |
conviction any parent, guardian, or other person upon further | 11651 |
violation of any provision in any of the sections specified in | 11652 |
division (A) of this section, any provision of section 2919.222 or | 11653 |
2919.24 of the Revised Code, or division (C) of section 2919.21 of | 11654 |
the Revised Code. A forfeiture of the bond shall not relieve that | 11655 |
parent, guardian, or other person from prosecution and conviction | 11656 |
upon further violation of any provision in any of those sections | 11657 |
or that division. | 11658 |
(C) Section 4109.13 of the Revised Code applies to this | 11659 |
section. | 11660 |
(D) No parent, guardian, or other person having care of a | 11661 |
child of compulsary school age shall fail to give bond as required | 11662 |
by division (A) of this section in the sum of one hundred dollars | 11663 |
with sureties as required by the court. | 11664 |
Sec. 3345.04. (A) As used in this section, "felony" has the | 11665 |
same meaning as in section 109.511 of the Revised Code. | 11666 |
(B) Subject to division (C) of this section, the board of | 11667 |
trustees of a state university, the board of trustees of the | 11668 |
medical college of Ohio at Toledo, the board of trustees of the | 11669 |
northeastern Ohio universities college of medicine, the board of | 11670 |
trustees of a state community college, and the board of trustees | 11671 |
of a technical college or community college district operating a | 11672 |
technical or a community college may designate one or more | 11673 |
employees of the institution, as a state university law | 11674 |
enforcement officer, in accordance with section 109.77 of the | 11675 |
Revised Code, and, as state university law enforcement officers, | 11676 |
those employees shall take an oath of office, wear the badge of | 11677 |
office, serve as peace officers for the college or university, and | 11678 |
give bond to the state for the proper and faithful discharge of | 11679 |
their duties in the amount that the board of trustees requires. | 11680 |
(C)(1) The board of trustees of an institution listed in | 11681 |
division (B) of this section shall not designate an employee of | 11682 |
the institution as a state university law enforcement officer | 11683 |
pursuant to that division on a permanent basis, on a temporary | 11684 |
basis, for a probationary term, or on other than a permanent basis | 11685 |
if the employee previously has been convicted of or has pleaded | 11686 |
guilty to a felony. | 11687 |
(2)(a) The board of trustees shall terminate the employment | 11688 |
as a state university law enforcement officer of an employee | 11689 |
designated as a state university law enforcement officer under | 11690 |
division (B) of this section if that employee does either of the | 11691 |
following: | 11692 |
(i) Pleads guilty to a felony; | 11693 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 11694 |
plea agreement as provided in division (D) of
section
| 11695 |
2929.43 of the Revised Code in which the employee agrees to | 11696 |
surrender the certificate awarded to the employee under section | 11697 |
109.77 of the Revised Code. | 11698 |
(b) The board of trustees shall suspend from employment as a | 11699 |
state university law enforcement officer an employee designated as | 11700 |
a state university law enforcement officer under division (B) of | 11701 |
this section if that employee is convicted, after trial, of a | 11702 |
felony. If the state university law enforcement officer files an | 11703 |
appeal from that conviction and the conviction is upheld by the | 11704 |
highest court to which the appeal is taken or if the state | 11705 |
university law enforcement officer does not file a timely appeal, | 11706 |
the board of trustees shall terminate the employment of that state | 11707 |
university law enforcement officer. If the state university law | 11708 |
enforcement officer files an appeal that results in that officer's | 11709 |
acquittal of the felony or conviction of a misdemeanor, or in the | 11710 |
dismissal of the felony charge against that officer, the board of | 11711 |
trustees shall reinstate that state university law enforcement | 11712 |
officer. A state university law enforcement officer who is | 11713 |
reinstated under division (C)(2)(b) of this section shall not | 11714 |
receive any back pay unless that officer's conviction of the | 11715 |
felony was reversed on appeal, or the felony charge was dismissed, | 11716 |
because the court found insufficient evidence to convict the | 11717 |
officer of the felony. | 11718 |
(3) Division (C) of this section does not apply regarding an | 11719 |
offense that was committed prior to January 1, 1997. | 11720 |
(4) The suspension from employment, or the termination of | 11721 |
the employment, of a state university law enforcement officer | 11722 |
under division (C)(2) of this section shall be in accordance with | 11723 |
Chapter 119. of the Revised Code. | 11724 |
Sec. 3719.12. Unless a report has been made pursuant to | 11725 |
section
| 11726 |
a manufacturer, wholesaler, terminal distributor of dangerous | 11727 |
drugs, pharmacist, pharmacy intern, dentist, chiropractor, | 11728 |
physician, podiatrist, registered nurse, licensed practical nurse, | 11729 |
physician assistant, optometrist, or veterinarian of the violation | 11730 |
of this chapter or Chapter 2925. of the Revised Code, the | 11731 |
prosecutor in the case promptly shall report the conviction to the | 11732 |
board that licensed, certified, or registered the person to | 11733 |
practice or to carry on business. The responsible board shall | 11734 |
provide forms to the prosecutor. Within thirty days of the | 11735 |
receipt of this information, the board shall initiate action in | 11736 |
accordance with Chapter 119. of the Revised Code to determine | 11737 |
whether to suspend or revoke the person's license, certificate, or | 11738 |
registration. | 11739 |
Sec. 3719.121. (A) Except as otherwise provided in section | 11740 |
4723.28, 4723.35, 4730.25, 4731.22, 4734.39, or 4734.41 of the | 11741 |
Revised Code, the license, certificate, or registration of any | 11742 |
dentist, chiropractor, physician, podiatrist, registered nurse, | 11743 |
licensed practical nurse, physician assistant, pharmacist, | 11744 |
pharmacy intern, optometrist, or veterinarian who is or becomes | 11745 |
addicted to the use of controlled substances shall be suspended by | 11746 |
the board that authorized the person's license, certificate, or | 11747 |
registration until the person offers satisfactory proof to the | 11748 |
board that the person no longer is addicted to the use of | 11749 |
controlled substances. | 11750 |
(B) If the board under which a person has been issued a | 11751 |
license, certificate, or evidence of registration determines that | 11752 |
there is clear and convincing evidence that continuation of the | 11753 |
person's professional practice or method of prescribing or | 11754 |
personally furnishing controlled substances presents a danger of | 11755 |
immediate and serious harm to others, the board may suspend the | 11756 |
person's license, certificate, or registration without a hearing. | 11757 |
Except as otherwise provided in sections 4715.30, 4723.281, | 11758 |
4729.16, 4730.25, 4731.22, and 4734.36 of the Revised Code, the | 11759 |
board shall follow the procedure for suspension without a prior | 11760 |
hearing in section 119.07 of the Revised Code. The suspension | 11761 |
shall remain in effect, unless removed by the board, until the | 11762 |
board's final adjudication order becomes effective, except that if | 11763 |
the board does not issue its final adjudication order within | 11764 |
ninety days after the hearing, the suspension shall be void on the | 11765 |
ninety-first day after the hearing. | 11766 |
(C) On receiving notification pursuant to section
| 11767 |
2929.42 or 3719.12 of the Revised Code, the board under which a | 11768 |
person has been issued a license, certificate, or evidence of | 11769 |
registration immediately shall suspend the license, certificate, | 11770 |
or registration of that person on a plea of guilty to, a finding | 11771 |
by a jury or court of the person's guilt of, or conviction of a | 11772 |
felony drug abuse offense; a finding by a court of the person's | 11773 |
eligibility for intervention in lieu of conviction; a plea of | 11774 |
guilty to, or a finding by a jury or court of the person's guilt | 11775 |
of, or the person's conviction of an offense in another | 11776 |
jurisdiction that is essentially the same as a felony drug abuse | 11777 |
offense; or a finding by a court of the person's eligibility for | 11778 |
treatment or intervention in lieu of conviction in another | 11779 |
jurisdiction. The board shall notify the holder of the license, | 11780 |
certificate, or registration of the suspension, which shall remain | 11781 |
in effect until the board holds an adjudicatory hearing under | 11782 |
Chapter 119. of the Revised Code. | 11783 |
Sec. 3719.70. (A) When testimony, information, or other | 11784 |
evidence in the possession of a person who uses, possesses, or | 11785 |
trafficks in any drug of abuse appears necessary to an | 11786 |
investigation by law enforcement authorities into illicit sources | 11787 |
of any drug of abuse, or appears necessary to successfully | 11788 |
institute, maintain, or conclude a prosecution for any drug abuse | 11789 |
offense, as defined in section 2925.01 of the Revised Code, a | 11790 |
judge of the court of common pleas may grant to that person | 11791 |
immunity from prosecution for any offense based upon the | 11792 |
testimony, information, or other evidence furnished by that | 11793 |
person, other than a prosecution of that person for giving false | 11794 |
testimony, information, or other evidence. | 11795 |
(B)(1) When a person is convicted of any misdemeanor drug | 11796 |
abuse
offense,
the court, in determining whether to
| 11797 |
11798 | |
control sanction pursuant to section 2929.25 of the Revised Code, | 11799 |
shall take into consideration whether the person truthfully has | 11800 |
revealed all information within the person's knowledge concerning | 11801 |
illicit traffic in or use of drugs of abuse and, when required, | 11802 |
has testified as to that information in any proceeding to obtain a | 11803 |
search or arrest warrant against another or to prosecute another | 11804 |
for any offense involving a drug of abuse. The information shall | 11805 |
include, but is not limited to, the identity and whereabouts of | 11806 |
accomplices, accessories, aiders, and abettors, if any, of the | 11807 |
person or persons from whom any drug of abuse was obtained or to | 11808 |
whom any drug of abuse was distributed, and of persons known or | 11809 |
believed to be drug dependent persons, together with the location | 11810 |
of any place or places where and the manner in which any drug of | 11811 |
abuse is illegally cultivated, manufactured, sold, possessed, or | 11812 |
used. The information also shall include all facts and | 11813 |
circumstances surrounding any illicit traffic in or use of drugs | 11814 |
of abuse of that nature. | 11815 |
(2) If a person otherwise is eligible for intervention in | 11816 |
lieu of conviction and being ordered to a period of rehabilitation | 11817 |
under section 2951.041 of the Revised Code but the person has | 11818 |
failed to cooperate with law enforcement authorities by providing | 11819 |
them with the types of information described in division (B)(1) of | 11820 |
this section, the person's lack of cooperation may be considered | 11821 |
by the court under section 2951.041 of the Revised Code in | 11822 |
determining whether to stay all criminal proceedings and order the | 11823 |
person to a requested period of intervention. | 11824 |
(C) In the absence of a competent and voluntary waiver of | 11825 |
the right against self-incrimination, no information or testimony | 11826 |
furnished pursuant to division (B) of this section shall be used | 11827 |
in a prosecution of the person furnishing it for any offense other | 11828 |
than a prosecution of that person for giving false testimony, | 11829 |
information, or other evidence. | 11830 |
Sec. 3734.44. Notwithstanding the provisions of any law to | 11831 |
the contrary, no permit or license shall be issued or renewed by | 11832 |
the director of environmental protection, the hazardous waste | 11833 |
facility board, or a board of health: | 11834 |
(A) Unless the director, the hazardous waste facility board, | 11835 |
or the board of health finds that the applicant, in any prior | 11836 |
performance record in the transportation, transfer, treatment, | 11837 |
storage, or disposal of solid wastes, infectious wastes, or | 11838 |
hazardous waste, has exhibited sufficient reliability, expertise, | 11839 |
and competency to operate the solid waste, infectious waste, or | 11840 |
hazardous waste facility, given the potential for harm to human | 11841 |
health and the environment that could result from the | 11842 |
irresponsible operation of the facility, or, if no prior record | 11843 |
exists, that the applicant is likely to exhibit that reliability, | 11844 |
expertise, and competence; | 11845 |
(B) If any individual or business concern required to be | 11846 |
listed in the disclosure statement or shown to have a beneficial | 11847 |
interest in the business of the applicant or the permittee, other | 11848 |
than an equity interest or debt liability, by the investigation | 11849 |
thereof, has been convicted of any of the following crimes under | 11850 |
the laws of this state or equivalent laws of any other | 11851 |
jurisdiction: | 11852 |
(1) Murder; | 11853 |
(2) Kidnapping; | 11854 |
(3) Gambling; | 11855 |
(4) Robbery; | 11856 |
(5) Bribery; | 11857 |
(6) Extortion; | 11858 |
(7) Criminal usury; | 11859 |
(8) Arson; | 11860 |
(9) Burglary; | 11861 |
(10) Theft and related crimes; | 11862 |
(11) Forgery and fraudulent practices; | 11863 |
(12) Fraud in the offering, sale, or purchase of securities; | 11864 |
(13) Alteration of motor vehicle identification numbers; | 11865 |
(14) Unlawful manufacture, purchase, use, or transfer of | 11866 |
firearms; | 11867 |
(15) Unlawful possession or use of destructive devices or | 11868 |
explosives; | 11869 |
(16)
| 11870 |
2925.05, 2925.06, 2925.11, 2925.32, or 2925.37 or Chapter 3719. of | 11871 |
the Revised Code, unless the violation is for possession of less | 11872 |
than one hundred grams of marihuana, less than five grams of | 11873 |
marihuana resin or extraction or preparation of marihuana resin, | 11874 |
or less than one gram of marihuana resin in a liquid concentrate, | 11875 |
liquid extract, or liquid distillate form; | 11876 |
(17) Engaging in a pattern of corrupt activity under section | 11877 |
2923.32 of the Revised Code; | 11878 |
(18)
| 11879 |
Chapter 1331. of the Revised Code; | 11880 |
(19) Any violation of the criminal provisions of any federal | 11881 |
or state environmental protection laws, rules, or regulations that | 11882 |
is committed knowingly or recklessly, as defined in section | 11883 |
2901.22 of the Revised Code; | 11884 |
(20)
| 11885 |
of the Revised Code; | 11886 |
(21) Any offense specified in Chapter 2921. of the Revised | 11887 |
Code. | 11888 |
(C) Notwithstanding division (B) of this section, no | 11889 |
applicant shall be denied the issuance or renewal of a permit or | 11890 |
license on the basis of a conviction of any individual or business | 11891 |
concern required to be listed in the disclosure statement or shown | 11892 |
to have a beneficial interest in the business of the applicant or | 11893 |
the permittee, other than an equity interest or debt liability, by | 11894 |
the investigation thereof for any of the offenses enumerated in | 11895 |
that division as disqualification criteria if that applicant has | 11896 |
affirmatively demonstrated rehabilitation of the individual or | 11897 |
business concern by a preponderance of the evidence. If any such | 11898 |
individual was convicted of any of the offenses so enumerated that | 11899 |
are felonies, a permit shall be denied unless five years have | 11900 |
elapsed since the individual was fully discharged from | 11901 |
imprisonment and parole for the offense, from a community control | 11902 |
sanction imposed under section 2929.15 of the Revised Code, from a | 11903 |
post-release control sanction imposed under section 2967.28 of the | 11904 |
Revised Code for the offense, or imprisonment, probation, and | 11905 |
parole
for an offense
that was committed prior to
| 11906 |
11907 | |
applicant has affirmatively demonstrated rehabilitation, the | 11908 |
director, the hazardous waste facility board, or the board of | 11909 |
health shall request a recommendation on the matter from the | 11910 |
attorney general and shall consider and base the determination on | 11911 |
the following factors: | 11912 |
(1) The nature and responsibilities of the position a | 11913 |
convicted individual would hold; | 11914 |
(2) The nature and seriousness of the offense; | 11915 |
(3) The circumstances under which the offense occurred; | 11916 |
(4) The date of the offense; | 11917 |
(5) The age of the individual when the offense was | 11918 |
committed; | 11919 |
(6) Whether the offense was an isolated or repeated | 11920 |
incident; | 11921 |
(7) Any social conditions that may have contributed to the | 11922 |
offense; | 11923 |
(8) Any evidence of rehabilitation, including good conduct | 11924 |
in prison or in the community, counseling or psychiatric treatment | 11925 |
received, acquisition of additional academic or vocational | 11926 |
schooling, successful participation in correctional work release | 11927 |
programs, or the recommendation of persons who have or have had | 11928 |
the applicant under their supervision; | 11929 |
(9) In the instance of an applicant that is a business | 11930 |
concern, rehabilitation shall be established if the applicant has | 11931 |
implemented formal management controls to minimize and prevent the | 11932 |
occurrence of violations and activities that will or may result in | 11933 |
permit or license denial or revocation or if the applicant has | 11934 |
formalized those controls as a result of a revocation or denial of | 11935 |
a permit or license. Those controls may include, but are not | 11936 |
limited to, instituting environmental auditing programs to help | 11937 |
ensure the adequacy of internal systems to achieve, maintain, and | 11938 |
monitor compliance with applicable environmental laws and | 11939 |
standards or instituting an antitrust compliance auditing program | 11940 |
to help ensure full compliance with applicable antitrust laws. The | 11941 |
business concern shall prove by a preponderance of the evidence | 11942 |
that the management controls are effective in preventing the | 11943 |
violations that are the subject of concern. | 11944 |
(D) Unless the director, the hazardous waste facility board, | 11945 |
or the board of health finds that the applicant has a history of | 11946 |
compliance with environmental laws in this state and other | 11947 |
jurisdictions and is presently in substantial compliance with, or | 11948 |
on a legally enforceable schedule that will result in compliance | 11949 |
with, environmental laws in this state and other jurisdictions | 11950 |
(E) With respect to the approval of a permit, if the | 11951 |
director or the hazardous waste facility board determines that | 11952 |
current prosecutions or pending charges in any jurisdiction for | 11953 |
any of the offenses enumerated in division (B) of this section | 11954 |
against any individual or business concern required to be listed | 11955 |
in the disclosure statement or shown by the investigation to have | 11956 |
a beneficial interest in the business of the applicant other than | 11957 |
an equity interest or debt liability are of such magnitude that | 11958 |
they prevent making the finding required under division (A) of | 11959 |
this section, provided that at the request of the applicant or the | 11960 |
individual or business concern charged, the director or the | 11961 |
hazardous waste facility board shall defer decision upon the | 11962 |
application during the pendency of the charge. | 11963 |
Sec. 3735.311. (A) As used in this section, "felony" has | 11964 |
the same meaning as in section 109.511 of the Revised Code. | 11965 |
(B)(1) A metropolitan housing authority shall not employ a | 11966 |
person as a member of the police force of the metropolitan housing | 11967 |
authority on a permanent basis, on a temporary basis, for a | 11968 |
probationary term, or on other than a permanent basis if the | 11969 |
person previously has been convicted of or has pleaded guilty to a | 11970 |
felony. | 11971 |
(2)(a) A metropolitan housing authority shall terminate the | 11972 |
employment of a member of the police force of the metropolitan | 11973 |
housing authority who does either of the following: | 11974 |
(i) Pleads guilty to a felony; | 11975 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 11976 |
plea agreement as provided in division (D) of
section
| 11977 |
2929.43 of the Revised Code in which the member of the police | 11978 |
force agrees to surrender the certificate awarded to that member | 11979 |
under section 109.77 of the Revised Code. | 11980 |
(b) A metropolitan housing authority shall suspend from | 11981 |
employment a member of the police force of the metropolitan | 11982 |
housing authority who is convicted, after trial, of a felony. If | 11983 |
the member of the police force files an appeal from that | 11984 |
conviction and the conviction is upheld by the highest court to | 11985 |
which the appeal is taken or if the member of the police force | 11986 |
does not file a timely appeal, the metropolitan housing authority | 11987 |
shall terminate the employment of that member of the police force. | 11988 |
If the member of the police force files an appeal that results in | 11989 |
that member's acquittal of the felony or conviction of a | 11990 |
misdemeanor, or in the dismissal of the felony charge against that | 11991 |
member, the metropolitan housing authority shall reinstate that | 11992 |
member of the police force. A member of the police force who is | 11993 |
reinstated under division (B)(2)(b) of this section shall not | 11994 |
receive any back pay unless that member's conviction of the felony | 11995 |
was reversed on appeal, or the felony charge was dismissed, | 11996 |
because the court found insufficient evidence to convict the | 11997 |
member of the police force of the felony. | 11998 |
(3) Division (B) of this section does not apply regarding an | 11999 |
offense that was committed prior to January 1, 1997. | 12000 |
(4) The suspension from employment, or the termination of | 12001 |
the employment, of a member of the police force of a metropolitan | 12002 |
housing authority under division (B)(2) of this section shall be | 12003 |
in accordance with Chapter 119. of the Revised Code. | 12004 |
Sec. 3748.99. (A) Except as otherwise provided in division | 12005 |
(B) of this section, whoever violates section 3748.15 of the | 12006 |
Revised Code is guilty of a misdemeanor and shall be fined not | 12007 |
more than one thousand dollars. | 12008 |
(B)(1) Except as otherwise provided in division (B)(2) of | 12009 |
this section, whoever recklessly violates section 3748.10 of the | 12010 |
Revised Code or an order issued under division (B) of section | 12011 |
3748.17 of the Revised Code to enforce that section is guilty of a | 12012 |
felony of the fourth degree.
Notwithstanding the
| 12013 |
conventional fines specified for felonies in section 2929.18 of | 12014 |
the Revised Code, if the court imposes a fine as a sanction, the | 12015 |
fine shall be not less than ten thousand nor more than twenty-five | 12016 |
thousand dollars. Each day of violation is a separate offense. | 12017 |
(2) Upon a second or subsequent conviction of a violation of | 12018 |
section 3748.10 of the Revised Code or an order issued under | 12019 |
division (B) of section 3748.17 of the Revised Code to enforce | 12020 |
that section that was committed recklessly, the offender is guilty | 12021 |
of a felony of the fourth degree. Notwithstanding the
| 12022 |
conventional fines specified for felonies in section 2929.18 of | 12023 |
the Revised Code, if the court imposes a fine as a sanction, the | 12024 |
fine shall be not less than twenty thousand nor more than fifty | 12025 |
thousand dollars per day of violation. Each day of violation is a | 12026 |
separate offense. | 12027 |
Sec. 3793.13. (A) Records or information, other than court | 12028 |
journal entries or court docket entries, pertaining to the | 12029 |
identity, diagnosis, or treatment of any patient
| 12030 |
maintained in connection with the performance of any drug | 12031 |
treatment program licensed by, or certified by, the director of | 12032 |
alcohol and drug addiction services, under section 3793.11 of the | 12033 |
Revised Code, shall be kept confidential, may be disclosed only | 12034 |
for the purposes and under the circumstances expressly authorized | 12035 |
under this section, and may not otherwise be divulged in any | 12036 |
civil, criminal, administrative, or legislative proceeding. | 12037 |
(B) When the patient, with respect to whom any record or | 12038 |
information referred to in division (A) of this section is | 12039 |
maintained, gives
| 12040 |
signed by the patient, the content of the record or information | 12041 |
may be disclosed if the written release: | 12042 |
(1) Specifically identifies the person, official, or entity | 12043 |
to whom the information is to be provided; | 12044 |
(2) Describes with reasonable specificity the record, | 12045 |
records, or information to be disclosed; and | 12046 |
(3) Describes with reasonable specificity the purposes of | 12047 |
the disclosure and the intended use of the disclosed information. | 12048 |
(C) A patient who is subject to a community control | 12049 |
sanction,
parole,
| 12050 |
who is ordered to rehabilitation in lieu of conviction, and who | 12051 |
has agreed to participate in a drug treatment or rehabilitation | 12052 |
program as a condition of the community control sanction, | 12053 |
post-release
control sanction, parole,
| 12054 |
rehabilitation, shall be considered to have consented to the | 12055 |
release of records and information relating to the progress of | 12056 |
treatment, frequency of treatment, adherence to treatment | 12057 |
requirements, and probable outcome of treatment. Release of | 12058 |
information and records under this division shall be limited to | 12059 |
the court or governmental personnel having the responsibility for | 12060 |
supervising
| 12061 |
sanction, post-release control sanction, parole, or order to | 12062 |
rehabilitation. A patient, described in this division, who | 12063 |
refuses to allow disclosure may be considered in violation of the | 12064 |
conditions of
| 12065 |
post-release control
sanction, parole,
| 12066 |
rehabilitation. | 12067 |
(D) Disclosure of a patient's record may be made without
| 12068 |
the patient's consent to qualified personnel for the purpose of | 12069 |
conducting scientific research, management, financial audits, or | 12070 |
program evaluation, but these personnel may not identify, directly | 12071 |
or indirectly, any individual patient in any report of the | 12072 |
research, audit, or evaluation, or otherwise disclose a patient's | 12073 |
identity in any manner. | 12074 |
(E) Upon the request of a prosecuting attorney or the | 12075 |
director of alcohol and drug addiction services, a court of | 12076 |
competent jurisdiction may order the disclosure of records or | 12077 |
information referred to in division (A) of this section if the | 12078 |
court has reason to believe that a treatment program or facility | 12079 |
is being operated or used in a manner contrary to law. The use of | 12080 |
any information or record so disclosed shall be limited to the | 12081 |
prosecution of persons who are or may be charged with any offense | 12082 |
related to the illegal operation or use of the drug treatment | 12083 |
program or facility, or to the decision to withdraw the authority | 12084 |
of a drug treatment program or facility to continue operation. For | 12085 |
purposes of this division the court shall: | 12086 |
(1) Limit disclosure to those parts of the patient's record | 12087 |
considered essential to fulfill the objective for which the order | 12088 |
was granted; | 12089 |
(2) Require, where appropriate, that all information be | 12090 |
disclosed in chambers; | 12091 |
(3) Include any other appropriate measures to keep | 12092 |
disclosure to a minimum, consistent with the protection of the | 12093 |
patients, the physician-patient relationship, and the | 12094 |
administration of the drug treatment and rehabilitation program. | 12095 |
(F) As used in this section: | 12096 |
(1) "Community control sanction" has the same meaning as in | 12097 |
section 2929.01 of the Revised Code. | 12098 |
(2) "Post-release control sanction" has the same meaning as | 12099 |
in section 2967.01 of the Revised Code. | 12100 |
Sec. 3937.43. (A) As used in this section: | 12101 |
(1) "Automobile insurance policies" has the same meaning as | 12102 |
in section 3937.30 of the Revised Code. | 12103 |
(2) "Moving violation" means any violation of any statute or | 12104 |
ordinance that regulates the operation of vehicles, streetcars, or | 12105 |
trackless trolleys on highways or streets or that regulates size | 12106 |
or load limitations or fitness requirements of vehicles. "Moving | 12107 |
violation" does not include the violation of any statute or | 12108 |
ordinance that regulates pedestrians or the parking of vehicles. | 12109 |
(3)"Community control sanction" has the same meaning as in | 12110 |
section 2929.01 of the Revised Code. | 12111 |
(B) Every rating plan or schedule of rates for automobile | 12112 |
insurance policies that is filed with the superintendent of | 12113 |
insurance shall provide for an appropriate reduction in premium | 12114 |
charges for any insured or applicant for insurance under the | 12115 |
following conditions: | 12116 |
(1) The applicant or insured is sixty years of age or older; | 12117 |
(2) The applicant or insured successfully completes a motor | 12118 |
vehicle accident prevention course, which includes classroom | 12119 |
instruction and the passing of an examination in accordance with | 12120 |
both of the following: | 12121 |
(a) The state highway patrol shall approve the course and | 12122 |
the examination. However, the state highway patrol shall not | 12123 |
approve any correspondence course or any other course that does | 12124 |
not provide classroom instruction. | 12125 |
(b) The examination shall include an actual demonstration of | 12126 |
the applicant's or insured's ability to exercise ordinary and | 12127 |
reasonable control in the operation of a motor vehicle. | 12128 |
(3) The applicant or insured submits to the insurer a | 12129 |
certificate that is issued by the sponsor of the motor vehicle | 12130 |
accident prevention course and attests to the successful | 12131 |
completion of the course by the applicant or insured; | 12132 |
(4) The insurer may consider the driving record of the | 12133 |
applicant or insured in accordance with divisions (C) and (D) of | 12134 |
this section. | 12135 |
(C) In determining whether to grant a reduction in premium | 12136 |
charges in accordance with this section, the insurer may consider | 12137 |
the driving record of the insured or applicant for a three-year | 12138 |
period prior to the successful completion of a motor vehicle | 12139 |
accident prevention course. | 12140 |
(D)(1) Subject to division (D)(2) of this section, every | 12141 |
reduction in premium charges granted in accordance with this | 12142 |
section shall be effective for an insured for a three-year period | 12143 |
after each successful completion of a motor vehicle accident | 12144 |
prevention course. | 12145 |
(2) As a condition of maintaining a reduction in premium | 12146 |
charges granted in accordance with this section, an insurer may | 12147 |
require that the insured, during the three-year period for which | 12148 |
the reduction has been granted, neither be involved in an accident | 12149 |
for which the insured is primarily at fault, nor be convicted of | 12150 |
more than one moving violation. | 12151 |
(E) A reduction in premium charges granted in accordance | 12152 |
with this section shall not become effective until the first full | 12153 |
term of coverage following the successful completion of a motor | 12154 |
vehicle accident prevention course in accordance with division (B) | 12155 |
of this section. | 12156 |
(F) The superintendent of the state highway patrol shall | 12157 |
adopt rules in accordance with Chapter 119. of the Revised Code | 12158 |
that are necessary to carry out the duties of the state highway | 12159 |
patrol under this section. | 12160 |
(G) This section does not apply to any automobile insurance | 12161 |
policy issued under an assigned risk plan pursuant to section | 12162 |
4509.70 of the Revised Code. | 12163 |
(H) This section does not apply to circumstances in which | 12164 |
the motor vehicle accident prevention course is required by a | 12165 |
court as a condition of
| 12166 |
community control sanction imposed for a moving violation. | 12167 |
Sec. 3959.13. Any person who, while licensed as an | 12168 |
administrator, is convicted of a felony, shall report the | 12169 |
conviction to the superintendent of insurance within thirty days | 12170 |
of the entry date of the judgment of conviction. Within that | 12171 |
thirty-day period, the person shall also provide the | 12172 |
superintendent with a copy of the judgment, the
| 12173 |
commitment order or the order imposing a community control | 12174 |
sanction, and any other relevant documents. | 12175 |
As used in this section, "community control sanction" has the | 12176 |
same meaning as in section 2929.01 of the Revised Code. | 12177 |
Sec. 4503.13. (A) A municipal court
| 12178 |
mayor's court, at the court's discretion, may order the clerk of | 12179 |
the court to send to the registrar of motor vehicles a report | 12180 |
containing the name, address, and such other information as the | 12181 |
registrar may require by rule, of any person for whom an arrest | 12182 |
warrant has been issued by that court and is outstanding. | 12183 |
Upon receipt of such a report, the registrar shall enter the | 12184 |
information contained in the report into the records of the bureau | 12185 |
of motor vehicles. Neither the registrar nor any deputy registrar | 12186 |
shall issue a certificate of registration for a motor vehicle | 12187 |
owner or lessee, when a lessee is determinable under procedures | 12188 |
established by the registrar under division (E) of this section, | 12189 |
who is named in the report until the registrar receives | 12190 |
notification from the municipal court
| 12191 |
court that there are no outstanding arrest warrants in the name of | 12192 |
the person. The registrar also shall send a notice to the person | 12193 |
who is named in the report, via regular first class mail sent to | 12194 |
the person's last known address as shown in the records of the | 12195 |
bureau, informing the person that neither the registrar nor any | 12196 |
deputy registrar is permitted to issue a certificate of | 12197 |
registration for a motor vehicle in the name of the person until | 12198 |
the registrar receives notification that there are no outstanding | 12199 |
arrest warrants in the name of the person. | 12200 |
(B) A clerk who reports an outstanding arrest warrant in | 12201 |
accordance with division (A) of this section immediately shall | 12202 |
notify the registrar when the warrant has been executed and | 12203 |
returned to the issuing court or has been canceled. The clerk | 12204 |
shall charge and collect from the person named in the executed or | 12205 |
canceled arrest warrant a processing fee of fifteen dollars to | 12206 |
cover the costs of the bureau in administering this section. The | 12207 |
clerk shall transmit monthly all such processing fees to the | 12208 |
registrar for deposit into the state bureau of motor vehicles fund | 12209 |
created by section 4501.25 of the Revised Code. | 12210 |
Upon receipt of such notification, the registrar shall cause | 12211 |
the report of that outstanding arrest warrant to be removed from | 12212 |
the records of the bureau and, if there are no other outstanding | 12213 |
arrest
warrants issued by a municipal court
| 12214 |
mayor's court in the name of the person and the person otherwise | 12215 |
is eligible to be issued a certificate of registration for a motor | 12216 |
vehicle, the registrar or a deputy registrar may issue a | 12217 |
certificate of registration for a motor vehicle in the name of the | 12218 |
person named in the executed or canceled arrest warrant. | 12219 |
(C) Neither the registrar, any employee of the bureau, a | 12220 |
deputy registrar, nor any employee of a deputy registrar is | 12221 |
personally liable for damages or injuries resulting from any error | 12222 |
made by a clerk in entering information contained in a report | 12223 |
submitted to the registrar under this section. | 12224 |
(D) Any information submitted to the registrar by a clerk | 12225 |
under this section shall be transmitted by means of an electronic | 12226 |
data transfer system. | 12227 |
(E) The registrar shall determine the procedures and | 12228 |
information necessary to implement this section in regard to motor | 12229 |
vehicle lessees. Division (A) of this section shall not apply to | 12230 |
cases involving a motor vehicle lessee until such procedures are | 12231 |
established. | 12232 |
Sec. 4507.091. (A) A municipal court
| 12233 |
mayor's court, at the court's discretion, may order the clerk of | 12234 |
the court to send to the registrar of motor vehicles a report | 12235 |
containing the name, address, and such other information as the | 12236 |
registrar may require by rule, of any person for whom an arrest | 12237 |
warrant has been issued by that court and is outstanding. | 12238 |
Upon receipt of such a report, the registrar shall enter the | 12239 |
information contained in the report into the records of the bureau | 12240 |
of motor vehicles | 12241 |
deputy registrar shall issue a temporary instruction permit or | 12242 |
driver's or commercial driver's license to the person named in the | 12243 |
report, or renew the driver's or commercial driver's license of | 12244 |
such person, until the registrar receives notification from the | 12245 |
municipal
court
| 12246 |
no outstanding arrest warrants in the name of the person. The | 12247 |
registrar also shall send a notice to the person who is named in | 12248 |
the report, via regular first class mail sent to the person's last | 12249 |
known address as shown in the records of the bureau, informing the | 12250 |
person that neither the registrar nor any deputy registrar is | 12251 |
permitted to issue a temporary instruction permit or driver's or | 12252 |
commercial driver's license to the person, or renew the driver's | 12253 |
or commercial driver's license of the person, until the registrar | 12254 |
receives notification that there are no outstanding arrest | 12255 |
warrants in the name of the person. | 12256 |
(B) A clerk who reports an outstanding arrest warrant in | 12257 |
accordance with division (A) of this section immediately shall | 12258 |
notify the registrar when the warrant has been executed and | 12259 |
returned to the issuing court or has been canceled. The clerk | 12260 |
shall charge and collect from the person named in the executed or | 12261 |
canceled arrest warrant a processing fee of fifteen dollars to | 12262 |
cover the costs of the bureau in administering this section. The | 12263 |
clerk shall transmit monthly all such processing fees to the | 12264 |
registrar for deposit into the state bureau of motor vehicles fund | 12265 |
created by section 4501.25 of the Revised Code. | 12266 |
Upon receipt of such notification, the registrar shall cause | 12267 |
the report of that outstanding arrest warrant to be removed from | 12268 |
the records of the bureau and, if there are no other outstanding | 12269 |
arrest
warrants issued by a municipal court
| 12270 |
mayor's court in the name of the person and the person otherwise | 12271 |
is eligible to be issued a driver's or commercial driver's license | 12272 |
or to have such a license renewed, the registrar or a deputy | 12273 |
registrar may issue a driver's license or commercial driver's | 12274 |
license to the person named in the executed or canceled arrest | 12275 |
warrant, or renew the driver's or commercial driver's license of | 12276 |
such person. | 12277 |
(C) Neither the registrar, any employee of the bureau, a | 12278 |
deputy registrar, nor any employee of a deputy registrar is | 12279 |
personally liable for damages or injuries resulting from any error | 12280 |
made by a clerk in entering information contained in a report | 12281 |
submitted to the registrar under this section. | 12282 |
(D) Any information submitted to the registrar by a clerk | 12283 |
under this section shall be transmitted by means of an electronic | 12284 |
data transfer system. | 12285 |
Sec. 4510.037. (A) When the registrar of motor vehicles | 12286 |
determines that the total points charged against any person under | 12287 |
section 4510.036 of the Revised Code exceed five, the registrar | 12288 |
shall send a warning letter to the person at the person's last | 12289 |
known address by regular mail. The warning letter shall list the | 12290 |
reported violations that are the basis of the points charged, list | 12291 |
the number of points charged for each violation, and outline the | 12292 |
suspension provisions of this section. | 12293 |
(B) When the registrar determines that the total points | 12294 |
charged against any person under section 4510.036 of the Revised | 12295 |
Code within any two-year period beginning on the date of the first | 12296 |
conviction within the two-year period is equal to twelve or more, | 12297 |
the registrar shall send a written notice to the person at the | 12298 |
person's last known address by regular mail. The notice shall | 12299 |
list the reported violations that are the basis of the points | 12300 |
charged, list the number of points charged for each violation, and | 12301 |
state that, because the total number of points charged against the | 12302 |
person within the applicable two-year period is equal to twelve or | 12303 |
more, the registrar is imposing a class D suspension of the | 12304 |
person's driver's or commercial driver's license or permit or | 12305 |
nonresident operating privileges for the period of time specified | 12306 |
in division (B)(4) of section 4510.02 of the Revised Code. The | 12307 |
notice also shall state that the suspension is effective on the | 12308 |
twentieth day after the mailing of the notice, unless the person | 12309 |
files a petition appealing the determination and suspension in the | 12310 |
municipal court, county court, or, if the person is under the age | 12311 |
of eighteen, the juvenile division of the court of common pleas in | 12312 |
whose jurisdiction the person resides or, if the person is not a | 12313 |
resident of this state, in the Franklin county municipal court or | 12314 |
juvenile division of the Franklin county court of common pleas. | 12315 |
By filing the appeal of the determination and suspension, the | 12316 |
person agrees to pay the cost of the proceedings in the appeal of | 12317 |
the determination and suspension and alleges that the person can | 12318 |
show cause why the person's driver's or commercial driver's | 12319 |
license or permit or nonresident operating privileges should not | 12320 |
be suspended. | 12321 |
(C)(1) Any person against whom at least two but less than | 12322 |
twelve points have been charged under section 4510.036 of the | 12323 |
Revised Code may enroll in a course of remedial driving | 12324 |
instruction that is approved by the director of public safety. | 12325 |
Upon the person's completion of an approved course of remedial | 12326 |
driving instruction, the person may apply to the registrar on a | 12327 |
form prescribed by the registrar for a credit of two points on the | 12328 |
person's driving record. Upon receipt of the application and | 12329 |
proof of completion of the approved remedial driving course, the | 12330 |
registrar shall approve the two-point credit. The registrar shall | 12331 |
not approve any credits for a person who completes an approved | 12332 |
course of remedial driving instruction pursuant to a judge's order | 12333 |
under section 4510.02 of the Revised Code. | 12334 |
(2) In any three-year period, the registrar shall approve | 12335 |
only one two-point credit on a person's driving record under | 12336 |
division (C)(1) of this section. The registrar shall approve not | 12337 |
more than five two-point credits on a person's driving record | 12338 |
under division (C)(1) of this section during that person's | 12339 |
lifetime. | 12340 |
(D) When a judge of a court of record suspends a person's | 12341 |
driver's or commercial driver's license or permit or nonresident | 12342 |
operating privilege and charges points against the person under | 12343 |
section 4510.036 of the Revised Code for the offense that resulted | 12344 |
in the suspension, the registrar shall credit that period of | 12345 |
suspension against the time of any subsequent suspension imposed | 12346 |
under this section for which those points were used to impose the | 12347 |
subsequent suspension. When a United States district court that | 12348 |
has jurisdiction within this state suspends a person's driver's or | 12349 |
commercial driver's license or permit or nonresident operating | 12350 |
privileges pursuant to the "Assimilative Crimes Act," 102 Stat. | 12351 |
4381 (1988), 18 U.S.C.A. 13, as amended, the district court | 12352 |
prepares an abstract pursuant to section 4510.031 of the Revised | 12353 |
Code, and the district court charges points against the person | 12354 |
under section 4510.036 of the Revised Code for the offense that | 12355 |
resulted in the suspension, the registrar shall credit the period | 12356 |
of suspension imposed by the district court against the time of | 12357 |
any subsequent suspension imposed under this section for which the | 12358 |
points were used to impose the subsequent suspension. | 12359 |
(E) The registrar, upon the written request of a licensee | 12360 |
who files a petition under division (B) of this section, shall | 12361 |
furnish the licensee a certified copy of the registrar's record of | 12362 |
the convictions and bond forfeitures of the person. This record | 12363 |
shall include the name, address, and date of birth of the | 12364 |
licensee; the name of the court in which each conviction or bail | 12365 |
forfeiture took place; the nature of the offense that was the | 12366 |
basis of the conviction or bond forfeiture; and any other | 12367 |
information that the registrar considers necessary. If the record | 12368 |
indicates that twelve points or more have been charged against the | 12369 |
person within a two-year period, it is prima-facie evidence that | 12370 |
the person is a repeat traffic offender, and the registrar shall | 12371 |
suspend the person's driver's or commercial driver's license or | 12372 |
permit or nonresident operating privilege pursuant to division (B) | 12373 |
of this section. | 12374 |
In hearing the petition and determining whether the person | 12375 |
filing the petition has shown cause why the person's driver's or | 12376 |
commercial driver's license or permit or nonresident operating | 12377 |
privilege should not be suspended, the court shall decide the | 12378 |
issue on the record certified by the registrar and any additional | 12379 |
relevant, competent, and material evidence that either the | 12380 |
registrar or the person whose license is sought to be suspended | 12381 |
submits. | 12382 |
(F) If a petition is filed under division (B) of this | 12383 |
section in a county court, the prosecuting attorney of the county | 12384 |
in which the case is pending shall represent the registrar in the | 12385 |
proceedings, except that, if the petitioner resides in a municipal | 12386 |
corporation within the jurisdiction of the county court, the city | 12387 |
director of law, village solicitor, or other chief legal officer | 12388 |
of the municipal corporation shall represent the registrar in the | 12389 |
proceedings. If a petition is filed under division (B) of this | 12390 |
section in a municipal court, the registrar shall be represented | 12391 |
in the resulting proceedings as provided in section 1901.34 of the | 12392 |
Revised Code. | 12393 |
(G) If the court determines from the evidence submitted that | 12394 |
a person who filed a petition under division (B) of this section | 12395 |
has failed to show cause why the person's driver's or commercial | 12396 |
driver's license or permit or nonresident operating privileges | 12397 |
should not be suspended, the court shall assess against the person | 12398 |
the cost of the proceedings in the appeal of the determination | 12399 |
and suspension and shall impose the applicable suspension under | 12400 |
this section or suspend all or a portion of the suspension and | 12401 |
impose any conditions
| 12402 |
considers proper or impose upon the person a community control | 12403 |
sanction pursuant to section 2929.15 or 2929.25 of the Revised | 12404 |
Code. If the court determines from the evidence submitted that a | 12405 |
person who filed a petition under division (B) of this section has | 12406 |
shown cause why the person's driver's or commercial driver's | 12407 |
license or permit or nonresident operating privileges should not | 12408 |
be suspended, the costs of the appeal proceeding shall be paid out | 12409 |
of the county treasury of the county in which the proceedings were | 12410 |
held. | 12411 |
(H) Any person whose driver's or commercial driver's license | 12412 |
or permit or nonresident operating privileges are suspended under | 12413 |
this section is not entitled to apply for or receive a new | 12414 |
driver's or commercial driver's license or permit or to request or | 12415 |
be granted nonresident operating privileges during the effective | 12416 |
period of the suspension. | 12417 |
(I) Upon the termination of any suspension or other penalty | 12418 |
imposed under this section involving the surrender of license or | 12419 |
permit and upon the request of the person whose license or permit | 12420 |
was suspended or surrendered, the registrar shall return the | 12421 |
license or permit to the person upon determining that the person | 12422 |
has complied with all provisions of section 4510.038 of the | 12423 |
Revised Code or, if the registrar destroyed the license or permit | 12424 |
pursuant to section 4510.52 of the Revised Code, shall reissue the | 12425 |
person's license or permit. | 12426 |
(J) Any person whose driver's or commercial driver's license | 12427 |
or permit or nonresident operating privileges are suspended as a | 12428 |
repeat traffic offender under this section and who, during the | 12429 |
suspension, operates any motor vehicle upon any public roads and | 12430 |
highways is guilty of a misdemeanor of the first degree, and the | 12431 |
court shall sentence the offender to a minimum term of three days | 12432 |
in jail. No court shall suspend the first three days of jail time | 12433 |
imposed pursuant to this division. | 12434 |
(K) The registrar, in accordance with specific statutory | 12435 |
authority, may suspend the privilege of driving a motor vehicle on | 12436 |
the public roads and highways of this state that is granted to | 12437 |
nonresidents by section 4507.04 of the Revised Code. | 12438 |
Sec. 4510.14. (A) No person whose driver's or commercial | 12439 |
driver's license or permit or nonresident operating privilege has | 12440 |
been suspended under section 4511.19, 4511.191, or 4511.196 of the | 12441 |
Revised Code or under section 4510.07 of the Revised Code for a | 12442 |
conviction of a violation of a municipal OVI ordinance shall | 12443 |
operate any motor vehicle upon the public roads or highways within | 12444 |
this state during the period of the suspension. | 12445 |
(B) Whoever violates this section is guilty of driving under | 12446 |
OVI suspension. The court shall sentence the offender under | 12447 |
Chapter 2929. of the Revised Code, subject to the differences | 12448 |
authorized or required by this section. | 12449 |
(1) Except as otherwise provided in division (B)(2) or (3) | 12450 |
of this section, driving under OVI suspension is a misdemeanor of | 12451 |
the first degree. The court shall sentence the offender to all of | 12452 |
the following: | 12453 |
(a) A mandatory jail term of three consecutive days. The | 12454 |
three-day term shall be imposed, unless, subject to division (C) | 12455 |
of this section, the court instead imposes a sentence of not less | 12456 |
than thirty
consecutive days of
| 12457 |
arrest
with electronic monitoring. A period of
| 12458 |
12459 | |
this division shall not exceed six months. If the court imposes a | 12460 |
mandatory three-day jail term under this division, the court may | 12461 |
impose a jail term in addition to that term, provided that in no | 12462 |
case shall the cumulative jail term imposed for the offense exceed | 12463 |
six months. | 12464 |
(b) A fine of not less than two hundred fifty and not more | 12465 |
than one thousand dollars; | 12466 |
(c) A license suspension under division (E) of this section; | 12467 |
(d) If the vehicle the offender was operating at the time of | 12468 |
the offense is registered in the offender's name, immobilization | 12469 |
for thirty days of the offender's vehicle and impoundment for | 12470 |
thirty days of the identification license plates of that vehicle. | 12471 |
The order for immobilization and impoundment shall be issued and | 12472 |
enforced in accordance with section 4503.233 of the Revised Code. | 12473 |
(2) If, within six years of the offense, the offender | 12474 |
previously has been convicted of or pleaded guilty to one | 12475 |
violation of this section or one equivalent offense, driving under | 12476 |
OVI suspension is a misdemeanor of the first degree. The court | 12477 |
shall sentence the offender to all of the following: | 12478 |
(a) A mandatory jail term of ten consecutive days. | 12479 |
Notwithstanding the
jail terms
| 12480 |
12481 | |
may sentence the offender to a longer jail term of not more than | 12482 |
one year. The ten-day mandatory jail term shall be imposed | 12483 |
unless, subject to division (C) of this section, the court instead | 12484 |
imposes a sentence of not less than ninety consecutive days of | 12485 |
12486 | |
The period of
| 12487 |
electronic monitoring shall not exceed one year. | 12488 |
(b) Notwithstanding the fines provided for in Chapter 2929. | 12489 |
of the Revised Code, a fine of not less than five hundred and not | 12490 |
more than two thousand five hundred dollars; | 12491 |
(c) A license suspension under division (E) of this section; | 12492 |
(d) If the vehicle the offender was operating at the time of | 12493 |
the offense is registered in the offender's name, immobilization | 12494 |
of the offender's vehicle for sixty days and the impoundment for | 12495 |
sixty days of the identification license plates of that vehicle. | 12496 |
The order for immobilization and impoundment shall be issued and | 12497 |
enforced in accordance with section 4503.233 of the Revised Code. | 12498 |
(3) If, within six years of the offense, the offender | 12499 |
previously has been convicted of or pleaded guilty to two or more | 12500 |
violations of this section or two or more equivalent offenses, | 12501 |
driving under OVI suspension is a misdemeanor. The court shall | 12502 |
sentence the offender to all of the following: | 12503 |
(a) A mandatory jail term of thirty consecutive days. | 12504 |
Notwithstanding the
jail terms
| 12505 |
12506 | |
may sentence the offender to a longer jail term of not more than | 12507 |
one year. The court shall not sentence the offender to a term of | 12508 |
12509 | |
in lieu of the mandatory portion of the jail term. | 12510 |
(b) Notwithstanding the fines set forth in Chapter 2929. of | 12511 |
the Revised Code, a fine of not less than five hundred and not | 12512 |
more than two thousand five hundred dollars; | 12513 |
(c) A license suspension under division (E) of this section; | 12514 |
(d) If the vehicle the offender was operating at the time of | 12515 |
the offense is registered in the offender's name, criminal | 12516 |
forfeiture to the state of the offender's vehicle. The order of | 12517 |
criminal forfeiture shall be issued and enforced in accordance | 12518 |
with section 4503.234 of the Revised Code. If title to a motor | 12519 |
vehicle that is subject to an order for criminal forfeiture under | 12520 |
this division is assigned or transferred and division (B)(2) or | 12521 |
(3) of section 4503.234 of the Revised Code applies, the court may | 12522 |
fine the offender the value of the vehicle as determined by | 12523 |
publications of the national auto dealer's association. The | 12524 |
proceeds from any fine so imposed shall be distributed in | 12525 |
accordance with division (C)(2) of section 4503.234 of the Revised | 12526 |
Code. | 12527 |
(C) No court shall impose an alternative sentence of | 12528 |
12529 | |
under division (B)(1) or (2) of this section unless, within sixty | 12530 |
days of the date of sentencing, the court issues a written finding | 12531 |
on the record that, due to the unavailability of space at the jail | 12532 |
where the offender is required to serve the jail term imposed, the | 12533 |
offender will not be able to begin serving that term within the | 12534 |
sixty-day period following the date of sentencing. | 12535 |
An offender sentenced under this section to a period of | 12536 |
12537 | |
shall be permitted work release during that period. | 12538 |
(D) Fifty per cent of any fine imposed by a court under | 12539 |
division (B)(1), (2), or (3) of this section shall be deposited | 12540 |
into the county indigent drivers alcohol treatment fund or | 12541 |
municipal indigent drivers alcohol treatment fund under the | 12542 |
control of that court, as created by the county or municipal | 12543 |
corporation pursuant to division (H) of section 4511.191 of the | 12544 |
Revised Code. | 12545 |
(E) In addition to or independent of all other penalties | 12546 |
provided by law or ordinance, the trial judge of any court of | 12547 |
record or the mayor of a mayor's court shall impose on an offender | 12548 |
who is convicted of or pleads guilty to a violation of this | 12549 |
section a class seven suspension of the offender's driver's or | 12550 |
commercial driver's license or permit or nonresident operating | 12551 |
privilege from the range specified in division (A)(7) of section | 12552 |
4510.02 of the Revised Code. | 12553 |
When permitted as specified in section 4510.021 of the | 12554 |
Revised Code, if the court grants limited driving privileges | 12555 |
during a suspension imposed under this section, the privileges | 12556 |
shall be granted on the additional condition that the offender | 12557 |
must display restricted license plates, issued under section | 12558 |
4503.231 of the Revised Code, on the vehicle driven subject to the | 12559 |
privileges, except as provided in division (B) of that section. | 12560 |
A suspension of a commercial driver's license under this | 12561 |
section shall be concurrent with any period of suspension or | 12562 |
disqualification under section 3123.58 or 4506.16 of the Revised | 12563 |
Code. No person who is disqualified for life from holding a | 12564 |
commercial driver's license under section 4506.16 of the Revised | 12565 |
Code shall be issued a driver's license under Chapter 4507. of the | 12566 |
Revised Code during the period for which the commercial driver's | 12567 |
license was suspended under this section, and no person whose | 12568 |
commercial driver's license is suspended under this section shall | 12569 |
be issued a driver's license under Chapter 4507. of the Revised | 12570 |
Code during the period of the suspension. | 12571 |
(F) As used in this section: | 12572 |
(1) " | 12573 |
monitoring" has the same
meaning
as in section
| 12574 |
the Revised Code. | 12575 |
(2) "Equivalent offense" means any of the following: | 12576 |
(a) A violation of a municipal ordinance, law of another | 12577 |
state, or law of the United States that is substantially | 12578 |
equivalent to division (A) of this section; | 12579 |
(b) A violation of a former law of this state that was | 12580 |
substantially equivalent to division (A) of this section. | 12581 |
(3) "Jail" has the same meaning as in section 2929.01 of the | 12582 |
Revised Code. | 12583 |
(4) "Mandatory jail term" means the mandatory term in jail | 12584 |
of three, ten, or thirty consecutive days that must be imposed | 12585 |
under division (B)(1), (2), or (3) of this section upon an | 12586 |
offender convicted of a violation of division (A) of this section | 12587 |
and in relation to which all of the following apply: | 12588 |
(a) Except as specifically authorized under this section, | 12589 |
the term must be served in a jail. | 12590 |
(b) Except as specifically authorized under this section, | 12591 |
the term cannot be suspended, reduced, or otherwise modified | 12592 |
pursuant to
| 12593 |
the Revised Code. | 12594 |
Sec. 4511.181. As used in sections 4511.181 to 4511.197 of | 12595 |
the Revised Code: | 12596 |
(A) "Equivalent offense" means any of the following: | 12597 |
(1) A violation of division (A) or (B) of section 4511.19 of | 12598 |
the Revised Code; | 12599 |
(2) A violation of a municipal OVI ordinance; | 12600 |
(3) A violation of section 2903.04 of the Revised Code in a | 12601 |
case in which the offender was subject to the sanctions described | 12602 |
in division (D) of that section; | 12603 |
(4) A violation of division (A)(1) of section 2903.06 or | 12604 |
2903.08 of the Revised Code or a municipal ordinance that is | 12605 |
substantially equivalent to either of those divisions; | 12606 |
(5) A violation of division (A)(2), (3), or (4) of section | 12607 |
2903.06, division (A)(2) of section 2903.08, or former section | 12608 |
2903.07 of the Revised Code, or a municipal ordinance that is | 12609 |
substantially equivalent to any of those divisions or that former | 12610 |
section, in a case in which a judge or jury as the trier of fact | 12611 |
found that the offender was under the influence of alcohol, a drug | 12612 |
of abuse, or a combination of them; | 12613 |
(6) A violation of an existing or former municipal | 12614 |
ordinance, law of another state, or law of the United States that | 12615 |
is substantially equivalent to division (A) or (B) of section | 12616 |
4511.19 of the Revised Code; | 12617 |
(7) A violation of a former law of this state that was | 12618 |
substantially equivalent to division (A) or (B) of section 4511.19 | 12619 |
of the Revised Code. | 12620 |
(B) "Mandatory jail term" means the mandatory term in jail of | 12621 |
three, six, ten, twenty, thirty, or sixty days that must be | 12622 |
imposed under division (G)(1)(a), (b), or (c) of section 4511.19 | 12623 |
of the Revised Code upon an offender convicted of a violation of | 12624 |
division (A) of that section and in relation to which all of the | 12625 |
following apply: | 12626 |
(1) Except as specifically authorized under section 4511.19 | 12627 |
of the Revised Code, the term must be served in a jail. | 12628 |
(2) Except as specifically authorized under section 4511.19 | 12629 |
of the Revised Code, the term cannot be suspended, reduced, or | 12630 |
otherwise modified pursuant to
| 12631 |
2929.21 to 2929.28 or any other provision of the Revised Code. | 12632 |
(C) "Municipal OVI ordinance" and "municipal OVI offense" | 12633 |
mean any municipal ordinance prohibiting a person from operating a | 12634 |
vehicle while under the influence of alcohol, a drug of abuse, or | 12635 |
a combination of them or prohibiting a person from operating a | 12636 |
vehicle with a prohibited concentration of alcohol in the whole | 12637 |
blood, blood serum or plasma, breath, or urine. | 12638 |
(D) "Community residential sanction," "jail," "mandatory | 12639 |
prison term," "mandatory term of local incarceration," "sanction," | 12640 |
and "prison term" have the same meanings as in section 2929.01 of | 12641 |
the Revised Code. | 12642 |
Sec. 4511.19. (A) No person shall operate any vehicle, | 12643 |
streetcar, or trackless trolley within this state, if, at the time | 12644 |
of the operation, any of the following apply: | 12645 |
(1) The person is under the influence of alcohol, a drug of | 12646 |
abuse, or a combination of them; | 12647 |
(2) The person has a concentration of ten-hundredths of one | 12648 |
per cent or more but less than seventeen-hundredths of one per | 12649 |
cent by weight per unit volume of alcohol in the person's whole | 12650 |
blood; | 12651 |
(3) The person has a concentration of twelve-hundredths of | 12652 |
one per cent or more but less than two hundred four-thousandths of | 12653 |
one per cent by weight per unit volume of alcohol in the person's | 12654 |
blood serum or plasma; | 12655 |
(4) The person has a concentration of ten-hundredths of one | 12656 |
gram or more but less than seventeen-hundredths of one gram by | 12657 |
weight of alcohol per two hundred ten liters of the person's | 12658 |
breath; | 12659 |
(5) The person has a concentration of fourteen-hundredths of | 12660 |
one gram or more but less than two hundred | 12661 |
thirty-eight-thousandths of one gram by weight of alcohol per one | 12662 |
hundred milliliters of the person's urine; | 12663 |
(6) The person has a concentration of seventeen-hundredths | 12664 |
of one per cent or more by weight per unit volume of alcohol in | 12665 |
the person's whole blood; | 12666 |
(7) The person has a concentration of two hundred | 12667 |
four-thousandths of one per cent or more by weight per unit volume | 12668 |
of alcohol in the person's blood serum or plasma; | 12669 |
(8) The person has a concentration of seventeen-hundredths | 12670 |
of one gram or more by weight of alcohol per two hundred ten | 12671 |
liters of the person's breath; | 12672 |
(9) The person has a concentration of two hundred | 12673 |
thirty-eight-thousandths of one gram or more by weight of alcohol | 12674 |
per one hundred milliliters of the person's urine. | 12675 |
(B) No person under twenty-one years of age shall operate | 12676 |
any vehicle, streetcar, or trackless trolley within this state, | 12677 |
if, at the time of the operation, any of the following apply: | 12678 |
(1) The person has a concentration of at least | 12679 |
two-hundredths of one per cent but less than ten-hundredths of one | 12680 |
per cent by weight per unit volume of alcohol in the person's | 12681 |
whole blood; | 12682 |
(2) The person has a concentration of at least | 12683 |
three-hundredths of one per cent but less than twelve-hundredths | 12684 |
of one per cent by weight per unit volume of alcohol in the | 12685 |
person's blood serum or plasma; | 12686 |
(3) The person has a concentration of at least | 12687 |
two-hundredths of one gram but less than ten-hundredths of one | 12688 |
gram by weight of alcohol per two hundred ten liters of the | 12689 |
person's breath; | 12690 |
(4) The person has a concentration of at least twenty-eight | 12691 |
one-thousandths of one gram but less than fourteen-hundredths of | 12692 |
one gram by weight of alcohol per one hundred milliliters of the | 12693 |
person's urine. | 12694 |
(C) In any proceeding arising out of one incident, a person | 12695 |
may be charged with a violation of division (A)(1) and a violation | 12696 |
of division (B)(1), (2), or (3) of this section, but the person | 12697 |
may not be convicted of more than one violation of these | 12698 |
divisions. | 12699 |
(D)(1) In any criminal prosecution or juvenile court | 12700 |
proceeding for a violation of this section or for an equivalent | 12701 |
offense, the court may admit evidence on the concentration of | 12702 |
alcohol, drugs of abuse, or a combination of them in the | 12703 |
defendant's whole blood, blood serum or plasma, breath, urine, or | 12704 |
other bodily substance at the time of the alleged violation as | 12705 |
shown by chemical analysis of the substance withdrawn within two | 12706 |
hours of the time of the alleged violation. | 12707 |
When a person submits to a blood test at the request of a | 12708 |
law enforcement officer under section 4511.191 of the Revised | 12709 |
Code, only a physician, a registered nurse, or a qualified | 12710 |
technician, chemist, or phlebotomist shall withdraw blood for the | 12711 |
purpose of determining the alcohol, drug, or alcohol and drug | 12712 |
content of the whole blood, blood serum, or blood plasma. This | 12713 |
limitation does not apply to the taking of breath or urine | 12714 |
specimens. A person authorized to withdraw blood under this | 12715 |
division may refuse to withdraw blood under this division, if in | 12716 |
that person's opinion, the physical welfare of the person would be | 12717 |
endangered by the withdrawing of blood. | 12718 |
The bodily substance withdrawn shall be analyzed in | 12719 |
accordance with methods approved by the director of health by an | 12720 |
individual possessing a valid permit issued by the director | 12721 |
pursuant to section 3701.143 of the Revised Code. | 12722 |
(2) In a criminal prosecution or juvenile court proceeding | 12723 |
for a violation of division (A) of this section or for an | 12724 |
equivalent offense, if there was at the time the bodily substance | 12725 |
was withdrawn a concentration of less than the applicable | 12726 |
concentration of alcohol specified in divisions (A)(2), (3), (4), | 12727 |
and (5) of this section, that fact may be considered with other | 12728 |
competent evidence in determining the guilt or innocence of the | 12729 |
defendant. This division does not limit or affect a criminal | 12730 |
prosecution or juvenile court proceeding for a violation of | 12731 |
division (B) of this section or for an equivalent offense that is | 12732 |
substantially equivalent to that division. | 12733 |
(3) Upon the request of the person who was tested, the | 12734 |
results of the chemical test shall be made available to the person | 12735 |
or the person's attorney, immediately upon the completion of the | 12736 |
chemical test analysis. | 12737 |
The person tested may have a physician, a registered nurse, | 12738 |
or a qualified technician, chemist, or phlebotomist of the | 12739 |
person's own choosing administer a chemical test or tests, at the | 12740 |
person's expense, in addition to any administered at the request | 12741 |
of a law enforcement officer. The form to be read to the person | 12742 |
to be tested, as required under section 4511.192 of the Revised | 12743 |
Code, shall state that the person may have an independent test | 12744 |
performed at the person's expense. The failure or inability to | 12745 |
obtain an additional chemical test by a person shall not preclude | 12746 |
the admission of evidence relating to the chemical test or tests | 12747 |
taken at the request of a law enforcement officer. | 12748 |
(E)(1) Subject to division (E)(3) of this section, in any | 12749 |
criminal prosecution or juvenile court proceeding for a violation | 12750 |
of division (A)(2), (3), (4), (5), (6), (7), (8), or (9) or | 12751 |
(B)(1), (2), (3), or (4) of this section or for an equivalent | 12752 |
offense that is substantially equivalent to any of those | 12753 |
divisions, a laboratory report from any forensic laboratory | 12754 |
certified by the department of health that contains an analysis of | 12755 |
the whole blood, blood serum or plasma, breath, urine, or other | 12756 |
bodily substance tested and that contains all of the information | 12757 |
specified in this division shall be admitted as prima-facie | 12758 |
evidence of the information and statements that the report | 12759 |
contains. The laboratory report shall contain all of the | 12760 |
following: | 12761 |
(a) The signature, under oath, of any person who performed | 12762 |
the analysis; | 12763 |
(b) Any findings as to the identity and quantity of alcohol, | 12764 |
a drug of abuse, or a combination of them that was found; | 12765 |
(c) A copy of a notarized statement by the laboratory | 12766 |
director or a designee of the director that contains the name of | 12767 |
each certified analyst or test performer involved with the report, | 12768 |
the analyst's or test performer's employment relationship with the | 12769 |
laboratory that issued the report, and a notation that performing | 12770 |
an analysis of the type involved is part of the analyst's or test | 12771 |
performer's regular duties; | 12772 |
(d) An outline of the analyst's or test performer's | 12773 |
education, training, and experience in performing the type of | 12774 |
analysis involved and a certification that the laboratory | 12775 |
satisfies appropriate quality control standards in general and, in | 12776 |
this particular analysis, under rules of the department of health. | 12777 |
(2) Notwithstanding any other provision of law regarding the | 12778 |
admission of evidence, a report of the type described in division | 12779 |
(E)(1) of this section is not admissible against the defendant to | 12780 |
whom it pertains in any proceeding, other than a preliminary | 12781 |
hearing or a grand jury proceeding, unless the prosecutor has | 12782 |
served a copy of the report on the defendant's attorney or, if the | 12783 |
defendant has no attorney, on the defendant. | 12784 |
(3) A report of the type described in division (E)(1) of | 12785 |
this section shall not be prima-facie evidence of the contents, | 12786 |
identity, or amount of any substance if, within seven days after | 12787 |
the defendant to whom the report pertains or the defendant's | 12788 |
attorney receives a copy of the report, the defendant or the | 12789 |
defendant's attorney demands the testimony of the person who | 12790 |
signed the report. The judge in the case may extend the seven-day | 12791 |
time limit in the interest of justice. | 12792 |
(F) Except as otherwise provided in this division, any | 12793 |
physician, registered nurse, or qualified technician, chemist, or | 12794 |
phlebotomist who withdraws blood from a person pursuant to this | 12795 |
section, and any hospital, first-aid station, or clinic at which | 12796 |
blood is withdrawn from a person pursuant to this section, is | 12797 |
immune from criminal liability and civil liability based upon a | 12798 |
claim of assault and battery or any other claim that is not a | 12799 |
claim of malpractice, for any act performed in withdrawing blood | 12800 |
from the person. The immunity provided in this division is not | 12801 |
available to a person who withdraws blood if the person engages in | 12802 |
willful or wanton misconduct. | 12803 |
(G)(1) Whoever violates any provision of divisions (A)(1) to | 12804 |
(9) of this section is guilty of operating a vehicle under the | 12805 |
influence of alcohol, a drug of abuse, or a combination of them. | 12806 |
The court shall sentence the offender under Chapter 2929. of the | 12807 |
Revised Code, except as otherwise authorized or required by | 12808 |
divisions (G)(1)(a) to (e) of this section: | 12809 |
(a) Except as otherwise provided in division (G)(1)(b), (c), | 12810 |
(d), or (e) of this section, the offender is guilty of a | 12811 |
misdemeanor of the first degree, and the court shall sentence the | 12812 |
offender to all of the following: | 12813 |
(i) If the sentence is being imposed for a violation of | 12814 |
division (A)(1), (2), (3), (4), or (5) of this section, a | 12815 |
mandatory jail term of three consecutive days. As used in this | 12816 |
division, three consecutive days means seventy-two consecutive | 12817 |
hours. The court may sentence an offender to both an intervention | 12818 |
program and a jail term. The court may impose a jail term in | 12819 |
addition to the three-day mandatory jail term or intervention | 12820 |
program. However, in no case shall the cumulative jail term | 12821 |
imposed for the offense exceed six months. | 12822 |
The court may suspend the execution of the three-day jail | 12823 |
term under this division if the court, in lieu of that suspended | 12824 |
term, places the offender
| 12825 |
sanction pursuant to section 2929.25 of the Revised Code and | 12826 |
requires the offender to attend, for three consecutive days, a | 12827 |
drivers' intervention program certified under section 3793.10 of | 12828 |
the Revised Code. The court also may suspend the execution of any | 12829 |
part of the three-day jail term under this division if it places | 12830 |
the offender
| 12831 |
pursuant to section 2929.25 of the Revised Code for part of the | 12832 |
three days, requires the offender to attend for the suspended part | 12833 |
of the term a drivers' intervention program so certified, and | 12834 |
sentences the offender to a jail term equal to the remainder of | 12835 |
the three consecutive days that the offender does not spend | 12836 |
attending the program. The court may require the offender, as a | 12837 |
condition of
| 12838 |
required attendance at a drivers' intervention program, to attend | 12839 |
and satisfactorily complete any treatment or education programs | 12840 |
that comply with the minimum standards adopted pursuant to Chapter | 12841 |
3793. of the Revised Code by the director of alcohol and drug | 12842 |
addiction services that the operators of the drivers' intervention | 12843 |
program determine that the offender should attend and to report | 12844 |
periodically to the court on the offender's progress in the | 12845 |
programs. The court also may impose on the offender any other | 12846 |
conditions of
| 12847 |
necessary. | 12848 |
(ii) If the sentence is being imposed for a violation of | 12849 |
division (A)(6), (7), (8), or (9) of this section, except as | 12850 |
otherwise provided in this division, a mandatory jail term of at | 12851 |
least three consecutive days and a requirement that the offender | 12852 |
attend, for three consecutive days, a drivers' intervention | 12853 |
program that is certified pursuant to section 3793.10 of the | 12854 |
Revised Code. As used in this division, three consecutive days | 12855 |
means seventy-two consecutive hours. If the court determines that | 12856 |
the offender is not conducive to treatment in a drivers' | 12857 |
intervention program, if the offender refuses to attend a drivers' | 12858 |
intervention program, or if the jail at which the offender is to | 12859 |
serve the jail term imposed can provide a driver's intervention | 12860 |
program, the court shall sentence the offender to a mandatory jail | 12861 |
term of at least six consecutive days. | 12862 |
The court may require the offender,
| 12863 |
12864 | |
2929.25 of the Revised Code, to attend and satisfactorily complete | 12865 |
any treatment or education programs that comply with the minimum | 12866 |
standards adopted pursuant to Chapter 3793. of the Revised Code by | 12867 |
the director of alcohol and drug addiction services, in addition | 12868 |
to the required attendance at drivers' intervention program, that | 12869 |
the operators of the drivers' intervention program determine that | 12870 |
the offender should attend and to report periodically to the court | 12871 |
on the offender's progress in the programs. The court also may | 12872 |
impose
any other conditions of
| 12873 |
offender that it considers necessary. | 12874 |
(iii) In all cases, a fine of not less than two hundred fifty | 12875 |
and not more than one thousand dollars; | 12876 |
(iv) In all cases, a class five license suspension of the | 12877 |
offender's driver's or commercial driver's license or permit or | 12878 |
nonresident operating privilege from the range specified in | 12879 |
division (A)(5) of section 4510.02 of the Revised Code. The court | 12880 |
may grant limited driving privileges relative to the suspension | 12881 |
under sections 4510.021 and 4510.13 of the Revised Code. | 12882 |
(b) Except as otherwise provided in division (G)(1)(e) of | 12883 |
this section, an offender who, within six years of the offense, | 12884 |
previously has been convicted of or pleaded guilty to one | 12885 |
violation of division (A) or (B) of this section or one other | 12886 |
equivalent offense is guilty of a misdemeanor of the first degree. | 12887 |
The court shall sentence the offender to all of the following: | 12888 |
(i) If the sentence is being imposed for a violation of | 12889 |
division (A)(1), (2), (3), (4), or (5) of this section, a | 12890 |
mandatory jail term of ten consecutive days. The court shall | 12891 |
impose the ten-day mandatory jail term under this division unless, | 12892 |
subject to division (G)(3) of this section, it instead imposes a | 12893 |
sentence under that division consisting of both a jail term and a | 12894 |
term of
| 12895 |
monitoring. The court may impose a jail term in addition to the | 12896 |
ten-day mandatory jail term. The cumulative jail term imposed for | 12897 |
the offense shall not exceed six months. | 12898 |
In addition to the jail term or the term of
| 12899 |
12900 | |
the court may require the offender to attend a drivers' | 12901 |
intervention program that is certified pursuant to section 3793.10 | 12902 |
of the Revised Code. If the operator of the program determines | 12903 |
that the offender is alcohol dependent, the program shall notify | 12904 |
the court, and, subject to division (I) of this section, the court | 12905 |
shall order the offender to obtain treatment through an alcohol | 12906 |
and drug addiction program authorized by section 3793.02 of the | 12907 |
Revised Code. | 12908 |
(ii) If the sentence is being imposed for a violation of | 12909 |
division (A)(6), (7), (8), or (9) of this section, except as | 12910 |
otherwise provided in this division, a mandatory jail term of | 12911 |
twenty consecutive days. The court shall impose the twenty-day | 12912 |
mandatory jail term under this division unless, subject to | 12913 |
division (G)(3) of this section, it instead imposes a sentence | 12914 |
under that division consisting of both a jail term and a term of | 12915 |
12916 | |
The court may impose a jail term in addition to the twenty-day | 12917 |
mandatory jail term. The cumulative jail term imposed for the | 12918 |
offense shall not exceed six months. | 12919 |
In addition to the jail term or the term of
| 12920 |
12921 | |
the court may require the offender to attend a driver's | 12922 |
intervention program that is certified pursuant to section 3793.10 | 12923 |
of the Revised Code. If the operator of the program determines | 12924 |
that the offender is alcohol dependent, the program shall notify | 12925 |
the court, and, subject to division (I) of this section, the court | 12926 |
shall order the offender to obtain treatment through an alcohol | 12927 |
and drug addiction program authorized by section 3793.02 of the | 12928 |
Revised Code. | 12929 |
(iii) In all cases, notwithstanding the fines set forth in | 12930 |
Chapter 2929. of the Revised Code, a fine of not less than three | 12931 |
hundred fifty and not more than one thousand five hundred dollars; | 12932 |
(iv) In all cases, a class four license suspension of the | 12933 |
offender's driver's license, commercial driver's license, | 12934 |
temporary instruction permit, probationary license, or nonresident | 12935 |
operating privilege from the range specified in division (A)(4) of | 12936 |
section 4510.02 of the Revised Code. The court may grant limited | 12937 |
driving privileges relative to the suspension under sections | 12938 |
4510.021 and 4510.13 of the Revised Code. | 12939 |
(v) In all cases, if the vehicle is registered in the | 12940 |
offender's name, immobilization of the vehicle involved in the | 12941 |
offense for ninety days in accordance with section 4503.233 of the | 12942 |
Revised Code and impoundment of the license plates of that vehicle | 12943 |
for ninety days. | 12944 |
(c) Except as otherwise provided in division (G)(1)(e) of | 12945 |
this section, an offender who, within six years of the offense, | 12946 |
previously has been convicted of or pleaded guilty to two | 12947 |
violations of division (A) or (B) of this section or other | 12948 |
equivalent offenses is guilty of a misdemeanor. The court shall | 12949 |
sentence the offender to all of the following: | 12950 |
(i) If the sentence is being imposed for a violation of | 12951 |
division (A)(1), (2), (3), (4), or (5) of this section, a | 12952 |
mandatory jail term of thirty consecutive days. The court shall | 12953 |
impose the thirty-day mandatory jail term under this division | 12954 |
unless, subject to division (G)(3) of this section, it instead | 12955 |
imposes a sentence under that division consisting of both a jail | 12956 |
term and a term of
| 12957 |
electronic monitoring. The court may impose a jail term in | 12958 |
addition to the thirty-day mandatory jail term. Notwithstanding | 12959 |
the
jail terms
| 12960 |
2929.21 to 2929.28 of the Revised Code, the additional jail term | 12961 |
shall not exceed one year, and the cumulative jail term imposed | 12962 |
for the offense shall not exceed one year. | 12963 |
(ii) If the sentence is being imposed for a violation of | 12964 |
division (A)(6), (7), (8), or (9) of this section, a mandatory | 12965 |
jail term of sixty consecutive days. The court shall impose the | 12966 |
sixty-day mandatory jail term under this division unless, subject | 12967 |
to division (G)(3) of this section, it instead imposes a sentence | 12968 |
under that division consisting of both a jail term and a term of | 12969 |
12970 | |
The court may impose a jail term in addition to the sixty-day | 12971 |
mandatory jail term.
Notwithstanding
the
jail terms
| 12972 |
12973 | |
2929.28 of the Revised Code, the additional jail term shall not | 12974 |
exceed one year, and the cumulative jail term imposed for the | 12975 |
offense shall not exceed one year. | 12976 |
(iii) In all cases, notwithstanding the fines set forth in | 12977 |
Chapter 2929. of the Revised Code, a fine of not less than five | 12978 |
hundred fifty and not more than two thousand five hundred dollars; | 12979 |
(iv) In all cases, a class three license suspension of the | 12980 |
offender's driver's license, commercial driver's license, | 12981 |
temporary instruction permit, probationary license, or nonresident | 12982 |
operating privilege from the range specified in division (A)(3) of | 12983 |
section 4510.02 of the Revised Code. The court may grant limited | 12984 |
driving privileges relative to the suspension under sections | 12985 |
4510.021 and 4510.13 of the Revised Code. | 12986 |
(v) In all cases, if the vehicle is registered in the | 12987 |
offender's name, criminal forfeiture of the vehicle involved in | 12988 |
the offense in accordance with section 4503.234 of the Revised | 12989 |
Code. Division (G)(6) of this section applies regarding any | 12990 |
vehicle that is subject to an order of criminal forfeiture under | 12991 |
this division. | 12992 |
(vi) In all cases, participation in an alcohol and drug | 12993 |
addiction program authorized by section 3793.02 of the Revised | 12994 |
Code, subject to division (I) of this section. | 12995 |
(d) Except as otherwise provided in division (G)(1)(e) of | 12996 |
this section, an offender who, within six years of the offense, | 12997 |
previously has been convicted of or pleaded guilty to three or | 12998 |
more violations of division (A) or (B) of this section or other | 12999 |
equivalent offenses is guilty of a felony of the fourth degree. | 13000 |
The court shall sentence the offender to all of the following: | 13001 |
(i) If the sentence is being imposed for a violation of | 13002 |
division (A)(1), (2), (3), (4), or (5) of this section, in the | 13003 |
discretion of the court, either a mandatory term of local | 13004 |
incarceration of sixty consecutive days in accordance with | 13005 |
division (G)(1) of section 2929.13 of the Revised Code or a | 13006 |
mandatory prison term of sixty consecutive days
| 13007 |
accordance with division (G)(2) of that section. If the court | 13008 |
imposes a mandatory term of local incarceration, it may impose a | 13009 |
jail term in addition to the sixty-day mandatory term, the | 13010 |
cumulative total of the mandatory term and the jail term for the | 13011 |
offense shall not exceed one year, and no prison term is | 13012 |
authorized for the offense. If the court imposes a mandatory | 13013 |
prison term, notwithstanding division (A)(4) of section 2929.14 of | 13014 |
the Revised Code, it also may sentence the offender to a definite | 13015 |
prison term that shall be not less than six months and not more | 13016 |
than thirty months, the prison terms shall be imposed as described | 13017 |
in division (G)(2) of section 2929.13 of the Revised Code, and no | 13018 |
term of local incarceration, community residential sanction, or | 13019 |
nonresidential sanction is authorized for the offense. | 13020 |
(ii) If the sentence is being imposed for a violation of | 13021 |
division (A)(6), (7), (8), or (9) of this section, in the | 13022 |
discretion of the court, either a mandatory term of local | 13023 |
incarceration of one hundred twenty consecutive days in accordance | 13024 |
with division (G)(1) of section 2929.13 of the Revised Code or a | 13025 |
mandatory prison term of one hundred twenty consecutive days in | 13026 |
accordance with division (G)(2) of that section. If the court | 13027 |
imposes a mandatory term of local incarceration, it may impose a | 13028 |
jail term in addition to the one hundred twenty-day mandatory | 13029 |
term, the cumulative total of the mandatory term and the jail term | 13030 |
for the offense shall not exceed one year, and no prison term is | 13031 |
authorized for the offense. If the court imposes a mandatory | 13032 |
prison term, notwithstanding division (A)(4) of section 2929.14 of | 13033 |
the Revised Code, it also may sentence the offender to a definite | 13034 |
prison term that shall be not less than six months and not more | 13035 |
than thirty months, the prison terms shall be imposed as described | 13036 |
in division (G)(2) of section 2929.13 of the Revised Code, and no | 13037 |
term of local incarceration, community residential sanction, or | 13038 |
nonresidential sanction is authorized for the offense. | 13039 |
(iii) In all cases, notwithstanding section 2929.18 of the | 13040 |
Revised Code, a fine of not less than eight hundred nor more than | 13041 |
ten thousand dollars; | 13042 |
(iv) In all cases, a class two license suspension of the | 13043 |
offender's driver's license, commercial driver's license, | 13044 |
temporary instruction permit, probationary license, or nonresident | 13045 |
operating privilege from the range specified in division (A)(2) of | 13046 |
section 4510.02 of the Revised Code. The court may grant limited | 13047 |
driving privileges relative to the suspension under sections | 13048 |
4510.021 and 4510.13 of the Revised Code. | 13049 |
(v) In all cases, if the vehicle is registered in the | 13050 |
offender's name, criminal forfeiture of the vehicle involved in | 13051 |
the offense in accordance with section 4503.234 of the Revised | 13052 |
Code. Division (G)(6) of this section applies regarding any | 13053 |
vehicle that is subject to an order of criminal forfeiture under | 13054 |
this division. | 13055 |
(vi) In all cases, participation in an alcohol and drug | 13056 |
addiction program authorized by section 3793.02 of the Revised | 13057 |
Code, subject to division (I) of this section. | 13058 |
(vii) In all cases, if the court sentences the offender to a | 13059 |
mandatory term of local incarceration, in addition to the | 13060 |
mandatory term, the court, pursuant to section 2929.17 of the | 13061 |
Revised Code,
may impose a term
of
| 13062 |
arrest with electronic monitoring. The term shall not commence | 13063 |
until after the offender has served the mandatory term of local | 13064 |
incarceration. | 13065 |
(e) An offender who previously has been convicted of or | 13066 |
pleaded guilty to a violation of division (A) of this section that | 13067 |
was a felony, regardless of when the violation and the conviction | 13068 |
or guilty plea occurred, is guilty of a felony of the third | 13069 |
degree. The court shall sentence the offender to all of the | 13070 |
following: | 13071 |
(i) If the offender is being sentenced for a violation of | 13072 |
division (A)(1), (2), (3), (4), or (5) of this section, a | 13073 |
mandatory prison term of sixty consecutive days in accordance with | 13074 |
division (G)(2) of section 2929.13 of the Revised Code. The court | 13075 |
may impose a prison term in addition to the sixty-day mandatory | 13076 |
prison term. The cumulative total of the mandatory prison term | 13077 |
and the additional prison term for the offense shall not exceed | 13078 |
five years. No term of local incarceration, community residential | 13079 |
sanction, or nonresidential sanction is authorized for the | 13080 |
offense. | 13081 |
(ii) If the sentence is being imposed for a violation of | 13082 |
division (A)(6), (7), (8), or (9) of this section, a mandatory | 13083 |
prison term of one hundred twenty consecutive days in accordance | 13084 |
with division (G)(2) of section 2929.13 of the Revised Code. The | 13085 |
court may impose a prison term in addition to the one hundred | 13086 |
twenty-day mandatory prison term. The cumulative total of the | 13087 |
mandatory prison term and the additional prison term for the | 13088 |
offense shall not exceed five years. No term of local | 13089 |
incarceration, community residential sanction, or nonresidential | 13090 |
sanction is authorized for the offense. | 13091 |
(iii) In all cases, notwithstanding section 2929.18 of the | 13092 |
Revised Code, a fine of not less than eight hundred nor more than | 13093 |
ten thousand dollars; | 13094 |
(iv) In all cases, a class two license suspension of the | 13095 |
offender's driver's license, commercial driver's license, | 13096 |
temporary instruction permit, probationary license, or nonresident | 13097 |
operating privilege from the range specified in division (A)(2) of | 13098 |
section 4510.02 of the Revised Code. The court may grant limited | 13099 |
driving privileges relative to the suspension under sections | 13100 |
4510.021 and 4510.13 of the Revised Code. | 13101 |
(v) In all cases, if the vehicle is registered in the | 13102 |
offender's name, criminal forfeiture of the vehicle involved in | 13103 |
the offense in accordance with section 4503.234 of the Revised | 13104 |
Code. Division (G)(6) of this section applies regarding any | 13105 |
vehicle that is subject to an order of criminal forfeiture under | 13106 |
this division. | 13107 |
(vi) In all cases, participation in an alcohol and drug | 13108 |
addiction program authorized by section 3793.02 of the Revised | 13109 |
Code, subject to division (I) of this section. | 13110 |
(2) An offender who is convicted of or pleads guilty to a | 13111 |
violation of division (A) of this section and who subsequently | 13112 |
seeks reinstatement of the driver's or occupational driver's | 13113 |
license or permit or nonresident operating privilege suspended | 13114 |
under this section as a result of the conviction or guilty plea | 13115 |
shall pay a reinstatement fee as provided in division (F)(2) of | 13116 |
section 4511.191 of the Revised Code. | 13117 |
(3) If an offender is sentenced to a jail term under | 13118 |
division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this | 13119 |
section and if, within sixty days of sentencing of the offender, | 13120 |
the court issues a written finding on the record that, due to the | 13121 |
unavailability of space at the jail where the offender is required | 13122 |
to serve the term, the offender will not be able to begin serving | 13123 |
that term within the sixty-day period following the date of | 13124 |
sentencing, the court may impose an alternative sentence under | 13125 |
this division that includes a
term of
| 13126 |
house arrest | 13127 |
with electronic monitoring. | 13128 |
As an alternative to a mandatory jail term of ten consecutive | 13129 |
days required by division (G)(1)(b)(i) of this section, the court, | 13130 |
under this division, may sentence the offender to five consecutive | 13131 |
days in jail and not less than eighteen consecutive days of | 13132 |
13133 | |
The cumulative total of the five consecutive days in jail and the | 13134 |
period of
| 13135 |
monitoring shall not exceed six months. The five consecutive days | 13136 |
in jail do not have to be served prior to or consecutively to the | 13137 |
period of house arrest. | 13138 |
As an alternative to the mandatory jail term of twenty | 13139 |
consecutive days required by division (G)(1)(b)(ii) of this | 13140 |
section, the court, under this division, may sentence the offender | 13141 |
to ten consecutive days in jail and not less than thirty-six | 13142 |
consecutive days of
| 13143 |
electronic monitoring. The cumulative total of the ten | 13144 |
consecutive days in
jail and the
period of
| 13145 |
13146 | |
six months. The ten consecutive days in jail do not have to be | 13147 |
served prior to or consecutively to the period of house arrest. | 13148 |
As an alternative to a mandatory jail term of thirty | 13149 |
consecutive days required by division (G)(1)(c)(i) of this | 13150 |
section, the court, under this division, may sentence the offender | 13151 |
to fifteen consecutive days in jail and not less than fifty-five | 13152 |
consecutive days of
| 13153 |
electronic monitoring. The cumulative total of the fifteen | 13154 |
consecutive days in jail and the
period of
| 13155 |
13156 | |
one year. The fifteen consecutive days in jail do not have to be | 13157 |
served prior to or consecutively to the period of house arrest. | 13158 |
As an alternative to the mandatory jail term of sixty | 13159 |
consecutive days required by division (G)(1)(c)(ii) of this | 13160 |
section, the court, under this division, may sentence the offender | 13161 |
to thirty consecutive days in jail and not less than one hundred | 13162 |
ten
consecutive days of
| 13163 |
electronic monitoring. The cumulative total of the thirty | 13164 |
consecutive days in jail and
the
period of
| 13165 |
13166 | |
one year. The thirty consecutive days in jail do not have to be | 13167 |
served prior to or consecutively to the period of house arrest. | 13168 |
(4) If an offender's driver's or occupational driver's | 13169 |
license or permit or nonresident operating privilege is suspended | 13170 |
under division (G) of this section and if section 4510.13 of the | 13171 |
Revised Code permits the court to grant limited driving | 13172 |
privileges, the court may grant the limited driving privileges | 13173 |
only if the court imposes as one of the conditions of the | 13174 |
privileges that the offender must display on the vehicle that is | 13175 |
driven subject to the privileges restricted license plates that | 13176 |
are issued under section 4503.231 of the Revised Code, except as | 13177 |
provided in division (B) of that section. | 13178 |
(5) Fines imposed under this section for a violation of | 13179 |
division (A) of this section shall be distributed as follows: | 13180 |
(a) Twenty-five dollars of the fine imposed under division | 13181 |
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under | 13182 |
division (G)(1)(b)(iii), one hundred twenty-three dollars of the | 13183 |
fine imposed under division (G)(1)(c)(iii), and two hundred ten | 13184 |
dollars of the fine imposed under division (G)(1)(d)(iii) or | 13185 |
(e)(iii) of this section shall be paid to an enforcement and | 13186 |
education fund established by the legislative authority of the law | 13187 |
enforcement agency in this state that primarily was responsible | 13188 |
for the arrest of the offender, as determined by the court that | 13189 |
imposes the fine. The agency shall use this share to pay only | 13190 |
those costs it incurs in enforcing this section or a municipal OVI | 13191 |
ordinance and in informing the public of the laws governing the | 13192 |
operation of a vehicle while under the influence of alcohol, the | 13193 |
dangers of the operation of a vehicle under the influence of | 13194 |
alcohol, and other information relating to the operation of a | 13195 |
vehicle under the influence of alcohol and the consumption of | 13196 |
alcoholic beverages. | 13197 |
(b) Fifty dollars of the fine imposed under division | 13198 |
(G)(1)(a)(iii) of this section shall be paid to the political | 13199 |
subdivision that pays the cost of housing the offender during the | 13200 |
offender's term of incarceration. If the offender is being | 13201 |
sentenced for a violation of division (A)(1), (2), (3), (4), or | 13202 |
(5) of this section and was confined as a result of the offense | 13203 |
prior to being sentenced for the offense but is not sentenced to a | 13204 |
term of incarceration, the fifty dollars shall be paid to the | 13205 |
political subdivision that paid the cost of housing the offender | 13206 |
during that period of confinement. The political subdivision | 13207 |
shall use the share under this division to pay or reimburse | 13208 |
incarceration or treatment costs it incurs in housing or providing | 13209 |
drug and alcohol treatment to persons who violate this section or | 13210 |
a municipal OVI ordinance, costs of any immobilizing or disabling | 13211 |
device used on the offender's vehicle, and costs of electronic | 13212 |
house arrest equipment needed for persons who violate this | 13213 |
section. | 13214 |
(c) Twenty-five dollars of the fine imposed under division | 13215 |
(G)(1)(a)(iii) and fifty dollars of the fine imposed under | 13216 |
division (G)(1)(b)(iii) of this section shall be deposited into | 13217 |
the county or municipal indigent drivers' alcohol treatment fund | 13218 |
under the control of that court, as created by the county or | 13219 |
municipal corporation under division (N) of section 4511.191 of | 13220 |
the Revised Code. | 13221 |
(d) One hundred fifteen dollars of the fine imposed under | 13222 |
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the | 13223 |
fine imposed under division (G)(1)(c)(iii), and four hundred forty | 13224 |
dollars of the fine imposed under division (G)(1)(d)(iii) or | 13225 |
(e)(iii) of this section shall be paid to the political | 13226 |
subdivision that pays the cost of housing the offender during the | 13227 |
offender's term of incarceration. The political subdivision shall | 13228 |
use this share to pay or reimburse incarceration or treatment | 13229 |
costs it incurs in housing or providing drug and alcohol treatment | 13230 |
to persons who violate this section or a municipal OVI ordinance, | 13231 |
costs for any immobilizing or disabling device used on the | 13232 |
offender's vehicle, and costs of electronic house arrest equipment | 13233 |
needed for persons who violate this section. | 13234 |
(e) The balance of the fine imposed under division | 13235 |
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this | 13236 |
section shall be disbursed as otherwise provided by law. | 13237 |
(6) If title to a motor vehicle that is subject to an order | 13238 |
of criminal forfeiture under division (G)(1)(c), (d), or (e) of | 13239 |
this section is assigned or transferred and division (B)(2) or (3) | 13240 |
of section 4503.234 of the Revised Code applies, in addition to or | 13241 |
independent of any other penalty established by law, the court may | 13242 |
fine the offender the value of the vehicle as determined by | 13243 |
publications of the national auto dealers association. The | 13244 |
proceeds of any fine so imposed shall be distributed in accordance | 13245 |
with division (C)(2) of that section. | 13246 |
(7) As used in division (G) of this section, "electronic | 13247 |
monitoring," "mandatory prison term," and "mandatory term of local | 13248 |
incarceration" have the same meanings as in section 2929.01 of the | 13249 |
Revised Code. | 13250 |
(H) Whoever violates division (B) of this section is guilty | 13251 |
of operating a vehicle after underage alcohol consumption and | 13252 |
shall be punished as follows: | 13253 |
(1) Except as otherwise provided in division (H)(2) of this | 13254 |
section, the offender is guilty of a misdemeanor of the fourth | 13255 |
degree. In addition to any other sanction imposed for the | 13256 |
offense, the court shall impose a class six suspension of the | 13257 |
offender's driver's license, commercial driver's license, | 13258 |
temporary instruction permit, probationary license, or nonresident | 13259 |
operating privilege from the range specified in division (A)(6) of | 13260 |
section 4510.02 of the Revised Code. | 13261 |
(2) If, within one year of the offense, the offender | 13262 |
previously has been convicted of or pleaded guilty to one or more | 13263 |
violations of division (A) or (B) of this section or other | 13264 |
equivalent offense offenses, the offender is guilty of a | 13265 |
misdemeanor of the third degree. In addition to any other | 13266 |
sanction imposed for the offense, the court shall impose a class | 13267 |
four suspension of the offender's driver's license, commercial | 13268 |
driver's license, temporary instruction permit, probationary | 13269 |
license, or nonresident operating privilege from the range | 13270 |
specified in division (A)(4) of section 4510.02 of the Revised | 13271 |
Code. | 13272 |
(I)(1) No court shall sentence an offender to an alcohol | 13273 |
treatment program under this section unless the treatment program | 13274 |
complies with the minimum standards for alcohol treatment programs | 13275 |
adopted under Chapter 3793. of the Revised Code by the director of | 13276 |
alcohol and drug addiction services. | 13277 |
(2) An offender who stays in a drivers' intervention program | 13278 |
or in an alcohol treatment program under an order issued under | 13279 |
this section shall pay the cost of the stay in the program. | 13280 |
However, if the court determines that an offender who stays in an | 13281 |
alcohol treatment program under an order issued under this section | 13282 |
is unable to pay the cost of the stay in the program, the court | 13283 |
may order that the cost be paid from the court's indigent drivers' | 13284 |
alcohol treatment fund. | 13285 |
(J) If a person whose driver's or commercial driver's license | 13286 |
or permit or nonresident operating privilege is suspended under | 13287 |
this section files an appeal regarding any aspect of the person's | 13288 |
trial or sentence, the appeal itself does not stay the operation | 13289 |
of the suspension. | 13290 |
(K) All terms defined in sections 4510.01 of the Revised Code | 13291 |
apply to this section. If the meaning of a term defined in | 13292 |
section 4510.01 of the Revised Code conflicts with the meaning of | 13293 |
the same term as defined in section 4501.01 or 4511.01 of the | 13294 |
Revised Code, the term as defined in section 4510.01 of the | 13295 |
Revised Code applies to this section. | 13296 |
(L)(1)
The Ohio Traffic Rules in effect
on
| 13297 |
13298 | |
under authority of section 2937.46 of the Revised Code, do not | 13299 |
apply to felony violations of this section. Subject to division | 13300 |
(L)(2) of this section, the Rules of Criminal Procedure apply to | 13301 |
felony violations of this section. | 13302 |
(2) If, on or after
| 13303 |
January 1, 2004, the supreme court modifies the Ohio Traffic Rules | 13304 |
to provide procedures to govern felony violations of this section, | 13305 |
the modified rules shall apply to felony violations of this | 13306 |
section. | 13307 |
Sec. 4511.213. (A) The driver of a motor vehicle, upon | 13308 |
approaching a stationary public safety vehicle that is displaying | 13309 |
a flashing red light, flashing combination red and white light, | 13310 |
oscillating or rotating red light, oscillating or rotating | 13311 |
combination red and white light, flashing blue light, flashing | 13312 |
combination blue and white light, oscillating or rotating blue | 13313 |
light, or oscillating or rotating combination blue and white | 13314 |
light, shall do either of the following: | 13315 |
(1) If the driver of the motor vehicle is traveling on a | 13316 |
highway that consists of at least two lanes that carry traffic in | 13317 |
the same direction of travel as that of the driver's motor | 13318 |
vehicle, the driver shall proceed with due caution and, if | 13319 |
possible and with due regard to the road, weather, and traffic | 13320 |
conditions, shall change lanes into a lane that is not adjacent to | 13321 |
that of the stationary public safety vehicle. | 13322 |
(2) If the driver is not traveling on a highway of a type | 13323 |
described in division (A)(1) of this section, or if the driver is | 13324 |
traveling on a highway of that type but it is not possible to | 13325 |
change lanes or if to do so would be unsafe, the driver shall | 13326 |
proceed with due caution, reduce the speed of the motor vehicle, | 13327 |
and maintain a safe speed for the road, weather, and traffic | 13328 |
conditions. | 13329 |
(B) This section does not relieve the driver of a public | 13330 |
safety vehicle from the duty to drive with due regard for the | 13331 |
safety of all persons and property upon the highway. | 13332 |
(C) No person shall fail to drive a motor vehicle in | 13333 |
compliance with division (A)(1) or (2) of this section when so | 13334 |
required by division (A) of this section. | 13335 |
(D)(1) Except as otherwise provided in this division, | 13336 |
whoever violates this section is guilty of a minor misdemeanor. | 13337 |
If, within one year of the offense, the offender previously has | 13338 |
been convicted of or pleaded guilty to one predicate motor vehicle | 13339 |
or traffic offense, whoever violates this section is guilty of a | 13340 |
misdemeanor of the fourth degree. If, within one year of the | 13341 |
offense, the offender previously has been convicted of two or more | 13342 |
predicate motor vehicle or traffic offenses, whoever violates this | 13343 |
section is guilty of a misdemeanor of the third degree. | 13344 |
(2) Notwithstanding section
| 13345 |
Code, upon a finding that a person operated a motor vehicle in | 13346 |
violation of division (C) of this section, the court, in addition | 13347 |
to all other penalties provided by law, shall impose a fine of two | 13348 |
times the usual amount imposed for the violation. | 13349 |
(E) As used in this section, "public safety vehicle" has the | 13350 |
same meaning as in section 4511.01 of the Revised Code. | 13351 |
Sec. 4511.512. (A)(1) Electric personal assistive mobility | 13352 |
devices may be operated on the public streets, highways, | 13353 |
sidewalks, and paths and portions of roadways set aside for the | 13354 |
exclusive use of bicycles in accordance with this section. | 13355 |
(2) Except as otherwise provided in this section, those | 13356 |
sections of this chapter that by their nature are applicable to an | 13357 |
electric personal assistive mobility device apply to the device | 13358 |
and the person operating it whenever it is operated upon any | 13359 |
public street, highway, sidewalk, or path or upon any portion of a | 13360 |
roadway set aside for the exclusive use of bicycles. | 13361 |
(3) A local authority may regulate or prohibit the operation | 13362 |
of electric personal assistive mobility devices on public streets, | 13363 |
highways, sidewalks, and paths, and portions of roadways set aside | 13364 |
for the exclusive use of bicycles, under its jurisdiction. | 13365 |
(B) No operator of an electric personal assistive mobility | 13366 |
device shall do any of the following: | 13367 |
(1) Fail to yield the right-of-way to all pedestrians and | 13368 |
human-powered vehicles at all times; | 13369 |
(2) Fail to give an audible signal before overtaking and | 13370 |
passing a pedestrian; | 13371 |
(3) Operate the device at night unless the device or its | 13372 |
operator is equipped with or wearing both of the following: | 13373 |
(a) A lamp pointing to the front that emits a white light | 13374 |
visible from a distance of not less than five hundred feet; | 13375 |
(b) A red reflector facing the rear that is visible from all | 13376 |
distances from one hundred feet to six hundred feet when directly | 13377 |
in front of lawful lower beams of head lamps on a motor vehicle. | 13378 |
(4) Operate the device on any portion of a street or highway | 13379 |
that has an established speed limit of fifty-five miles per hour | 13380 |
or more; | 13381 |
(5) Operate the device upon any path set aside for the | 13382 |
exclusive use of pedestrians or other specialized use when an | 13383 |
appropriate sign giving notice of the specialized use is posted on | 13384 |
the path; | 13385 |
(6) If under eighteen years of age, operate the device | 13386 |
unless wearing a protective helmet on the person's head with the | 13387 |
chin strap properly fastened; | 13388 |
(7) If under sixteen years of age, operate the device | 13389 |
unless, during the operation, the person is under the direct | 13390 |
visual and audible supervision of another person who is eighteen | 13391 |
years of age or older and is responsible for the immediate care of | 13392 |
the person under sixteen years of age. | 13393 |
(C) No person who is under fourteen years of age shall | 13394 |
operate an electric personal assistive mobility device. | 13395 |
(D) No person shall distribute or sell an electric personal | 13396 |
assistive mobility device unless the device is accompanied by a | 13397 |
written statement that is substantially equivalent to the | 13398 |
following: "WARNING: TO REDUCE THE RISK OF SERIOUS INJURY, USE | 13399 |
ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT – HELMET, WRIST | 13400 |
GUARDS, ELBOW PADS, AND KNEE PADS." | 13401 |
(E) Nothing in this section affects or shall be construed to | 13402 |
affect any rule of the director of natural resources or a board of | 13403 |
park district commissioners governing the operation of vehicles on | 13404 |
lands under the control of the director or board, as applicable. | 13405 |
(F)(1) Whoever violates division (B) or (C) of this section | 13406 |
is guilty of a minor misdemeanor and shall be punished as follows: | 13407 |
(a) The offender shall be fined ten dollars. | 13408 |
(b) If the offender previously has been convicted of or | 13409 |
pleaded guilty to a violation of division (B) or (C) of this | 13410 |
section or a substantially similar municipal ordinance, the court, | 13411 |
in addition to imposing the fine required under division (F)(1) of | 13412 |
this section, shall do one of the following: | 13413 |
(i) Order the impoundment for not less than one day but | 13414 |
not more than thirty days of the electric personal assistive | 13415 |
mobility device that was involved in the current violation of that | 13416 |
division. The court shall order the device to be impounded at a | 13417 |
safe indoor location designated by the court and may assess | 13418 |
storage fees of not more than five dollars per day, provided the | 13419 |
total storage, processing, and release fees assessed against the | 13420 |
offender or the device in connection with the device's impoundment | 13421 |
or subsequent release shall not exceed fifty dollars. | 13422 |
(ii) If the court does not issue an impoundment order | 13423 |
pursuant to division (F)(1)(b)(i) of this section, issue an order | 13424 |
prohibiting the offender from operating any electric personal | 13425 |
assistive mobility device on the public streets, highways, | 13426 |
sidewalks, and paths and portions of roadways set aside for the | 13427 |
exclusive use of bicycles for not less than one day but not more | 13428 |
than thirty days. | 13429 |
(2) Whoever violates division (D) of this section is | 13430 |
guilty of a minor misdemeanor. | 13431 |
Sec. 4511.69. (A) Every vehicle stopped or parked upon a | 13432 |
roadway where there is an adjacent curb shall be stopped or parked | 13433 |
with the right-hand wheels of the vehicle parallel with and not | 13434 |
more than twelve inches from the right-hand curb, unless it is | 13435 |
impossible to approach so close to the curb; in such case the stop | 13436 |
shall be made as close to the curb as possible and only for the | 13437 |
time necessary to discharge and receive passengers or to load or | 13438 |
unload merchandise. Local authorities by ordinance may permit | 13439 |
angle parking on any roadway under their jurisdiction, except that | 13440 |
angle parking shall not be permitted on a state route within a | 13441 |
municipal corporation unless an unoccupied roadway width of not | 13442 |
less than twenty-five feet is available for free-moving traffic. | 13443 |
(B) Local authorities by ordinance may permit parking of | 13444 |
vehicles with the left-hand wheels adjacent to and within twelve | 13445 |
inches of the left-hand curb of a one-way roadway. | 13446 |
(C) No vehicle or trackless trolley shall be stopped or | 13447 |
parked on a road or highway with the vehicle or trackless trolley | 13448 |
facing in a direction other than the direction of travel on that | 13449 |
side of the road or highway. | 13450 |
(D) Notwithstanding any statute or any rule, resolution, or | 13451 |
ordinance adopted by any local authority, air compressors, | 13452 |
tractors, trucks, and other equipment, while being used in the | 13453 |
construction, reconstruction, installation, repair, or removal of | 13454 |
facilities near, on, over, or under a street or highway, may stop, | 13455 |
stand, or park where necessary in order to perform such work, | 13456 |
provided a flagperson is on duty or warning signs or lights are | 13457 |
displayed as may be prescribed by the director of transportation. | 13458 |
(E) Special parking locations and privileges for persons | 13459 |
with disabilities that limit or impair the ability to walk, also | 13460 |
known as handicapped parking spaces or disability parking spaces, | 13461 |
shall be provided and designated by all political subdivisions and | 13462 |
by the state and all agencies and instrumentalities thereof at all | 13463 |
offices and facilities, where parking is provided, whether owned, | 13464 |
rented, or leased, and at all publicly owned parking garages. The | 13465 |
locations shall be designated through the posting of an elevated | 13466 |
sign, whether permanently affixed or movable, imprinted with the | 13467 |
international symbol of access and shall be reasonably close to | 13468 |
exits, entrances, elevators, and ramps. All elevated signs posted | 13469 |
in accordance with this division and division (C) of section | 13470 |
3781.111 of the Revised Code shall be mounted on a fixed or | 13471 |
movable post, and the distance from the ground to the top edge of | 13472 |
the sign shall measure five feet. If a new sign or a replacement | 13473 |
sign designating a special parking location is posted on or after | 13474 |
October 14, 1999, there also shall be affixed upon the surface of | 13475 |
that sign or affixed next to the designating sign a notice that | 13476 |
states the fine applicable for the offense of parking a motor | 13477 |
vehicle in the special designated parking location if the motor | 13478 |
vehicle is not legally entitled to be parked in that location. | 13479 |
(F)(1) No person shall stop, stand, or park any motor | 13480 |
vehicle at special parking locations provided under division (E) | 13481 |
of this section or at special clearly marked parking locations | 13482 |
provided in or on privately owned parking lots, parking garages, | 13483 |
or other parking areas and designated in accordance with that | 13484 |
division, unless one of the following applies: | 13485 |
(a) The motor vehicle is being operated by or for the | 13486 |
transport of a person with a disability that limits or impairs the | 13487 |
ability to walk and is displaying a valid removable windshield | 13488 |
placard or special license plates; | 13489 |
(b) The motor vehicle is being operated by or for the | 13490 |
transport of a handicapped person and is displaying a parking card | 13491 |
or special handicapped license plates. | 13492 |
(2) Any motor vehicle that is parked in a special marked | 13493 |
parking location in violation of division (F)(1)(a) or (b) of this | 13494 |
section may be towed or otherwise removed from the parking | 13495 |
location by the law enforcement agency of the political | 13496 |
subdivision in which the parking location is located. A motor | 13497 |
vehicle that is so towed or removed shall not be released to its | 13498 |
owner until the owner presents proof of ownership of the motor | 13499 |
vehicle and pays all towing and storage fees normally imposed by | 13500 |
that political subdivision for towing and storing motor vehicles. | 13501 |
If the motor vehicle is a leased vehicle, it shall not be released | 13502 |
to the lessee until the lessee presents proof that that person is | 13503 |
the lessee of the motor vehicle and pays all towing and storage | 13504 |
fees normally imposed by that political subdivision for towing and | 13505 |
storing motor vehicles. | 13506 |
(3) If a person is charged with a violation of division | 13507 |
(F)(1)(a) or (b) of this section, it is an affirmative defense to | 13508 |
the charge that the person suffered an injury not more than | 13509 |
seventy-two hours prior to the time the person was issued the | 13510 |
ticket or citation and that, because of the injury, the person | 13511 |
meets at least one of the criteria contained in division (A)(1) of | 13512 |
section 4503.44 of the Revised Code. | 13513 |
(G) When a motor vehicle is being operated by or for the | 13514 |
transport of a person with a disability that limits or impairs the | 13515 |
ability to walk and is displaying a removable windshield placard | 13516 |
or a temporary removable windshield placard or special license | 13517 |
plates, or when a motor vehicle is being operated by or for the | 13518 |
transport of a handicapped person and is displaying a parking card | 13519 |
or special handicapped license plates, the motor vehicle is | 13520 |
permitted to park for a period of two hours in excess of the legal | 13521 |
parking period permitted by local authorities, except where local | 13522 |
ordinances or police rules provide otherwise or where the vehicle | 13523 |
is parked in such a manner as to be clearly a traffic hazard. | 13524 |
(H) No owner of an office, facility, or parking garage where | 13525 |
special parking locations are required to be designated in | 13526 |
accordance with division (E) of this section shall fail to | 13527 |
properly mark the special parking locations in accordance with | 13528 |
that division or fail to maintain the markings of the special | 13529 |
locations, including the erection and maintenance of the fixed or | 13530 |
movable signs. | 13531 |
(I) Nothing in this section shall be construed to require a | 13532 |
person or organization to apply for a removable windshield placard | 13533 |
or special license plates if the parking card or special license | 13534 |
plates issued to the person or organization under prior law have | 13535 |
not expired or been surrendered or revoked. | 13536 |
(J)(1) Whoever violates division (A) or (C) of this section | 13537 |
is guilty of a minor misdemeanor. | 13538 |
(2)(a) Whoever violates division (F)(1)(a) or (b) of this | 13539 |
section is guilty of a misdemeanor and shall be punished as | 13540 |
provided in division (J)(2)(a) and (b) of this section. Except as | 13541 |
otherwise provided in division (J)(2)(a) of this section, an | 13542 |
offender who violates division (F)(1)(a) or (b) of this section | 13543 |
shall be fined not less than two hundred fifty nor more than five | 13544 |
hundred dollars. An offender who violates division (F)(1)(a) or | 13545 |
(b) of this section shall be fined not more than one hundred | 13546 |
dollars if the offender, prior to sentencing, proves either of the | 13547 |
following to the satisfaction of the court: | 13548 |
(i) At the time of the violation of division (F)(1)(a) of | 13549 |
this section, the offender or the person for whose transport the | 13550 |
motor vehicle was being operated had been issued a removable | 13551 |
windshield placard that then was valid or special license plates | 13552 |
that then were valid but the offender or the person neglected to | 13553 |
display the placard or license plates as described in division | 13554 |
(F)(1)(a) of this section. | 13555 |
(ii) At the time of the violation of division (F)(1)(b) of | 13556 |
this section, the offender or the person for whose transport the | 13557 |
motor vehicle was being operated had been issued a parking card | 13558 |
that then was valid or special handicapped license plates that | 13559 |
then were valid but the offender or the person neglected to | 13560 |
display the card or license plates as described in division | 13561 |
(F)(1)(b) of this section. | 13562 |
(b) In no case shall an offender who violates division | 13563 |
(F)(1)(a) or (b) of this section be sentenced to any term of | 13564 |
imprisonment. | 13565 |
An arrest or conviction for a violation of division (F)(1)(a) | 13566 |
or (b) of this section does not constitute a criminal record and | 13567 |
need not be reported by the person so arrested or convicted in | 13568 |
response to any inquiries contained in any application for | 13569 |
employment, license, or other right or privilege, or made in | 13570 |
connection with the person's appearance as a witness. | 13571 |
The clerk of the court shall pay every fine collected under | 13572 |
division (J)(2) of this section to the political subdivision in | 13573 |
which the violation occurred. Except as provided in division | 13574 |
(J)(2) of this section, the political subdivision shall use the | 13575 |
fine moneys it receives under division (J)(2) of this section to | 13576 |
pay the expenses it incurs in complying with the signage and | 13577 |
notice requirements contained in division (E) of this section. The | 13578 |
political subdivision may use up to fifty per cent of each fine it | 13579 |
receives under division (J)(2) of this section to pay the costs of | 13580 |
educational, advocacy, support, and assistive technology programs | 13581 |
for persons with disabilities, and for public improvements within | 13582 |
the political subdivision that benefit or assist persons with | 13583 |
disabilities, if governmental agencies or nonprofit organizations | 13584 |
offer the programs. | 13585 |
(3) Whoever violates division (H) of this section shall be | 13586 |
punished as follows: | 13587 |
(a) Except as otherwise provided in division (J)(3) of this | 13588 |
section, the offender shall be issued a warning. | 13589 |
(b) If the offender previously has been convicted of or | 13590 |
pleaded guilty to a violation of division (H) of this section or | 13591 |
of a municipal ordinance that is substantially similar to that | 13592 |
division, the offender shall not be issued a warning but shall be | 13593 |
fined not more than twenty-five dollars for each parking location | 13594 |
that is not properly marked or whose markings are not properly | 13595 |
maintained. | 13596 |
(K) As used in this section: | 13597 |
(1) "Handicapped person" means any person who has lost the | 13598 |
use of one or both legs or one or both arms, who is blind, deaf, | 13599 |
or so severely handicapped as to be unable to move without the aid | 13600 |
of crutches or a wheelchair, or whose mobility is restricted by a | 13601 |
permanent cardiovascular, pulmonary, or other handicapping | 13602 |
condition. | 13603 |
(2) "Person with a disability that limits or impairs the | 13604 |
ability to walk" has the same meaning as in section 4503.44 of the | 13605 |
Revised Code. | 13606 |
(3) "Special license plates" and "removable windshield | 13607 |
placard" mean any license plates or removable windshield placard | 13608 |
or temporary removable windshield placard issued under section | 13609 |
4503.41 or 4503.44 of the Revised Code, and also mean any | 13610 |
substantially similar license plates or removable windshield | 13611 |
placard or temporary removable windshield placard issued by a | 13612 |
state, district, country, or sovereignty. | 13613 |
Sec. 4511.99. Whoever violates any provision of sections | 13614 |
4511.01 to 4511.76 of the Revised Code for which no penalty | 13615 |
otherwise is provided in the section violated is guilty of one of | 13616 |
the following: | 13617 |
(A) Except as otherwise provided in division (B) or (C) of | 13618 |
this section, a minor misdemeanor; | 13619 |
(B) If, within one year of the offense, the offender | 13620 |
previously has been convicted of or pleaded guilty to one | 13621 |
predicate motor vehicle or traffic offense, a misdemeanor of the | 13622 |
fourth degree; | 13623 |
(C) If, within one year of the offense, the offender | 13624 |
previously has been convicted of or pleaded guilty to two or more | 13625 |
predicate motor vehicle or traffic offenses, a misdemeanor of the | 13626 |
third degree. | 13627 |
| 13628 |
13629 | |
13630 |
| 13631 |
| 13632 |
13633 | |
13634 | |
13635 | |
13636 | |
13637 |
| 13638 |
13639 | |
13640 | |
13641 | |
13642 | |
13643 | |
13644 | |
13645 | |
13646 |
| 13647 |
13648 | |
13649 | |
13650 | |
13651 | |
13652 | |
13653 |
| 13654 |
13655 |
Sec. 4717.05. (A) Any person who desires to be licensed as | 13656 |
an embalmer shall apply to the board of embalmers and funeral | 13657 |
directors on a form provided by the board. The applicant shall | 13658 |
include with the application an initial license fee as set forth | 13659 |
in section 4717.07 of the Revised Code and evidence, verified by | 13660 |
oath and satisfactory to the board, that the applicant meets all | 13661 |
of the following requirements: | 13662 |
(1) The applicant is at least eighteen years of age and of | 13663 |
good moral character. | 13664 |
(2) If the applicant has pleaded guilty to, has been found | 13665 |
by a judge or jury to be guilty of, or has had a judicial finding | 13666 |
of eligibility for treatment in lieu of conviction entered against | 13667 |
the applicant in this state for aggravated murder, murder, | 13668 |
voluntary manslaughter, felonious assault, kidnapping, rape, | 13669 |
sexual battery, gross sexual imposition, aggravated arson, | 13670 |
aggravated robbery, or aggravated burglary, or has pleaded guilty | 13671 |
to, has been found by a judge or jury to be guilty of, or has had | 13672 |
a judicial finding of eligibility for treatment in lieu of | 13673 |
conviction entered against the applicant in another jurisdiction | 13674 |
for a substantially equivalent offense, at least five years has | 13675 |
elapsed since the applicant was released from incarceration, | 13676 |
13677 | |
sanction, parole, or treatment in connection with the offense. | 13678 |
(3) The applicant holds at least a bachelor's degree from a | 13679 |
college or university authorized to confer degrees by the Ohio | 13680 |
board of regents or the comparable legal agency of another state | 13681 |
in which the college or university is located and submits an | 13682 |
official transcript from that college or university with the | 13683 |
application. | 13684 |
(4) The applicant has satisfactorily completed at least | 13685 |
twelve months of instruction in a prescribed course in mortuary | 13686 |
science as approved by the board and has presented to the board a | 13687 |
certificate showing successful completion of the course. The | 13688 |
course of mortuary science college training may be completed | 13689 |
either before or after the completion of the educational standard | 13690 |
set forth in division (A)(3) of this section. | 13691 |
(5) The applicant has registered with the board prior to | 13692 |
beginning an embalmer apprenticeship. | 13693 |
(6) The applicant has satisfactorily completed at least one | 13694 |
year of apprenticeship under an embalmer licensed in this state | 13695 |
and has assisted that person in embalming at least twenty-five | 13696 |
dead human bodies. | 13697 |
(7) The applicant, upon meeting the educational standards | 13698 |
provided for in divisions (A)(3) and (4) of this section and | 13699 |
completing the apprenticeship required in division (A)(6) of this | 13700 |
section, has completed the examination for an embalmer's license | 13701 |
required by the board. | 13702 |
(B) Upon receiving satisfactory evidence verified by oath | 13703 |
that the applicant meets all the requirements of division (A) of | 13704 |
this section, the board shall issue the applicant an embalmer's | 13705 |
license. | 13706 |
(C) Any person who desires to be licensed as a funeral | 13707 |
director shall apply to the board on a form provided by the board. | 13708 |
The application shall include an initial license fee as set forth | 13709 |
in section 4717.07 of the Revised Code and evidence, verified by | 13710 |
oath and satisfactory to the board, that the applicant meets all | 13711 |
of the following requirements: | 13712 |
(1) Except as otherwise provided in division (D) of this | 13713 |
section, the applicant has satisfactorily met all the requirements | 13714 |
for an embalmer's license as described in divisions (A)(1) to (4) | 13715 |
of this section. | 13716 |
(2) The applicant has registered with the board prior to | 13717 |
beginning a funeral director apprenticeship. | 13718 |
(3) The applicant, following mortuary science college | 13719 |
training described in division (A)(4) of this section, has served | 13720 |
a one-year apprenticeship under a licensed funeral director in | 13721 |
this state and has assisted that person in directing at least | 13722 |
twenty-five funerals. | 13723 |
(4) The applicant has satisfactorily completed the | 13724 |
examination for a funeral director's license as required by the | 13725 |
board. | 13726 |
(D) In lieu of mortuary science college training required | 13727 |
for a funeral director's license under division (C)(1) of this | 13728 |
section, the applicant may substitute a two-year apprenticeship | 13729 |
under a licensed funeral director in this state assisting that | 13730 |
person in directing at least fifty funerals. | 13731 |
(E) Upon receiving satisfactory evidence that the applicant | 13732 |
meets all the requirements of division (C) of this section, the | 13733 |
board shall issue to the applicant a funeral director's license. | 13734 |
(F) As used in this section: | 13735 |
(1) "Community control sanction" has the same meaning as in | 13736 |
section 2929.01 of the Revised Code. | 13737 |
(2) "Post-release control sanction" has the same meaning as | 13738 |
in section 2967.01 of the Revised Code. | 13739 |
Sec. 4734.35. (A) As used in this section, "prosecutor" has | 13740 |
the same meaning as in section 2935.01 of the Revised Code. | 13741 |
(B) The prosecutor in any case against any chiropractor | 13742 |
holding a valid license issued under this chapter shall promptly | 13743 |
notify the state chiropractic board of any of the following: | 13744 |
(1) A plea of guilty to, or a finding of guilt by a jury or | 13745 |
court of, a felony, or a case in which the trial court issues an | 13746 |
order of dismissal upon technical or procedural grounds of a | 13747 |
felony charge; | 13748 |
(2) A plea of guilty to, or a finding of guilt by a jury or | 13749 |
court of, a misdemeanor committed in the course of practice, or a | 13750 |
case in which the trial court issues an order of dismissal upon | 13751 |
technical or procedural grounds of a charge of a misdemeanor, if | 13752 |
the alleged act was committed in the course of practice; | 13753 |
(3) A plea of guilty to, or a finding of guilt by a jury or | 13754 |
court of, a misdemeanor involving moral turpitude, or a case in | 13755 |
which the trial court issues an order of dismissal upon technical | 13756 |
or procedural grounds of a charge of a misdemeanor involving moral | 13757 |
turpitude. | 13758 |
(C) The report shall include the name and address of the | 13759 |
chiropractor, the nature of the offense for which the action was | 13760 |
taken, and the certified court documents recording the action. The | 13761 |
board may prescribe and provide forms for prosecutors to make | 13762 |
reports under this section. The form may be the same as the form | 13763 |
required to
be provided under section
| 13764 |
Revised Code. | 13765 |
Sec. 4761.13. (A) As used in this section, "prosecutor" has | 13766 |
the same meaning as in section 2935.01 of the Revised Code. | 13767 |
(B) The prosecutor in any case against any respiratory care | 13768 |
professional or an individual holding a limited permit issued | 13769 |
under this chapter shall promptly notify the Ohio respiratory care | 13770 |
board of any of the following: | 13771 |
(1) A plea of guilty to, or a finding of guilt by a jury or | 13772 |
court of, a felony, or a case in which the trial court issues an | 13773 |
order of dismissal upon technical or procedural grounds of a | 13774 |
felony charge; | 13775 |
(2) A plea of guilty to, or a finding of guilt by a jury or | 13776 |
court of, a misdemeanor committed in the course of practice, or a | 13777 |
case in which the trial court issues an order of dismissal upon | 13778 |
technical or procedural grounds of a charge of a misdemeanor, if | 13779 |
the alleged act was committed in the course of practice; | 13780 |
(3) A plea of guilty to, or a finding of guilt by a jury or | 13781 |
court of, a misdemeanor involving moral turpitude, or a case in | 13782 |
which the trial court issues an order of dismissal upon technical | 13783 |
or procedural grounds of a charge of a misdemeanor involving moral | 13784 |
turpitude. | 13785 |
(C) The report shall include the name and address of the | 13786 |
respiratory care professional or person holding a limited permit, | 13787 |
the nature of the offense for which the action was taken, and the | 13788 |
certified court documents recording the action. The board may | 13789 |
prescribe and provide forms for prosecutors to make reports under | 13790 |
this section. The form may be the same as the form required to be | 13791 |
provided under section
| 13792 |
Sec. 4973.171. (A) As used in this section, "felony" has | 13793 |
the same meaning as in section 109.511 of the Revised Code. | 13794 |
(B)(1) The governor shall not appoint or commission a person | 13795 |
as a police officer for a railroad company under division (B) of | 13796 |
section 4973.17 of the Revised Code and shall not appoint or | 13797 |
commission a person as a police officer for a hospital under | 13798 |
division (D) of section 4973.17 of the Revised Code on a permanent | 13799 |
basis, on a temporary basis, for a probationary term, or on other | 13800 |
than a permanent basis if the person previously has been convicted | 13801 |
of or has pleaded guilty to a felony. | 13802 |
(2)(a) The governor shall revoke the appointment or | 13803 |
commission of a person appointed or commissioned as a police | 13804 |
officer for a railroad company or as a police officer for a | 13805 |
hospital under division (B) or (D) of section 4973.17 of the | 13806 |
Revised Code if that person does either of the following: | 13807 |
(i) Pleads guilty to a felony; | 13808 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 13809 |
plea agreement as provided in division (D) of
section
| 13810 |
2929.43 of the Revised Code in which the person agrees to | 13811 |
surrender the certificate awarded to that person under section | 13812 |
109.77 of the Revised Code. | 13813 |
(b) The governor shall suspend the appointment or commission | 13814 |
of a person appointed or commissioned as a police officer for a | 13815 |
railroad company or as a police officer for a hospital under | 13816 |
division (B) or (D) of section 4973.17 of the Revised Code if that | 13817 |
person is convicted, after trial, of a felony. If the person | 13818 |
files an appeal from that conviction and the conviction is upheld | 13819 |
by the highest court to which the appeal is taken or if the person | 13820 |
does not file a timely appeal, the governor shall revoke the | 13821 |
appointment or commission of that person as a police officer for a | 13822 |
railroad company or as a police officer for a hospital. If the | 13823 |
person files an appeal that results in that person's acquittal of | 13824 |
the felony or conviction of a misdemeanor, or in the dismissal of | 13825 |
the felony charge against that person, the governor shall | 13826 |
reinstate the appointment or commission of that person as a police | 13827 |
officer for a railroad company or as a police officer for a | 13828 |
hospital. A person whose appointment or commission is reinstated | 13829 |
under division (B)(2)(b) of this section shall not receive any | 13830 |
back pay unless that person's conviction of the felony was | 13831 |
reversed on appeal, or the felony charge was dismissed, because | 13832 |
the court found insufficient evidence to convict the person of the | 13833 |
felony. | 13834 |
(3) Division (B) of this section does not apply regarding an | 13835 |
offense that was committed prior to January 1, 1997. | 13836 |
(4) The suspension or revocation of the appointment or | 13837 |
commission of a person as a police officer for a railroad company | 13838 |
or as a police officer for a hospital under division (B)(2) of | 13839 |
this section shall be in accordance with Chapter 119. of the | 13840 |
Revised Code. | 13841 |
Sec. 5101.28. (A) The department of job and family services | 13842 |
shall enter into written agreements with law enforcement agencies | 13843 |
to exchange, obtain, or share information regarding public | 13844 |
assistance recipients to enable the department, county agencies, | 13845 |
and law enforcement agencies to determine whether a recipient or a | 13846 |
member of a recipient's assistance group is either of the | 13847 |
following: | 13848 |
(1) A fugitive felon; | 13849 |
(2) Violating a condition of probation, a community control | 13850 |
sanction, parole, or a post-release control sanction imposed under | 13851 |
state or federal law. | 13852 |
(B) The department and county agencies shall provide | 13853 |
information regarding recipients of public assistance under a | 13854 |
program administered by the state department or a county agency | 13855 |
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to | 13856 |
law enforcement agencies on request for the purposes of | 13857 |
investigations, prosecutions, and criminal and civil proceedings | 13858 |
that are within the scope of the law enforcement agencies' | 13859 |
official duties. | 13860 |
(C) Information about a recipient shall be exchanged, | 13861 |
obtained, or shared only if the department, county agency, or law | 13862 |
enforcement agency requesting the information gives sufficient | 13863 |
information to specifically identify the recipient. In addition | 13864 |
to the recipient's name, identifying information may include the | 13865 |
recipient's current or last known address, social security number, | 13866 |
other identifying number, age, gender, physical characteristics, | 13867 |
any information specified in an agreement entered into under | 13868 |
division (A) of this section, or any information considered | 13869 |
appropriate by the department or agency. | 13870 |
(D)(1) The department and its officers and employees are not | 13871 |
liable in damages in a civil action for any injury, death, or loss | 13872 |
to person or property that allegedly arises from the release of | 13873 |
information in accordance with divisions (A), (B), and (C) of this | 13874 |
section. This section does not affect any immunity or defense | 13875 |
that the department and its officers and employees may be entitled | 13876 |
to under another section of the Revised Code or the common law of | 13877 |
this state, including section 9.86 of the Revised Code. | 13878 |
(2) The county agencies and their employees are not liable | 13879 |
in damages in a civil action for any injury, death, or loss to | 13880 |
person or property that allegedly arises from the release of | 13881 |
information in accordance with divisions (A), (B), and (C) of this | 13882 |
section. "Employee" has the same meaning as in division (B) of | 13883 |
section 2744.01 of the Revised Code. This section does not affect | 13884 |
any immunity or defense that the county agencies and their | 13885 |
employees may be entitled to under another section of the Revised | 13886 |
Code or the common law of this state, including section 2744.02 | 13887 |
and division (A)(6) of section 2744.03 of the Revised Code. | 13888 |
(E) To the extent permitted by federal law, the department | 13889 |
and county agencies shall provide access to information to the | 13890 |
auditor of state acting pursuant to Chapter 117. or sections | 13891 |
5101.181 and 5101.182 of the Revised Code and to any other | 13892 |
government entity authorized by or federal law to conduct an audit | 13893 |
of or similar activity involving a public assistance program. | 13894 |
(F) The auditor of state shall prepare an annual report on | 13895 |
the outcome of the agreements required under division (A) of this | 13896 |
section. The report shall include the number of fugitive felons | 13897 |
13898 | |
control sanctions and post-release control sanctions apprehended | 13899 |
during the immediately preceding year as a result of the exchange | 13900 |
of information pursuant to that division. The auditor of state | 13901 |
shall file the report with the governor, the president and | 13902 |
minority leader of the senate, and the speaker and minority leader | 13903 |
of the house of representatives. The state department, county | 13904 |
agencies, and law enforcement agencies shall cooperate with the | 13905 |
auditor of state's office in gathering the information required | 13906 |
under this division. | 13907 |
(G) To the extent permitted by federal law, the department | 13908 |
of job and family services, county departments of job and family | 13909 |
services, and employees of the departments may report to a public | 13910 |
children services agency or other appropriate agency information | 13911 |
on known or suspected physical or mental injury, sexual abuse or | 13912 |
exploitation, or negligent treatment or maltreatment, of a child | 13913 |
receiving public assistance, if circumstances indicate that the | 13914 |
child's health or welfare is threatened. | 13915 |
(H) As used in this section: | 13916 |
(1) "Community control sanction" has the same meaning as in | 13917 |
section 2929.01 of the Revised Code. | 13918 |
(2) "Post-release control sanction" has the same meaning as | 13919 |
in section 2967.01 of the Revised Code. | 13920 |
Sec. 5101.45. The necessary expenses of such officers and | 13921 |
employees of the state, county, and municipal boards, benevolent | 13922 |
and correctional institutions, officials responsible for the | 13923 |
administration of public funds used for the relief and maintenance | 13924 |
of the poor, officials authorized to
administer
| 13925 |
community control sanctions, and members of the boards of county | 13926 |
visitors as are invited by the department of job and family | 13927 |
services to the conferences provided for in section 5101.44 of the | 13928 |
Revised Code, shall be paid from any fund available for their | 13929 |
respective offices, boards, and institutions, provided they first | 13930 |
procure a certificate from the director of job and family services | 13931 |
as evidence that they were invited to and were in attendance at | 13932 |
the sessions of such conferences. | 13933 |
As used in this section, "community control sanction" has the | 13934 |
same meaning as in section 2929.01 of the Revised Code. | 13935 |
Sec. 5119.14. (A) As used in this section, "felony" has the | 13936 |
same meaning as in section 109.511 of the Revised Code. | 13937 |
(B)(1) Subject to division (C) of this section, upon the | 13938 |
recommendation of the director of mental health, the managing | 13939 |
officer of an institution under the jurisdiction of the department | 13940 |
of mental health may designate one or more employees to be special | 13941 |
police officers of the department. The special police officers | 13942 |
shall take an oath of office, wear the badge of office, and give | 13943 |
bond for the proper and faithful discharge of their duties in an | 13944 |
amount that the director requires. | 13945 |
(2) In accordance with section 109.77 of the Revised Code, | 13946 |
the special police officers shall be required to complete | 13947 |
successfully a peace officer basic training program approved by | 13948 |
the Ohio peace officer training commission and to be certified by | 13949 |
the commission. The cost of the training shall be paid by the | 13950 |
department of mental health. | 13951 |
(3) Special
| 13952 |
of institutions under the jurisdiction of the department of mental | 13953 |
health and subject to the rules of the department, shall protect | 13954 |
the property of the institutions and the persons and property of | 13955 |
patients in the institutions, suppress riots, disturbances, and | 13956 |
breaches of the peace, and enforce the laws of the state and the | 13957 |
rules of the department for the preservation of good order. They | 13958 |
may arrest any person without a warrant and detain the person | 13959 |
until a warrant can be obtained under the circumstances described | 13960 |
in division (F) of section 2935.03 of the Revised Code. | 13961 |
(C)(1) The managing officer of an institution under the | 13962 |
jurisdiction of the department of mental health shall not | 13963 |
designate an employee as a special police officer of the | 13964 |
department pursuant to division (B)(1) of this section on a | 13965 |
permanent basis, on a temporary basis, for a probationary term, or | 13966 |
on other than a permanent basis if the employee previously has | 13967 |
been convicted of or has pleaded guilty to a felony. | 13968 |
(2)(a) The managing officer of an institution under the | 13969 |
jurisdiction of the department of mental health shall terminate | 13970 |
the employment as a special police officer of the department of an | 13971 |
employee designated as a special police officer under division | 13972 |
(B)(1) of this section if that employee does either of the | 13973 |
following: | 13974 |
(i) Pleads guilty to a felony; | 13975 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 13976 |
plea agreement as provided in division (D) of
section
| 13977 |
2929.43 of the Revised Code in which the employee agrees to | 13978 |
surrender the certificate awarded to that employee under section | 13979 |
109.77 of the Revised Code. | 13980 |
(b) The managing officer shall suspend from employment as a | 13981 |
special police officer of the department an employee designated as | 13982 |
a special police officer under division (B)(1) of this section if | 13983 |
that employee is convicted, after trial, of a felony. If the | 13984 |
special police officer files an appeal from that conviction and | 13985 |
the conviction is upheld by the highest court to which the appeal | 13986 |
is taken or if the special police officer does not file a timely | 13987 |
appeal, the managing officer shall terminate the employment of | 13988 |
that special police officer. If the special police officer files | 13989 |
an appeal that results in that special police officer's acquittal | 13990 |
of the felony or conviction of a misdemeanor, or in the dismissal | 13991 |
of the felony charge against that special police officer, the | 13992 |
managing officer shall reinstate that special police officer. A | 13993 |
special police officer of the department who is reinstated under | 13994 |
division (C)(2)(b) of this section shall not receive any back pay | 13995 |
unless that special police officer's conviction of the felony was | 13996 |
reversed on appeal, or the felony charge was dismissed, because | 13997 |
the court found insufficient evidence to convict the special | 13998 |
police officer of the felony. | 13999 |
(3) Division (C) of this section does not apply regarding an | 14000 |
offense that was committed prior to January 1, 1997. | 14001 |
(4) The suspension from employment, or the termination of | 14002 |
the employment, of a special police officer under division (C)(2) | 14003 |
of this section shall be in accordance with Chapter 119. of the | 14004 |
Revised Code. | 14005 |
Sec. 5120.10. (A)(1) The director of rehabilitation and | 14006 |
correction, by rule, shall promulgate minimum standards for jails | 14007 |
in Ohio, including minimum security jails dedicated under section | 14008 |
341.34 or 753.21 of the Revised Code. Whenever the director files | 14009 |
a rule or an amendment to a rule in final form with both the | 14010 |
secretary of state and the director of the legislative service | 14011 |
commission pursuant to section 111.15 of the Revised Code, the | 14012 |
director of rehabilitation and correction promptly shall send a | 14013 |
copy of the rule or amendment, if the rule or amendment pertains | 14014 |
to minimum jail standards, by ordinary mail to the political | 14015 |
subdivisions or affiliations of political subdivisions that | 14016 |
operate jails to which the standards apply. | 14017 |
(2) The rules promulgated in accordance with division (A)(1) | 14018 |
of this section shall serve as criteria for the investigative and | 14019 |
supervisory powers and duties vested by division (D) of this | 14020 |
section in the division of parole and community services of the | 14021 |
department of rehabilitation and correction or in another division | 14022 |
of the department to which those powers and duties are assigned. | 14023 |
(B) The director may initiate an action in the court of | 14024 |
common pleas of the county in which a facility that is subject to | 14025 |
the rules promulgated under division (A)(1) of this section is | 14026 |
situated to enjoin compliance with the minimum standards for jails | 14027 |
or with the minimum standards and minimum renovation, | 14028 |
modification, and construction criteria for minimum security | 14029 |
jails. | 14030 |
(C) Upon the request of an administrator of a jail facility, | 14031 |
the chief executive of a municipal corporation, or a board of | 14032 |
county commissioners, the director of rehabilitation and | 14033 |
correction or the director's designee shall grant a variance from | 14034 |
the minimum standards for jails in Ohio for a facility that is | 14035 |
subject to one of those minimum standards when the director | 14036 |
determines that strict compliance with the minimum standards would | 14037 |
cause unusual, practical difficulties or financial hardship, that | 14038 |
existing or alternative practices meet the intent of the minimum | 14039 |
standards, and that granting a variance would not seriously affect | 14040 |
the security of the facility, the supervision of the inmates, or | 14041 |
the safe, healthful operation of the facility. If the director or | 14042 |
the director's designee denies a variance, the applicant may | 14043 |
appeal the denial pursuant to section 119.12 of the Revised Code. | 14044 |
(D) The following powers and duties shall be exercised by | 14045 |
the division of parole and community services unless assigned to | 14046 |
another division by the director: | 14047 |
(1) The investigation and supervision of county and | 14048 |
municipal jails, workhouses, minimum security jails, and other | 14049 |
correctional institutions and agencies; | 14050 |
(2) The review and approval of plans submitted to the | 14051 |
department of rehabilitation and correction pursuant to division | 14052 |
(E) of this section; | 14053 |
(3) The management and supervision of the adult parole | 14054 |
authority created by section 5149.02 of the Revised Code; | 14055 |
(4) The review and approval of proposals for community-based | 14056 |
correctional facilities and programs and district community-based | 14057 |
correctional facilities and programs that are submitted pursuant | 14058 |
to division (B) of section 2301.51 of the Revised Code; | 14059 |
(5) The distribution of funds made available to the division | 14060 |
for purposes of assisting in the renovation, maintenance, and | 14061 |
operation of community-based correctional facilities and programs | 14062 |
and district community-based correctional facilities and programs | 14063 |
in accordance with section 5120.112 of the Revised Code; | 14064 |
(6) The performance of the duty imposed upon the department | 14065 |
of rehabilitation and correction in section 5149.31 of the Revised | 14066 |
Code to establish and administer a program of subsidies to | 14067 |
eligible municipal corporations, counties, and groups of | 14068 |
contiguous counties for the development, implementation, and | 14069 |
operation of community-based corrections programs; | 14070 |
(7) Licensing halfway houses and community residential | 14071 |
centers for the care and treatment of adult offenders in | 14072 |
accordance with section 2967.14 of the Revised Code; | 14073 |
(8) Contracting with a public or private agency or a | 14074 |
department or political subdivision of the state that operates a | 14075 |
licensed halfway house or community residential center for the | 14076 |
provision of housing, supervision, and other services to parolees, | 14077 |
releasees, persons placed under a residential sanction, persons | 14078 |
under transitional control,
and
| 14079 |
offenders in accordance with section 2967.14 of the Revised Code. | 14080 |
Other powers and duties may be assigned by the director of | 14081 |
rehabilitation and correction to the division of parole and | 14082 |
community services. This section does not apply to the department | 14083 |
of youth services or its institutions or employees. | 14084 |
(E) No plan for any new jail, workhouse, or lockup, and no | 14085 |
plan for a substantial addition or alteration to an existing jail, | 14086 |
workhouse, or lockup, shall be adopted unless the officials | 14087 |
responsible for adopting the plan have submitted the plan to the | 14088 |
department of rehabilitation and correction for approval, and the | 14089 |
department has approved the plan as provided in division (D)(2) of | 14090 |
this section. | 14091 |
Sec. 5120.102. As used in sections 5120.102 to 5120.105 of | 14092 |
the Revised Code: | 14093 |
(A) "Private, nonprofit organization" means a private | 14094 |
association, organization, corporation, or other entity that is | 14095 |
exempt from federal income taxation under section 501(a) and is | 14096 |
described in section 501(c) of the "Internal Revenue Code of | 14097 |
1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended. | 14098 |
(B) "Governmental agency" means a state agency; a municipal | 14099 |
corporation, county, township, other political subdivision or | 14100 |
special district in this state established by or pursuant to law, | 14101 |
or a combination of those political subdivisions or special | 14102 |
districts; the United States or a department, division, or agency | 14103 |
of the United States; or an agency, commission, or authority | 14104 |
established pursuant to an interstate compact or agreement. | 14105 |
(C) "State agency" means the state or one of its branches, | 14106 |
offices, boards, commissions, authorities, departments, divisions, | 14107 |
or other units or agencies of the state. | 14108 |
(D) "Halfway house organization" means a private, nonprofit | 14109 |
organization or a governmental agency that provides programs or | 14110 |
activities in areas directly concerned with housing and monitoring | 14111 |
offenders who are under the community supervision of the | 14112 |
department of rehabilitation and correction or whom a court places | 14113 |
in a halfway house pursuant to section 2929.16 or2929.26 of the | 14114 |
Revised Code. | 14115 |
(E) "Halfway house facility" means a capital facility in this | 14116 |
state to which all of the following apply: | 14117 |
(1) The construction of the capital facility is authorized | 14118 |
or funded by the general assembly pursuant to division (C) of | 14119 |
section 5120.105 of the Revised Code. | 14120 |
(2) The state owns or has a sufficient real property | 14121 |
interest in the capital facility or in the site of the capital | 14122 |
facility for a period of not less than the greater of the useful | 14123 |
life of the capital facility, as determined by the director of | 14124 |
budget and management using the guidelines for maximum maturities | 14125 |
as provided under divisions (B), (C), and (E) of section 133.20 of | 14126 |
the Revised Code and certified to the department of rehabilitation | 14127 |
and correction and the Ohio building authority, or the final | 14128 |
maturity of obligations issued by the Ohio building authority to | 14129 |
finance the capital facility. | 14130 |
(3) The capital facility is managed directly by, or by | 14131 |
contract with, the department of rehabilitation and correction and | 14132 |
is used for housing offenders who are under the community | 14133 |
supervision of the department of rehabilitation and correction or | 14134 |
whom a court places in a halfway house pursuant to section 2929.16 | 14135 |
or2929.26 of the Revised Code. | 14136 |
(F) "Construction" includes acquisition, demolition, | 14137 |
reconstruction, alteration, renovation, remodeling, enlargement, | 14138 |
improvement, site improvements, and related equipping and | 14139 |
furnishing. | 14140 |
(G) "General building services" means general building | 14141 |
services for a halfway house facility that include, but are not | 14142 |
limited to, general custodial care, security, maintenance, repair, | 14143 |
painting, decoration, cleaning, utilities, fire safety, grounds | 14144 |
and site maintenance and upkeep, and plumbing. | 14145 |
(H) "Manage," "operate," or "management" means the provision | 14146 |
of, or the exercise of control over the provision of, activities | 14147 |
that relate to the housing of offenders in correctional | 14148 |
facilities, including, but not limited to, providing for release | 14149 |
services for offenders who are under the community supervision of | 14150 |
the department of rehabilitation and correction or are placed by a | 14151 |
court in a halfway house pursuant to section 2929.16 or2929.26 of | 14152 |
the Revised Code, and who reside in halfway house facilities. | 14153 |
Sec. 5120.103. (A) To the extent that funds are available, | 14154 |
the department of rehabilitation and correction, in accordance | 14155 |
with this section and sections 5120.104 and 5120.105 of the | 14156 |
Revised Code, may construct or provide for the construction of | 14157 |
halfway house facilities for offenders whom a court places in a | 14158 |
halfway house pursuant to section 2929.16 or2929.26 of the | 14159 |
Revised Code or who are eligible for community supervision by the | 14160 |
department of rehabilitation and correction. | 14161 |
(B) A halfway house organization that seeks to assist in the | 14162 |
program planning of a halfway house facility described in division | 14163 |
(A) of this section shall file an application with the director of | 14164 |
rehabilitation and correction as set forth in a request for | 14165 |
proposal. Upon the submission of an application, the division of | 14166 |
parole and community services shall review it and, if the division | 14167 |
believes it is appropriate, shall submit a recommendation for its | 14168 |
approval to the director. When the division submits a | 14169 |
recommendation for approval of an application, the director may | 14170 |
approve the application. The director shall not take action or | 14171 |
fail to take action, or permit the taking of action or the failure | 14172 |
to take action, with respect to halfway house facilities that | 14173 |
would adversely affect the exclusion of interest on public | 14174 |
obligations or on fractionalized interests in public obligations | 14175 |
from gross income for federal income tax purposes, or the | 14176 |
classification or qualification of the public obligations or the | 14177 |
interest on or fractionalized interests in public obligations for, | 14178 |
or their exemption from, other treatment under the Internal | 14179 |
Revenue Code. | 14180 |
(C) The director of rehabilitation and correction and the | 14181 |
halfway house organization may enter into an agreement | 14182 |
establishing terms for the program planning of the halfway house | 14183 |
facility. Any terms so established shall conform to the terms of | 14184 |
any covenant or agreement pertaining to an obligation from which | 14185 |
the funds used for the construction of the halfway house facility | 14186 |
are derived. | 14187 |
(D) The director of rehabilitation and correction, in | 14188 |
accordance with Chapter 119. of the Revised Code, shall adopt | 14189 |
rules that specify procedures by which a halfway house | 14190 |
organization may apply for a contract for program planning of a | 14191 |
halfway house facility constructed under this section, procedures | 14192 |
for the department to follow in considering an application, | 14193 |
criteria for granting approval of an application, and any other | 14194 |
rules that are necessary for the selection of program planners of | 14195 |
a halfway house facility. | 14196 |
Sec. 5120.56. (A) As used in sections 5120.56 to 5120.58 | 14197 |
of the Revised Code: | 14198 |
(1) "Ancillary services" means services provided to an | 14199 |
offender as necessary for the particular circumstances of the | 14200 |
offender's personal supervision, including, but not limited to, | 14201 |
specialized counseling, testing, or other services not included in | 14202 |
the calculation of residential or supervision costs. | 14203 |
(2) "Cost debt" means a cost of incarceration or supervision | 14204 |
that may be assessed against and collected from an offender as a | 14205 |
debt to the state as described in division (D) of this section. | 14206 |
(3) "Detention facility" means any place used for the | 14207 |
confinement of a person charged with or convicted of any crime. | 14208 |
(4) "Offender" means any inmate, parolee,
| 14209 |
placed under a community control sanction, releasee, or other | 14210 |
person who has been convicted of or pleaded guilty to any felony | 14211 |
or misdemeanor and is sentenced to any of the following: | 14212 |
(a) A term of imprisonment, a prison term, a jail term, or | 14213 |
another type of confinement in a detention facility; | 14214 |
(b) Participation in another correctional program in lieu of | 14215 |
incarceration. | 14216 |
(5) "Community control sanction," "prison term," and "jail | 14217 |
term" have the same meanings as in section 2929.01 of the Revised | 14218 |
Code. | 14219 |
(6) "Parolee" and "releasee" have the same meanings as in | 14220 |
section 2967.01 of the Revised Code. | 14221 |
(B) The department of rehabilitation and correction may | 14222 |
recover from an offender who is in its custody or under its | 14223 |
supervision any cost debt described in division (D) of this | 14224 |
section. To satisfy a cost debt described in that division that | 14225 |
relates to an offender, the department may apply directly assets | 14226 |
that are in the department's possession and that are being held | 14227 |
for that offender without further proceedings in aid of execution, | 14228 |
and, if assets belonging to or subject to the direction of that | 14229 |
offender are in the possession of a third party, the department | 14230 |
may request the attorney general to initiate proceedings to | 14231 |
collect the assets from the third party to satisfy the cost debt. | 14232 |
(C) Except as otherwise provided in division (E) or (G) of | 14233 |
this section, all of the following assets of an offender shall be | 14234 |
subject to attachment, collection, or application toward the cost | 14235 |
debts described in division (D) of this section that are to be | 14236 |
recovered under division (B) of this section: | 14237 |
(1) Subject to division (E) of this section, any pay the | 14238 |
offender receives from the state; | 14239 |
(2) Subject to division (E) of this section, any funds the | 14240 |
offender receives from persons on an approved visitor list; | 14241 |
(3) Any liquid assets belonging to the offender and in the | 14242 |
custody of the department; | 14243 |
(4) Any assets the offender acquires or any other income the | 14244 |
offender earns subsequent to the offender's commitment. | 14245 |
(D) Costs of incarceration or supervision that may be | 14246 |
assessed against and collected from an offender under division (B) | 14247 |
of this section as a debt to the state shall include, but are not | 14248 |
limited to, all of the following costs that accrue while the | 14249 |
offender is in the custody or under the supervision of the | 14250 |
department: | 14251 |
(1) Any user fee or copayment for services at a detention | 14252 |
facility or housing facility, including, but not limited to, a fee | 14253 |
or copayment for sick call visits; | 14254 |
(2) Assessment for damage to or destruction of property in a | 14255 |
detention facility subsequent to commitment; | 14256 |
(3) Restitution to an offender or to a staff member of a | 14257 |
state correctional institution for theft, loss, or damage to the | 14258 |
personal property of the offender or staff member; | 14259 |
(4) The cost of housing and feeding the offender in a | 14260 |
detention facility; | 14261 |
(5) The cost of supervision of the offender; | 14262 |
(6) The cost of any ancillary services provided to the | 14263 |
offender; | 14264 |
(7) The cost of any medical care provided to the offender. | 14265 |
(E) The cost of housing and feeding an offender in a state | 14266 |
correctional institution shall not be collected from a payment | 14267 |
made to the offender for performing an activity at a state job or | 14268 |
assignment that pays less than the minimum wage or from money the | 14269 |
offender receives from visitors, unless the combined assets in the | 14270 |
offender's institution personal account exceed, at any time, one | 14271 |
hundred dollars. If the combined assets in that account exceed | 14272 |
one hundred dollars, the cost of housing and feeding the offender | 14273 |
may be collected from the amount in excess of one hundred dollars. | 14274 |
(F)(1) The department shall adopt rules pursuant to section | 14275 |
111.15 of the Revised Code to implement the requirements of this | 14276 |
section. | 14277 |
(2) The rules adopted under division (F)(1) of this section | 14278 |
shall include, but are not limited to, rules that establish or | 14279 |
contain all of the following: | 14280 |
(a) A process for ascertaining the items of cost to be | 14281 |
assessed against an offender; | 14282 |
(b) Subject to division (F)(3) of this section, a process by | 14283 |
which the offender shall have the opportunity to respond to the | 14284 |
assessment of costs under division (B) of this section and to | 14285 |
contest any item of cost in the department's calculation or as it | 14286 |
applies to the offender; | 14287 |
(c) A requirement that the offender be notified, in writing, | 14288 |
of a final decision to collect or apply the offender's assets | 14289 |
under division (B) of this section and that the notification be | 14290 |
provided after the offender has had an opportunity to contest the | 14291 |
application or collection; | 14292 |
(d) Criteria for evaluating an offender's ongoing, permanent | 14293 |
injury and evaluating the ability of that type of offender to | 14294 |
provide for the offender after incarceration. | 14295 |
(3) The rules adopted under division (F)(1) of this section | 14296 |
may allow the collection of a cost debt as a flat fee or over time | 14297 |
in installments. If the cost debt is to be collected over time in | 14298 |
installments, the rules are not required to permit the offender an | 14299 |
opportunity to contest the assessment of each installment. The | 14300 |
rules may establish a standard fee to apply to all offenders who | 14301 |
receive a particular service. | 14302 |
(G) The department shall not collect cost debts or apply | 14303 |
offender assets toward a cost debt under division (B) of this | 14304 |
section if, due to an ongoing, permanent injury, the collection or | 14305 |
application would unjustly limit the offender's ability to provide | 14306 |
for the offender after incarceration. | 14307 |
(H) If an offender acquires assets after the offender is | 14308 |
convicted of or pleads guilty to an offense and if the transferor | 14309 |
knows of the offender's status as an offender, the transferor | 14310 |
shall notify the department in advance of the transfer. | 14311 |
(I) There is hereby created in the state treasury the | 14312 |
offender financial responsibility fund. All moneys collected by | 14313 |
or on behalf of the department under this section, and all moneys | 14314 |
currently in the department's custody that are applied to satisfy | 14315 |
an allowable cost debt under this section, shall be deposited into | 14316 |
the fund. The department may expend moneys in the fund for goods | 14317 |
and services of the same type as those for which offenders are | 14318 |
assessed pursuant to this section. | 14319 |
Sec. 5122.01. As used in this chapter and Chapter 5119. of | 14320 |
the Revised Code: | 14321 |
(A) "Mental illness" means a substantial disorder of thought, | 14322 |
mood, perception, orientation, or memory that grossly impairs | 14323 |
judgment, behavior, capacity to recognize reality, or ability to | 14324 |
meet the ordinary demands of life. | 14325 |
(B) "Mentally ill person subject to hospitalization by court | 14326 |
order" means a mentally ill person who, because of the person's | 14327 |
illness: | 14328 |
(1) Represents a substantial risk of physical harm to self | 14329 |
as manifested by evidence of threats of, or attempts at, suicide | 14330 |
or serious self-inflicted bodily harm; | 14331 |
(2) Represents a substantial risk of physical harm to others | 14332 |
as manifested by evidence of recent homicidal or other violent | 14333 |
behavior, evidence of recent threats that place another in | 14334 |
reasonable fear of violent behavior and serious physical harm, or | 14335 |
other evidence of present dangerousness; | 14336 |
(3) Represents a substantial and immediate risk of serious | 14337 |
physical impairment or injury to self as manifested by evidence | 14338 |
that the person is unable to provide for and is not providing for | 14339 |
the person's basic physical needs because of the person's mental | 14340 |
illness and that appropriate provision for those needs cannot be | 14341 |
made immediately available in the community; or | 14342 |
(4) Would benefit from treatment in a hospital for
| 14343 |
person's mental illness and is in need of such treatment as | 14344 |
manifested by evidence of behavior that creates a grave and | 14345 |
imminent risk to
substantial rights of others or
| 14346 |
person. | 14347 |
(C)(1) "Patient" means, subject to division (C)(2) of this | 14348 |
section, a person who is admitted either voluntarily or | 14349 |
involuntarily to a hospital or other place under section 2945.39, | 14350 |
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a | 14351 |
finding of not guilty by reason of insanity or incompetence to | 14352 |
stand trial or under this chapter, who is under observation or | 14353 |
receiving treatment in such place. | 14354 |
(2) "Patient" does not include a person admitted to a | 14355 |
hospital or other place under section 2945.39, 2945.40, 2945.401, | 14356 |
or 2945.402 of the Revised Code to the extent that the reference | 14357 |
in this chapter to patient, or the context in which the reference | 14358 |
occurs, is in conflict with any provision of sections 2945.37 to | 14359 |
2945.402 of the Revised Code. | 14360 |
(D) "Licensed physician" means a person licensed under the | 14361 |
laws of this state to practice medicine or a medical officer of | 14362 |
the government of the United States while in this state in the | 14363 |
performance of the person's official duties. | 14364 |
(E) "Psychiatrist" means a licensed physician who has | 14365 |
satisfactorily completed a residency training program in | 14366 |
psychiatry, as approved by the residency review committee of the | 14367 |
American medical association, the committee on post-graduate | 14368 |
education of the American osteopathic association, or the American | 14369 |
osteopathic board of neurology and psychiatry, or who on July 1, | 14370 |
1989, has been recognized as a psychiatrist by the Ohio state | 14371 |
medical association or the Ohio osteopathic association on the | 14372 |
basis of formal training and five or more years of medical | 14373 |
practice limited to psychiatry. | 14374 |
(F) "Hospital" means a hospital or inpatient unit licensed by | 14375 |
the department of mental health under section 5119.20 of the | 14376 |
Revised Code, and any institution, hospital, or other place | 14377 |
established, controlled, or supervised by the department under | 14378 |
Chapter 5119. of the Revised Code. | 14379 |
(G) "Public hospital" means a facility that is tax-supported | 14380 |
and under the jurisdiction of the department of mental health. | 14381 |
(H) "Community mental health agency" means any agency, | 14382 |
program, or facility with which a board of alcohol, drug | 14383 |
addiction, and mental health services contracts to provide the | 14384 |
mental health services listed in section 340.09 of the Revised | 14385 |
Code. | 14386 |
(I) "Licensed clinical psychologist" means a person who holds | 14387 |
a current valid psychologist license issued under section 4732.12 | 14388 |
or 4732.15 of the Revised Code, and in addition, meets either of | 14389 |
the following criteria: | 14390 |
(1) Meets the educational requirements set forth in division | 14391 |
(B) of section 4732.10 of the Revised Code and has a minimum of | 14392 |
two years' full-time professional experience, or the equivalent as | 14393 |
determined by rule of the state board of psychology, at least one | 14394 |
year of which shall be post-doctoral, in clinical psychological | 14395 |
work in a public or private hospital or clinic or in private | 14396 |
practice, diagnosing and treating problems of mental illness or | 14397 |
mental retardation under the supervision of a psychologist who is | 14398 |
licensed or who holds a diploma issued by the American board of | 14399 |
professional psychology, or whose qualifications are substantially | 14400 |
similar to those required for licensure by the state board of | 14401 |
psychology when the supervision has occurred prior to enactment of | 14402 |
laws governing the practice of psychology; | 14403 |
(2) Meets the educational requirements set forth in division | 14404 |
(B) of section 4732.15 of the Revised Code and has a minimum of | 14405 |
four years' full-time professional experience, or the equivalent | 14406 |
as determined by rule of the state board of psychology, in | 14407 |
clinical psychological work in a public or private hospital or | 14408 |
clinic or in private practice, diagnosing and treating problems of | 14409 |
mental illness or mental retardation under supervision, as set | 14410 |
forth in division (I)(1) of this section. | 14411 |
(J) "Health officer" means any public health physician; | 14412 |
public health nurse; or other person authorized by or designated | 14413 |
by a city health district; a general health district; or a board | 14414 |
of alcohol, drug addiction, and mental health services to perform | 14415 |
the duties of a health officer under this chapter. | 14416 |
(K) "Chief clinical officer" means the medical director of a | 14417 |
hospital, or a community mental health agency, or a board of | 14418 |
alcohol, drug addiction, and mental health services, or, if there | 14419 |
is no medical director, the licensed physician responsible for the | 14420 |
treatment a hospital or community mental health agency provides. | 14421 |
The chief clinical officer may delegate to the attending physician | 14422 |
responsible for a patient's care the duties imposed on the chief | 14423 |
clinical officer by this chapter. Within a community mental | 14424 |
health agency, the chief clinical officer shall be designated by | 14425 |
the governing body of the agency and shall be a licensed physician | 14426 |
or licensed clinical psychologist who supervises diagnostic and | 14427 |
treatment services. A licensed physician or licensed clinical | 14428 |
psychologist designated by the chief clinical officer may perform | 14429 |
the duties and accept the responsibilities of the chief clinical | 14430 |
officer in
| 14431 |
(L) "Working day" or "court day" means Monday, Tuesday, | 14432 |
Wednesday, Thursday, and Friday, except when such day is a | 14433 |
holiday. | 14434 |
(M) "Indigent" means unable without deprivation of | 14435 |
satisfaction of basic needs to provide for the payment of an | 14436 |
attorney and other necessary expenses of legal representation, | 14437 |
including expert testimony. | 14438 |
(N) "Respondent" means the person whose detention, | 14439 |
commitment, hospitalization, continued hospitalization or | 14440 |
commitment, or discharge is being sought in any proceeding under | 14441 |
this chapter. | 14442 |
(O) "Legal rights service" means the service established | 14443 |
under section 5123.60 of the Revised Code. | 14444 |
(P) "Independent expert evaluation" means an evaluation | 14445 |
conducted by a licensed clinical psychologist, psychiatrist, or | 14446 |
licensed physician who has been selected by the respondent or
| 14447 |
the respondent's counsel and who consents to conducting the | 14448 |
evaluation. | 14449 |
(Q) "Court" means the probate division of the court of common | 14450 |
pleas. | 14451 |
(R) "Expunge" means: | 14452 |
(1) The removal and destruction of court files and records, | 14453 |
originals and copies, and the deletion of all index references; | 14454 |
(2) The reporting to the person of the nature and extent of | 14455 |
any information about
| 14456 |
person by the court; | 14457 |
(3) Otherwise insuring that any examination of court files | 14458 |
and records in question shall show no record whatever with respect | 14459 |
to the person; | 14460 |
(4) That all rights and privileges are restored, and that | 14461 |
the person, the court, and any other person may properly reply | 14462 |
that no such record exists, as to any matter expunged. | 14463 |
(S) "Residence" means a person's physical presence in a | 14464 |
county with intent to remain there, except that: | 14465 |
(1) If a person is receiving a mental health service at a | 14466 |
facility that includes nighttime sleeping accommodations, | 14467 |
residence means that county in
which the person maintained
| 14468 |
person's primary place of
residence at the
time
| 14469 |
entered the facility; | 14470 |
(2) If a person is committed pursuant to section 2945.38, | 14471 |
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code, | 14472 |
residence means the county where the criminal charges were filed. | 14473 |
When the residence of a person is disputed, the matter of | 14474 |
residence shall be referred to the department of mental health for | 14475 |
investigation and determination. Residence shall not be a basis | 14476 |
for a board's denying services to any person present in the | 14477 |
board's service district, and the board shall provide services for | 14478 |
a person whose residence is in dispute while residence is being | 14479 |
determined and for a person in an emergency situation. | 14480 |
(T) "Admission" to a hospital or other place means that a | 14481 |
patient is accepted for and stays at least one night at the | 14482 |
hospital or other place. | 14483 |
(U) "Prosecutor" means the prosecuting attorney, village | 14484 |
solicitor, city director of law, or similar chief legal officer | 14485 |
who prosecuted a criminal case in which a person was found not | 14486 |
guilty by reason of insanity, who would have had the authority to | 14487 |
prosecute a criminal case against a person if the person had not | 14488 |
been found incompetent to stand trial, or who prosecuted a case in | 14489 |
which a person was found guilty. | 14490 |
(V) "Treatment plan" means a written statement of reasonable | 14491 |
objectives and goals for an individual established by the | 14492 |
treatment team, with specific criteria to evaluate progress | 14493 |
towards achieving those objectives. The active participation of | 14494 |
the patient in establishing the objectives and goals shall be | 14495 |
documented. The treatment plan shall be based on patient needs | 14496 |
and include services to be provided to the patient while
| 14497 |
patient is
hospitalized and after
| 14498 |
The treatment plan shall address services to be provided upon | 14499 |
discharge, including but not limited to housing, financial, and | 14500 |
vocational services. | 14501 |
(W)"Community control sanction" has the same meaning as in | 14502 |
section 2929.01 of the Revised Code. | 14503 |
(X) "Post-release control sanction" has the same meaning as | 14504 |
in section 2967.01 of the Revised Code. | 14505 |
Sec. 5122.10. Any psychiatrist, licensed clinical | 14506 |
psychologist, licensed physician, health officer, parole officer, | 14507 |
police officer, or sheriff may take a person into custody, or the | 14508 |
chief of the adult parole authority or a parole or probation | 14509 |
officer with the approval of the chief of the authority may take a | 14510 |
parolee,
| 14511 |
sanction or a post-release control sanction, or an offender under | 14512 |
transitional control into custody and may immediately transport | 14513 |
the parolee,
| 14514 |
post-release control, or offender under transitional control to a | 14515 |
hospital or, notwithstanding section 5119.20 of the Revised Code, | 14516 |
to a general hospital not licensed by the department of mental | 14517 |
health where the parolee,
| 14518 |
control or post-release control, or offender under transitional | 14519 |
control may be held for the period prescribed in this section, if | 14520 |
the psychiatrist, licensed clinical psychologist, licensed | 14521 |
physician, health officer, parole officer, police officer, or | 14522 |
sheriff has reason to believe that the person is a mentally ill | 14523 |
person subject to hospitalization by court order under division | 14524 |
(B) of section 5122.01 of the Revised Code, and represents a | 14525 |
substantial risk of physical harm to self or others if allowed to | 14526 |
remain at liberty pending examination. | 14527 |
A written statement shall be given to such hospital by the | 14528 |
transporting psychiatrist, licensed clinical psychologist, | 14529 |
licensed physician, health officer, parole officer, police | 14530 |
officer, chief of the adult parole authority, parole or probation | 14531 |
officer, or sheriff stating the circumstances under which such | 14532 |
person was taken into custody and the reasons for the | 14533 |
psychiatrist's, licensed clinical psychologist's, licensed | 14534 |
physician's, health officer's, parole officer's, police officer's, | 14535 |
chief of the adult parole authority's, parole or probation | 14536 |
officer's, or sheriff's belief. This statement shall be made | 14537 |
available to the respondent or the respondent's attorney upon | 14538 |
request of either. | 14539 |
Every reasonable and appropriate effort shall be made to take | 14540 |
persons into custody in the least conspicuous manner possible. A | 14541 |
person taking the respondent into custody pursuant to this section | 14542 |
shall explain to the respondent: the name, professional | 14543 |
designation, and agency affiliation of the person taking the | 14544 |
respondent into custody; that the custody-taking is not a criminal | 14545 |
arrest; and that the person is being taken for examination by | 14546 |
mental health professionals at a specified mental health facility | 14547 |
identified by name. | 14548 |
If a person taken into custody under this section is | 14549 |
transported to a general hospital, the general hospital may admit | 14550 |
the person, or provide care and treatment for the person, or both, | 14551 |
notwithstanding section 5119.20 of the Revised Code, but by the | 14552 |
end of twenty-four hours after arrival at the general hospital, | 14553 |
the person shall be transferred to a hospital as defined in | 14554 |
section 5122.01 of the Revised Code. | 14555 |
A person transported or transferred to a hospital or | 14556 |
community mental health agency under this section shall be | 14557 |
examined by the staff of the hospital or agency within twenty-four | 14558 |
hours after arrival at the hospital or agency. If to conduct the | 14559 |
examination requires that the person remain overnight, the | 14560 |
hospital or agency shall admit the person in an unclassified | 14561 |
status until making a disposition under this section. After the | 14562 |
examination, if the chief clinical officer of the hospital or | 14563 |
agency believes that the person is not a mentally ill person | 14564 |
subject to hospitalization by court order, the chief clinical | 14565 |
officer shall release or discharge the person immediately unless a | 14566 |
court has issued a temporary order of detention applicable to the | 14567 |
person under section 5122.11 of the Revised Code. After the | 14568 |
examination, if the chief clinical officer believes that the | 14569 |
person is a mentally ill person subject to hospitalization by | 14570 |
court order, the chief clinical officer may detain the person for | 14571 |
not more than three court days following the day of the | 14572 |
examination and during such period admit the person as a voluntary | 14573 |
patient under section 5122.02 of the Revised Code or file an | 14574 |
affidavit under section 5122.11 of the Revised Code. If neither | 14575 |
action is taken and a court has not otherwise issued a temporary | 14576 |
order of detention applicable to the person under section 5122.11 | 14577 |
of the Revised Code, the chief clinical officer shall discharge | 14578 |
the person at the end of the three-day period unless the person | 14579 |
has been sentenced to the department of rehabilitation and | 14580 |
correction and has not been released from the person's sentence, | 14581 |
in which case the person shall be returned to that department. | 14582 |
Sec. 5122.21. (A) The chief clinical officer shall as | 14583 |
frequently as practicable, and at least once every thirty days, | 14584 |
examine or cause to be examined every patient, and, whenever the | 14585 |
chief clinical officer determines that the conditions justifying | 14586 |
involuntary hospitalization or commitment no longer obtain, shall, | 14587 |
except as provided in division (C) of this section, discharge the | 14588 |
patient not under indictment or conviction for crime and | 14589 |
immediately make a report of the discharge to the department of | 14590 |
mental health. The chief clinical officer may discharge a patient | 14591 |
who is under an indictment, a sentence of imprisonment, a | 14592 |
community control sanction, or a post-release control sanction or | 14593 |
on
| 14594 |
discharge the patient has been given by personal service or | 14595 |
certified mail, return receipt requested, to the court having | 14596 |
criminal jurisdiction over the patient. Except when the patient | 14597 |
was found not guilty by
reason of insanity and
| 14598 |
commitment is pursuant to section 2945.40 of the Revised Code, the | 14599 |
chief clinical officer has final authority to discharge a patient | 14600 |
who is under an indictment, a sentence of imprisonment, a | 14601 |
community control sanction, or a post-release control sanction or | 14602 |
on
| 14603 |
(B) After a finding pursuant to section 5122.15 of the | 14604 |
Revised Code that a person is a mentally ill person subject to | 14605 |
hospitalization by court order, the chief clinical officer of the | 14606 |
hospital or agency to which the person is ordered or to which the | 14607 |
person is transferred under section 5122.20 of the Revised Code, | 14608 |
may, except as provided in division (C) of this section, grant a | 14609 |
discharge without the consent or authorization of any court. | 14610 |
Upon discharge, the chief clinical officer shall notify the | 14611 |
court that caused the judicial hospitalization of the discharge | 14612 |
from the hospital. | 14613 |
Sec. 5122.26. (A) If a patient is absent without leave, on | 14614 |
a verbal or written order issued within five days of the time of | 14615 |
the unauthorized absence by the department of mental health, the | 14616 |
chief clinical officer of the hospital from which the patient is | 14617 |
absent without leave, or the court of either the county from which | 14618 |
the patient was committed or in which the patient is found, any | 14619 |
health or police officer or sheriff may take the patient into | 14620 |
custody and transport the patient to the hospital in which the | 14621 |
patient was hospitalized or to a place that is designated in the | 14622 |
order. The officer immediately shall report such fact to the | 14623 |
agency that issued the order. | 14624 |
The chief clinical officer of a hospital may discharge a | 14625 |
patient who is under an indictment, a sentence of imprisonment, a | 14626 |
community control sanction, or a post-release control sanction or | 14627 |
on
| 14628 |
more than thirty days | 14629 |
discharge to the court with criminal jurisdiction over the | 14630 |
patient. The chief clinical officer of a hospital may discharge | 14631 |
any other patient who has been absent without leave for more than | 14632 |
fourteen days. | 14633 |
The chief clinical officer shall take all proper measures for | 14634 |
the apprehension of an escaped patient. The expense of the return | 14635 |
of an escaped patient shall be borne by the hospital where the | 14636 |
patient is hospitalized. | 14637 |
(B)(1) Subject to division (B)(2) of this section, no | 14638 |
patient hospitalized under Chapter 5122. of the Revised Code whose | 14639 |
absence without leave was caused or contributed to by
| 14640 |
patient's mental illness shall be subject to a charge of escape. | 14641 |
(2) Division (B)(1) of this section does not apply to any | 14642 |
person who was hospitalized, institutionalized, or confined in a | 14643 |
facility under an order made pursuant to or under authority of | 14644 |
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or | 14645 |
2945.402 of the Revised Code and who escapes from the facility, | 14646 |
from confinement in a vehicle for transportation to or from the | 14647 |
facility, or from supervision by an employee of the facility that | 14648 |
is incidental to hospitalization, institutionalization, or | 14649 |
confinement in the facility and that occurs outside the facility, | 14650 |
in violation of section 2921.34 of the Revised Code. | 14651 |
Sec. 5123.13. (A) As used in this section, "felony" has the | 14652 |
same meaning as in section 109.511 of the Revised Code. | 14653 |
(B)(1) Subject to division (C) of this section, upon the | 14654 |
recommendation of the director of mental retardation and | 14655 |
developmental disabilities, the managing officer of an institution | 14656 |
under the jurisdiction of the department of mental retardation and | 14657 |
developmental disabilities may designate one or more employees to | 14658 |
be special police officers of the department. The special police | 14659 |
officers shall take an oath of office, wear the badge of office, | 14660 |
and give bond for the proper and faithful discharge of their | 14661 |
duties in an amount that the director requires. | 14662 |
(2) In accordance with section 109.77 of the Revised Code, | 14663 |
the special police officers shall be required to complete | 14664 |
successfully a peace officer basic training program approved by | 14665 |
the Ohio peace officer training commission and to be certified by | 14666 |
the commission. The cost of the training shall be paid by the | 14667 |
department of mental retardation and developmental disabilities. | 14668 |
(3) Special police officers, on the premises of institutions | 14669 |
under the jurisdiction of the department of mental retardation and | 14670 |
developmental disabilities and subject to the rules of the | 14671 |
department, shall protect the property of the institutions and the | 14672 |
persons and property of patients in the institutions, suppress | 14673 |
riots, disturbances, and breaches of the peace, and enforce the | 14674 |
laws of the state and the rules of the department for the | 14675 |
preservation of good order. They may arrest any person without a | 14676 |
warrant and detain the person until a warrant can be obtained | 14677 |
under the circumstances described in division (F) of section | 14678 |
2935.03 of the Revised Code. | 14679 |
(C)(1) The managing officer of an institution under the | 14680 |
jurisdiction of the department of mental retardation and | 14681 |
developmental disabilities shall not designate an employee as a | 14682 |
special police officer of the department pursuant to division | 14683 |
(B)(1) of this section on a permanent basis, on a temporary basis, | 14684 |
for a probationary term, or on other than a permanent basis if the | 14685 |
employee previously has been convicted of or has pleaded guilty to | 14686 |
a felony. | 14687 |
(2)(a) The managing officer of an institution under the | 14688 |
jurisdiction of the department of mental retardation and | 14689 |
developmental disabilities shall terminate the employment as a | 14690 |
special police officer of the department of an employee designated | 14691 |
as a special police officer under division (B)(1) of this section | 14692 |
if that employee does either of the following: | 14693 |
(i) Pleads guilty to a felony; | 14694 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 14695 |
plea agreement as provided in division (D) of
section
| 14696 |
2929.43 of the Revised Code in which the employee agrees to | 14697 |
surrender the certificate awarded to that employee under section | 14698 |
109.77 of the Revised Code. | 14699 |
(b) The managing officer shall suspend from employment as a | 14700 |
special police officer of the department an employee designated as | 14701 |
a special police officer under division (B)(1) of this section if | 14702 |
that employee is convicted, after trial, of a felony. If the | 14703 |
special police officer files an appeal from that conviction and | 14704 |
the conviction is upheld by the highest court to which the appeal | 14705 |
is taken or if the special police officer does not file a timely | 14706 |
appeal, the managing officer shall terminate the employment of | 14707 |
that special police officer. If the special police officer files | 14708 |
an appeal that results in that special police officer's acquittal | 14709 |
of the felony or conviction of a misdemeanor, or in the dismissal | 14710 |
of the felony charge against that special police officer, the | 14711 |
managing officer shall reinstate that special police officer. A | 14712 |
special police officer of the department who is reinstated under | 14713 |
division (C)(2)(b) of this section shall not receive any back pay | 14714 |
unless that special police officer's conviction of the felony was | 14715 |
reversed on appeal, or the felony charge was dismissed, because | 14716 |
the court found insufficient evidence to convict the special | 14717 |
police officer of the felony. | 14718 |
(3) Division (C) of this section does not apply regarding an | 14719 |
offense that was committed prior to January 1, 1997. | 14720 |
(4) The suspension from employment, or the termination of | 14721 |
the employment, of a special police officer under division (C)(2) | 14722 |
of this section shall be in accordance with Chapter 119. of the | 14723 |
Revised Code. | 14724 |
Sec. 5147.12. The labor or time of any person confined in | 14725 |
any workhouse or jail shall not be let, farmed out, given, sold, | 14726 |
or contracted to any person. Work performed under a work-release | 14727 |
program authorized under section 5147.28 of the Revised Code is | 14728 |
not in violation of this section. | 14729 |
This section does not apply to any person serving a periodic | 14730 |
sentence under
division
| 14731 |
the Revised Code, insofar as that person is engaged between | 14732 |
periods of confinement in the person's regular trade or occupation | 14733 |
for the support of the person or the person's family. This | 14734 |
section does not apply to prisoners participating in a county jail | 14735 |
industry program established under section 5147.30 of the Revised | 14736 |
Code. | 14737 |
Sec. 5147.30. (A) As used in this section, "prisoner" means | 14738 |
any person confined in the county jail in lieu of bail while | 14739 |
awaiting trial, any person committed to jail for nonpayment of a | 14740 |
fine, or any person sentenced by a court to the jail. | 14741 |
(B) A board of county commissioners, by resolution adopted | 14742 |
by a majority vote of its members, may approve the establishment | 14743 |
of a county jail industry program for its county in accordance | 14744 |
with this section. | 14745 |
(C) Upon the adoption by the board of the resolution | 14746 |
described in division (B) of this section, a jail industry board | 14747 |
shall be established, consisting of three voting members appointed | 14748 |
by the board of county commissioners, three voting members | 14749 |
appointed by the county sheriff, and one voting member appointed | 14750 |
jointly by the board of county commissioners and the county | 14751 |
sheriff. One of these voting members shall have knowledge of and | 14752 |
experience in the social services, one in the field of labor, one | 14753 |
in law enforcement, and one in business. The initial appointments | 14754 |
to the jail industry board shall be made on the same date. Of the | 14755 |
initial appointments, one by the board of county commissioners and | 14756 |
one by the county sheriff shall be for terms ending one year after | 14757 |
the date of appointment, two by the board of county commissioners | 14758 |
and two by the county sheriff shall be for terms ending two years | 14759 |
after that date, and the joint appointment shall be for a term | 14760 |
ending three years after that date. Thereafter, terms of office | 14761 |
for all appointed members shall be for three years, with each term | 14762 |
ending on the same day of the same month as did the term that it | 14763 |
succeeds. Any vacancy on the board shall be filled in the same | 14764 |
manner as the original appointment. Any member appointed to fill | 14765 |
a vacancy occurring prior to the expiration date of the term for | 14766 |
which the member's predecessor was appointed shall hold office as | 14767 |
a member for the remainder of that term. Any member shall | 14768 |
continue in office subsequent to the expiration date of the | 14769 |
member's term until the member's successor takes office, or until | 14770 |
a period of sixty days has elapsed, whichever occurs first. | 14771 |
The jail industry board, by majority vote, may appoint | 14772 |
additional persons to serve as nonvoting members of the board. | 14773 |
Each member of the jail industry board shall be reimbursed | 14774 |
for expenses actually and necessarily incurred in the performance | 14775 |
of the member's duties as a board member. The board of county | 14776 |
commissioners, by resolution, shall approve the expenses to be | 14777 |
reimbursed. | 14778 |
(D) A jail industry board established under division (C) of | 14779 |
this section shall establish a program for the employment of as | 14780 |
many prisoners as possible, except those unable to perform labor | 14781 |
because of illness or other health problems, security | 14782 |
requirements, routine processing, disciplinary action, or other | 14783 |
reasonable circumstances or because they are engaged in education | 14784 |
or vocational or other training. The employment may be in jail | 14785 |
manufacturing and service industries and agriculture, in private | 14786 |
industry or agriculture that is located within or outside the | 14787 |
jail, in public works, in institutional jobs necessary for the | 14788 |
proper maintenance and operation of the jail, or in any other | 14789 |
appropriate form of labor. The county shall attempt to employ, | 14790 |
provide employment for, and seek employment for as many prisoners | 14791 |
as possible through the program. The county is not required to | 14792 |
provide employment for every employable prisoner when the | 14793 |
available funds, facilities, or jobs are insufficient to provide | 14794 |
the employment; however, a county that has a county jail industry | 14795 |
program shall continuously seek sources of employment for as many | 14796 |
employable prisoners as possible. | 14797 |
(E) The jail industry program established under division (D) | 14798 |
of this section shall do all of the following: | 14799 |
(1) Establish a system for assigning prisoners to perform | 14800 |
jobs, for periodically evaluating the job performance of each | 14801 |
prisoner, and for periodically evaluating the qualifications of | 14802 |
each prisoner for other jobs; | 14803 |
(2) Attempt to provide jobs and job training for prisoners | 14804 |
that will be useful to them in obtaining employment when released, | 14805 |
except that institutional jobs at the jail need not be related to | 14806 |
any previous employment of the prisoner or relevant to any job the | 14807 |
prisoner intends to pursue after release from jail; | 14808 |
(3) Establish an accounting system to administer and | 14809 |
allocate the earnings of each prisoner. The accounting system may | 14810 |
permit earnings to be used for payment of the employee taxes and | 14811 |
workers' compensation of the prisoner, for reimbursing the county | 14812 |
for room and board and for the expense of providing employment to | 14813 |
the prisoner, for restitution to the victims of the prisoner's | 14814 |
offenses if the prisoner voluntarily requests or is under court | 14815 |
order to make restitution payments, for fines and court costs, for | 14816 |
support of the dependents of the prisoner, and for an account for | 14817 |
the prisoner. | 14818 |
(4) Require all persons who employ prisoners to meet all | 14819 |
applicable work safety standards. | 14820 |
(F) The jail industry board, with the approval of the county | 14821 |
sheriff, shall adopt rules for the establishment and | 14822 |
administration of the jail industry program. The rules shall | 14823 |
provide for all of the following: | 14824 |
(1) A procedure for seeking the employment of prisoners in | 14825 |
penal industries and agriculture, in private industry and | 14826 |
agriculture located within or outside the county jail, in public | 14827 |
works, in institutional jobs necessary for the proper maintenance | 14828 |
or operation of the county's institutions, and in other | 14829 |
appropriate forms of labor; | 14830 |
(2) A system of compensation, allowances, hours, conditions | 14831 |
of employment, and advancement for prisoners employed in any form | 14832 |
of labor; | 14833 |
(3) The regulation of the working conditions of prisoners | 14834 |
employed in any form of labor; | 14835 |
(4) An accounting system for the allocation of the earnings | 14836 |
of each prisoner; | 14837 |
(5) Any other rules on any subject that are necessary to | 14838 |
administer the program or to provide employment for as many | 14839 |
prisoners as possible. | 14840 |
(G) In establishing and administering a county jail industry | 14841 |
program, the board of county commissioners, upon the | 14842 |
recommendation of the jail industry board and the county sheriff | 14843 |
may do any of the following: | 14844 |
(1) Enter into contracts with private industry, agriculture, | 14845 |
and other organizations or persons, and receive grants to | 14846 |
establish test work programs within or outside institutions under | 14847 |
the control of the county; | 14848 |
(2) Enter into contracts with private industry for the | 14849 |
establishment of manufacturing and service industries within or | 14850 |
near institutions under the control of the county for the | 14851 |
employment of prisoners; | 14852 |
(3) Enter into contracts with private industry, agriculture, | 14853 |
and other organizations or persons to provide employment for | 14854 |
prisoners; | 14855 |
(4) Enter into any other contracts or perform any other | 14856 |
functions that are necessary for the county jail industry program. | 14857 |
(H) The jail industry program established under division (D) | 14858 |
of this section shall be administered in accordance with any rules | 14859 |
adopted by the jail industry board pursuant to division (F) of | 14860 |
this section and with the following requirements: | 14861 |
(1) The county sheriff at all times shall be responsible for | 14862 |
the security and discipline of the prisoners in the program. the | 14863 |
sheriff shall adopt a procedure for the discipline of a prisoner | 14864 |
who violates the requirements of a job in the program, and the | 14865 |
sheriff may remove a prisoner from the program if the sheriff | 14866 |
determines that considerations of security or discipline require | 14867 |
it. | 14868 |
(2) When the sentence imposed on a prisoner includes a | 14869 |
specification pursuant to division
| 14870 |
2929.24 of the Revised Code, authorizing the county sheriff to | 14871 |
consider the prisoner for participation in the county jail | 14872 |
industry program, the sheriff shall review the qualifications of | 14873 |
the prisoner and determine whether the prisoner's participation in | 14874 |
the program is appropriate. | 14875 |
(3) When making the initial job assignment for a prisoner | 14876 |
whom the county sheriff has approved for participation in the | 14877 |
program, the board shall consider the nature of the offense | 14878 |
committed by the prisoner, the availability of employment, the | 14879 |
security requirements of the prisoner, the prisoner's present | 14880 |
state of mind, the prisoner's jail record, and all other relevant | 14881 |
factors. When making the initial job assignment of a prisoner, | 14882 |
the board shall attempt to develop the work skills of the | 14883 |
prisoner, provide the prisoner rehabilitation, consider the | 14884 |
proximity of the job to the prisoner's family, and permit the | 14885 |
prisoner to provide support for the prisoner's dependents if the | 14886 |
prisoner's earnings are sufficient to make that feasible. | 14887 |
(4) Each prisoner shall be required to perform | 14888 |
satisfactorily the job to which the prisoner is assigned, be | 14889 |
permitted to be absent from that job only for legitimate reasons, | 14890 |
be required to comply with all security requirements, and be | 14891 |
required to comply with any other reasonable job performance | 14892 |
standards. | 14893 |
(5) A prisoner who violates the work requirements of any job | 14894 |
shall be disciplined pursuant to the disciplinary procedure | 14895 |
adopted by the county sheriff pursuant to division (H)(1) of this | 14896 |
section. | 14897 |
Sec. 5149.03. (A) The adult parole authority shall | 14898 |
administer Chapter 5149. and the provisions of Chapter 2967., | 14899 |
Chapter 2971., and sections 2301.27 to 2301.32, 2941.46,
| 14900 |
2951.06, and 2951.08 of the Revised Code that impose duties upon | 14901 |
the authority. | 14902 |
The authority may enter into a written agreement with a | 14903 |
person or government entity to share information, personnel, and | 14904 |
services for one or more of the following purposes: training, | 14905 |
crime interdiction, fugitive apprehension, and community | 14906 |
supervision. The agreement may permit the authority to act in | 14907 |
concert with and provide assistance to a law enforcement agency, | 14908 |
as defined in section 5101.26 of the Revised Code, in detecting, | 14909 |
tracking, apprehending, or detaining an individual subject to | 14910 |
arrest. | 14911 |
(B)(1) As used in division (B) of this section: | 14912 |
(a) "Ohio prisoner" has the same meaning as in section | 14913 |
5120.64 of the Revised Code. | 14914 |
(b) "Out-of-state prisoner" and "private contractor" have | 14915 |
the same meanings as in section 9.07 of the Revised Code. | 14916 |
(2) The adult parole authority, in order to discharge its | 14917 |
duties under Chapters 2967. and 5149. of the Revised Code, may | 14918 |
enter into a contract with a private person or entity for the | 14919 |
return of Ohio prisoners who are the responsibility of the | 14920 |
department of rehabilitation and correction from outside of this | 14921 |
state to a location in this state specified by the adult parole | 14922 |
authority. If the adult parole authority enters into a contract | 14923 |
as described in this division, subject to division (B)(3) of this | 14924 |
section, the private person or entity in accordance with the | 14925 |
contract may return Ohio prisoners from outside of this state to | 14926 |
locations in this state specified by the adult parole authority. A | 14927 |
contract entered into under this division shall include all of the | 14928 |
following: | 14929 |
(a) Specific provisions that assign the responsibility for | 14930 |
costs related to medical care of prisoners while they are being | 14931 |
returned that is not covered by insurance of the private person or | 14932 |
entity; | 14933 |
(b) Specific provisions that set forth the number of days, | 14934 |
not exceeding ten, within which the private person or entity, | 14935 |
after it receives the prisoner in the other state, must deliver | 14936 |
the prisoner to the location in this state specified by the adult | 14937 |
parole authority, subject to the exceptions adopted as described | 14938 |
in division (B)(2)(c) of this section; | 14939 |
(c) Any exceptions to the specified number of days for | 14940 |
delivery specified as described in division (B)(2)(b) of this | 14941 |
section; | 14942 |
(d) A requirement that the private person or entity | 14943 |
immediately report all escapes of prisoners who are being returned | 14944 |
to this state, and the apprehension of all prisoners who are being | 14945 |
returned and who have escaped, to the adult parole authority and | 14946 |
to the local law enforcement agency of this state or another state | 14947 |
that has jurisdiction over the place at which the escape occurs; | 14948 |
(e) A schedule of fines that the adult parole authority | 14949 |
shall impose upon the private person or entity if the private | 14950 |
person or entity fails to perform its contractual duties, and a | 14951 |
requirement that, if the private person or entity fails to perform | 14952 |
its contractual duties, the adult parole authority shall impose a | 14953 |
fine on the private person or entity from the schedule of fines | 14954 |
and, in addition, may exercise any other rights it has under the | 14955 |
contract. | 14956 |
(f) If the contract is entered into on or after the | 14957 |
effective date of the rules adopted by the department of | 14958 |
rehabilitation and correction under section 5120.64 of the Revised | 14959 |
Code, specific provisions that comport with all applicable | 14960 |
standards that are contained in those rules. | 14961 |
(3) If the private person or entity that enters into the | 14962 |
contract fails to perform its contractual duties, the adult parole | 14963 |
authority shall impose upon the private person or entity a fine | 14964 |
from the schedule, the money paid in satisfaction of the fine | 14965 |
shall be paid into the state treasury, and the adult parole | 14966 |
authority may exercise any other rights it has under the contract. | 14967 |
If a fine is imposed under this division, the adult parole | 14968 |
authority may reduce the payment owed to the private person or | 14969 |
entity pursuant to any invoice in the amount of the fine. | 14970 |
(4) Upon the effective date of the rules adopted by the | 14971 |
department of rehabilitation and correction under section 5120.64 | 14972 |
of the Revised Code, notwithstanding the existence of a contract | 14973 |
entered into under division (B)(2) of this section, in no case | 14974 |
shall the private person or entity that is a party to the contract | 14975 |
return Ohio prisoners from outside of this state into this state | 14976 |
for the adult parole authority unless the private person or entity | 14977 |
complies with all applicable standards that are contained in the | 14978 |
rules. | 14979 |
(5) Divisions (B)(1) to (4) of this section do not apply | 14980 |
regarding any out-of-state prisoner who is brought into this state | 14981 |
to be housed pursuant to section 9.07 of the Revised Code in a | 14982 |
correctional facility in this state that is managed and operated | 14983 |
by a private contractor. | 14984 |
Sec. 5149.18. For the purposes of Chapter 5149. of the | 14985 |
Revised Code, all of the following apply: | 14986 |
(A) "State, states, or States" means one or several of the | 14987 |
fifty states of the United States, Puerto Rico, the Virgin | 14988 |
Islands, and the District of Columbia. | 14989 |
(B) The term "parole" includes post-release control under | 14990 |
section 2967.28 of the Revised Code. | 14991 |
(C) The term "probation" includes non-prison sanctions | 14992 |
imposed under sections 2929.16, 2929.17, and 2929.18 of the | 14993 |
Revised Code and community control sanctions imposed under | 14994 |
sections 2929.26, 2929.27, and 2929.28 of the Revised Code. | 14995 |
Sec. 5149.31. The department of rehabilitation and | 14996 |
correction shall do all of the following: | 14997 |
(A) Establish and administer a program of subsidies for | 14998 |
eligible counties and groups of counties for felony offenders and | 14999 |
a program of subsidies for eligible municipal corporations, | 15000 |
counties, and groups of counties for misdemeanor offenders for the | 15001 |
development, implementation, and operation of community | 15002 |
corrections programs. Department expenditures for administration | 15003 |
of both programs of subsidies shall not exceed ten per cent of the | 15004 |
moneys appropriated for each of the purposes of this division. | 15005 |
(B) Adopt and promulgate rules, under Chapter 119. of the | 15006 |
Revised Code, providing standards for community corrections | 15007 |
programs. The standards shall be designed to improve the quality | 15008 |
and efficiency of the programs and to reduce the number of persons | 15009 |
committed to state correctional institutions and to county, | 15010 |
multicounty, municipal, municipal-county, or multicounty-municipal | 15011 |
jails or workhouses for offenses for which community control | 15012 |
sanctions are authorized under section 2929.13
| 15013 |
2929.25 of the Revised Code. In developing the standards, the | 15014 |
department shall consult with, and seek the advice of, local | 15015 |
corrections agencies, law enforcement agencies, and other public | 15016 |
and private agencies concerned with corrections. The department | 15017 |
shall conduct, and permit participation by local corrections | 15018 |
planning boards established under section 5149.34 of the Revised | 15019 |
Code and joint county corrections planning boards established | 15020 |
under section 5149.35 of the Revised Code in, an annual review of | 15021 |
the standards to measure their effectiveness in promoting the | 15022 |
purposes specified in this division and shall amend or rescind any | 15023 |
existing rule providing a standard or adopt and promulgate | 15024 |
additional rules providing standards, under Chapter 119. of the | 15025 |
Revised Code, if the review indicates that the standards fail to | 15026 |
promote the purposes. | 15027 |
(C) Accept and use any funds, goods, or services from the | 15028 |
federal government or any other public or private source for the | 15029 |
support of the subsidy programs established under division (A) of | 15030 |
this section. The department may comply with any conditions and | 15031 |
enter into any agreements that it considers necessary to obtain | 15032 |
these funds, goods, or services. | 15033 |
(D) Adopt rules, in accordance with Chapter 119. of the | 15034 |
Revised Code, and do all other things necessary to implement | 15035 |
sections 5149.30 to 5149.37 of the Revised Code; | 15036 |
(E) Evaluate or provide for the evaluation of community | 15037 |
corrections programs funded by the subsidy programs established | 15038 |
under division (A) of this section and establish means of | 15039 |
measuring their effectiveness; | 15040 |
(F) Prepare an annual report evaluating the subsidy programs | 15041 |
established under division (A) of this section. The report shall | 15042 |
include, but need not be limited to, analyses of the structure of | 15043 |
the programs and their administration by the department, the | 15044 |
effectiveness of the programs in the development and | 15045 |
implementation of community corrections programs, the specific | 15046 |
standards adopted and promulgated under division (B) of this | 15047 |
section and their effectiveness in promoting the purposes of the | 15048 |
programs, and the findings of the evaluations conducted under | 15049 |
division (E) of this section. The director of rehabilitation and | 15050 |
correction shall review and certify the accuracy of the report and | 15051 |
provide copies of it, upon request, to members of the general | 15052 |
assembly. | 15053 |
(G) Provide training or assistance, upon the request of a | 15054 |
local corrections planning board or a joint county corrections | 15055 |
planning board, to any local unit of government, subject to | 15056 |
available resources of the department. | 15057 |
Sec. 5321.01. As used in this chapter: | 15058 |
(A) "Tenant" means a person entitled under a rental agreement | 15059 |
to the use and occupancy of residential premises to the exclusion | 15060 |
of others. | 15061 |
(B) "Landlord" means the owner, lessor, or sublessor of | 15062 |
residential premises, the agent of the owner, lessor, or | 15063 |
sublessor, or any person authorized by the owner, lessor, or | 15064 |
sublessor to manage the premises or to receive rent from a tenant | 15065 |
under a rental agreement. | 15066 |
(C) "Residential premises" means a dwelling unit for | 15067 |
residential use and occupancy and the structure of which it is a | 15068 |
part, the facilities and appurtenances in it, and the grounds, | 15069 |
areas, and facilities for the use of tenants generally or the use | 15070 |
of which is promised the tenant. "Residential premises" includes a | 15071 |
dwelling unit that is owned or operated by a college or | 15072 |
university. "Residential premises" does not include any of the | 15073 |
following: | 15074 |
(1) Prisons, jails, workhouses, and other places of | 15075 |
incarceration or correction, including, but not limited to, | 15076 |
halfway houses or residential arrangements
| 15077 |
occupied as a requirement of
| 15078 |
sanction, a post-release control sanction, or parole; | 15079 |
(2) Hospitals and similar institutions with the primary | 15080 |
purpose of providing medical services, and homes licensed pursuant | 15081 |
to Chapter 3721. of the Revised Code; | 15082 |
(3) Tourist homes, hotels, motels, and other similar | 15083 |
facilities where circumstances indicate a transient occupancy; | 15084 |
(4) Elementary and secondary boarding schools, where the | 15085 |
cost of room and board is included as part of the cost of tuition; | 15086 |
(5) Orphanages and similar institutions; | 15087 |
(6) Farm residences furnished in connection with the rental | 15088 |
of land of a minimum of two acres for production of agricultural | 15089 |
products by one or more of the occupants; | 15090 |
(7) Dwelling units subject to sections 3733.41 to 3733.49 of | 15091 |
the Revised Code; | 15092 |
(8) Occupancy by an owner of a condominium unit; | 15093 |
(9) Occupancy in a facility licensed as an SRO facility | 15094 |
pursuant to Chapter 3731. of the Revised Code, if the facility is | 15095 |
owned or operated by an organization that is exempt from taxation | 15096 |
under section 501(c)(3) of the "Internal Revenue Code of 1986," | 15097 |
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or | 15098 |
group of entities in which such an organization has a controlling | 15099 |
interest, and if either of the following applies: | 15100 |
(a) The occupancy is for a period of less than sixty days; | 15101 |
(b) The occupancy is for participation in a program operated | 15102 |
by the facility, or by a public entity or private charitable | 15103 |
organization pursuant to a contract with the facility, to provide | 15104 |
either of the following: | 15105 |
(i) Services licensed, certified, registered, or approved by | 15106 |
a governmental agency or private accrediting organization for the | 15107 |
rehabilitation of mentally ill persons, developmentally disabled | 15108 |
persons, adults or juveniles convicted of criminal offenses, or | 15109 |
persons suffering from substance abuse; | 15110 |
(ii) Shelter for juvenile runaways, victims of domestic | 15111 |
violence, or homeless persons. | 15112 |
(10) Emergency shelters operated by organizations exempt | 15113 |
from federal income taxation under section 501(c)(3) of the | 15114 |
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501, | 15115 |
as amended, for persons whose circumstances indicate a transient | 15116 |
occupancy, including homeless people, victims of domestic | 15117 |
violence, and juvenile runaways. | 15118 |
(D) "Rental agreement" means any agreement or lease, written | 15119 |
or oral, which establishes or modifies the terms, conditions, | 15120 |
rules, or any other provisions concerning the use and occupancy of | 15121 |
residential premises by one of the parties. | 15122 |
(E) "Security deposit" means any deposit of money or property | 15123 |
to secure performance by the tenant under a rental agreement. | 15124 |
(F) "Dwelling unit" means a structure or the part of a | 15125 |
structure that is used as a home, residence, or sleeping place by | 15126 |
one person who maintains a household or by two or more persons who | 15127 |
maintain a common household. | 15128 |
(G) "Controlled substance" has the same meaning as in section | 15129 |
3719.01 of the Revised Code. | 15130 |
(H) "Student tenant" means a person who occupies a dwelling | 15131 |
unit owned or operated by the college or university at which the | 15132 |
person is a student, and who has a rental agreement that is | 15133 |
contingent upon the person's status as a student. | 15134 |
(I) "Community control sanction" has the same meaning as in | 15135 |
section 2929.01 of the Revised Code. | 15136 |
(J) "Post-release control sanction" has the same meaning as | 15137 |
in section 2967.01 of the Revised Code. | 15138 |
Sec. 5502.14. (A) As used in this section, "felony" has the | 15139 |
same meaning as in section 109.511 of the Revised Code. | 15140 |
(B)(1) Any person who is employed by the department of | 15141 |
public safety and designated by the director of public safety to | 15142 |
enforce Title XLIII of the Revised Code, the rules adopted under | 15143 |
it, and the laws and rules regulating the use of food stamps shall | 15144 |
be known as an enforcement agent. The employment by the | 15145 |
department of public safety and the designation by the director of | 15146 |
public safety of a person as an enforcement agent shall be subject | 15147 |
to division (D) of this section. An enforcement agent has the | 15148 |
authority vested in peace officers pursuant to section 2935.03 of | 15149 |
the Revised Code to keep the peace, to enforce all applicable laws | 15150 |
and rules on any retail liquor permit premises, or on any other | 15151 |
premises of public or private property, where a violation of Title | 15152 |
XLIII of the Revised Code or any rule adopted under it is | 15153 |
occurring, and to enforce all laws and rules governing the use of | 15154 |
food stamp coupons, women, infants, and children's coupons, | 15155 |
electronically transferred benefits, or any other access device | 15156 |
that is used alone or in conjunction with another access device to | 15157 |
obtain payments, allotments, benefits, money, goods, or other | 15158 |
things of value, or that can be used to initiate a transfer of | 15159 |
funds, pursuant to the food stamp program established under the | 15160 |
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as | 15161 |
amended, or any supplemental food program administered by any | 15162 |
department of this state pursuant to the "Child Nutrition Act of | 15163 |
1966," 80 Stat. 885, 42 U.S.C.A. 1786. Enforcement agents, in | 15164 |
enforcing compliance with the laws and rules described in this | 15165 |
division, may keep the peace and make arrests for violations of | 15166 |
those laws and rules. | 15167 |
(2) In addition to the authority conferred by division | 15168 |
(B)(1) of this section, an enforcement agent also may execute | 15169 |
search warrants and seize and take into custody any contraband, as | 15170 |
defined in section 2901.01 of the Revised Code, or any property | 15171 |
that is otherwise necessary for evidentiary purposes related to | 15172 |
any violations of the laws or rules described in division (B)(1) | 15173 |
of this section. An enforcement agent may enter public or private | 15174 |
premises where activity alleged to violate the laws or rules | 15175 |
described in division (B)(1) of this section is occurring. | 15176 |
(3) Enforcement agents who are on, immediately adjacent to, | 15177 |
or across from retail liquor permit premises and who are | 15178 |
performing investigative duties relating to that premises, | 15179 |
enforcement agents who are on premises that are not liquor permit | 15180 |
premises but on which a violation of Title XLIII of the Revised | 15181 |
Code or any rule adopted under it allegedly is occurring, and | 15182 |
enforcement agents who view a suspected violation of Title XLIII | 15183 |
of the Revised Code, of a rule adopted under it, or of another law | 15184 |
or rule described in division (B)(1) of this section have the | 15185 |
authority to enforce the laws and rules described in division | 15186 |
(B)(1) of this section, authority to enforce any section in Title | 15187 |
XXIX of the Revised Code or any other section of the Revised Code | 15188 |
listed in section 5502.13 of the Revised Code if they witness a | 15189 |
violation of the section under any of the circumstances described | 15190 |
in this division, and authority to make arrests for violations of | 15191 |
the laws and rules described in division (B)(1) of this section | 15192 |
and violations of any of those sections. | 15193 |
(4) The jurisdiction of an enforcement agent under division | 15194 |
(B) of this section shall be concurrent with that of the peace | 15195 |
officers of the county, township, or municipal corporation in | 15196 |
which the violation occurs. | 15197 |
(C) Enforcement agents of the department of public safety | 15198 |
who are engaged in the enforcement of the laws and rules described | 15199 |
in division (B)(1) of this section may carry concealed weapons | 15200 |
when conducting undercover investigations pursuant to their | 15201 |
authority as law enforcement officers and while acting within the | 15202 |
scope of their authority pursuant to this chapter. | 15203 |
(D)(1) The department of public safety shall not employ, and | 15204 |
the director of public safety shall not designate, a person as an | 15205 |
enforcement agent on a permanent basis, on a temporary basis, for | 15206 |
a probationary term, or on other than a permanent basis if the | 15207 |
person previously has been convicted of or has pleaded guilty to a | 15208 |
felony. | 15209 |
(2)(a) The department of public safety shall terminate the | 15210 |
employment of a person who is designated as an enforcement agent | 15211 |
and who does either of the following: | 15212 |
(i) Pleads guilty to a felony; | 15213 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 15214 |
plea agreement as provided in division (D) of
section
| 15215 |
2929.43 of the Revised Code in which the enforcement agent agrees | 15216 |
to surrender the certificate awarded to that agent under section | 15217 |
109.77 of the Revised Code. | 15218 |
(b) The department shall suspend the employment of a person | 15219 |
who is designated as an enforcement agent if the person is | 15220 |
convicted, after trial, of a felony. If the enforcement agent | 15221 |
files an appeal from that conviction and the conviction is upheld | 15222 |
by the highest court to which the appeal is taken or if no timely | 15223 |
appeal is filed, the department shall terminate the employment of | 15224 |
that agent. If the enforcement agent files an appeal that results | 15225 |
in that agent's acquittal of the felony or conviction of a | 15226 |
misdemeanor, or in the dismissal of the felony charge against the | 15227 |
agent, the department shall reinstate the agent. An enforcement | 15228 |
agent who is reinstated under division (D)(2)(b) of this section | 15229 |
shall not receive any back pay unless the conviction of that agent | 15230 |
of the felony was reversed on appeal, or the felony charge was | 15231 |
dismissed, because the court found insufficient evidence to | 15232 |
convict the agent of the felony. | 15233 |
(3) Division (D) of this section does not apply regarding an | 15234 |
offense that was committed prior to January 1, 1997. | 15235 |
(4) The suspension or termination of the employment of a | 15236 |
person designated as an enforcement agent under division (D)(2) of | 15237 |
this section shall be in accordance with Chapter 119. of the | 15238 |
Revised Code. | 15239 |
Sec. 5743.45. (A) As used in this section, "felony" has the | 15240 |
same meaning as in section 109.511 of the Revised Code. | 15241 |
(B) For purposes of enforcing this chapter and Chapters | 15242 |
5735., 5739., 5741., and 5747. of the Revised Code and subject to | 15243 |
division (C) of this section, the tax commissioner, by journal | 15244 |
entry, may delegate any investigation powers of the commissioner | 15245 |
to an employee of the department of taxation who has been | 15246 |
certified by the Ohio peace officer training commission and who is | 15247 |
engaged in the enforcement of those chapters. A separate journal | 15248 |
entry shall be entered for each employee to whom that power is | 15249 |
delegated. Each journal entry shall be a matter of public record | 15250 |
and shall be maintained in an administrative portion of the | 15251 |
journal as provided for in division (L) of section 5703.05 of the | 15252 |
Revised Code. When that journal entry is completed, the employee | 15253 |
to whom it pertains, while engaged within the scope of the | 15254 |
employee's duties in enforcing the provisions of this chapter or | 15255 |
Chapter 5735., 5739., 5741., or 5747. of the Revised Code, has the | 15256 |
power of a police officer to carry concealed weapons, make | 15257 |
arrests, and obtain warrants for violations of any provision in | 15258 |
those chapters. The commissioner, at any time, may suspend or | 15259 |
revoke
| 15260 |
employee of the department shall divulge any information acquired | 15261 |
as a result of an investigation pursuant to this chapter or | 15262 |
Chapter 5735., 5739., 5741., or 5747. of the Revised Code, except | 15263 |
as may be required by the commissioner or a court. | 15264 |
(C)(1) The tax commissioner shall not delegate any | 15265 |
investigation powers to an employee of the department of taxation | 15266 |
pursuant to division (B) of this section on a permanent basis, on | 15267 |
a temporary basis, for a probationary term, or on other than a | 15268 |
permanent basis if the employee previously has been convicted of | 15269 |
or has pleaded guilty to a felony. | 15270 |
(2)(a) The tax commissioner shall revoke the delegation of | 15271 |
investigation powers to an employee to whom the delegation was | 15272 |
made pursuant to division (B) of this section if that employee | 15273 |
does either of the following: | 15274 |
(i) Pleads guilty to a felony; | 15275 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 15276 |
plea agreement as provided in division (D) of
section
| 15277 |
2929.43 of the Revised Code in which the employee agrees to | 15278 |
surrender the certificate awarded to that employee under section | 15279 |
109.77 of the Revised Code. | 15280 |
(b) The tax commissioner shall suspend the delegation of | 15281 |
investigation powers to an employee to whom the delegation was | 15282 |
made pursuant to division (B) of this section if that employee is | 15283 |
convicted, after trial, of a felony. If the employee files an | 15284 |
appeal from that conviction and the conviction is upheld by the | 15285 |
highest court to which the appeal is taken or if the employee does | 15286 |
not file a timely appeal, the commissioner shall revoke the | 15287 |
delegation of investigation powers to that employee. If the | 15288 |
employee files an appeal that results in that employee's acquittal | 15289 |
of the felony or conviction of a misdemeanor, or in the dismissal | 15290 |
of the felony charge against that employee, the commissioner shall | 15291 |
reinstate the delegation of investigation powers to that employee. | 15292 |
The suspension, revocation, and reinstatement of the delegation of | 15293 |
investigation powers to an employee under division (C)(2) of this | 15294 |
section shall be made by journal entry pursuant to division (B) of | 15295 |
this section. An employee to whom the delegation of investigation | 15296 |
powers is reinstated under division (C)(2)(b) of this section | 15297 |
shall not receive any back pay for the exercise of those | 15298 |
investigation powers unless that employee's conviction of the | 15299 |
felony was reversed on appeal, or the felony charge was dismissed, | 15300 |
because the court found insufficient evidence to convict the | 15301 |
employee of the felony. | 15302 |
(3) Division (C) of this section does not apply regarding an | 15303 |
offense that was committed prior to January 1, 1997. | 15304 |
(4) The suspension or revocation of the delegation of | 15305 |
investigation powers to an employee under division (C)(2) of this | 15306 |
section shall be in accordance with Chapter 119. of the Revised | 15307 |
Code. | 15308 |
Sec. 5907.021. (A) As used in this section, "felony" has | 15309 |
the same meaning as in section 109.511 of the Revised Code. | 15310 |
(B)(1) The superintendent of the Ohio veterans' home shall | 15311 |
not appoint a person as a chief of police or an employee as an | 15312 |
Ohio veterans' home police officer on a permanent basis, on a | 15313 |
temporary basis, for a probationary term, or on other than a | 15314 |
permanent basis if the person or employee previously has been | 15315 |
convicted of or has pleaded guilty to a felony. | 15316 |
(2)(a) The superintendent of the Ohio veterans' home shall | 15317 |
terminate the employment of a chief of police or the employment as | 15318 |
an Ohio veterans' home police officer of an employee appointed as | 15319 |
an Ohio veterans' home police officer if that chief of police or | 15320 |
employee does either of the following: | 15321 |
(i) Pleads guilty to a felony; | 15322 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 15323 |
plea agreement as provided in division (D) of
section
| 15324 |
2929.43 of the Revised Code in which the chief of police or | 15325 |
employee agrees to surrender the certificate awarded to that chief | 15326 |
of police or employee under section 109.77 of the Revised Code. | 15327 |
(b) The superintendent shall suspend from employment a chief | 15328 |
of police or from employment as an Ohio veterans' home police | 15329 |
officer an employee appointed as an Ohio veterans' home police | 15330 |
officer if that chief of police or employee is convicted, after | 15331 |
trial, of a felony. If the chief of police or the employee files | 15332 |
an appeal from that conviction and the conviction is upheld by the | 15333 |
highest court to which the appeal is taken or if the chief of | 15334 |
police or the employee does not file a timely appeal, the | 15335 |
superintendent shall terminate the employment of that chief of | 15336 |
police or that employee as an Ohio veterans' home police officer. | 15337 |
If the chief of police or the employee files an appeal that | 15338 |
results in that chief of police's or that employee's acquittal of | 15339 |
the felony or conviction of a misdemeanor, or in the dismissal of | 15340 |
the felony charge against that chief of police or that employee, | 15341 |
the superintendent shall reinstate that chief of police or that | 15342 |
employee as an Ohio veterans' home police officer. A chief of | 15343 |
police or an employee who is reinstated as an Ohio veterans' home | 15344 |
police officer under division (B)(2)(b) of this section shall not | 15345 |
receive any back pay unless the conviction of that chief of police | 15346 |
or that employee of the felony was reversed on appeal, or the | 15347 |
felony charge was dismissed, because the court found insufficient | 15348 |
evidence to convict the chief of police or the employee of the | 15349 |
felony. | 15350 |
(3) Division (B) of this section does not apply regarding an | 15351 |
offense that was committed prior to January 1, 1997. | 15352 |
(4) The suspension from employment, or the termination of | 15353 |
the employment, of a chief of police or an Ohio veterans' home | 15354 |
police officer under division (B)(2) of this section shall be in | 15355 |
accordance with Chapter 119. of the Revised Code. | 15356 |
Sec. 6101.75. (A) As used in this section, "felony" has | 15357 |
the same meaning as in section 109.511 of the Revised Code. | 15358 |
(B) The board of directors of a conservancy district may | 15359 |
police the works of the district and, in times of great emergency, | 15360 |
may compel assistance in the protection of those works. The board | 15361 |
may prevent persons, vehicles, or livestock from passing over the | 15362 |
property or works of the district at any places or in any manner | 15363 |
that would result in damage to the property or works or in the | 15364 |
opinion of the board would endanger the property or works or the | 15365 |
safety of persons lawfully on the property or works. | 15366 |
The employees that the board designates for that purpose have | 15367 |
all the powers of police officers within and adjacent to the | 15368 |
properties owned or controlled by the district. Before entering | 15369 |
upon the exercise of those powers, each employee shall take an | 15370 |
oath and give a bond to the state, in the amount that the board | 15371 |
prescribes, for the proper exercise of those powers. The cost of | 15372 |
the bond shall be borne by the district. This division is subject | 15373 |
to division (C) of this section. | 15374 |
(C)(1) The board of directors shall not designate an | 15375 |
employee as provided in division (B) of this section on a | 15376 |
permanent basis, on a temporary basis, for a probationary term, or | 15377 |
on other than a permanent basis if the employee previously has | 15378 |
been convicted of or has pleaded guilty to a felony. | 15379 |
(2)(a) The board of directors shall terminate the employment | 15380 |
of an employee designated as provided in division (B) of this | 15381 |
section if that employee does either of the following: | 15382 |
(i) Pleads guilty to a felony; | 15383 |
(ii) Pleads guilty to a misdemeanor pursuant to a negotiated | 15384 |
plea agreement as provided in division (D) of
section
| 15385 |
2929.43 of the Revised Code in which the employee agrees to | 15386 |
surrender the certificate awarded to that employee under section | 15387 |
109.77 of the Revised Code. | 15388 |
(b) The board of directors shall suspend from employment an | 15389 |
employee designated as provided in division (B) of this section if | 15390 |
that employee is convicted, after trial, of a felony. If the | 15391 |
employee files an appeal from that conviction and the conviction | 15392 |
is upheld by the highest court to which the appeal is taken or if | 15393 |
the employee does not file a timely appeal, the board shall | 15394 |
terminate the employment of that employee. If the employee files | 15395 |
an appeal that results in that employee's acquittal of the felony | 15396 |
or conviction of a misdemeanor, or in the dismissal of the felony | 15397 |
charge against that employee, the board shall reinstate that | 15398 |
employee. An employee who is reinstated under division (C)(2)(b) | 15399 |
of this section shall not receive any back pay unless that | 15400 |
employee's conviction of the felony was reversed on appeal, or the | 15401 |
felony charge was dismissed, because the court found insufficient | 15402 |
evidence to convict the employee of the felony. | 15403 |
(3) Division (C) of this section does not apply regarding an | 15404 |
offense that was committed prior to January 1, 1997. | 15405 |
(4) The suspension from employment, or the termination of | 15406 |
the employment, of an employee under division (C)(2) of this | 15407 |
section shall be in accordance with Chapter 119. of the Revised | 15408 |
Code. | 15409 |
Section 2. That existing sections 1.05, 109.42, 109.511, | 15410 |
109.77, 120.06, 120.16, 120.26, 149.43, 306.352, 307.93, 311.04, | 15411 |
321.44, 341.14, 341.19, 341.21, 341.23, 505.49, 509.01, 511.232, | 15412 |
737.052, 737.162, 737.41, 753.02, 753.04, 753.16, 1501.013, | 15413 |
1503.29, 1517.10, 1531.132, 1541.11, 1545.13, 1547.523, 1547.99, | 15414 |
1702.80, 1713.50, 2152.02, 2152.19, 2152.20, 2301.03, 2301.27, | 15415 |
2301.28, 2301.30, 2301.32, 2301.56, 2305.234, 2901.02, 2903.13, | 15416 |
2905.12, 2907.01, 2907.15, 2907.27, 2907.31, 2907.35, 2919.22, | 15417 |
2923.14, 2925.11, 2929.01, 2929.17, 2929.18, 2929.19, 2929.221, | 15418 |
2929.24, 2929.25, 2929.28, 2929.29, 2929.31, 2929.35, 2929.37, | 15419 |
2929.38, 2929.41, 2930.06, 2935.33, 2937.07, 2945.17, 2947.06, | 15420 |
2947.19, 2947.21, 2949.111, 2950.01, 2950.99, 2951.01, 2951.011, | 15421 |
2951.02, 2951.021, 2951.041, 2951.05, 2951.06, 2951.07, 2951.08, | 15422 |
2951.10, 2953.31, 2953.32, 2953.33, 2961.01, 2963.01, 2963.11, | 15423 |
2963.20, 2963.21, 2967.02, 2967.22, 2967.26, 2969.11, 2969.12, | 15424 |
2969.13, 2969.14, 3313.65, 3321.38, 3345.04, 3719.12, 3719.121, | 15425 |
3719.70, 3734.44, 3735.311, 3748.99, 3793.13, 3937.43, 3959.13, | 15426 |
4503.13, 4507.091, 4510.037, 4510.14, 4511.181, 4511.19, 4511.213, | 15427 |
4511.512, 4511.69, 4511.99, 4717.05, 4734.35, 4761.13, 4973.171, | 15428 |
5101.28, 5101.45, 5119.14, 5120.10, 5120.102, 5120.103, 5120.56, | 15429 |
5122.01, 5122.10, 5122.21, 5122.26, 5123.13, 5147.12, 5147.30, | 15430 |
5149.03, 5149.18, 5149.31, 5321.01, 5502.14, 5743.45, 5907.021, | 15431 |
and 6101.75 and sections 737.30, 737.99, 2929.21, 2929.22, | 15432 |
2929.23, 2929.36, 2929.51, 2933.16, and 2951.09 of the Revised | 15433 |
Code are hereby repealed. | 15434 |
Section 3. Notwithstanding division (B) of section 1.58 of | 15435 |
the Revised Code, the provisions of the Revised Code in existence | 15436 |
prior to January 1, 2004, shall apply to a person upon whom a | 15437 |
court imposed prior to that date a term of imprisonment for a | 15438 |
misdemeanor offense and to a person upon whom a court, on or after | 15439 |
that date and in accordance with the law in existence prior to | 15440 |
that date, imposed a term of imprisonment for a misdemeanor | 15441 |
offense that was committed prior to that date. | 15442 |
The provisions of the Revised Code in existence on and after | 15443 |
January 1, 2004, apply to a person who commits a misdemeanor | 15444 |
offense on or after that date. | 15445 |
Section 4. Sections 1 and 2 of this act shall take effect | 15446 |
January 1, 2004. | 15447 |
Section 5. Section 1.05 of the Revised Code is presented in | 15448 |
this act as a composite of the section as amended by both Am. Sub. | 15449 |
S.B. 166 and Am. Sub. S.B. 269 of the 121st General Assembly. | 15450 |
Section 109.77 of the Revised Code is presented in this act as a | 15451 |
composite of the section as amended by Sub. H.B. 148, Am. Sub. | 15452 |
H.B. 163, and Am. S.B. 137 of the 123rd General Assembly. Section | 15453 |
1702.80 of the Revised Code is presented in this act as a | 15454 |
composite of the section as amended by both Am. Sub. H.B. 566 and | 15455 |
Sub. H.B. 670 of the 121st General Assembly. Section 1713.50 of | 15456 |
the Revised Code is presented in this act as a composite of the | 15457 |
section as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of | 15458 |
the 121st General Assembly. Section 2301.03 of the Revised Code is | 15459 |
presented in this act as a composite of the section as amended by | 15460 |
both Sub. H.B. 8 and Sub. H.B. 393 of the 124th General Assembly. | 15461 |
Section 2301.32 of the Revised Code is presented in this act as a | 15462 |
composite of the section as amended by both Am. Sub. H.B. 571 and | 15463 |
Am. Sub. H.B. 406 of the 120th General Assembly. Section 2907.01 | 15464 |
of the Revised Code is presented in this act as a composite of the | 15465 |
section as amended by both Sub. H.B. 8 and Am. Sub. S.B. 9 of the | 15466 |
124th General Assembly. Section 2929.18 of the Revised Code is | 15467 |
presented in this act as a composite of the section as amended by | 15468 |
both Am. Sub. S.B. 123 and Sub. H.B. 170 of the 124th General | 15469 |
Assembly. Section 2929.19 of the Revised Code is presented in | 15470 |
this act as a composite of the section as amended by Sub. H.B. | 15471 |
170, Sub. H.B. 485, and Am. Sub. S.B. 123, all of the 124th | 15472 |
General Assembly. Section 2929.221 (2929.34) of the Revised | 15473 |
Code is presented in this act as a composite of the section as | 15474 |
amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 166 of the | 15475 |
121st General Assembly. Section 3345.04 of the Revised Code is | 15476 |
presented in this act as a composite of the section as amended by | 15477 |
both Am. Sub. H.B. 566 and Am. Sub. H.B. 568 of the 121st General | 15478 |
Assembly. Section 4511.99 of the Revised Code is presented in this | 15479 |
act as a composite of the section as amended by both Am. Sub. | 15480 |
S.B. 123 and Am. Sub. S.B. 231 of the 124th General Assembly. | 15481 |
Section 5119.14 of the Revised Code is presented in this act as a | 15482 |
composite of the section as amended by both Am. Sub. H.B. 566 and | 15483 |
Sub. H.B. 670 of the 121st General Assembly. Section 5123.13 of | 15484 |
the Revised Code is presented in this act as a composite of the | 15485 |
section as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of | 15486 |
the 121st General Assembly. Section 5743.45 of the Revised Code | 15487 |
is presented in this act as a composite of the section as amended | 15488 |
by both Am. Sub. H.B. 566 and Sub. H.B. 670 of the 121st General | 15489 |
Assembly. The General Assembly, applying the principle stated in | 15490 |
division (B) of section 1.52 of the Revised Code that amendments | 15491 |
are to be harmonized if reasonably capable of simultaneous | 15492 |
operation, finds that the specified composite is the resulting | 15493 |
version of the specified sections in effect prior to the effective | 15494 |
date of the section as presented in this act. | 15495 |
Section 6. That section 4507.162 of the Revised Code be | 15496 |
amended to read as follows: | 15497 |
Sec. 4507.162. (A) Except as provided in division (C) of | 15498 |
this section, the registrar of motor vehicles shall suspend the | 15499 |
probationary driver's license, restricted license, or temporary | 15500 |
instruction permit issued to any person when the person has been | 15501 |
convicted of, pleaded guilty to, or been adjudicated in juvenile | 15502 |
court of having committed, prior to the person's eighteenth | 15503 |
birthday, any of the following: | 15504 |
(1) Three separate violations of section 2903.06, 2903.08, | 15505 |
2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.192, 4511.20, | 15506 |
4511.201, 4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, | 15507 |
4511.57 to 4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the | 15508 |
Revised Code, section 2903.04 of the Revised Code in a case in | 15509 |
which the person would have been subject to the sanctions | 15510 |
described in division (D) of that section had the person been | 15511 |
convicted of the violation of that section, former section 2903.07 | 15512 |
of the Revised Code, or any municipal ordinances similarly | 15513 |
relating to the offenses referred to in those sections; | 15514 |
(2) One violation of section 4511.19 of the Revised Code or | 15515 |
a substantially similar municipal ordinance; | 15516 |
(3) Two separate violations of any of the Revised Code | 15517 |
sections referred to in division (A)(1) of this section, or any | 15518 |
municipal ordinance that is substantially similar to any of those | 15519 |
sections. | 15520 |
Any person whose license or permit is suspended under | 15521 |
division (A)(1), (2), or (3) of this section shall mail or deliver | 15522 |
the person's probationary driver's license, restricted license, or | 15523 |
temporary instruction permit to the registrar within fourteen days | 15524 |
of notification of the suspension. The registrar shall retain the | 15525 |
license or permit during the period of the suspension. A | 15526 |
suspension pursuant to division (A)(1) of this section shall | 15527 |
remain in effect until one year has elapsed since the date of | 15528 |
suspension of the probationary driver's license, restricted | 15529 |
license, or temporary instruction permit, a suspension pursuant to | 15530 |
division (A)(2) of this section shall remain in effect until six | 15531 |
months have elapsed since the date of the suspension, and a | 15532 |
suspension pursuant to division (A)(3) of this section shall | 15533 |
remain in effect until ninety days have elapsed since the date of | 15534 |
the suspension. If the person's probationary driver's license, | 15535 |
restricted license, or temporary instruction permit is under | 15536 |
suspension on the date the court imposes sentence upon the person | 15537 |
for a violation described in division (A)(2) of this section, the | 15538 |
suspension shall take effect on the next day immediately following | 15539 |
the end of that period of suspension. If the person is sixteen | 15540 |
years of age or older and pleads guilty to or is convicted of a | 15541 |
violation described in division (A)(2) of this section and the | 15542 |
person does not have a current, valid probationary driver's | 15543 |
license, restricted license, or temporary instruction permit, the | 15544 |
registrar shall deny the issuance to the person of a probationary | 15545 |
driver's license, restricted license, driver's license, commercial | 15546 |
driver's license, or temporary instruction permit, as the case may | 15547 |
be, for six months beginning on the date the court imposes | 15548 |
sentence upon the person for the violation. If the person has not | 15549 |
attained the age of sixteen years on the date the court imposes | 15550 |
sentence upon the person for the violation, the period of denial | 15551 |
shall commence on the date the person attains the age of sixteen | 15552 |
years. | 15553 |
(B) The registrar also shall suspend the temporary | 15554 |
instruction permit or probationary driver's license of any person | 15555 |
under the age of eighteen who has been adjudicated unruly, | 15556 |
delinquent, or a juvenile traffic offender for having committed | 15557 |
any act that if committed by an adult would be a drug abuse | 15558 |
offense as defined in section 2925.01 of the Revised Code, or a | 15559 |
violation of division (B) of section 2917.11 of the Revised Code | 15560 |
until the person reaches the age of eighteen years or attends, at | 15561 |
the discretion of the court, and satisfactorily completes a drug | 15562 |
abuse or alcohol abuse education, intervention, or treatment | 15563 |
program specified by the court. Any person whose temporary | 15564 |
instruction permit or probationary driver's license is suspended | 15565 |
under this division shall mail or deliver the person's permit or | 15566 |
license to the registrar within fourteen days of notification of | 15567 |
the suspension. The registrar shall retain the permit or license | 15568 |
during the period of the suspension. | 15569 |
(C)(1) A person is not entitled to request, and a court | 15570 |
shall
not grant to the person,
| 15571 |
privileges under division (C) of this section if a person is | 15572 |
convicted of, pleads guilty to, or is adjudicated in juvenile | 15573 |
court of having committed a second or third violation of section | 15574 |
4511.12, 4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to | 15575 |
4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or any | 15576 |
similar municipal ordinances, and the person, within the preceding | 15577 |
seven years, has been convicted of, pleaded guilty to, or | 15578 |
adjudicated in juvenile court of having committed three or more | 15579 |
violations of one or more of the following: | 15580 |
(a) Division (A) or (B) of section 4511.19 of the Revised | 15581 |
Code; | 15582 |
(b) A municipal ordinance relating to operating a vehicle | 15583 |
while under the influence of alcohol, a drug of abuse, or alcohol | 15584 |
and a drug of abuse; | 15585 |
(c) A municipal ordinance relating to operating a vehicle | 15586 |
with a prohibited concentration of alcohol in the blood, breath, | 15587 |
or urine; | 15588 |
(d) Section 2903.04 of the Revised Code in a case in which | 15589 |
the person was subject to the sanctions described in division (D) | 15590 |
of that section; | 15591 |
(e) Division (A)(1) of section 2903.06 or division (A)(1) of | 15592 |
section 2903.08 of the Revised Code or a municipal ordinance that | 15593 |
is substantially similar to either of those divisions; | 15594 |
(f) Division (A)(2), (3), or (4) of section 2903.06, | 15595 |
division (A)(2) of section 2903.08, or former section 2903.07 of | 15596 |
the Revised Code, or a municipal ordinance that is substantially | 15597 |
similar to any of those divisions or that former section, in a | 15598 |
case in which the jury or judge found that the person was under | 15599 |
the influence of alcohol, a drug of abuse, or alcohol and a drug | 15600 |
of abuse. | 15601 |
(2) For any other person who is not described in division | 15602 |
(C)(1) of this section and who is convicted of, pleads guilty to, | 15603 |
or is adjudicated in juvenile court of having committed a second | 15604 |
or third violation of section 4511.12, 4511.13, 4511.15, 4511.20 | 15605 |
to 4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or | 15606 |
4511.75 of the Revised Code or any similar municipal ordinances | 15607 |
and whose license or permit is suspended under division (A)(1) or | 15608 |
(3) of this section, the court in which the second or third | 15609 |
conviction, finding, plea, or adjudication resulting in the | 15610 |
suspension was made, upon petition of the person, may grant the | 15611 |
person
| 15612 |
described in this division, during the period during which the | 15613 |
suspension otherwise would be in effect under division (A)(1) or | 15614 |
(3) of this section, if the court finds
| 15615 |
15616 | |
15617 | |
15618 | |
suspension | 15619 |
will seriously affect the person's ability to continue in | 15620 |
employment, educational training, vocational training, or | 15621 |
treatment.
| 15622 |
15623 | |
15624 | |
15625 | |
privileges under this division may be for the purpose of assisting | 15626 |
the person to continue in employment, educational training, | 15627 |
vocational training, or treatment or to permit the person to | 15628 |
practice driving with the person's parent, guardian, or custodian | 15629 |
during the period of the suspension. In
granting
| 15630 |
limited driving privileges, the court shall specify the purposes, | 15631 |
times,
and places
| 15632 |
and may impose any other conditions upon the person's use of a | 15633 |
motor vehicle that the court considers reasonable and necessary. | 15634 |
A court that grants
| 15635 |
to a person under this division shall retain the person's | 15636 |
probationary driver's license, restricted license, or temporary | 15637 |
instruction permit during the period the license or permit is | 15638 |
suspended and
also during the period for which
| 15639 |
limited driving privileges are granted, and shall deliver to the | 15640 |
person a permit card, in a form to be prescribed by the court, | 15641 |
setting forth the date on
which the
| 15642 |
privileges will become effective, the purposes for which the | 15643 |
person may drive, the times and places at which the person may | 15644 |
drive, and any other conditions imposed upon the person's use of a | 15645 |
motor vehicle. | 15646 |
The court immediately shall notify the registrar, in writing, | 15647 |
of a grant of
| 15648 |
notification
shall specify the date on which the
| 15649 |
limited driving privileges will become effective, the purposes for | 15650 |
which the person may drive, the times and places at which the | 15651 |
person may drive, and any other conditions imposed upon the | 15652 |
person's use of a motor vehicle. The registrar shall not suspend | 15653 |
the probationary driver's license, restricted license, or | 15654 |
temporary instruction permit of any person pursuant to division | 15655 |
(A) of this section during any period for which the person has | 15656 |
been granted
| 15657 |
in this division, if the registrar has received the notification | 15658 |
described in this division from the court. | 15659 |
(D) If a person who has been granted
| 15660 |
driving privileges under division (C) of this section is convicted | 15661 |
of, pleads guilty to, or is adjudicated in juvenile court of | 15662 |
having committed, a violation of section 4507.02 of the Revised | 15663 |
Code, or a fourth or subsequent violation of any of the other | 15664 |
sections of the Revised Code listed in division (A)(1) of this | 15665 |
section or any similar municipal ordinance during the period for | 15666 |
which the
person
was
granted
| 15667 |
privileges, the court that
granted
the
| 15668 |
driving privileges shall revoke them and cancel the person's | 15669 |
permit card. The court or the clerk of the court immediately | 15670 |
shall forward the person's probationary driver's license, | 15671 |
restricted license, or temporary instruction permit together with | 15672 |
written notification of the court's action to the registrar. Upon | 15673 |
receipt of the license or permit and notification, the registrar | 15674 |
shall suspend the person's probationary driver's license, | 15675 |
restricted license, or temporary instruction permit for a period | 15676 |
of one year. The registrar shall retain the license or permit | 15677 |
during the period of suspension, and
no further
| 15678 |
limited driving privileges shall be granted during that period. | 15679 |
(E) No application for a driver's or commercial driver's | 15680 |
license shall be received from any person whose probationary | 15681 |
driver's license, restricted license, or temporary instruction | 15682 |
permit has been suspended under this section until each of the | 15683 |
following has occurred: | 15684 |
(1) The suspension period has expired; | 15685 |
(2) A temporary instruction permit or commercial driver's | 15686 |
license temporary instruction permit has been issued; | 15687 |
(3) The person successfully completes a juvenile driver | 15688 |
improvement program approved by the registrar under division (F) | 15689 |
of this section; | 15690 |
(4) The applicant has submitted to the examination for a | 15691 |
driver's license as provided for in section 4507.11 or a | 15692 |
commercial driver's license as provided in Chapter 4506. of the | 15693 |
Revised Code. | 15694 |
(F) The registrar shall establish standards for juvenile | 15695 |
driver improvement programs and shall approve any such programs | 15696 |
that meet the established standards. The standards established by | 15697 |
the registrar shall require a minimum of five hours of classroom | 15698 |
instruction, with at least three hours devoted to driver skill | 15699 |
requirements and two hours devoted to juvenile driver information | 15700 |
related to the driving records of drivers under the age of | 15701 |
eighteen, driver perceptions, and the value of the traffic laws. | 15702 |
The standards also shall require a person whose probationary | 15703 |
driver's license was suspended under this section to undertake and | 15704 |
pass, as successful completion of an approved juvenile driver | 15705 |
improvement program, the driver's license examination that a | 15706 |
person who holds a temporary instruction permit is required to | 15707 |
undertake and pass in order to be issued a probationary driver's | 15708 |
license. The person shall pay the applicable fee that is required | 15709 |
to accompany an application for a driver's license as prescribed | 15710 |
in division (E) of section 4507.23 of the Revised Code. The | 15711 |
registrar shall prescribe the requirements for the curriculum to | 15712 |
be provided as well as other program directives. Only those | 15713 |
programs approved by the registrar shall be acceptable for | 15714 |
reinstatement of the driving privileges of a person whose | 15715 |
probationary driver's license was suspended under this section. | 15716 |
Section 7. That existing section 4507.162 of the Revised Code | 15717 |
is hereby repealed. | 15718 |
Section 8. The amendments to section 4507.162 of the Revised | 15719 |
Code that are made in Sections 6 and 7 of this act are made for | 15720 |
the period of time that section 4507.162 of the Revised Code is in | 15721 |
existence under that number until, on January 1, 2004, that | 15722 |
section is renumbered by Am. Sub. S.B. 123 of the 124th General | 15723 |
Assembly to section 4510.31 of the Revised Code and is amended. On | 15724 |
and after January 1, 2004, the amendments to section 4507.162 of | 15725 |
the Revised Code that are made in Sections 6 and 7 of this act | 15726 |
have no meaning and no force and effect, and do not affect or | 15727 |
supersede the renumbering and amendment of section 4507.162 of the | 15728 |
Revised Code that was done in Am. Sub. S.B. 123 of the 124th | 15729 |
General Assembly. | 15730 |