As Reported by the Senate Judiciary--Criminal Justice Committee
124th General Assembly | Regular Session | 2001-2002 |
| |
REPRESENTATIVES Latta, McGregor, Seitz, Fessler, Womer Benjamin, Willamowski, Gilb, Schmidt, Cirelli, Perry, Salerno, D. Miller
A BILL
To amend sections 1.05, 109.42, 109.511,
109.77,
120.06, 120.16, 120.26, 149.43, 306.352, 307.93,
311.04,
321.44, 341.14, 341.19, 341.21, 341.23,
505.49, 509.01,
511.232, 737.052,
737.162,
737.41,
753.02, 753.04, 753.16,
1501.013, 1503.29,
1517.10, 1531.132,
1541.11, 1545.13,
1547.523,
1547.99, 1702.80,
1713.50,
2152.02,
2152.19,
2152.20,
2301.03, 2301.27,
2301.28,
2301.30,
2301.32, 2301.56,
2305.234, 2901.02,
2903.13,
2905.12,
2907.01, 2907.15,
2907.27, 2907.31, 2907.35, 2919.22, 2923.14,
2925.11,
2929.01,
2929.17,
2929.18, 2929.19,
2929.221, 2929.25,
2929.28,
2929.31, 2929.35,
2929.37, 2929.38, 2929.41, 2930.06, 2935.33,
2937.07, 2945.17,
2947.06, 2947.19,
2947.21,
2949.111, 2950.01,
2950.99,
2951.01, 2951.011,
2951.02, 2951.021,
2951.041,
2951.05, 2951.06,
2951.07,
2951.08,
2951.10,
2953.31, 2953.32,
2953.33,
2961.01,
2963.01,
2963.11, 2963.20,
2963.21,
2967.02,
2967.22,
2967.26,
2969.11,
2969.12,
2969.13,
2969.14,
3313.65,
3321.38,
3345.04, 3719.12,
3719.121,
3719.70, 3734.44,
3735.311, 3748.99,
3793.13,
3937.43, 3959.13,
4503.13, 4507.091, 4510.037, 4510.14, 4511.181, 4511.19, 4511.213,
4511.512, 4511.69,
4511.99, 4717.05,
4734.35,
4761.13, 4973.171, 5101.28,
5101.45, 5119.14,
5120.10, 5120.102, 5120.103,
5120.56,
5122.01,
5122.10, 5122.21, 5122.26,
5123.13, 5147.12,
5147.30,
5149.03, 5149.18, 5149.31,
5321.01,
5502.14, 5743.45, 5907.021,
and 6101.75;
to amend,
for the
purpose
of adopting new
section
numbers as
indicated in
parentheses, sections
2929.221
(2929.34), 2929.24
(2929.42), 2929.25
(2929.32),
2929.28 (2929.71),
2929.29
(2929.43), and 2929.35
(2929.36); to enact
new sections
2929.21, 2929.22,
2929.23, 2929.24,
2929.25,
and 2929.28 and
sections
1905.033,
2929.26, and 2929.27; and to
repeal
sections
737.30, 737.99, 2929.21,
2929.22,
2929.23,
2929.36, 2929.51,
2933.16, and 2951.09 of
the
Revised Code
to
implement the
recommendations
of
the Criminal
Sentencing
Commission pertaining to
misdemeanor
sentencing
generally; to
make other
changes in
the
criminal law, including changes in the law regarding matter harmful to juveniles, and in certain provisions regarding the issuance of motor vehicle registrations or driver's licenses; and to amend
section 4507.162 of the Revised Code for the period of time that
that section is in existence under that number until, on January
1, 2004, that
section is renumbered by Am. Sub. S.B. 123 of the
124th General
Assembly as section 4510.31 of the Revised Code.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1.05, 109.42, 109.511,
109.77,
120.06, 120.16, 120.26, 149.43,
306.352,
307.93, 311.04, 321.44,
341.14, 341.19, 341.21, 341.23, 505.49,
509.01,
511.232,
737.052,
737.162, 737.41, 753.02, 753.04, 753.16,
1501.013,
1503.29,
1517.10, 1531.132, 1541.11,
1545.13,
1547.523,
1547.99,
1702.80,
1713.50,
2152.02,
2152.19, 2152.20, 2301.03,
2301.27,
2301.28,
2301.30,
2301.32, 2301.56,
2305.234, 2901.02,
2903.13, 2905.12,
2907.01, 2907.15, 2907.27, 2907.31, 2907.35, 2919.22, 2923.14,
2925.11,
2929.01,
2929.17,
2929.18, 2929.19,
2929.221,
2929.25,
2929.28, 2929.31, 2929.35,
2929.37, 2929.38, 2929.41, 2930.06, 2935.33,
2937.07, 2945.17,
2947.06, 2947.19, 2947.21, 2949.111, 2950.01,
2950.99,
2951.01,
2951.011, 2951.02,
2951.021, 2951.041, 2951.05, 2951.06,
2951.07,
2951.08,
2951.10,
2953.31, 2953.32, 2953.33, 2961.01,
2963.01,
2963.11,
2963.20,
2963.21, 2967.02, 2967.22, 2967.26,
2969.11,
2969.12,
2969.13,
2969.14, 3313.65,
3321.38,
3345.04,
3719.12,
3719.121, 3719.70,
3734.44,
3735.311, 3748.99,
3793.13,
3937.43,
3959.13,
4503.13, 4507.091, 4510.037, 4510.14, 4511.181, 4511.19, 4511.213, 4511.512,
4511.69,
4511.99, 4717.05,
4734.35,
4761.13, 4973.171, 5101.28,
5101.45,
5119.14,
5120.10, 5120.102,
5120.103,
5120.56,
5122.01,
5122.10,
5122.21, 5122.26, 5123.13,
5147.12,
5147.30, 5149.03,
5149.18,
5149.31,
5321.01,
5502.14,
5743.45, 5907.021, and
6101.75
be
amended; sections
2929.221
(2929.34),
2929.24
(2929.42),
2929.25
(2929.32), 2929.28
(2929.71),
2929.29
(2929.43), and
2929.35 (2929.36) be amended for
the purpose of
adopting new
section
numbers as indicated in
parentheses; and new
sections
2929.21,
2929.22,
2929.23, 2929.24,
2929.25, and 2929.28 and
sections
1905.033, 2929.26, and 2929.27
of the Revised
Code be
enacted to read as
follows:
Sec. 1.05.
(A) As used in the Revised Code, unless the
context
otherwise requires,
"imprisoned"
or "imprisonment" means:
(A) Imprisoned in a county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse, if
the offense is a misdemeanor;
(B) Imprisoned in a state correctional institution, if the
offense is
aggravated murder, murder, or an offense punishable by
life
imprisonment or if the offense is another felony for which
the offender is
sentenced to prison pursuant to section 2929.14 or
division (G)(2) of section
2929.13 of the Revised Code;
(C) Imprisoned in a county, multicounty, municipal,
municipal-county, or multicounty-municipal jail or workhouse
pursuant to section 2929.16 of the Revised Code if the offense is
a felony or
imprisoned in a county, multicounty, municipal,
municipal-county, or
multicounty-municipal jail or workhouse
pursuant to section 5120.161 of the
Revised Code if the offense is
a felony of the fourth or fifth degree and is
committed by a
person who previously has not been convicted of or pleaded
guilty
to a felony, if the offense is not an offense of violence, and if
the
department of rehabilitation and correction designates,
pursuant to that
section, that the person is to be imprisoned in
the jail or workhouse;
(D)(1) Serving a term in a community-based correctional
facility pursuant
to section 2929.16 of the Revised Code and
consistent with sections 2301.51 to
2301.56 of the Revised Code
and the rules of the division of parole and
community services,
the department of rehabilitation and correction, and the
facility's judicial corrections board adopted pursuant to section
2301.52 of
the Revised Code;
(2) Serving a term in a halfway house or an alternative a
facility
pursuant to of a type described in section 2929.16 or
division (G)(1)
of section 2929.13 of the Revised Code and
consistent with section 2967.14 of
the Revised Code and the rules
of the division of parole and community
services and of the
director of rehabilitation and correction adopted pursuant
to that
section., if the offense is a felony and the offender is
sentenced
pursuant to that section or division.
(3) The inclusion of a community-based correctional
facility, a halfway
house, and an alternative residential facility
in division (D) of this section
does not cause the facility or
house to be financially responsible for the
payment of any medical
or other health care expenses incurred in connection
with an
offender who is serving a term in the facility or house pursuant
to
section 2929.16 of the Revised Code. Unless another section of
the Revised
Code requires or authorizes a community-based
correctional facility, halfway
house, or alternative residential
facility to pay for those types of expenses,
an offender who is
serving a term in the facility or house pursuant to section
2929.16 of the Revised Code shall be financially responsible for
the payment
of those types of expenses
being imprisoned under a
sentence imposed for an offense or serving a
term of imprisonment,
prison term, jail term,
term of local
incarceration, or other term
under a sentence imposed for an offense in an institution under
the control
of the department of rehabilitation and correction, a
county,
multicounty,
municipal, municipal-county, or
multicounty-municipal
jail or workhouse, a
minimum security jail,
a
community-based correctional facility, a
halfway house, an
alternative residential facility, or another facility
described or
referred to in section 2929.34 of the Revised Code for the type of
criminal
offense and under the circumstances specified or referred
to in that section.
(4)(B) As used in division
(D)(A) of this section,
"community-based correctional
facility,"
"halfway house," and
"alternative residential facility" have the
same meanings as in
section 2929.01 of the Revised Code.
Sec. 109.42. (A) The attorney general shall prepare and
have printed a pamphlet that contains a compilation of all
statutes relative to victim's rights in which the attorney general
lists and
explains the statutes in the form of a victim's bill of
rights.
The attorney general shall distribute the pamphlet to all
sheriffs, marshals,
municipal corporation and township police
departments,
constables, and other law enforcement agencies, to
all
prosecuting attorneys, city directors of law, village
solicitors,
and other similar chief legal officers of municipal
corporations,
and to organizations that represent or provide
services for
victims of crime. The victim's bill of rights set
forth in the
pamphlet shall contain a description of all of the
rights of
victims that are provided for in Chapter 2930. or in
any
other section of the Revised Code and shall include, but not
be
limited to, all of the following:
(1) The right of a victim or a victim's
representative to
attend a proceeding before a grand
jury, in a juvenile case, or in
a criminal case pursuant to a
subpoena without being discharged
from the victim's or
representative's employment, having the
victim's or
representative's employment terminated, having the
victim's
or representative's pay decreased or withheld, or
otherwise being punished, penalized, or threatened as a result of
time lost from regular employment because of the victim's or
representative's attendance at
the proceeding pursuant to the
subpoena, as set forth in section
2151.211, 2930.18, 2939.121, or
2945.451 of the Revised Code;
(2) The potential availability pursuant to section
2151.359
or 2152.61 of the Revised
Code of a forfeited recognizance to pay
damages caused by a child when the delinquency of the child or
child's violation of probation or community control is found to be
proximately caused
by the failure of the child's parent or
guardian to subject the
child to reasonable parental authority or
to faithfully discharge
the conditions of probation or community
control;
(3) The availability of awards of reparations pursuant to
sections 2743.51 to 2743.72 of the Revised Code for injuries
caused by criminal offenses;
(4) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative to receive, pursuant to section
2930.06 of the Revised Code,
notice of the date, time, and place
of the trial or delinquency
proceeding in the case or, if
there
will not be a trial or delinquency proceeding, information from
the prosecutor, as defined in
section 2930.01 of the Revised Code,
regarding the disposition of the case;
(5) The right of the victim in certain criminal or juvenile
cases or a
victim's representative to receive, pursuant to section
2930.04,
2930.05, or 2930.06 of the Revised Code, notice of the
name of the person
charged with the violation, the case or docket
number assigned to
the charge, and a telephone number or numbers
that can be called
to obtain information about the disposition of
the case;
(6) The right of the victim in certain criminal or juvenile
cases or
of the
victim's
representative pursuant to section
2930.13 or 2930.14 of the
Revised Code, subject to any reasonable
terms set by the
court as authorized under section 2930.14 of the
Revised Code, to make a
statement
about the victimization and, if
applicable, a statement relative to the sentencing or disposition
of
the
offender;
(7) The opportunity to obtain a court order, pursuant to
section 2945.04 of the Revised Code, to prevent or stop the
commission of the offense of intimidation of a crime victim or
witness or an offense against the person or property of the
complainant,
or of the complainant's ward or child;
(8) The right of the victim in certain criminal or juvenile
cases or a
victim's
representative pursuant to sections 2151.38,
2929.20, 2930.10,
2930.16, and 2930.17 of
the Revised Code to
receive notice of a pending motion for judicial release
or early
release of
the person who
committed the offense against the
victim, to make an oral or
written
statement at the court hearing
on the motion, and to be notified of
the court's decision on the
motion;
(9) The right of the victim in certain criminal or juvenile
cases or a
victim's representative pursuant to section 2930.16,
2967.12, 2967.26, or 5139.56
of the Revised Code to receive notice
of any pending
commutation, pardon, parole, transitional
control,
discharge, other form of authorized release,
post-release control,
or supervised release for the
person who committed the offense
against the victim or any application for
release of that person
and to send a written statement
relative to the victimization and
the pending action to the adult
parole authority or the release
authority of the department of youth
services;
(10) The right of the victim to bring a civil action
pursuant to sections 2969.01 to 2969.06 of the Revised Code to
obtain money from the offender's profit fund;
(11) The right, pursuant to section 3109.09 of the
Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the
parent of a
minor who willfully damages property through the commission
of an
act that would be a theft offense, as defined in section
2913.01
of the Revised Code, if committed by an adult;
(12) The right, pursuant to section 3109.10 of the Revised
Code, to maintain a civil action to recover compensatory damages
not exceeding ten thousand dollars and costs from the parent of a
minor who
willfully and maliciously assaults a person;
(13) The possibility of receiving restitution from an
offender or a delinquent child pursuant to section
2152.20,
2929.18, or
2929.21
2929.28 of the Revised Code;
(14) The right of the victim in certain criminal or juvenile
cases
or a victim's representative, pursuant to section 2930.16 of
the Revised
Code, to receive notice of the escape
from confinement
or custody of the person who committed the
offense, to receive
that notice from the custodial agency
of the person at the
victim's last address or telephone
number provided to the
custodial agency, and to
receive notice that, if either the
victim's address or telephone
number changes, it is in the
victim's interest to provide the new
address or telephone number
to the custodial
agency;
(15) The right of a victim of domestic violence to seek
the
issuance of a
temporary protection order pursuant to section
2919.26 of the Revised Code,
to seek the issuance of a civil
protection order pursuant to section 3113.31
of the Revised Code,
and to be accompanied by a victim advocate during court
proceedings;
(16) The right of a victim of a
sexually oriented offense
that is committed by a person who is
adjudicated as being a sexual
predator or, in certain cases, by
a person who is determined to be
a habitual sex offender to
receive, pursuant to section 2950.10 of
the Revised Code, notice that the
person
has registered with a
sheriff under section 2950.04 or 2950.05
of the Revised Code and
notice of the
person's name and residence address or addresses,
and
a
summary of the manner in which the victim must make a
request
to receive the notice. As used in this division,
"sexually
oriented offense," "adjudicated as being a sexual
predator," and
"habitual sex offender" have the same meanings as
in section
2950.01 of the Revised Code.
(17) The right of a victim of certain sexually violent
offenses committed by a sexually violent predator who is
sentenced
to a prison term pursuant to division
(A)(3) of section 2971.03 of
the Revised Code to receive, pursuant to
section 2930.16 of the
Revised Code, notice of a hearing to
determine whether to modify
the requirement that the offender
serve the entire prison term in
a state correctional facility,
whether to continue, revise, or
revoke any existing modification
of that requirement, or whether
to terminate the prison term.
As used in this division, "sexually
violent offense" and
"sexually violent predator" have the same
meanings as in section
2971.01 of the Revised Code.
(B)(1)(a) Subject to division (B)(1)(c) of this section, a
prosecuting
attorney, assistant prosecuting
attorney, city
director of law, assistant city director of law,
village
solicitor, assistant village solicitor, or similar chief
legal
officer of a municipal corporation or an assistant of any
of those
officers who prosecutes an offense
committed in this state, upon
first
contact with the victim of the offense, the victim's family,
or
the victim's dependents,
shall give the victim, the victim's
family, or the victim's dependents a copy
of the pamphlet prepared
pursuant to division (A) of this section
and explain, upon
request, the information in the pamphlet to the
victim, the
victim's family, or the victim's dependents.
(b) Subject to division (B)(1)(c) of this section, a law
enforcement agency
that investigates an
offense or delinquent act
committed in this state shall give the victim
of the
offense or
delinquent act, the victim's family, or the victim's
dependents
a
copy of the pamphlet
prepared pursuant to division (A) of this
section at one of the
following times:
(i) Upon first contact with the victim, the victim's family,
or
the victim's dependents;
(ii) If the offense or delinquent act is an offense of
violence, if
the
circumstances of the offense or delinquent act
and the condition of the
victim,
the victim's family, or the
victim's dependents indicate that the
victim, the victim's family,
or the victim's dependents will not be able to
understand the
significance
of the pamphlet upon first contact with the agency,
and if the
agency anticipates that it will have an additional
contact with
the victim, the victim's family, or the victim's
dependents, upon the agency's second contact with the victim, the
victim's
family, or the victim's dependents.
If the agency does not give the victim, the victim's family,
or
the victim's dependents a copy of the pamphlet upon first
contact
with them and does not have a second contact with the
victim, the victim's
family,
or the victim's dependents, the
agency shall mail a copy of the pamphlet
to the victim, the
victim's family, or the victim's
dependents at their last known
address.
(c) In complying on and after December 9, 1994, with the
duties imposed by division
(B)(1)(a) or (b) of this section, an
official or a law enforcement agency shall use copies of the
pamphlet that are in the official's or agency's possession on
December 9,
1994, until the official or agency has
distributed all
of those copies. After the official or agency
has distributed all
of those copies, the official or agency shall
use only copies of
the pamphlet that contain at least the
information described in
division (A)(1) to (17) of this
section.
(2) The failure of a law enforcement agency or of a
prosecuting attorney, assistant prosecuting attorney, city
director of
law, assistant city director of law, village
solicitor, assistant
village solicitor, or similar chief legal
officer of a municipal
corporation or an assistant to any of those
officers to give, as required by
division
(B)(1) of this section,
the victim of an offense or delinquent act, the
victim's
family,
or the victim's dependents a copy of the pamphlet prepared
pursuant to
division (A) of this section does not give the victim,
the victim's
family, the victim's dependents, or a victim's
representative
any rights under section 122.95,
2743.51 to
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06,
3109.09, or 3109.10
of the Revised Code or under any other
provision of the Revised
Code and does not affect any right under
those sections.
(3) A law enforcement agency, a prosecuting attorney or
assistant prosecuting
attorney, or a city director of law,
assistant city director of
law, village solicitor,
assistant
village solicitor, or similar chief legal officer of a municipal
corporation that distributes a copy of
the pamphlet prepared
pursuant to division (A) of this section
shall not be required to
distribute a copy of an information card
or other printed material
provided by the clerk of the court of
claims pursuant to section
2743.71 of the Revised Code.
(C) The cost of printing and distributing the pamphlet
prepared pursuant to division (A) of this section shall be paid
out of the reparations fund, created pursuant to section 2743.191
of the Revised Code, in accordance with division (D) of that
section.
(D) As used in this section:
(1) "Victim's representative" has the same meaning as in
section 2930.01
of the Revised Code;
(2) "Victim advocate" has the same meaning as in
section
2919.26 of the Revised Code.
Sec. 109.511. (A) As used in this section,
"felony" means
any of the following:
(1) An offense committed in this state that is a felony
under the law of
this state;
(2) An offense committed in a state other than this state,
or under the
law of the United States, that, if committed in this
state,
would be a felony under the law of this state.
(B) The superintendent of the bureau of
criminal
identification and investigation shall not appoint or
employ any
person as an investigator or a special agent on a
permanent basis,
on a temporary basis, for a probationary term,
or on other than a
permanent basis if the person previously has
been convicted of or
has pleaded guilty to a felony.
(C)(1) The superintendent shall terminate the
employment of
an investigator or a special agent who does either of the
following:
(a) Pleads guilty to a felony;
(b) Pleads guilty to a misdemeanor pursuant to
a negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the Revised Code in which
the investigator or special
agent agrees to surrender the certificate awarded
to the
investigator or special agent under section 109.77 of the
Revised
Code.
(2) The superintendent shall suspend from employment
an
investigator or a special agent who is convicted, after trial,
of
a felony. If the investigator or special agent
files an appeal
from that conviction and the conviction is upheld by the
highest
court to which the
appeal is taken or if the investigator or
special agent does not
file a timely appeal, the superintendent
shall terminate the
employment of that investigator or special
agent. If the
investigator or special agent files an appeal that
results in
that investigator's or special agent's acquittal of the
felony or conviction
of a misdemeanor, or in the dismissal of
the
felony charge against the investigator or special agent, the
superintendent
shall reinstate that investigator or special agent.
An
investigator or a special agent who is reinstated under this
division shall not receive any back pay unless that investigator's
or special
agent's conviction of
the felony was reversed on
appeal, or the
felony charge was dismissed, because the court
found insufficient evidence to convict the investigator or
special
agent of the felony.
(D) This section does not apply regarding an
offense that
was committed prior to January 1, 1997.
(E) The suspension from employment or the termination of the
employment of an investigator or a special agent under division
(C)
of this section shall be in accordance with Chapter 119. of
the Revised Code.
Sec. 109.77. (A) As used in this section, "felony" has the
same meaning
as in section 109.511 of the Revised Code.
(B)(1) Notwithstanding any general, special,
or local law or
charter to the contrary, and except as otherwise
provided in this
section, no person shall receive an original
appointment on a
permanent basis as any of the following unless
the person
previously has been awarded a certificate by the
executive
director of the Ohio peace officer training commission
attesting
to the person's satisfactory completion of an approved
state,
county, municipal, or department of natural resources
peace
officer basic training program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing
authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or
state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or
1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code;
(e) A state university law enforcement officer;
(f) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(g) An enforcement agent of the
department of public
safety
whom the director of public safety designates
under section
5502.14 of the Revised Code;
(h) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code.
(2) Every person who is appointed on a temporary basis or
for a probationary term or on other than a permanent basis as any
of the following shall forfeit the appointed position unless
the
person previously has completed
satisfactorily or, within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.74 of the Revised Code, satisfactorily completes a
state, county, municipal, or department of natural resources
peace
officer basic training program for temporary or
probationary
officers and is awarded a certificate by the
director attesting to
the satisfactory completion of the program:
(a) A peace officer of any county, township, municipal
corporation, regional transit authority, or metropolitan housing
authority;
(b) A natural resources law enforcement staff officer, park
officer, forest officer, preserve officer,
wildlife officer, or
state watercraft officer of the department
of natural resources;
(c) An employee of a park district under section 511.232
or
1545.13 of the Revised Code;
(d) An employee of a conservancy district who is
designated
pursuant to section 6101.75 of the Revised Code;
(e) A special police officer employed by the department of
mental health pursuant to section 5119.14 of the Revised Code or
the department of mental retardation and developmental
disabilities pursuant to section 5123.13 of the Revised Code;
(f) An enforcement agent of the
department of public
safety
whom the director of public safety designates
under section
5502.14 of the Revised Code;
(g) A special police officer employed by a port authority
under
section 4582.04 or 4582.28 of the Revised Code.
(3) For purposes of division (B) of this section, a state,
county, municipal, or department of natural resources peace
officer basic training program, regardless of whether the program
is to be completed by peace officers appointed on a permanent or
temporary, probationary, or other nonpermanent basis, shall
include at least fifteen hours of training in the handling of the
offense of domestic violence, other types of domestic
violence-related offenses and incidents, and protection orders
and
consent agreements issued or approved under section 2919.26
or
3113.31 of the Revised Code and at least six hours of crisis
intervention training. The requirement to complete fifteen hours
of training in the handling of the offense of domestic violence,
other types of domestic violence-related offenses and incidents,
and protection orders and consent agreements issued or approved
under section 2919.26 or 3113.31 of the Revised Code does not
apply to any person serving as a peace officer on March 27, 1979,
and the requirement to complete six hours of training in crisis
intervention does not apply to any person serving as a peace
officer on April 4, 1985. Any person who is serving as a peace
officer on April 4, 1985, who terminates that employment after
that date, and who subsequently is hired as a peace officer by
the
same or another law enforcement agency shall complete the six
hours of training in crisis intervention within the time
prescribed by rules adopted by the attorney general pursuant to
section 109.742 of the Revised Code. No peace officer shall have
employment as a peace officer terminated and then be reinstated
with intent to
circumvent this section.
(4) Division (B) of this section does not apply to any
person serving on a permanent basis on March 28, 1985, as a park
officer, forest officer, preserve officer, wildlife officer, or
state watercraft officer of the department of natural resources
or
as an employee of a park district under section 511.232 or
1545.13
of the Revised Code, to any person serving on a permanent
basis on
March 6, 1986, as an employee of a conservancy district
designated
pursuant to section 6101.75 of the Revised Code, to
any person
serving on a permanent basis on January 10, 1991, as a
preserve
officer of the department of natural resources, to
any person
employed on a permanent basis on July 2, 1992, as a
special police
officer by the
department of mental health pursuant to section
5119.14 of the
Revised Code or by the department of mental
retardation and
developmental disabilities pursuant to section
5123.13 of the
Revised Code, to any person serving on a permanent
basis on
the effective
date of this amendment
May
17, 2000, as a
special
police officer employed by a port authority under section
4582.04 or 4582.28
of the Revised Code, to any person serving on a
permanent basis on
June 19, 1978, as a state university law
enforcement officer pursuant
to section 3345.04 of the Revised
Code and who, immediately prior to June 19,
1978, was serving as a
special police officer
designated under authority of that section,
or to any person serving
on a permanent basis on September 20,
1984, as a liquor control
investigator, known after June 30, 1999,
as an enforcement agent of
the department of public safety,
engaged in the enforcement of
Chapters 4301. and 4303. of the
Revised Code.
(5) Division (B) of this section does not apply to any
person who is appointed as a regional transit authority police
officer
pursuant to division (Y) of section 306.35 of the Revised
Code if, on or
before July 1, 1996, the person has completed
satisfactorily an approved
state, county, municipal, or department
of natural resources peace officer
basic training program and has
been awarded a certificate by the executive
director of the Ohio
peace officer training commission attesting to the
person's
satisfactory completion of such an approved program and if, on
July 1, 1996, the person is performing peace officer functions for
a
regional transit authority.
(C) No person, after September 20, 1984, shall receive an
original appointment on a permanent basis as an Ohio veterans'
home police
officer
designated under section
5907.02 of the
Revised
Code unless the person previously has been awarded a
certificate
by the executive director of the Ohio peace officer
training commission
attesting to the person's satisfactory
completion of an approved
police officer basic training program.
Every person who is appointed
on
a temporary basis or for a
probationary term or on other than a
permanent basis as an Ohio
veterans' home police officer
designated under section 5907.02 of
the Revised Code shall
forfeit that position unless the person
previously has
completed satisfactorily or, within one year from
the time of appointment,
satisfactorily completes an approved
police officer basic training
program.
(D) No bailiff or deputy bailiff of a court of record of
this state and no criminal investigator who is employed by the
state public defender shall carry a firearm, as defined in
section
2923.11 of the Revised Code, while on duty unless the
bailiff,
deputy bailiff, or criminal investigator has
done or received one
of the following:
(1) Has been awarded a certificate by the executive director
of the Ohio
peace officer training commission, which certificate
attests to
satisfactory completion of an approved state, county,
or
municipal basic training program for bailiffs and deputy
bailiffs
of courts of record and for criminal investigators
employed by
the state public defender that has been recommended by
the Ohio
peace officer training commission;
(2) Has successfully completed
a firearms training program
approved by the Ohio peace officer training
commission prior to
employment as a bailiff, deputy
bailiff, or criminal investigator;
(3) Prior to June 6, 1986,
was authorized to carry a firearm
by the court that
employed the bailiff or deputy bailiff or, in
the case of a criminal
investigator, by the state public defender
and has received
training in the use of firearms that the Ohio
peace officer training
commission determines is equivalent to the
training that
otherwise is required by division (D) of this
section.
(E)(1) Prior to awarding any
certificate prescribed in this
section, the executive director of
the Ohio peace officer training
commission shall request the
person to whom the certificate is to
be awarded to disclose, and
the person shall disclose, any
previous criminal conviction of or
plea of guilty of that person
to a felony.
(2) Prior to the
award by the executive director of the
commission of any
certificate prescribed in this section, the
prospective employer of the person
to whom the certificate is to
be awarded or the commander of the peace officer
training school
attended by that person shall request the bureau of criminal
identification and
investigation to conduct a criminal history
records check on the person. Upon
receipt of the request, the
bureau promptly shall conduct a criminal history
records check on
the person and, upon completion of the check, promptly shall
provide a copy of the criminal history records check to the
prospective
employer or peace officer training school commander
that made the request.
Upon receipt of the copy of the
criminal
history records check from the bureau, the prospective employer or
peace officer training school commander that made the request
shall submit the
copy to the executive director of
the Ohio peace
officer training commission. The
executive director shall not
award any certificate prescribed in this section
unless the
executive director has received a copy of the criminal history
records check on the person to whom the certificate is to be
awarded.
(3) The executive director of the commission shall not award
a certificate
prescribed in this section to a person who has been
convicted of or has
pleaded guilty to a felony or who fails to
disclose any
previous criminal conviction of or plea of guilty to
a
felony as required under division (E)(1) of this section.
(4) The executive director of the commission shall revoke
the certificate
awarded to a person as prescribed in this section,
and that
person shall forfeit all of the benefits derived from
being
certified as a peace officer under this section, if the
person,
prior to the award of the certificate, failed to disclose
any
previous criminal conviction of or plea of guilty to a
felony
as required under division (E)(1)
of this section.
(F)(1) Regardless of whether the person has been awarded the
certificate or has been classified as a peace officer prior to,
on, or after
October 16,
1996,
the
executive director of the
Ohio
peace officer training commission shall revoke any
certificate
that has been awarded to a person as prescribed in
this section if
the person does either of the following:
(a) Pleads guilty to a felony committed on or after
January
1, 1997.
(b) Pleads guilty to a misdemeanor
committed on or after
January 1, 1997, pursuant to a negotiated plea
agreement as
provided in
division (D) of section
2929.29
2929.43 of the Revised
Code
in
which the person agrees
to surrender the certificate
awarded to
the person under this
section.
(2) The executive director of the commission shall suspend
any
certificate that has been awarded to a person as prescribed in
this section if the person is convicted, after trial, of a
felony
committed on or after January 1,
1997. The executive director
shall suspend the certificate
pursuant to division (F)(2) of this
section
pending the outcome of an appeal by the
person from that
conviction to the
highest court to which the appeal is taken or
until the
expiration of the period in which an appeal is required
to be
filed. If the person files an appeal that results in that
person's
acquittal of the felony or conviction of a misdemeanor,
or in the dismissal of
the felony charge against that person, the
executive
director shall reinstate the certificate awarded to the
person
under this section. If the person files an appeal from
that person's
conviction of the felony and the conviction is
upheld by the highest court to which the appeal is taken or if
the
person does not file a timely appeal, the executive director
shall
revoke the certificate awarded to the person under this
section.
(G)(1) If a person is awarded a certificate under
this
section and the certificate is revoked pursuant to division
(E)(4)
or
(F) of this section, the person shall not be eligible to
receive, at
any time, a certificate attesting to the person's
satisfactory completion of a
peace officer basic training program.
(2) The revocation or suspension of a certificate under
division
(E)(4) or (F) of this section shall be in accordance with
Chapter 119. of the Revised Code.
(H)(1) A person who was employed as a peace officer of a
county, township, or municipal corporation of the state on
January
1, 1966, and who has completed at least sixteen years of
full-time
active service as such a peace officer may receive an
original
appointment on a permanent basis and serve as a peace
officer of a
county, township, or municipal corporation, or as a
state
university law enforcement officer, without complying with
the
requirements of division (B) of this section.
(2) Any person who held an appointment as a state highway
trooper on January 1, 1966, may receive an original appointment
on
a permanent basis and serve as a peace officer of a county,
township, or municipal corporation, or as a state university law
enforcement officer, without complying with the requirements of
division (B) of this section.
(I) No person who is appointed as a peace officer of a
county, township, or municipal corporation on or after April 9,
1985, shall serve as a peace officer of that county, township, or
municipal corporation unless the person has received training in
the
handling of missing children and child abuse and neglect cases
from an approved state, county, township, or municipal police
officer basic training program or receives the training within the
time
prescribed by rules adopted by the attorney general pursuant
to
section 109.741 of the Revised Code.
(J) No part of any approved state, county, or municipal
basic training program for bailiffs and deputy bailiffs of courts
of record and no part of any approved state, county, or municipal
basic training program for criminal investigators employed by the
state public defender shall be used as credit toward the
completion by a peace officer of any part of the approved state,
county, or municipal peace officer basic training program that
the
peace officer is required by this section to complete
satisfactorily.
(K) This section does not apply to any member of the
police
department of a municipal corporation in an adjoining
state
serving in this state under a contract pursuant to section
737.04
of the Revised Code.
Sec. 120.06. (A)(1) The state public defender, when
designated by the court or requested by a county public defender
or joint county public defender, may provide legal representation
in all courts throughout the state to indigent adults and
juveniles who are charged with the commission of an offense or
act
for which the penalty or any possible adjudication includes
the
potential loss of liberty.
(2) The state public defender may provide legal
representation to any indigent person who, while incarcerated in
any state correctional institution, is charged with a felony
offense,
for which the penalty or any possible adjudication that
may be
imposed by a court upon conviction includes the potential
loss of
liberty.
(3) The state public defender may provide legal
representation to any person incarcerated in any correctional
institution of the state, in any matter in which the person
asserts the person is unlawfully imprisoned or detained.
(4) The state public defender, in any case in which the
state
public defender has provided legal representation or is
requested to do so by
a county public defender or joint county
public defender, may
provide legal representation on appeal.
(5) The state public defender, when designated by the
court
or requested by a county public defender, joint county
public
defender, or the director of rehabilitation and
correction, shall
provide legal representation in parole and
probation revocation
matters
or matters relating to the revocation of community control
or post-release control under a community control sanction or
post-release control sanction, unless the state public defender
finds that the alleged
parole or probation violator
or alleged
violator of a community control sanction or post-release control
sanction has the
financial capacity to retain
the alleged
violator's own
counsel.
(6) If the state public defender contracts with a county
public defender commission, a joint county public defender
commission, or a board of county commissioners for the provision
of services, under authority of division (C)(7) of section 120.04
of the Revised Code, the state public defender shall provide
legal
representation in accordance with the contract.
(B) The state public defender shall not be required to
prosecute any appeal, postconviction remedy, or other proceeding
pursuant to division (A)(3), (4), or (5) of this section, unless
the state public defender first is satisfied that there is
arguable merit to the proceeding.
(C) A court may appoint counsel or allow an indigent
person
to select the indigent's own personal counsel to assist the state
public defender as co-counsel when the interests of justice so
require. When co-counsel is appointed to assist the state public
defender, the co-counsel shall receive any compensation that the
court may approve, not to exceed the amounts provided for in
section 2941.51 of the Revised Code.
(D) When the state public defender is designated by the
court or requested by a county public defender or joint county
public defender to provide legal representation for an indigent
person in any case, other than pursuant to a contract entered
into
under authority of division (C)(7) of section 120.04 of the
Revised Code, the state public defender shall send to the county
in which the case is filed an itemized bill for fifty per cent of
the actual cost of the representation. The county, upon receipt
of an itemized bill from the state public defender pursuant to
this division, shall pay fifty per cent of the actual cost of the
legal representation as set forth in the itemized bill. There is
hereby created in the state treasury the county representation
fund for the deposit of moneys received from counties under this
division. All moneys credited to the fund shall be used by the
state public defender to provide legal representation for
indigent
persons when designated by the court or requested by a
county or
joint county public defender.
(E)(1) Notwithstanding any contrary provision of sections
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised
Code
that pertains to representation by the attorney general, an
assistant attorney general, or special counsel of an officer or
employee, as defined in section 109.36 of the Revised Code, or of
an entity of state government, the state public defender may
elect
to contract with, and to have the state pay pursuant to
division
(E)(2) of this section for the services of, private
legal counsel
to represent the Ohio public defender commission,
the state public
defender, assistant state public defenders,
other employees of the
commission or the state public defender,
and attorneys described
in division (C) of section 120.41 of the
Revised Code in a
malpractice or other civil action or proceeding
that arises from
alleged actions or omissions related to
responsibilities derived
pursuant to this chapter, or in a civil
action that is based upon
alleged violations of the constitution
or statutes of the United
States, including section 1983 of Title
42 of the United States
Code, 93 Stat. 1284 (1979), 42 U.S.C.A.
1983, as amended, and that
arises from alleged actions or
omissions related to
responsibilities derived pursuant to this
chapter, if the state
public defender determines, in good faith,
that the defendant in
the civil action or proceeding did not act
manifestly outside the
scope of the defendant's employment or official
responsibilities,
with malicious purpose, in bad faith, or in a
wanton or reckless
manner. If the state public defender elects
not to contract
pursuant to this division for private legal
counsel in a civil
action or proceeding, then, in accordance with
sections 109.02,
109.07, 109.361 to 109.366, and 120.03 of the
Revised Code, the
attorney general shall represent or provide for
the representation
of the Ohio public defender commission, the
state public defender,
assistant state public defenders, other
employees of the
commission or the state public defender, or
attorneys described in
division (C) of section 120.41 of the
Revised Code in the civil
action or proceeding.
(2)(a) Subject to division (E)(2)(b) of this section,
payment from the state treasury for the services of private legal
counsel with whom the state public defender has contracted
pursuant to division (E)(1) of this section shall be accomplished
only through the following procedure:
(i) The private legal counsel shall file with the attorney
general a copy of the contract; a request for an award of legal
fees, court costs, and expenses earned or incurred in connection
with the defense of the Ohio public defender commission, the
state
public defender, an assistant state public defender, an
employee,
or an attorney in a specified civil action or
proceeding; a
written itemization of those fees, costs, and
expenses, including
the signature of the state public defender
and the state public
defender's attestation that the fees,
costs, and expenses were
earned or incurred pursuant to division (E)(1) of this section to
the best of the state public defender's knowledge and
information;
a written statement
whether the fees, costs, and expenses are for
all legal services
to be rendered in connection with that defense,
are only for
legal services rendered to the date of the request
and additional
legal services likely will have to be provided in
connection with
that defense, or are for the final legal services
rendered in
connection with that defense; a written statement
indicating
whether the private legal counsel previously submitted
a request
for an award under division (E)(2) of this section in
connection
with that defense and, if so, the date and the amount
of each
award granted; and, if the fees, costs, and expenses are
for all
legal services to be rendered in connection with that
defense or
are for the final legal services rendered in connection
with that
defense, a certified copy of any judgment entry in the
civil
action or proceeding or a signed copy of any settlement
agreement
entered into between the parties to the civil action or
proceeding.
(ii) Upon receipt of a request for an award of legal fees,
court costs, and expenses and the requisite supportive
documentation described in division (E)(2)(a)(i) of this section,
the attorney general shall review the request and documentation;
determine whether any of the limitations specified in division
(E)(2)(b) of this section apply to the request; and, if an award
of legal fees, court costs, or expenses is permissible after
applying the limitations, prepare a document awarding legal fees,
court costs, or expenses to the private legal counsel. The
document shall name the private legal counsel as the recipient of
the award; specify the total amount of the award as determined by
the attorney general; itemize the portions of the award that
represent legal fees, court costs, and expenses; specify any
limitation applied pursuant to division (E)(2)(b) of this section
to reduce the amount of the award sought by the private legal
counsel; state that the award is payable from the state treasury
pursuant to division (E)(2)(a)(iii) of this section; and be
approved by the inclusion of the signatures of the attorney
general, the state public defender, and the private legal
counsel.
(iii) The attorney general shall forward a copy of the
document prepared pursuant to division (E)(2)(a)(ii) of this
section to the director of budget and management. The award of
legal fees,
court costs, or expenses shall be paid out of the
state public defender's
appropriations, to the extent there is a
sufficient available balance in those
appropriations. If the
state public defender does not have a sufficient
available balance
in the state public defender's appropriations to pay the
entire
award of legal fees, court costs, or expenses, the director
shall
make application for a transfer of appropriations
out of the
emergency purposes
account or any other appropriation for
emergencies or
contingencies in an amount equal to the portion of
the
award that exceeds the sufficient available balance in the
state public
defender's appropriations. A transfer of
appropriations out of
the emergency
purposes account or any other
appropriation for emergencies or contingencies shall be
authorized
if there are sufficient moneys greater than the sum
total of then
pending emergency purposes account requests, or
requests for
releases from the other appropriation. If
a transfer of
appropriations out of
the emergency purposes account or
other
appropriation for emergencies or contingencies is made to pay
an
amount equal to the portion of the
award that exceeds the
sufficient available balance in the state public
defender's
appropriations, the director shall cause the payment
to
be made
to
the private legal counsel. If sufficient moneys do not exist
in
the emergency purposes account or other appropriation for
emergencies or contingencies to pay an amount equal to the portion
of
the award that exceeds the sufficient available balance in the
state public
defender's appropriations, the private legal
counsel
shall request the general assembly to make an
appropriation
sufficient to pay an amount equal to the portion of the
award that
exceeds the sufficient available balance in the state public
defender's appropriations, and no payment in that amount shall
be
made until the appropriation has been made. The private legal
counsel shall make the request during the current biennium and
during each succeeding biennium until a sufficient appropriation
is made.
(b) An award of legal fees, court costs, and expenses
pursuant to division (E) of this section is subject to the
following limitations:
(i) The maximum award or maximum aggregate of a series of
awards of legal fees, court costs, and expenses to the private
legal counsel in connection with the defense of the Ohio public
defender commission, the state public defender, an assistant
state
public defender, an employee, or an attorney in a specified
civil
action or proceeding shall not exceed fifty thousand
dollars.
(ii) The private legal counsel shall not be awarded legal
fees, court costs, or expenses to the extent the fees, costs, or
expenses are covered by a policy of malpractice or other
insurance.
(iii) The private legal counsel shall be awarded legal
fees
and expenses only to the extent that the fees and expenses
are
reasonable in light of the legal services rendered by the
private
legal counsel in connection with the defense of the Ohio
public
defender commission, the state public defender, an
assistant state
public defender, an employee, or an attorney in a
specified civil
action or proceeding.
(c) If, pursuant to division (E)(2)(a) of this section,
the
attorney general denies a request for an award of legal fees,
court costs, or expenses to private legal counsel because of the
application of a limitation specified in division (E)(2)(b) of
this section, the attorney general shall notify the private
legal
counsel in writing of the denial and of the limitation applied.
(d) If, pursuant to division (E)(2)(c) of this section, a
private legal counsel receives a denial of an award notification
or if a private legal counsel refuses to approve a document under
division (E)(2)(a)(ii) of this section because of the proposed
application of a limitation specified in division (E)(2)(b) of
this section, the private legal counsel may commence a civil
action against the attorney general in the court of claims to
prove the private legal counsel's entitlement to the award
sought,
to prove that division
(E)(2)(b) of this section does not prohibit
or otherwise limit
the award sought, and to recover a judgment for
the amount of the
award sought. A civil action under division
(E)(2)(d) of this
section shall be commenced no later than two
years after receipt
of a denial of award notification or, if the
private legal
counsel refused to approve a document under division
(E)(2)(a)(ii) of this section because of the proposed application
of a limitation specified in division (E)(2)(b) of this section,
no later than two years after the refusal. Any judgment of the
court of claims in favor of the private legal counsel shall be
paid from the state treasury in accordance with division
(E)(2)(a)
of this section.
(F) If a court appoints the office of
the state public
defender to represent a petitioner in a
postconviction relief
proceeding under section 2953.21 of the
Revised Code, the
petitioner has
received a sentence of death, and the proceeding
relates to that
sentence, all of the attorneys who represent the
petitioner in
the proceeding pursuant to the appointment, whether
an assistant
state public defender, the state public defender, or
another
attorney, shall be certified under Rule
20 of the Rules
of
Superintendence for
the Courts
of Ohio to
represent indigent
defendants charged with or convicted of an
offense for
which the
death penalty can be or has been imposed.
(G) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 120.16. (A)(1) The county public defender shall
provide legal representation to indigent adults and juveniles who
are charged with the commission of an offense or act that is a
violation of a state statute and for which the penalty or any
possible adjudication includes the potential loss of liberty and
in postconviction proceedings as defined in this section.
(2) The county public defender may provide legal
representation to indigent adults and juveniles charged with the
violation of an ordinance of a municipal corporation for which
the
penalty or any possible adjudication includes the potential
loss
of liberty, if the county public defender commission has
contracted with the municipal corporation to provide legal
representation for indigent persons charged with a violation of
an
ordinance of the municipal corporation.
(B) The county public defender shall provide the legal
representation authorized by division (A) of this section at
every
stage of the proceedings following arrest, detention,
service of
summons, or indictment.
(C) The county public defender may request the state
public
defender to prosecute any appeal or other remedy before or
after
conviction that the county public defender decides is
in the
interests of justice,
and may provide legal representation in
parole and probation
revocation matters
and matters relating to
the revocation of community control or post-release control under
a community control sanction or post-release control sanction.
(D) The county public defender shall not be required to
prosecute any appeal, postconviction remedy, or other proceeding,
unless the county public defender is first satisfied there is
arguable merit to the proceeding.
(E) Nothing in this section shall prevent a court from
appointing counsel other than the county public defender or from
allowing an indigent person to select the indigent person's
own
personal counsel to represent the indigent person. A court may
also
appoint counsel or allow an indigent person to select the
indigent person's
own personal counsel to assist the county public
defender as co-counsel when
the interests of justice so require.
(F) Information as to the right to legal representation by
the county public defender or assigned counsel shall be afforded
to an accused person immediately upon arrest, when brought before
a magistrate, or when formally charged, whichever occurs first.
(G) If a court appoints the office of
the county public
defender to represent a petitioner in a
postconviction relief
proceeding under section 2953.21 of the
Revised Code, the
petitioner has
received a sentence of death, and the proceeding
relates to that
sentence, all of the attorneys who represent the
petitioner in
the proceeding pursuant to the appointment, whether
an assistant
county public defender or the county public defender,
shall be
certified under Rule
20 of the Rules of
Superintendence
for
the Courts
of Ohio to represent
indigent
defendants charged
with or convicted of an offense for
which the
death penalty can be
or has been imposed.
(H) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 120.26. (A)(1) The joint county public defender
shall
provide legal representation to indigent adults and
juveniles who
are charged with the commission of an offense or
act that is a
violation of a state statute and for which the
penalty or any
possible adjudication includes the potential loss
of liberty and
in postconviction proceedings as defined in this
section.
(2) The joint county public defender may provide legal
representation to indigent adults and juveniles charged with the
violation of an ordinance of a municipal corporation for which
the
penalty or any possible adjudication includes the potential
loss
of liberty, if the joint county public defender commission
has
contracted with the municipal corporation to provide legal
representation for indigent persons charged with a violation of
an
ordinance of the municipal corporation.
(B) The joint county public defender shall provide the
legal
representation authorized by division (A) of this section
at every
stage of the proceedings following arrest, detention,
service of
summons, or indictment.
(C) The joint county public defender may request the Ohio
public defender to prosecute any appeal or other remedy before or
after conviction that the joint county public defender
decides is
in the interests of justice and may provide legal representation
in
parole and probation revocation matters
and matters relating to
the revocation of community control or post-release control under
a community control sanction or post-release control sanction.
(D) The joint county public defender shall not be required
to prosecute any appeal, postconviction remedy, or other
proceeding, unless the joint county public defender is first
satisfied that there is arguable merit to the proceeding.
(E) Nothing in this section shall prevent a court from
appointing counsel other than the joint county public defender or
from allowing an indigent person to select the indigent
person's
own personal counsel to represent the indigent person. A court
may
also appoint counsel or allow an indigent person to select the
indigent
person's own personal counsel to assist the joint county
public defender as
co-counsel when the interests of justice so
require.
(F) Information as to the right to legal representation by
the joint county public defender or assigned counsel shall be
afforded to an accused person immediately upon arrest, when
brought before a magistrate, or when formally charged, whichever
occurs first.
(G) If a court appoints the office of
the joint county
public defender to represent a petitioner in a
postconviction
relief proceeding under section 2953.21 of the
Revised Code, the
petitioner has
received a sentence of death, and the proceeding
relates to that
sentence, all of the attorneys who represent the
petitioner in
the proceeding pursuant to the appointment, whether
an assistant
joint county defender or the joint county public
defender, shall
be certified under Rule
20 of the Rules of
Superintendence for
the Courts
of Ohio to represent
indigent
defendants charged with or convicted of an
offense for
which the
death penalty can be or has been imposed.
(H) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 149.43. (A) As used in this section:
(1) "Public record" means
records kept by
any
public
office, including, but not limited to, state, county,
city,
village, township, and school district units,
and records
pertaining to the delivery of educational
services by an
alternative
school in Ohio kept by a nonprofit or
for profit
entity operating such
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following:
(b) Records pertaining to probation and parole proceedings
or to proceedings related to the imposition of community control
sanctions and post-release control sanctions;
(c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections;
(d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code;
(e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency;
(f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code;
(g) Trial preparation records;
(h) Confidential law enforcement investigatory records;
(i) Records containing information that is confidential
under
section 2317.023 or 4112.05 of the Revised Code;
(j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code;
(k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code;
(l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code;
(m) Intellectual property records;
(n) Donor profile records;
(o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code;
(p) Peace officer residential and familial information;
(q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code;
(r) Information pertaining to the recreational activities of
a person under
the age of eighteen;
(s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code;
(t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section;
(u) Test materials, examinations, or evaluation tools used
in an
examination for licensure as a nursing home administrator
that the board of
examiners of nursing home administrators
administers under section 4751.04 of
the Revised Code or contracts
under that section with a
private or government entity to
administer;
(v) Records the release of which is prohibited by state or
federal law.
(2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following:
(a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised;
(b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity;
(c) Specific confidential investigatory techniques or
procedures or specific investigatory work product;
(d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source.
(3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment.
(4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney.
(5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented.
(6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation.
(7) "Peace officer residential and familial information"
means
either of the following:
(a) Any information maintained in a personnel record of a
peace officer that
discloses any of the following:
(i) The address of the actual personal residence of a peace
officer, except for the state or political subdivision in which
the peace
officer resides;
(ii) Information compiled from referral to or participation
in an
employee assistance program;
(iii) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer;
(iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer by
the peace officer's employer;
(v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's employer from the
peace
officer's compensation unless the amount of the deduction is
required by state
or federal law;
(vi) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer.
(b) Any record that identifies a person's occupation as a
peace
officer other than statements required to include the
disclosure of that fact
under the campaign
finance law.
As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff.
(8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following:
(a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person;
(b) The social security number, birth date, or photographic
image
of a person under the age of eighteen;
(c) Any medical record, history, or information pertaining
to a
person under the age of eighteen;
(d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office.
(9) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(10) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
(B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or person
responsible for public records
shall make copies available at
cost, within a reasonable period of
time. In order to facilitate
broader access to public records,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division.
(2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy.
(3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing.
Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division.
In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research.
(4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person.
(5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer shall disclose
to the
journalist the address of the actual personal residence of the
peace
officer and, if the peace officer's spouse, former spouse,
or
child is employed by a public office, the name and address of
the
employer of the peace officer's spouse, former spouse, or
child.
The request shall include the journalist's name and title
and the
name and address of the journalist's employer and shall
state
that disclosure of the information sought would be in the
public
interest.
As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public.
(C) If a person allegedly is aggrieved by the failure of a
public office to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a public
office or the
person
responsible for the public record to make a
copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section and that
awards
reasonable attorney's fees to the person that instituted
the
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution.
(D) Chapter 1347. of the Revised Code does not limit the
provisions of this section.
(E)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law.
(2) As used in divisions (B)(3) and (E)(1) of this section:
(a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services.
(b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes.
(c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product.
(d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services.
(3) For purposes of divisions (E)(1)
and (2) of this
section, "commercial surveys, marketing, solicitation, or
resale"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
Sec. 306.352. (A) As
used in this section,
"felony" has the
same meaning as in section 109.511
of the Revised Code.
(B)(1) In the exercise
of its authority under division
(Y)
of section 306.35 of the
Revised
Code, a regional transit
authority shall not employ a person as a regional transit
authority police officer on a permanent basis, on a temporary
basis, for a probationary term, or on other than a permanent
basis
if the person previously has been convicted of or has
pleaded
guilty to a felony.
(2)(a) The transit authority shall terminate the
employment
of a person as a regional transit authority police
officer if the
person does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the police
officer agrees to
surrender the certificate awarded to that
police officer under
section 109.77 of the
Revised Code.
(b) The transit authority shall suspend from
employment a
person designated as a regional transit authority
police officer
if that person is convicted, after trial, of a
felony. If the
police officer files an appeal from that
conviction and the
conviction is upheld by the highest court to
which the appeal is
taken or if the police officer does not file
a timely appeal, the
transit authority shall terminate the
employment of that police
officer. If the police officer files
an appeal that results in
the police officer's acquittal of the
felony or conviction of a
misdemeanor, or in the dismissal of
the felony charge against the
police officer, the transit
authority shall reinstate that police
officer. A police officer
who is reinstated under division
(B)(2)(b)
of this section shall not receive any back pay unless
that
officer's conviction of the felony was reversed on appeal, or
the felony charge was dismissed, because the court found
insufficient evidence to convict the police officer of the
felony.
(3) Division (B) of this
section does not apply regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment, of a regional transit authority police officer
under division (B)(2) of this
section shall be in accordance with
Chapter 119. of the
Revised
Code.
Sec. 307.93. (A) The boards of county commissioners of
two
or more adjacent counties may contract for the joint
establishment
of a multicounty correctional center, and the board
of county
commissioners of a county or the boards of two or more
counties
may contract with any municipal corporation or municipal
corporations located in that county or those counties for the
joint establishment of a municipal-county or
multicounty-municipal
correctional center. The center shall
augment county and, where
applicable, municipal jail programs and
facilities by providing
custody and rehabilitative programs for
those persons under the
charge of the sheriff of any of the
contracting counties or of the
officer or officers of the
contracting municipal corporation or
municipal corporations
having charge of persons incarcerated in
the municipal jail,
workhouse, or other correctional facility who,
in the opinion of
the sentencing court, need programs of custody
and rehabilitation
not available at the county or municipal jail
and by providing
custody and rehabilitative programs in accordance
with division
(C) of this section, if applicable. The contract
may include,
but need not be limited to, provisions regarding the
acquisition,
construction, maintenance, repair, termination of
operations, and
administration of the center. The contract shall
prescribe the
manner of funding of, and debt assumption for, the
center and the
standards and procedures to be followed in the
operation of the
center. Except as provided in division
(H) of
this section, the contracting counties and
municipal corporations
shall form a corrections commission to oversee the administration
of the center. Members of the commission shall consist of the
sheriff of each participating county, the president of the board
of county commissioners of each participating county, the
presiding judge of the court of common pleas of each
participating
county, or, if the court of common pleas of a
participating county
has only one judge, then that judge, the
chief of police of each
participating municipal corporation, the
mayor or city manager of
each participating municipal
corporation, and the presiding judge
or the sole judge of the
municipal court of each participating
municipal corporation. Any
of the foregoing officers may appoint
a designee to serve in the officer's
place on the corrections
commission. The standards and
procedures shall be formulated and
agreed to by the commission
and may be amended at any time during
the life of the contract by
agreement of the parties to the
contract upon the advice of the
commission. The standards and
procedures formulated by the
commission shall include, but need
not be limited to, designation
of the person in charge of the
center, the categories of
employees to be employed at the center,
the appointing authority
of the center, and the standards of
treatment and security to be
maintained at the center. The person
in charge of, and all
persons employed to work at, the center
shall have all the powers
of police officers that are necessary
for the proper
performance of the duties relating to their
positions at the center.
(B) Each board of county commissioners that enters a
contract under division (A) of this section may appoint a
building
commission pursuant to section 153.21 of the Revised
Code. If any
commissions are appointed, they shall function
jointly in the
construction of a multicounty or
multicounty-municipal
correctional center with all the powers and
duties authorized by
law.
(C) Prior to the acceptance for custody and rehabilitation
into
a center established under this section of any persons who
are designated by
the department of rehabilitation and correction,
who plead guilty to or are
convicted of a felony of the fourth or
fifth degree, and who satisfy the other
requirements listed in
section 5120.161 of the Revised Code, the corrections
commission
of a center established
under this section shall enter into an
agreement with the
department of rehabilitation and correction
under section
5120.161 of the Revised Code for the custody and
rehabilitation
in the center of persons who are designated by the
department,
who plead guilty to or are convicted of a felony of
the fourth or fifth
degree, and who satisfy the other requirements
listed in that section, in
exchange for a per diem fee per person.
Persons incarcerated in
the center pursuant to an agreement
entered into under this
division shall be subject to
supervision
and control in the manner described in section
5120.161 of the
Revised Code. This division does not affect the authority
of a
court to directly sentence a person who is convicted of or pleads
guilty
to a felony to the center in accordance with section
2929.16 of the Revised
Code.
(D)
Pursuant to section 2929.37 of the Revised Code,
each
board of county commissioners and the legislative
authority
of
each municipal corporation that enters into a
contract under
division (A) of this section may require a person
who was
convicted of an offense,
who is under the charge of the sheriff of
their county or of the
officer or officers of the contracting
municipal corporation or
municipal corporations having charge of
persons incarcerated in
the municipal jail, workhouse, or other
correctional facility,
and who is confined in the multicounty,
municipal-county,
or multicounty-municipal correctional center as
provided in that division, to
reimburse
the applicable county or
municipal corporation for its expenses
incurred by reason of the
person's confinement in the center.
(E) Notwithstanding any contrary provision in this
section
or
section 2929.18,
2929.21, 2929.36
2929.28, or
2929.37 of
the
Revised
Code, the corrections commission of
a
center may
establish
a
policy
that complies with section 2929.38
of the Revised Code
and
that requires any person who is not
indigent
and who is
confined
in the multicounty, municipal-county,
or
multicounty-municipal
correctional center to pay a
reception fee,
a fee
for
medical
treatment or service
requested by and provided
to
that
person, or
the fee for a
random drug test assessed
under
division (E) of
section 341.26 of
the Revised Code.
(F)(1) The corrections commission of a center
established
under this section may establish a commissary for the
center. The
commissary may be established either in-house or by
another
arrangement. If a commissary is established, all persons
incarcerated in the center shall receive commissary
privileges. A
person's purchases from the commissary shall be
deducted from the
person's account record in the center's
business office. The
commissary shall provide for the
distribution to indigent persons
incarcerated in the center of
necessary hygiene articles and
writing materials.
(2) If a commissary is established, the corrections
commission of a center established under this section shall
establish a commissary fund for the center. The management of
funds in the commissary fund shall be strictly controlled in
accordance with procedures adopted by the auditor of state.
Commissary fund revenue over and above operating costs and
reserve
shall be considered profits. All profits from the
commissary fund
shall be used to purchase supplies and equipment
for the benefit
of persons incarcerated in the center. The
corrections commission
shall adopt rules and regulations for the
operation of any
commissary fund it establishes.
(G) In lieu of forming a corrections commission to
administer a
multicounty correctional center or a municipal-county
or
multicounty-municipal correctional center, the boards of county
commissioners
and the legislative authorities of the municipal
corporations contracting to
establish the center may also agree to
contract for the private operation and
management of the center as
provided in section 9.06 of the Revised Code, but
only if the
center houses only misdemeanant inmates. In order to enter into a
contract under section 9.06 of the Revised Code, all the boards
and
legislative authorities establishing the center shall approve
and be
parties to the contract.
(H) If a person who is convicted of or pleads guilty to
an
offense is
sentenced to a term in a multicounty correctional
center or a municipal-county
or multicounty-municipal correctional
center or is incarcerated in the center
in the manner described in
division (C) of this section, or if a
person who is arrested for
an offense, and who has been denied bail or has had
bail set and
has not been released on bail is confined in a multicounty
correctional center or a municipal-county or multicounty-municipal
correctional
center pending trial, at the time of reception and at
other times the
officer, officers, or other person in charge of
the operation of the center
determines to be appropriate, the
officer, officers, or other person in charge
of the operation of
the center may cause the convicted or accused offender to
be
examined and tested for tuberculosis, HIV infection, hepatitis,
including but not limited to hepatitis A, B, and C, and other
contagious diseases. The officer, officers, or other person in
charge of the
operation of the center may cause a convicted or
accused offender in the
center who refuses to be tested or treated
for tuberculosis, HIV
infection, hepatitis, including but not
limited to hepatitis A, B, and C,
or another contagious disease to
be tested and treated
involuntarily.
(I) As used in this section, "multicounty-municipal"
means
more than one county and a municipal corporation, or more
than
one
municipal corporation and a county, or more than one
municipal
corporation and more than one county.
Sec. 311.04. (A) As used in this
section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) Subject to division (C) of this
section, the sheriff
may appoint, in writing, one or
more deputies. At the time of the
appointment, the
sheriff shall file the writing upon which the
appointment is made
with the clerk of the
court of common pleas,
and the clerk of the court shall
enter it upon the journal of the
court. The sheriff shall pay
the clerk's fees for the filing and
journal entry of the writing.
In cases of emergency, the sheriff
may request of the sheriff of
another county the aid of qualified
deputies serving in those
other counties of the state, and, if the
consent of the sheriff of
that other county is received, the
deputies while so assigned
shall be considered to be the deputies
of the sheriff of
the county requesting aid. No judge of a county
court or mayor shall be
appointed a deputy.
(2) Notwithstanding section 2335.33 of the Revised Code, the
sheriff shall retain the fee charged pursuant to division (B) of
section
311.37 of the Revised Code for the
purpose of training
deputies appointed pursuant to this section.
(C)(1) The sheriff shall not appoint a person
as a deputy
sheriff pursuant to division (B)(1) of this
section on a permanent
basis, on a temporary basis, for a
probationary term, or on other
than a permanent basis if the
person previously has been convicted
of or has pleaded guilty to
a felony.
(2)(a) The sheriff shall terminate the
employment of a
deputy sheriff appointed under division
(B)(1) of this section if
the deputy sheriff does either of the
following:
(i) Pleads
guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to
a negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the deputy
sheriff agrees to
surrender the certificate awarded to the
deputy sheriff under
section 109.77 of the
Revised Code.
(b) The sheriff shall suspend from employment
any deputy
sheriff appointed under division (B)(1) of
this section if the
deputy sheriff is convicted, after trial, of
a felony. If the
deputy sheriff files an appeal
from that conviction and the
conviction is upheld by the highest court to which the appeal is
taken or if the deputy sheriff does not file a timely appeal, the
sheriff shall terminate the employment of that deputy
sheriff. If
the deputy sheriff files an appeal that results in
that deputy
sheriff's acquittal of the felony or conviction of
a misdemeanor,
or in the dismissal of
the felony charge against the deputy
sheriff, the sheriff shall
reinstate that deputy sheriff. A
deputy sheriff who is
reinstated under division (C)(2)(b) of
this
section shall not receive any back pay unless that deputy
sheriff's
conviction
of the felony was reversed on appeal, or the
felony charge was dismissed, because the court
found insufficient
evidence to convict the deputy sheriff of the
felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a deputy sheriff under division (C)(2) of this
section shall be in
accordance with Chapter 119. of the Revised
Code.
Sec. 321.44. (A)(1) A county probation services fund
shall
be established in the county treasury of each county. The
fund a
county establishes under this division shall contain all
moneys
paid to the treasurer of the county under section 2951.021
of the
Revised Code for deposit into the fund. The moneys paid
into the
fund shall be deposited by the treasurer of the county
into the
appropriate account established under divisions
(A)(1)(a) to (d)
of this section. Separate accounts shall be
maintained in
accordance with the following criteria in the fund
a county
establishes under this division:
(a) If a county department of probation is established in
the county, a separate account shall be maintained in the fund
for
the county department of probation.
(b) If the judges of the court of common pleas of the
county
have affiliated with the judges of the court of common
pleas of
one or more other counties and have established a
multicounty
department of probation, a separate account shall be
maintained in
the fund for the multicounty department of
probation.
(c) If a department of probation is established in a
county-operated municipal court that has jurisdiction within the
county, a separate account shall be maintained in the fund for
the
municipal court department of probation.
(d) If a county department of probation has not been
established in the county and if the court of common pleas of the
county, pursuant to section 2301.32 of the Revised Code, has
entered into an agreement with the adult parole authority under
which the court may place defendants
on probation
under a
community
control sanction in charge of the authority, a separate
account shall be
maintained in the fund for the adult parole
authority.
(2) For any county, if a county department of probation is
established in the county or if a department of probation is
established in a county-operated municipal court that has
jurisdiction within the county, the board of county commissioners
of the county shall appropriate to the county department of
probation or municipal court department of probation all money
that is contained in the department's account in the county
probation services fund established in the county for use only
for
specialized staff, purchase of equipment, purchase of
services,
reconciliation programs for offenders and victims,
other treatment
programs, including alcohol and drug addiction
programs certified
under section 3793.06 of the Revised Code,
determined to be
appropriate by the chief probation officer of
the department of
probation, and other similar
probation-related
expenses
related to
placing offenders under a community control
sanction.
For any county, if the judges of the court of common pleas
of
the county have affiliated with the judges of the court of
common
pleas of one or more other counties and have established a
multicounty department of probation to serve the counties, the
board of county commissioners of the county shall appropriate and
the county treasurer shall transfer to the multicounty probation
services fund established for the multicounty department of
probation under division (B) of this section all money that is
contained in the multicounty department of probation account in
the county probation services fund established in the county for
use in accordance with that division.
For any county, if a county department of probation has not
been established in the county and if the court of common pleas
of
the county, pursuant to section 2301.32 of the Revised Code,
has
entered into an agreement with the adult parole authority
under
which the court may place defendants
on probation
under a
community control sanction in charge
of the authority, the board
of county commissioners of the county
shall appropriate and the
county treasurer shall transfer to the
adult parole authority
probation services fund established under
section 5149.06 of the
Revised Code all money that is contained
in the adult parole
authority account in the county probation
services fund
established in the county for use in accordance
with section
5149.06 of the Revised Code.
(B) If the judges of the courts of common pleas of two or
more counties have established a multicounty department of
probation, a multicounty probation services fund shall be
established in the county treasury of the county whose treasurer,
in accordance with section 2301.27 of the Revised Code, is
designated by the judges of the courts of common pleas as the
treasurer to whom monthly supervision fees are to be
appropriated
and transferred under division (A)(2) of this section for deposit
into the fund. The fund shall contain all moneys that are paid
to
the treasurer of any member county under section 2951.021 of
the
Revised Code for deposit into the county's probation services
fund
and that subsequently are appropriated and transferred to
the
multicounty probation services fund under division (A)(2) of
this
section. The board of county commissioners of the county in
which
the multicounty probation services fund is established
shall
appropriate the money contained in that fund to the
multicounty
department of probation, for use only for specialized
staff,
purchase of equipment, purchase of services,
reconciliation
programs for offenders and victims, other
treatment programs,
including alcohol and drug addiction programs
certified under
section 3793.06 of the Revised Code, determined
to be appropriate
by the chief probation officer, and for other
similar
probation-related expenses
related to placing offenders
under a
community control sanction.
(C) Any money in a county or multicounty probation
services
fund at the end of a fiscal year shall not revert to the
general
fund of the county but shall be retained in the fund.
(D) As used in this section:
(1)
"County-operated municipal court" has the same meaning
as
in section 1901.03 of the Revised Code.
(2)
"Multicounty department of probation" means a
probation
department established under section 2301.27 of the
Revised Code
to serve more than one county.
(3)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
Sec. 341.14. (A) The sheriff of an adjoining county shall
not receive prisoners as provided by section 341.12 of the
Revised
Code unless there is deposited weekly with
the sheriff an amount
equal to the actual cost of keeping and feeding each
prisoner so
committed for the use of the jail of that county, and the same
amount for a period of time less than one week. If a prisoner is
discharged before the expiration of the term for which the
prisoner was
committed, the excess of the amount advanced shall be
refunded.
(B)
Pursuant to section 2929.37 of the Revised Code,
the
board of county commissioners of the county that
receives
pursuant
to section 341.12 of the Revised Code for
confinement in
its jail,
a prisoner who was convicted of an
offense, may require
the
prisoner
to reimburse the county for its expenses incurred by
reason of
the prisoner's confinement.
(C)
Notwithstanding any contrary
provision in this section
or section 2929.18,
2929.21, 2929.36
2929.28, or
2929.37 of the
Revised
Code, the board of county commissioners may
establish a
policy
that complies with section 2929.38 of the
Revised Code and
that
requires any prisoner who is not indigent
and who is confined
in
the county's jail under this section to pay
a
reception fee, a
fee
for medical treatment or service
requested by and provided to
that
prisoner, or the fee for a
random drug test assessed
under
division (E) of section 341.26 of
the Revised Code.
(D)
If a county receives pursuant to section 341.12 of the
Revised Code for confinement in its jail a person who has
been
convicted of or pleaded guilty to an offense and has been
sentenced to a
term in a jail or a person who has been arrested
for an offense, who has been
denied bail or has had bail set and
has not been released on bail, and who is
confined in jail pending
trial, at the time of reception and at other times
the
sheriff or
other person in charge of the operation of the jail determines to
be appropriate, the sheriff or other person in charge of the
operation of the
jail may cause the convicted or accused offender
to be examined and tested for
tuberculosis, HIV infection,
hepatitis, including but not limited
to hepatitis A, B, and C, and
other contagious
diseases. The
sheriff or other person in charge
of the operation of the jail may cause a
convicted or accused
offender in the jail who refuses to be tested or treated
for
tuberculosis, HIV infection, hepatitis, including but not
limited
to hepatitis A, B, and C, or another
contagious disease to
be
tested and treated involuntarily.
Sec. 341.19. (A)
Pursuant to section 2929.37 of the
Revised
Code, the board of county commissioners may require
a
person who
was convicted of an offense and who is confined in the
county
jail
to reimburse the county for its expenses incurred by
reason of the
person's confinement.
(B)
Notwithstanding any contrary
provision in this section
or section 2929.18,
2929.21, 2929.36
2929.28, or
2929.37 of the
Revised
Code, the board of county commissioners
may
establish a
policy
that complies with section 2929.38 of the
Revised Code and
that
requires any prisoner who is not indigent
and who is confined
in
the county's jail under this section to pay
a reception fee, a
fee
for any
medical treatment or service
requested by
and provided
to
that
prisoner, or the fee for a
random drug
test assessed
under
division (E) of section 341.26 of
the Revised
Code.
(C) If a person who is convicted of or pleads guilty to an
offense is sentenced to a term in a jail, or if a person who has
been arrested
for an offense, and who has been denied bail or has
had bail set and has not
been released on bail is confined in jail
pending trial,
at the time of reception and at other times
the
sheriff or other person in charge of the operation of the jail
determines to
be appropriate, the sheriff or other person in
charge of the operation of the
jail may cause the convicted or
accused offender to be examined and tested for
tuberculosis, HIV
infection, hepatitis, including but not limited
to hepatitis A, B,
and C, and other contagious
diseases. The
sheriff or other person
in charge of the operation of the jail may cause a
convicted or
accused offender in the jail who refuses to be tested or treated
for tuberculosis, HIV infection, hepatitis, including but not
limited to hepatitis A, B, and C, or another
contagious disease to
be tested and treated involuntarily.
Sec. 341.21. (A) The board of county commissioners may
direct the sheriff to receive into custody prisoners charged
with
or convicted of crime by the United States, and to keep
those
prisoners until discharged.
The board of the county in which prisoners charged with or
convicted of crime by the United States may be so committed may
negotiate and
conclude any contracts with the United States for
the use of the jail as
provided by this section and as the board
sees fit.
A prisoner so committed shall be supported at the expense
of
the United States during the prisoner's confinement in
the county
jail.
No greater compensation shall be charged by a sheriff for
the
subsistence of that type of prisoner than is provided by
section 311.20 of the Revised Code to be charged for the
subsistence of state
prisoners.
A sheriff or jailer who neglects or refuses to perform the
services and duties directed by the board by reason of this
division, shall be liable to the same penalties, forfeitures, and
actions as if the prisoner had been committed under the
authority
of this state.
(B) Prior to the acceptance for housing into the county jail
of
persons who are designated by the department of rehabilitation
and correction,
who plead guilty to or are convicted of a felony
of the fourth or fifth
degree, and who satisfy the other
requirements listed in section 5120.161
of the Revised Code, the
board of county commissioners shall enter into
an agreement with
the department of rehabilitation and correction
under section
5120.161 of the Revised Code for the housing in the
county jail of
persons designated by the department who plead
guilty to or are
convicted of a felony of the fourth or fifth degree and who
satisfy the other requirements listed in that section in
exchange
for a per diem fee per person. Persons incarcerated in
the county
jail pursuant to an agreement entered into under
this division
shall be
subject to supervision and control in the manner
described in
section 5120.161 of the Revised Code. This division
does not affect the
authority of a court to directly sentence a
person who is convicted of or
pleads guilty to a felony to the
county jail in accordance with section
2929.16 of the Revised
Code.
(C) Notwithstanding any contrary provision in
section
2929.18,
2929.21, 2929.36
2929.28, or 2929.37 or in any other
section of
the Revised
Code, the board
of county commissioners may
establish
a policy
that complies with section 2929.38 of the
Revised Code
and
that requires any person who is
not indigent and
who is
confined
in the jail under division (B) of this
section to
pay a
reception fee, a
fee
for any medical treatment or
service
requested
by and provided
to
that person, or
the
fee for a random
drug test
assessed
under division (E) of section
341.26 of the
Revised Code.
(D) If a sheriff receives into custody a prisoner convicted
of
crime by the United States as described in division
(A) of this
section, if a person who has been convicted of or pleaded
guilty
to an offense is incarcerated in the jail in the manner described
in
division (B) of this section, if a sheriff receives into
custody a
prisoner charged with a crime by the United States and
the
prisoner has had bail denied or has had bail set, has not been
released on
bail, and is confined in jail pending trial, or if a
person who has been
arrested for an offense, and who has been
denied bail or has had bail set and
has not been released on bail
is confined in jail pending trial,
at the time of reception and at
other times the
sheriff or other person in charge of the operation
of the jail determines to
be appropriate, the sheriff or other
person in charge of the operation of the
jail may cause the
convicted or accused offender to be examined and tested for
tuberculosis, HIV infection, hepatitis, including, but not
limited
to, hepatitis A, B, and C, and other contagious
diseases. The
sheriff or other person in charge of the operation of the jail may
cause a
convicted or accused offender in the jail who refuses to
be tested or treated
for tuberculosis, HIV infection, hepatitis,
including, but not
limited to, hepatitis A, B, and C, or another
contagious disease to be tested and treated involuntarily.
Sec. 341.23. (A) The board of county commissioners of any
county or the legislative authority of any municipal corporation
in which there is no workhouse may agree with the legislative
authority of any municipal corporation or other authority having
control of the workhouse of any other city, or with the directors
of any district of a joint city and county workhouse or county
workhouse, upon terms on which persons convicted of a misdemeanor
by any court or magistrate of a county or municipal corporation
having no workhouse, may be received into that workhouse,
under
sentence of the court or magistrate. The board or
legislative
authority may pay the expenses incurred under the agreement out
of
the general fund of that county or municipal
corporation, upon the
certificate of the proper officer of the workhouse.
(B) The sheriff or other officer transporting any person
to
the workhouse described in division (A) of
this section
shall
receive six cents per mile for the
sheriff or officer, going and
returning, five cents per mile for transporting
the convict, and
five cents per mile, going and coming, for the
service of each
deputy, to be allowed as in cases in which a
person is transported
to a state correctional institution. The
number of miles shall be
computed by the usual routes of travel
and, in state cases, shall
be paid out of the general fund of the
county, on the allowance of
the board, and for the violation of
the ordinances of any
municipal corporation, shall be paid by
that municipal corporation
on the order of its legislative
authority.
(C)
Pursuant to section 2929.37 of the Revised Code,
the
board of county commissioners, the directors of
the district
of a
joint city and county workhouse or county
workhouse, or the
legislative authority of the municipal
corporation may require a
person who was convicted of an offense
and who is confined in a
workhouse
as provided in division (A) of this section, to
reimburse the
county, district, or municipal corporation, as the
case may be,
for its expenses incurred by reason of the person's
confinement.
(D) Notwithstanding any contrary provision in this
section
or section
2929.18,
2929.21, 2929.36
2929.28, or
2929.37 of
the
Revised
Code, the appropriate board of county
commissioners
and
legislative authorities may include in their
agreement
entered
into under division (A) of this section a policy
that complies
with section 2929.38 of the Revised Code and that
requires any
person who is not indigent and who is confined in the
county,
city, district,
or joint city and county workhouse under
this
section to pay a
reception fee, a fee
for any
medical treatment
or
service requested by and provided to that
person,
or
the
fee
for a random drug test assessed under
division
(E) of section
341.26 of the Revised Code.
(E) If a person who has been convicted of or pleaded
guilty
to an
offense is incarcerated in the workhouse as provided
in
division (A)
of this section,
at the time of reception and at
other times the
person in charge of the operation of the workhouse
determines
to
be appropriate, the person in charge of the
operation of the
workhouse may cause the convicted offender to be
examined and tested
for
tuberculosis, HIV infection, hepatitis,
including but not limited
to hepatitis A, B, and C, and other
contagious
diseases. The
person in charge of the operation of the
workhouse may cause a
convicted offender in the workhouse who
refuses to be tested or
treated
for tuberculosis, HIV infection,
hepatitis, including but not
limited to hepatitis A, B, and C, or
another
contagious disease to
be tested and treated involuntarily.
Sec. 505.49. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) The township trustees by a two-thirds
vote of the
board may adopt rules necessary for the operation of
the township
police district, including a determination of the
qualifications
of the chief of police, patrol
officers, and others to
serve as
members of the district police force.
(2) Except as otherwise provided in division (E)
of this
section and subject to division (D) of this section, the
township
trustees by a two-thirds vote of the board
shall appoint a chief
of police for the district, determine the
number of patrol
officers and other personnel required
by the district,
and
establish salary schedules and other conditions of employment
for
the employees of the township police district. The chief of
police of the district shall serve at the pleasure of the
township
trustees and shall appoint patrol officers
and other
personnel
that the district may require, subject to division
(D) of this
section and to the rules and
limits as to qualifications, salary
ranges, and
numbers of
personnel established by the township board
of trustees. The
township trustees may include in the township
police district and
under the direction and control of the chief
of police, any
constable appointed pursuant to section 509.01 of
the Revised
Code, or may designate the chief of police or any
patrol
officer appointed
by the chief of police as a constable, as
provided for in
section 509.01 of the
Revised Code, for the
township police district.
(3) Except as provided in division
(D) of this section, a
patrol officer, other police district
employee, or police
constable, who has been awarded a certificate attesting to the
satisfactory
completion of an approved state, county, or
municipal
police basic training program, as required by section
109.77 of
the Revised Code, may be removed or suspended only
under the
conditions and by the procedures in sections 505.491 to
505.495 of
the Revised Code. Any other patrol
officer, police
district
employee, or police constable shall serve at the
pleasure of the
township trustees. In case of removal or
suspension of an
appointee by the board of township
trustees, that appointee may
appeal the
decision of the board to the court of common pleas of
the county
in which the district is situated to determine the
sufficiency
of the cause of removal or suspension. The appointee
shall
take the appeal within ten days of written notice to the
appointee of the
decision of the board.
(C) Division (B) of this section does
not apply to a
township that has a population
of ten thousand or more persons
residing within the township and outside of any municipal
corporation, that has its own police department employing ten or
more full-time paid employees, and that has a civil service
commission established under division (B) of section 124.40 of
the
Revised Code. That type of township shall comply with the
procedures
for the employment, promotion, and discharge of police
personnel
provided by Chapter 124. of the Revised Code, except
that the
board of township trustees of the township may appoint
the chief
of police, and a person so appointed shall be in the
unclassified service under section 124.11 of the Revised Code and
shall serve at the pleasure of the board. A person appointed
chief of police under these conditions who is removed by the
board
or who resigns from the position shall be entitled to
return to
the classified service in the township police
department, in the
position that person held previous to
the person's appointment as
chief of police. The board of
township trustees shall
determine
the number of personnel required and establish salary
schedules
and conditions of employment not in conflict with
Chapter 124. of
the Revised Code. Persons employed as police
personnel in that
type of township on the date a civil
service commission
is
appointed pursuant to division (B) of section 124.40 of the
Revised Code, without being required to pass a competitive
examination or a police training program, shall retain their
employment
and any rank previously granted them by action of the
township
trustees or otherwise, but those persons are eligible for
promotion only by compliance with Chapter 124. of the Revised
Code. This division does not apply to constables appointed
pursuant to section 509.01 of the Revised Code. This division is
subject
to division (D) of this section.
(D)(1) The board of township trustees
shall not appoint or
employ a person as a chief of police, and
the chief of police
shall not appoint or employ a person as a
patrol officer or other
peace officer of a township police district or
a township police
department, on a permanent basis, on a
temporary basis, for a
probationary term, or on other than a
permanent basis if the
person previously has been convicted of or
has pleaded guilty to a
felony.
(2)(a) The board of township trustees shall
terminate the
appointment or employment of a chief of police,
patrol officer, or
other peace officer of a township police district
or township
police department who does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to
a negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the chief of
police, patrol
officer, or other peace officer of a township
police district or
township police department agrees to
surrender the certificate
awarded to that chief of police,
patrol officer, or other peace
officer under section 109.77 of
the Revised Code.
(b) The board shall suspend the appointment or
employment of
a chief of police, patrol officer, or other peace
officer of a
township police district or township police
department who is
convicted, after trial, of a felony.
If the chief of police,
patrol officer, or other peace
officer of a township police
district or township police
department files an appeal from that
conviction
and the conviction is upheld by the highest
court to
which the appeal is taken or if no timely appeal is
filed, the
board shall terminate the appointment or employment of
that chief
of police, patrol officer, or other peace officer. If the
chief
of police, patrol officer, or other peace officer of a township
police district or township police department files an appeal
that
results in that chief of police's, patrol officer's, or other
peace
officer's acquittal of the felony or conviction of a
misdemeanor,
or in
the dismissal of the felony charge against the
chief of police,
patrol officer, or other peace officer, the
board
shall reinstate that chief of police, patrol officer, or other
peace officer. A chief of police, patrol officer, or other peace
officer of a township police district or township police
department who is reinstated under division
(D)(2)(b) of this
section shall not receive
any back pay unless the conviction of
that chief of police, patrol officer, or
other peace officer of
the felony
was reversed on appeal, or the felony charge was
dismissed, because the court found insufficient evidence to
convict the chief of police, patrol officer, or other peace
officer of
the felony.
(3) Division (D) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension or termination of the appointment or
employment of a
chief of police, patrol officer, or other peace
officer under division
(D)(2) of this section shall be in
accordance with Chapter
119. of the Revised Code.
(E) The board of township trustees may enter into a
contract
under section 505.43 or 505.50 of the Revised Code to
obtain all
police protection for the township police district
from one or
more municipal corporations, county sheriffs, or
other townships.
If the board enters into such a contract, subject
to division (D)
of this section, it may, but is not required to,
appoint a police
chief for the district.
(F) The members of the police force of a township police
district of a township that adopts the limited self-government
form of township government shall serve as peace officers for the
township territory included in the district.
(G) A chief of police or patrol
officer of a township police
district, or of a township police department, may participate, as
the director of an organized crime task force established under
section 177.02 of the Revised Code or as a member of the
investigatory staff of that task force, in an investigation of
organized criminal activity in any county or counties in this
state under sections 177.01 to 177.03 of the Revised Code.
Sec. 509.01. (A) As used in this section,
"felony" has the
same meaning as in section 109.511 of the Revised Code.
(B) Subject to division (C) of this
section, the board of
township trustees may designate
any qualified persons as police
constables and may provide them
with the automobiles,
communication systems, uniforms, and police
equipment that the
board considers necessary. Except as
provided in division (C) of
this section, police constables
designated under this division,
who have been awarded a
certificate attesting to the satisfactory
completion of an approved state,
county, or municipal police basic
training program, as required by section
109.77 of the Revised
Code, may be removed or suspended only
under the conditions and by
the procedures in sections 505.491 to
505.495 of the Revised Code.
Any other police constable shall
serve at the pleasure of the
township trustees. In case of
removal or suspension of a police
constable by the board of
township trustees, that police constable
may appeal
the decision of the board to the court of common pleas
of the county to determine the sufficiency of the cause of
removal
or suspension. The police constable shall take the
appeal within
ten
days of written notice to the police constable of the decision
of
the board. The board may pay each police constable, from the
general funds of the township, the compensation that the
board by
resolution prescribes for the time actually spent in keeping the
peace, protecting property, and performing duties as a police
constable, including duties as an ex officio deputy bailiff of a
municipal court pursuant to section 1901.32 of the Revised Code
and duties as a ministerial officer of a county court. The
police
constable shall not be paid fees in addition to the
compensation
allowed by the board for services rendered as a
police constable,
including services as an ex officio deputy
bailiff of a municipal
court pursuant to section 1901.32 of the
Revised Code and as a
ministerial officer of a county court. All
constable fees
provided for by section 509.15 of the Revised
Code, if due for
services rendered while the police constable
performing those
services is being compensated as a police
constable for that
performance, shall be paid into the general
fund of the township.
(C)(1) The board of township trustees shall not
designate a
person as a police constable pursuant to division
(B) of this
section on a permanent basis, on a temporary
basis, for a
probationary term, or on other than a permanent
basis if the
person previously has been convicted of or has
pleaded guilty to a
felony.
(2)(a) The board of township trustees shall
terminate the
employment of a police constable designated under
division (B) of
this section if the police constable
does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to
a negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the police
constable agrees
to surrender the certificate awarded to the
police constable under
section 109.77 of the
Revised Code.
(b) The board shall suspend from employment a
police
constable designated under division (B) of this
section if the
police constable is convicted, after trial, of a
felony. If the
police constable files an appeal
from that conviction and the
conviction is upheld by the highest court to which the appeal is
taken or if the police constable does not file a timely appeal,
the board shall terminate the employment of that police
constable.
If the police constable files an appeal that results
in that
police constable's acquittal of the felony or conviction
of a
misdemeanor, or in the dismissal of
the felony charge against the
police constable, the board shall
reinstate that police constable.
A police constable who is
reinstated under division (C)(2)(b) of
this section shall not receive any back pay unless that police
constable's
conviction
of the felony was reversed on appeal, or
the
felony charge was dismissed, because the court
found
insufficient evidence to convict the police constable of
the
felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a police constable under division (C)(2) of
this section shall be
in accordance with Chapter 119. of the
Revised Code.
Sec. 511.232. (A) As used in this section,
"felony" has the
same meaning as in section 109.511 of the Revised Code.
(B) The employees designated by the board of park
commissioners of a
township park district may enforce the laws of
the state and the regulations
of the board within and adjacent to
the lands under the jurisdiction and
control of the board or when
acting as authorized by section 511.235 or
511.236 of the Revised
Code. Before exercising those powers, the
designated employees
shall comply with the
certification requirement established in
section 109.77
of the Revised Code, take an oath, and give a bond
to the state, in
the sum that the board prescribes, for the proper
performance of their duties. This division is subject to division
(C) of this section.
(C)(1) The board of park commissioners of a
township park
district shall not designate an employee as
provided in division
(B) of this section on a permanent
basis, on a temporary basis,
for a probationary term, or on other
than a permanent basis if the
employee previously has been
convicted of or has pleaded guilty to
a felony.
(2)(a) The board of park commissioners of a
township park
district shall terminate the employment of an
employee designated
as provided in division (B) of this
section if the employee does
either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the employee
agrees to
surrender the certificate awarded to the employee
under section
109.77 of the Revised Code.
(b) The board shall suspend from employment an
employee
designated as provided in division (B) of this
section if the
employee is convicted, after trial, of a
felony. If the employee
files an appeal from that conviction
and the conviction is
upheld
by the highest court to which the appeal is taken or if
the
employee does not file a timely appeal, the board shall
terminate
the employment of that employee. If the employee files
an appeal
that results in that employee's acquittal of the felony
or
conviction of a
misdemeanor, or in the dismissal of the felony
charge
against the employee, the board shall reinstate that
employee. An
employee who is reinstated under division
(C)(2)(b)
of this section shall not receive
any back pay unless that
employee's conviction of the felony
was reversed on appeal, or the
felony charge was
dismissed, because the court found insufficient
evidence to
convict the employee of the felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of an employee under division (C)(2) of this
section shall be in
accordance with Chapter 119. of the Revised
Code.
Sec. 737.052. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) The director of public safety shall not
appoint a
person as a chief of police, a member of the police
department of
the municipal corporation, or an auxiliary police
officer on a
permanent basis, on a temporary basis, for a
probationary term, or
on other than a permanent basis if the
person previously has been
convicted of or has pleaded guilty to
a felony.
(2)(a) The director of public safety shall
terminate the
employment of a chief of police, member of the
police department,
or auxiliary police officer who does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the chief of
police, member
of the police department, or auxiliary police
officer agrees to
surrender the certificate awarded to the chief
of police, member
of the police department, or auxiliary police
officer under
section 109.77 of the Revised
Code.
(b) The director shall suspend from employment
a chief of
police, member of the police department, or auxiliary
police
officer who is convicted, after trial, of a felony. If the chief
of
police, member of the police
department, or auxiliary police
officer files an appeal from that conviction
and the conviction is
upheld by the highest court to which the appeal is taken or if the
chief of
police, member of the police department, or auxiliary
police officer does not
file a timely appeal, the director shall
terminate that person's employment.
If the chief of police,
member of the police
department, or auxiliary police officer files
an appeal that
results in that person's acquittal of the felony or
conviction
of a misdemeanor, or in
the dismissal of the felony
charge against that person, the
director shall reinstate that
person. A chief of police, member of the
police department, or
auxiliary police officer who is reinstated
under division
(B)(2)(b) of this section
shall not receive any back pay unless
that person's conviction of the
felony was reversed on appeal, or
the felony
charge was dismissed, because the court found
insufficient evidence to convict that person of the felony.
(3) Division (B) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of the chief of police, member of the police
department, or auxiliary police
officer under division (B)(2) of
this section shall be in accordance
with Chapter 119. of the
Revised Code.
Sec. 737.162. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) The mayor shall not appoint a person
as a marshal, a
deputy marshal, a police officer, a night watchperson, a
special
police officer, or an auxiliary police officer on a permanent
basis, on a temporary basis, for a probationary term, or on other
than a permanent basis if the person previously has been
convicted
of or has pleaded guilty to a felony.
(2)(a) The mayor shall terminate the employment
of a
marshal, deputy marshal, police officer, night watchperson,
special police officer, or auxiliary police officer who does
either of the
following:
(i) Pleads guilty
to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the marshal,
deputy marshal,
police officer, night watchperson, special
police officer, or
auxiliary police officer agrees to surrender
the certificate
awarded to that person under section 109.77 of
the Revised Code.
(b) The mayor shall suspend from employment a
marshal,
deputy marshal, police officer, night watchperson, special
police
officer, or auxiliary police officer who is convicted, after
trial, of a felony. If the marshal, deputy
marshal, police
officer, night watchperson, special police officer, or
auxiliary
police officer files an appeal from that conviction
and the
conviction is upheld by the
highest court to which the appeal is
taken or if that person does not file
a timely appeal, the mayor
shall terminate that person's employment. If
the marshal, deputy
marshal, police officer, night watchperson, special
police
officer, or auxiliary police officer files an appeal that
results
in that person's acquittal of the felony or
conviction of a
misdemeanor, or in
the dismissal of the felony charge against that
person, the
mayor shall reinstate that person. A marshal, deputy
marshal, police officer,
night watchperson, special police
officer, or auxiliary police officer
who is reinstated under
division (B)(2)(b)
of this section shall not receive any back pay
unless that person's
conviction of the felony was reversed on
appeal, or
the felony charge was dismissed, because the court
found insufficient evidence to convict that person of the felony.
(3) Division (B) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a marshal, deputy marshal, police officer,
night watchperson, special
police officer, or auxiliary police
officer under division (B)(2) of
this section shall be in
accordance with Chapter 119. of the Revised Code.
Sec. 737.41. (A) The legislative authority of a municipal
corporation in which is established a municipal court, other than
a county-operated municipal court, that has a department of
probation shall establish in the municipal treasury a municipal
probation services fund. The fund shall contain all moneys paid
to the treasurer of the municipal corporation under section
2951.021 of the Revised Code for deposit into the fund. The
treasurer of the municipal corporation shall disburse the money
contained in the fund at the request of the municipal court
department of probation, for use only by that department for
specialized staff, purchase of equipment, purchase of services,
reconciliation programs for offenders and victims, other
treatment
programs, including alcohol and drug addiction programs
certified
under section 3793.06 of the Revised Code, determined
to be
appropriate by the chief probation officer, and other
similar
probation-related expenses
related to placing offenders under a
community control sanction.
(B) Any money in a municipal probation services fund at
the
end of a fiscal year shall not revert to the treasury of the
municipal corporation but shall be retained in the fund.
(C) As used in this section, "county-operated:
(1) "County-operated municipal
court" has the same meaning as
in section 1901.03 of the Revised
Code.
(2) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
Sec. 753.02. (A) The legislative authority of a municipal
corporation shall provide by ordinance for sustaining all persons
sentenced to or confined in a prison or station house at the
expense of the municipal corporation, and in counties where
prisons or station houses are in quarters leased from the board
of
county commissioners, may contract with the board for the care
and
maintenance of those persons by the sheriff or other
person
charged with the care and maintenance of county prisoners. On
the
presentation of bills for food, sustenance, and necessary
supplies, to the proper officer, certified by the person
whom the
legislative authority designates, the officer shall
audit the
bills under the rules prescribed by the legislative authority,
and
draw the officer's order on the treasurer of the municipal
corporation in favor of the person presenting the bill.
(B)
Pursuant to section 2929.37 of the Revised Code,
the
legislative authority of the municipal corporation
may require
a
person who was convicted of an offense and who is confined in a
prison or station house as provided in division (A) of this
section, or a
person who was convicted of an offense
and who is
confined in the county jail as provided in section
1905.35 of the
Revised Code, to reimburse the municipal
corporation for its
expenses incurred by reason of the person's
confinement.
(C) Notwithstanding any contrary provision in this
section
or section
2929.18,
2929.21, 2929.36
2929.28, or
2929.37 of
the
Revised
Code, the legislative authority of the
municipal
corporation may
establish a policy
that complies with
section
2929.38 of the
Revised Code and that requires any person
who is
not indigent and
who is confined in a prison or station
house to
pay a
reception
fee, a fee for any
medical
treatment or service
requested by and
provided to that
person, or
the fee for a
random
drug test
assessed
under
division (E)
of section 753.33 of
the
Revised Code.
(D) If a person who has been convicted of or pleaded
guilty
to an
offense is sentenced to a term of imprisonment in a
prison
or station house as
described in division (A) of this
section, or
if a person who has
been arrested for an offense, and
who has been
denied bail or has had bail set
and has not been
released on bail
is confined in a prison or station house as
described in division
(A) of this section pending trial,
at the
time of reception and at
other times
the
person in charge of the
operation of the prison or
station house determines to
be
appropriate, the person in charge
of the operation of the
prison
or station house may cause the
convicted or accused offender to be
examined and tested for
tuberculosis, HIV infection, hepatitis,
including, but not
limited
to, hepatitis A, B, and C, and other
contagious
diseases. The
person in charge of the operation of the
prison or station house
may cause a
convicted or accused offender
in the prison or station
house who refuses to be
tested or treated
for tuberculosis, HIV
infection, hepatitis, including, but not
limited to, hepatitis A,
B, and C, or another
contagious disease
to be tested and treated
involuntarily.
Sec. 753.04. (A) When a person over sixteen years of age
is
convicted of an offense under the law of this state or an
ordinance of a municipal corporation, and the tribunal before
which the conviction is had is authorized by law to commit the
offender to the county jail or municipal corporation prison, the
court, mayor, or judge of the county court, as the case may be,
may sentence the offender to a workhouse.
When a commitment is made from a municipal corporation or
township in the county, other than in a municipal corporation
having a workhouse, the legislative authority of the municipal
corporation or the board of township trustees shall transmit with
the mittimus a sum of money equal to not less than seventy cents
per day for the time of the commitment, to be placed in the hands
of the superintendent of a workhouse for the care and maintenance
of the prisoner.
(B)
Pursuant to section 2929.37 of the Revised Code,
the
legislative authority of the municipal corporation
or the
board of
township trustees may require a person who is
convicted
of an
offense and who is
confined in a workhouse as provided in
division
(A) of this
section, to reimburse the municipal
corporation or the
township,
as the case may be, for its expenses
incurred by reason
of
the person's confinement.
(C) Notwithstanding any contrary provision in this
section
or section
2929.18,
2929.21, 2929.36
2929.28, or
2929.37 of
the
Revised
Code, the legislative authority of the
municipal
corporation or
board of township trustees may establish
a policy
that complies
with section 2929.38 of the Revised Code
and
that
requires any
person who is not indigent and who is
confined
in the
workhouse
under division (A) of this section to
pay a
reception
fee, a fee
for any
medical treatment or
service requested by
and
provided to
that person, or
the
fee for a random drug
test
assessed under
division (E) of
section
753.33 of the Revised
Code.
(D) If a person who has been convicted of or pleaded
guilty
to an
offense is incarcerated in a workhouse or if a person
who
has been arrested
for an offense, and who has not been denied
bail
or has had bail set and has
not been released on bail is
confined
in a workhouse pending trial,
at the time of reception
and at
other times
the
person in charge of the operation of the
workhouse
determines to
be appropriate, the person in charge of
the
operation of the
workhouse may cause the convicted or accused
offender to be examined and
tested
for
tuberculosis, HIV
infection, hepatitis, including, but not
limited to, hepatitis A,
B, and C, and other contagious
diseases. The
person in charge of
the operation of the workhouse may cause a
convicted or accused
offender in the workhouse who refuses to be tested or
treated for
tuberculosis, HIV infection, hepatitis, including,
but not limited
to, hepatitis A, B, and C, or another
contagious disease to
be
tested and treated involuntarily.
Sec. 753.16. (A) Any city or district having a workhouse
may receive as inmates of the workhouse persons sentenced or
committed to it from counties other than the one in which the
workhouse is situated, upon the terms and during
the length of
time agreed upon by the boards of
county commissioners of those
counties, or by the
legislative authority of a municipal
corporation in those counties and the legislative authority
of the
city, or the board of the district workhouse, or other authority
having
the management and control of the workhouse. Prisoners so
received shall in all respects be and remain under the control of
that authority, and shall be subject to the rules
and discipline
of the workhouse to which the other
prisoners detained in the
workhouse are subject.
(B) Prior to the acceptance for housing into a jail or
workhouse of persons who are designated by the department of
rehabilitation
and correction, who plead guilty to or are
convicted of a felony of the fourth
or fifth degree, and who
satisfy the other requirements listed in section
5120.161 of the
Revised Code, the legislative authority of a municipal
corporation
having a jail or workhouse, or the joint board managing and
controlling a workhouse for the joint use of a municipal
corporation and a county shall enter into an agreement with
the
department of rehabilitation and correction under section
5120.161
of the Revised Code for the housing in the jail or
workhouse of
persons who are designated by the department, who
plead guilty to
or are convicted of a felony of the fourth or fifth degree,
and
who satisfy the other requirements listed in that section, in
exchange for a per diem fee per person. Persons incarcerated in
the jail or workhouse pursuant to an agreement of that
nature
shall be subject to supervision and control in the manner
described
in section 5120.161 of the Revised Code. This division
does not affect the
authority of a court to directly sentence a
person who is convicted of or
pleads guilty to a felony to the
jail or workhouse in accordance with section
2929.16 of the
Revised Code.
(C)
Pursuant to section 2929.37 of the Revised Code,
the
board of county commissioners, the legislative
authority of
the
municipal corporation, or the board or other
managing
authority of
the district workhouse may require a person
who was
convicted of
an offense
and who is confined in the workhouse as
provided in
division (A)
of this section, to reimburse the county,
municipal
corporation,
or district, as the case may be, for its
expenses
incurred by
reason of the person's confinement.
(D) Notwithstanding any contrary provision in this section
or
section, 2929.21, 2929.36
2929.18, 2929.28, or 2929.37 of the
Revised
Code, the
board of county commissioners, the
legislative
authority
of a
municipal corporation, or the board or other
managing
authority of
the district workhouse may establish a
policy
that
complies with
section 2929.38 of the Revised Code and
that
requires any
person
who is not indigent and who is confined
in the
jail or
workhouse
under division (A) or (B) of this section
to pay
a
reception fee,
a fee
for any medical treatment or
service requested by
and
provided to that
person, or
the
fee for
a random drug
test
assessed under division
(E) of section
753.33
of the Revised
Code.
(E) If a person who has been convicted of or pleaded
guilty
to an
offense is confined in the workhouse as provided in
division
(A) of
this section or is incarcerated in the workhouse
in the
manner described in
division (B) of this section, or if a
person
who has been arrested
for an offense, and who has been
denied bail
or has had bail set and has not
been released on bail
is confined
in the workhouse pending trial,
at the time of
reception and at
other times
the
person in charge of the operation
of the workhouse
determines to
be appropriate, the person in
charge of the
operation of the
workhouse may cause the convicted
or accused
offender to be examined and
tested
for
tuberculosis,
HIV
infection, hepatitis, including but not limited
to hepatitis
A, B,
and C, and other contagious
diseases. The
person in charge
of the
operation of the workhouse may cause a
convicted or accused
offender in the workhouse who refuses to be tested or
treated
for
tuberculosis, HIV infection, hepatitis, including but not
limited
to hepatitis A, B, and C, or another
contagious disease to
be
tested and treated involuntarily.
Sec. 1501.013. (A) Subject to division
(B) of this section,
the
director of natural resources may designate an employee of the
department of natural resources as a natural resources law
enforcement staff officer. Such an officer may do any or all of
the following:
(1) Coordinate the law enforcement activities, training,
and
policies of the department;
(2) Serve as the department's liaison with other law
enforcement agencies and jurisdictions and as the director's
representative regarding law enforcement activities;
(3) Conduct internal investigations of employees of the
department as necessary;
(4) Perform other functions related to the department's
law
enforcement activities, training, and policies that the
director
assigns to the officer.
A natural resources law enforcement staff officer, on any
lands or waters owned, controlled, maintained, or administered
by
the department, has the authority specified under section
2935.03
of the Revised
Code for peace officers of the
department of
natural resources to keep the peace, to enforce
all laws and rules
governing those lands and waters, and to make
arrests for
violation of those laws and rules.
The governor, upon the recommendation of the director,
shall
issue to a natural resources law enforcement staff officer
a
commission indicating authority to make arrests as provided in
division (A) of this section.
The director shall furnish a suitable badge to a
commissioned
natural resources law enforcement staff officer as
evidence of
that officer's authority.
(B)(1) As used in
division (B) of this section,
"felony" has
the same meaning as in section 109.511 of the
Revised Code.
(2) The director shall not designate a person as a
natural
resources law enforcement staff officer under division
(A) of this
section on a
permanent basis, on a temporary basis, for a
probationary term,
or on other than a permanent basis if the
person previously has
been convicted of or has pleaded guilty to a
felony.
(3) The director shall terminate the employment as a
natural
resources law enforcement staff officer of a person
designated as
such an officer if that person does either of the
following:
(a) Pleads guilty to a felony;
(b) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the natural
resources law
enforcement staff officer agrees to surrender the
certificate
awarded to that officer under section 109.77 of the
Revised Code.
(4) The director shall suspend from employment as a
natural
resources law enforcement staff officer a person
designated as
such an officer if that person is convicted, after
trial, of a
felony. If the natural resources law enforcement
staff officer
files an appeal from that conviction and the
conviction is upheld
by the highest court to which the appeal is
taken, or if the
officer does not file a timely appeal, the
director shall
terminate the employment of the natural resources
law enforcement
staff officer. If the natural resources law
enforcement staff
officer files an appeal that results in the
officer's acquittal of
the felony or conviction of a
misdemeanor, or in the dismissal of
the felony charge against
the officer, the director shall
reinstate the natural resources
law enforcement staff officer. A
natural resources law
enforcement staff officer who is reinstated
under division
(B)(4) of this section shall
not receive any back
pay unless the officer's conviction of the
felony was reversed on
appeal, or the felony charge was
dismissed, because the court
found insufficient evidence to
convict the officer of the felony.
(5) Division (B) of this section does
not apply regarding an
offense that was committed prior to
January 1, 1999.
(6) The suspension from employment, or the termination of
the employment, of a natural resources law enforcement staff
officer under division (B)(3)
or (4) of this section shall be in
accordance with
Chapter 119. of the Revised Code.
Sec. 1503.29. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) Subject to division (D) of this
section, any person
employed by the chief of the
division of forestry for
administrative service in a state forest
may be designated by the
chief and known as a forest officer. A
forest officer, on any
lands or waters owned, controlled,
maintained, or administered by
the department of natural
resources and on highways, as defined in
section 4511.01 of the Revised Code,
adjacent to
lands and waters
owned, controlled, maintained, or administered by the
division of
forestry, has the authority specified under
section 2935.03 of the
Revised Code for peace officers of the department of
natural
resources to keep the peace, to enforce
all laws and rules
governing those lands and waters, and to make
arrests for
violation of those laws and rules, provided that the
authority
shall be exercised on lands or waters administered by
another
division of the department only pursuant to an agreement
with the
chief of that division or to a request for assistance by
an
enforcement officer of that division in an emergency.
(2) A forest officer, in or along any watercourse within,
abutting, or upstream from the boundary of any area administered
by the department, has the authority to enforce section 3767.32
of
the Revised Code and other laws prohibiting the dumping of
refuse
into or along waters and to make arrests for violation of
those
laws. The jurisdiction of forest officers shall be
concurrent
with that of the peace officers of the county,
township, or
municipal corporation in which the violation occurs.
(3) A forest officer may enter upon private and public lands
to
investigate an alleged violation of, and may enforce, this
chapter and
sections 2909.02, 2909.03, and 2909.06 of the Revised
Code when
the alleged violation or other act pertains to forest
fires.
(C)(1) A forest officer may render assistance to a state or
local
law enforcement officer at the request of that officer or
may
render assistance to a state or local law enforcement officer
in
the event of an emergency. Forest officers serving outside the
division of forestry under this section or serving under the
terms
of a mutual aid compact authorized under section 1501.02 of
the
Revised Code shall be considered as performing services
within
their regular employment for the purposes of compensation,
pension
or indemnity fund rights, workers' compensation, and
other rights
or benefits to which they may be entitled as
incidents of their
regular employment.
(2) Forest officers serving outside the division of forestry
under this section or under a mutual aid compact retain personal
immunity from civil liability as specified in section 9.86 of the
Revised Code and shall not be considered an employee of a
political subdivision for purposes of Chapter 2744. of the
Revised
Code. A political subdivision that uses forest officers
under
this section or under the terms of a mutual aid compact
authorized
under section 1501.02 of the Revised Code is not
subject to civil
liability under Chapter 2744. of the Revised
Code as the result of
any action or omission of any forest
officer acting under this
section or under a mutual aid compact.
(D)(1) The chief of the division of forestry
shall not
designate a person as a forest officer pursuant to
division (B)(1)
of this section on a permanent basis, on
a temporary basis, for a
probationary term, or on other than a
permanent basis if the
person previously has been convicted of or
has pleaded guilty to a
felony.
(2)(a) The chief of the division of forestry
shall terminate
the employment as a forest officer of a person
designated as a
forest officer under division (B)(1) of
this section if that
person does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the Revised
Code in which the forest
officer agrees to
surrender the certificate awarded to the
forest officer under
section 109.77 of the
Revised Code.
(b) The chief shall suspend from employment as
a forest
officer a person designated as a forest officer under
division
(B)(1) of this section if that person is
convicted, after trial,
of a felony. If the forest
officer files an appeal from that
conviction
and the conviction is upheld by the highest court to
which the appeal is taken or if the forest officer does not file
a
timely appeal, the chief shall terminate the employment of that
forest officer. If the forest officer files an appeal that
results in that forest officer's acquittal of the felony or
conviction of a misdemeanor, or in
the dismissal of the felony
charge against the forest officer,
the chief shall reinstate that
forest officer. A forest officer who
is reinstated under division
(D)(2)(b) of
this section shall not receive any back pay unless
that forest officer's
conviction
of the felony was reversed on
appeal, or the
felony charge was dismissed, because the court
found insufficient evidence to convict the forest officer of the
felony.
(3) Division (D) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a forest officer under division (D)(2) of this
section shall be in
accordance with Chapter 119. of the Revised
Code.
Sec. 1517.10. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) Any person selected by the chief of the
division of
natural areas and preserves for custodial or patrol
service on the
lands and waters operated or administered by the
division shall be
employed in conformity with the law applicable
to the classified
civil service of the state. Subject to
division (C) of this
section, the chief may designate that person
as a preserve
officer. A preserve
officer, in any nature preserve, in any
natural area owned or
managed through easement, license, or lease
by the department of
natural resources and administered by the
division, and on lands
owned or managed through easement, license,
or lease by the
department and administered by the division that
are within or
adjacent to any wild, scenic, or recreational river
area
established under this chapter and along any trail
established
under Chapter 1519. of the Revised Code, has the
authority
specified under section 2935.03 of the Revised Code
for
peace officers of the department of natural resources to keep
the
peace, to enforce all laws and rules governing those lands
and
waters, and to make arrests for violation of those laws and
rules,
provided that the authority shall be exercised on
lands
or waters
administered by another division of the department only
pursuant
to an agreement with the chief of that division or to a
request
for assistance by an enforcement officer of that division
in an
emergency. A preserve officer, in or along any
watercourse
within, abutting, or upstream from the boundary of
any area
administered by the department, has the authority to enforce
section 3767.32 of the Revised Code and any other laws
prohibiting
the dumping of refuse into or along waters and to
make arrests for
violation of those laws. The jurisdiction of a
preserve officer
shall be concurrent with that of the peace
officers of the county,
township, or municipal corporation in
which the violation occurs.
The governor, upon the recommendation of the chief, shall
issue to each preserve officer a commission indicating authority
to make arrests as provided in this section.
The chief shall furnish a suitable badge to each
commissioned
preserve officer as evidence of the preserve
officer's authority.
(2) If any person employed under this section is designated
by
the chief to act as an agent of the state in the collection of
money resulting from the sale of licenses, fees of any nature, or
other money belonging to the state, the chief shall require a
surety bond from the person in an amount not less than one
thousand dollars.
(C)(1) The chief of the division of natural
areas and
preserves shall not designate a person as a preserve
officer
pursuant to division (B)(1) of this section on a
permanent basis,
on a temporary basis, for a probationary term,
or on other than a
permanent basis if the person previously has
been convicted of or
has pleaded guilty to a felony.
(2)(a) The chief of the division of natural
areas and
preserves shall terminate the employment as a preserve
officer of
a person designated as a preserve officer under
division (B)(1) of
this section if that person does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the preserve
officer agrees
to surrender the certificate awarded to the
preserve officer under
section 109.77 of the
Revised Code.
(b) The chief shall suspend from employment as
a preserve
officer a person designated as a preserve officer
under division
(B)(1) of this section if that person is
convicted, after trial,
of a felony. If the
preserve officer files an appeal from that
conviction and the conviction is
upheld by the highest
court to
which the appeal is taken or if the preserve officer
does not file
a timely appeal, the chief shall terminate the
employment of that
preserve officer. If the preserve officer
files an appeal that
results in the preserve officer's acquittal of the
felony or
conviction of a misdemeanor, or in the dismissal of the
felony
charge
against the preserve officer, the chief shall reinstate
that preserve officer.
A preserve officer who is reinstated under
division
(C)(2)(b) of this section shall not receive
any back pay
unless that preserve officer's conviction of the felony was
reversed on appeal, or the felony charge was
dismissed, because
the court found insufficient evidence to
convict the preserve
officer of the felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a preserve officer under division (C)(2) of
this section shall be
in accordance with Chapter 119. of the
Revised Code.
Sec. 1531.132. (A) As used in this section,
"felony" has
the same meaning as in section 109.511 of the Revised Code.
(B)(1) The chief of the division of wildlife
shall not
designate a person as a game protector on a permanent
basis, on a
temporary basis, for a probationary term, or on other
than a
permanent basis if the person previously has been
convicted of or
has pleaded guilty to a felony.
(2)(a) The chief of the division of wildlife
shall terminate
the employment of a person as a game protector
if that person does
either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the game
protector agrees to
surrender the certificate awarded to the
game protector under
section 109.77 of the
Revised Code.
(b) The chief shall suspend from employment as
a game
protector a person designated as a game protector if
that person
is convicted, after trial, of a felony. If the game protector
files an appeal from that
conviction and the conviction is
upheld
by the highest court to which the appeal is taken or if
the game
protector does not file a timely appeal, the chief shall
terminate
the employment of that game protector. If the game
protector
files an appeal that results in the game protector's acquittal of
the felony or conviction of a misdemeanor, or in the dismissal of
the felony
charge against the game protector, the chief shall
reinstate that game
protector. A game protector who is reinstated
under division
(B)(2)(b) of this section shall not receive any
back pay
unless that game protector's conviction of the felony was
reversed on appeal,
or the felony charge was dismissed, because
the court found insufficient evidence to convict the game
protector of the felony.
(3) Division (B) of this section does not apply regarding an
offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a game protector under division (B)(2) of this
section shall be in
accordance with Chapter 119. of the Revised
Code.
Sec. 1541.11. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) The chief of the division of parks and
recreation
shall not designate a person as a park officer under
section
1541.10 of the Revised Code on a
permanent basis, on a temporary
basis, for a probationary term,
or on other than a permanent basis
if the person previously has
been convicted of or has pleaded
guilty to a felony.
(2)(a) The chief of the division of parks and
recreation
shall terminate the employment as a park officer of
a person
designated as a park officer under section 1541.10 of
the Revised
Code if that person does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the park officer
agrees to
surrender the certificate awarded to the park officer
under
section 109.77 of the Revised Code.
(b) The chief shall suspend from employment as
a park
officer a person designated as a park officer if that
person is
convicted, after trial, of a felony. If
the park officer files an
appeal from that conviction and the conviction is
upheld by the
highest
court to which the appeal is taken or if the park officer
does
not file a timely appeal, the chief shall terminate the
employment of that park officer. If the park officer files an
appeal that results in the park officer's acquittal of the felony
or conviction of a misdemeanor, or in the dismissal of the felony
charge
against the park officer,
the chief shall reinstate that
park officer. A park officer who
is reinstated under division
(B)(2)(b) of
this section shall not receive any back pay unless
that park officer's
conviction
of the felony was reversed on
appeal, or the
felony charge was dismissed, because the court
found insufficient evidence to convict the park officer of the
felony.
(3) Division (B) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a park officer under division (B)(2) of this
section shall be in
in accordance with Chapter 119. of the Revised
Code.
Sec. 1545.13. (A) As used in this section,
"felony" has the
same meaning as in section 109.511 of the Revised Code.
(B) The employees that the board of park commissioners
designates
for that purpose may exercise all the powers of police
officers within and
adjacent to the lands under the jurisdiction
and control of the board or when
acting as authorized by section
1545.131 or 1545.132 of the Revised Code.
Before exercising the
powers of police officers, the designated employees
shall comply
with the certification requirement established in section 109.77
of the Revised Code, take an oath, and give a bond to the state in
the sum
that the board prescribes, for the proper performance of
their duties in
that respect. This division is subject to division
(C) of this section.
(C)(1) The board of park commissioners shall
not designate
an employee as provided in division (B) of
this section on a
permanent basis, on a temporary basis, for a
probationary term, or
on other than a permanent basis if the
employee previously has
been convicted of or has pleaded guilty
to a felony.
(2)(a) The board of park commissioners shall
terminate the
employment of an employee designated as provided
in division (B)
of this section if the employee does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the employee
agrees to
surrender the certificate awarded to the employee
under section
109.77 of the Revised Code.
(b) The board shall suspend from employment an
employee
designated as provided in division (B) of this
section if the
employee is convicted, after trial, of a
felony. If the employee
files an appeal from that
conviction and the conviction is
upheld
by the highest court to which the appeal is taken or if
the
employee does not file a timely appeal, the board shall
terminate
the employment of that employee. If the employee files
an appeal
that results in the employee's acquittal of the felony or
conviction
of a misdemeanor, or in the dismissal of the felony
charge
against the employee, the board shall reinstate that
employee. An
employee who is reinstated under division
(C)(2)(b)
of this section shall not receive
any back pay unless that
employee's conviction of the felony was reversed on
appeal, or the
felony charge was
dismissed, because the court found insufficient
evidence to
convict the employee of the felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to January 1, 1995.
(4) The suspension from employment, or the termination of
the employment,
of an employee under division (C)(2) of this
section shall be in
accordance with Chapter 119. of the Revised
Code.
Sec. 1547.523. (A) As used in this section,
"felony"
has
the same meaning as in section 109.511 of the Revised Code.
(B)(1) The chief of the division of watercraft
shall not
appoint a person as a state watercraft officer on a
permanent
basis, on a temporary basis, for a probationary term,
or on other
than a permanent basis if the person previously has
been convicted
of or has pleaded guilty to a felony.
(2)(a) The chief of the division of watercraft
shall
terminate the employment of a state watercraft officer
who does
either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the state
watercraft officer
agrees to surrender the certificate awarded
to that officer under
section 109.77 of the
Revised Code.
(b) The chief shall suspend from employment a
state
watercraft officer who is convicted, after trial, of a
felony. If
the state watercraft officer files an
appeal from that conviction
and the
conviction is upheld by the highest court to which the
appeal is
taken or if the state watercraft officer does not file a
timely
appeal, the chief shall terminate the employment of that
state
watercraft officer. If the state watercraft officer files
an
appeal that results in the state watercraft officer's acquittal
of the felony or conviction of a misdemeanor, or in the dismissal
of the
felony charge against the state
watercraft officer,
the
chief shall reinstate that state watercraft officer. A state
watercraft officer who is reinstated under division
(B)(2)(b) of
this section shall not receive
any back pay unless that state
watercraft officer's conviction of the
felony was reversed on
appeal, or the felony charge was
dismissed, because the court
found insufficient evidence to
convict the state watercraft
officer of the felony.
(3) Division (B) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a state watercraft officer under division
(B)(2) of this section
shall be in accordance with Chapter 119. of
the Revised Code.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the
Revised Code is guilty of a felony of the fourth degree.
(B) Whoever violates section 1547.10, division (I) of
section 1547.111, section 1547.13, or section 1547.66 of the
Revised Code is guilty of a misdemeanor of the first degree.
(C) Whoever violates a provision of this chapter or a rule
adopted thereunder, for which no penalty is otherwise provided,
is
guilty of a minor misdemeanor.
(D) Whoever violates section 1547.07 or 1547.12 of the
Revised Code without causing injury to persons or damage to
property is guilty of a misdemeanor of the fourth degree.
(E) Whoever violates section 1547.07 or 1547.12 of the
Revised Code causing injury to persons or damage to property is
guilty of a misdemeanor of the third degree.
(F) Whoever violates division (M) of section 1547.54,
division (G) of section 1547.30, or section 1547.131, 1547.25,
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92
of the
Revised Code or a rule adopted under division (A)(2) of
section
1547.52 of the Revised Code is guilty of a misdemeanor of
the
fourth degree.
(G) Whoever violates section 1547.11 of the Revised Code
is
guilty of a misdemeanor of the first degree and shall be
punished
as provided in division (G)(1), (2), or (3) of this
section.
(1) Except as otherwise provided in division (G)(2) or (3)
of this
section, the
court shall sentence the offender to a
jail
term
of imprisonment of
three consecutive days and may sentence
the
offender pursuant to
section
2929.21
2929.24 of the Revised
Code to a
longer
jail term
of
imprisonment. In addition, the
court shall impose
upon the
offender a fine of not less than one
hundred fifty nor
more than
one thousand dollars.
The court may suspend the execution of the mandatory
jail
term of three
consecutive days
of imprisonment that it is required
to impose by
division (G)(1) of this section if the court, in
lieu
of the
suspended
jail term
of
imprisonment, places the offender
on
probation
under a community control sanction pursuant to section
2929.25 of the Revised Code
and requires the
offender to attend,
for three consecutive days, a
drivers'
intervention program that
is certified pursuant to
section
3793.10 of the Revised Code. The
court also may suspend
the
execution of any part of the mandatory
jail term of three consecutive days
of
imprisonment that it is
required to impose by division
(G)(1)
of this section if
the court
places the offender
on probation
under a community control
sanction pursuant to section 2929.25 of the Revised Code for
part
of the three
consecutive days; requires the offender to
attend,
for that part
of the three consecutive days, a drivers'
intervention program
that is certified pursuant to section 3793.10
of the Revised
Code; and sentences the offender to a
jail term
of
imprisonment equal
to the remainder of the three consecutive days
that the offender
does not spend attending the drivers'
intervention program. The
court may require the offender, as a
condition of
probation
community control, to
attend and
satisfactorily complete any
treatment or education
programs, in
addition to the required
attendance at a drivers'
intervention
program, that the operators
of the drivers'
intervention program
determine that the offender
should attend
and to report
periodically to the court on the
offender's progress
in the
programs. The court also may impose
any other conditions of
probation
community control on the offender that it
considers
necessary.
(2) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to one violation of
section
1547.11 of the Revised Code, of a municipal ordinance
relating to
operating a watercraft or manipulating any water skis,
aquaplane,
or similar device while under the influence of alcohol,
a drug of
abuse, or
a combination of
them, of a municipal ordinance
relating to operating a watercraft
or manipulating any water
skis,
aquaplane, or similar device with
a prohibited
concentration of
alcohol in the
whole blood,
blood
serum or plasma, breath, or
urine, of division
(A)(1) of
section
2903.06 of the Revised Code,
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as
they existed prior to March 23,
2000, in a case in which
the jury
or judge found that the offender
was under the influence
of
alcohol, a drug of abuse, or
a combination of them, the
court
shall
sentence the offender to a
jail term
of imprisonment of
ten
consecutive
days and may sentence the offender pursuant to
section
2929.21
2929.24 of
the Revised Code to a longer
jail term
of
imprisonment. In
addition,
the court shall impose upon the
offender a fine of not
less than
one hundred fifty nor more than
one thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(3) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to more than one violation
identified in
division (G)(2) of this section,
the court shall
sentence the offender to a
jail term
of
imprisonment of thirty
consecutive days and may sentence the
offender to a longer
jail
term
of
imprisonment of not more than one
year. In addition, the
court
shall impose upon the offender a
fine of not less than one
hundred
fifty nor more than one
thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(4) Upon a showing that
imprisonment
serving a jail term
would seriously
affect
the ability of an offender sentenced
pursuant to division
(G)(1),
(2), or (3) of this section to
continue the offender's
employment,
the court may authorize that
the offender be granted work release
from imprisonment after the
offender has served the
mandatory jail term of three, ten,
or
thirty consecutive days
of imprisonment that the court is
required
by division (G)(1), (2), or (3) of this section to
impose. No
court shall authorize work release
from imprisonment
during the
mandatory jail term of
three, ten, or thirty consecutive days
of
imprisonment
that the
court is required by division (G)(1), (2),
or (3) of
this section
to impose. The duration of the work
release shall
not exceed the
time necessary each day for the
offender to
commute to and from
the place of employment and the
place
of
imprisonment
in which the jail term is served and the
time
actually spent under employment.
(5) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program
in lieu of
imprisonment
being imprisoned or serving a jail term,
no court shall suspend the
mandatory jail term of ten or thirty
consecutive days
of imprisonment required to be imposed by
division (G)(2) or (3) of this section or place an offender who
is
sentenced pursuant to division (G)(2) or (3) of this section
in
any treatment program in lieu of
imprisonment
being imprisoned or
serving a jail term until after the
offender has served the
mandatory jail term of ten or thirty consecutive days
of
imprisonment required to be imposed pursuant to division (G)(2)
or
(3) of this section. Notwithstanding any section of the
Revised
Code that authorizes the suspension of the imposition or
execution
of a sentence or the placement of an offender in any
treatment
program in lieu of
imprisonment
being imprisoned or serving a jail
term, no court, except as
specifically
authorized by division
(G)(1) of this section, shall
suspend the
mandatory jail term of
three consecutive days
of imprisonment required to be
imposed by
division (G)(1) of this section or place an offender
who is
sentenced pursuant to division (G)(1) of this section in
any
treatment program in lieu of imprisonment until after the
offender
has served the
mandatory jail term of three consecutive days
of
imprisonment
required to
be imposed pursuant to division (G)(1) of
this
section.
(6) As used in division (G) of this section, "jail term" and
"mandatory jail term" have the same meanings as in section 2929.01
of the Revised Code.
(H) Whoever violates section 1547.304 of the Revised Code
is
guilty of a misdemeanor of the fourth degree and also shall be
assessed any costs incurred by the state or a county, township,
municipal corporation, or other political subdivision in
disposing
of an abandoned junk vessel or outboard motor, less any
money
accruing to the state, county, township, municipal
corporation, or
other political subdivision from that
disposal.
(I) Whoever violates division (B) or (C) of section
1547.49
of the Revised Code is guilty of a minor misdemeanor.
(J) Whoever violates section 1547.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree on a first offense.
On each subsequent
offense, the person is guilty of a misdemeanor
of the third degree.
(K) Whoever violates section 1547.05 or 1547.051 of the
Revised Code is guilty
of a misdemeanor of the fourth degree if
the violation is not related to a
collision, injury to a person,
or damage to property and a misdemeanor of the
third degree if the
violation is related to a collision, injury to a person,
or damage
to property.
(L) The sentencing court, in addition to the penalty
provided
under this section for a violation of this chapter or a
rule adopted under it
that involves a powercraft powered by more
than ten horsepower and that, in
the opinion of the court,
involves a threat to the safety of persons or
property, shall
order the offender to complete successfully a boating course
approved by the national association of state boating law
administrators
before the offender is allowed to operate a
powercraft powered by more than
ten horsepower on the waters in
this state. Violation of a court order
entered under this
division is punishable as contempt under Chapter
2705. of the
Revised Code.
Sec. 1702.80. (A) As used in this section:
(1)
"Qualified nonprofit corporation" means a nonprofit
corporation that is established under this chapter and to which
all of the following apply:
(a) The nonprofit corporation is a tax-exempt charitable
organization;
(b) The nonprofit corporation has other organizations as
members, and at least twenty of its members are tax-exempt
charitable organizations;
(c) The nonprofit corporation, together with its members
that are organizations, owns, leases, occupies, or uses an area
of
not less than three hundred acres within which its police
department established under division (B) of this section will
provide police services;
(d) The chief of police of each municipal corporation
within
which the police department of the nonprofit corporation
will be
eligible to provide police services has given approval
for persons
who are appointed as police officers of that
department to carry
out their powers and duties as police
officers.
(2)
"Authorizing agreement" means the written agreement
entered into between a qualified nonprofit corporation and a
municipal corporation pursuant to division (B) of this section
for
the provision of police services within the municipal
corporation
by the police department of the nonprofit corporation
established
under division (B) of this section.
(3)
"Tax exempt" means that a corporation or organization
is
exempt from federal income taxation under subsection 501(a)
and is
described in subsection 501(c)(3) of the Internal Revenue
Code,
and that the corporation or organization has received from
the
internal revenue service a determination letter that
currently is
in effect stating that the corporation or
organization is exempt
from federal income taxation under that
subsection and is
described in that subsection.
(4)
"Internal Revenue Code" means the
"Internal Revenue
Code
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.
(5)
"Felony"
has the same meaning as in section 109.511 of
the Revised Code.
(B) A qualified nonprofit corporation may establish a
police
department to provide police services, subject to the
requirements
and limitations set forth in this division and
divisions (C) and
(D) of this section, within one or more
municipal corporations.
Subject to division (E) of
this section, the board of trustees of
a qualified
nonprofit corporation that establishes a police
department may
appoint persons as police officers of the
department, and the
corporation may employ the persons so
appointed as police
officers.
A person so appointed and employed as a police officer is
authorized to act as a police officer only to the extent and in
the manner described in this section and only when directly
engaged in the discharge of that person's duties as a police
officer for
the qualified nonprofit corporation. No person so
appointed and
employed as a police officer shall engage in any
duties or
activities as a police officer for a police department
established by a qualified nonprofit corporation unless both of
the following apply:
(1) The person successfully has completed a training
program
approved by the Ohio peace officer training commission and
has
been certified by the commission as having successfully
completed
the training program, or the person previously has
successfully
completed a police officer basic training program
certified by the
commission and has been awarded a certificate to
that effect by
the commission.
(2) The qualified nonprofit corporation has entered into a
written authorizing agreement, as described in division (C) of
this section, with the chief of police of each municipal
corporation within which the police department of the qualified
nonprofit corporation will provide police services.
(C) An authorizing agreement entered into between a
qualified nonprofit corporation and a chief of police of a
municipal corporation shall apply only to the agreeing municipal
corporation, and a separate authorizing agreement shall be
entered
into for each municipal corporation within which the
police
department of the qualified nonprofit corporation will
provide
police services. An authorizing agreement shall not
require, or
contain any provision granting authority to, the
chief of police
or any other officer, official, or employee of
the municipal
corporation that enters into the agreement, to
appoint or to
approve or disapprove the appointment of any police
officer
appointed and employed by the qualified nonprofit
corporation
police department under division (B) of this section.
An
authorizing agreement shall comply with any statutes and with
any
municipal charter provisions, ordinances, or resolutions that
may
apply to it. An authorizing agreement may prescribe, but is
not
limited to, any of the following:
(1) The geographical territory within the municipal
corporation in which the police department established by the
qualified nonprofit corporation under division (B) of this
section
may provide police services;
(2) The standards and criteria to govern the interaction
between the police officers employed by the police department
established by the qualified nonprofit corporation under division
(B) of this section and the law enforcement officers employed by
the municipal corporation, which standards and criteria may
include, but are not limited to, either of the following:
(a) Provisions governing the reporting of offenses
discovered by the police officers employed by the qualified
nonprofit corporation police department to the police department
of the municipal corporation;
(b) Provisions governing the processing and confinement of
persons arrested by police officers of the qualified nonprofit
corporation police department.
(3) Any limitation on the qualified nonprofit corporation
police department's enforcement of municipal traffic ordinances
and regulations;
(4) The duration, if any, of the agreement.
(D) If a qualified nonprofit corporation establishes a
police department under this section, the qualified nonprofit
corporation, within the geographical territory specified for each
municipal corporation that has entered into an authorizing
agreement with it, concurrently with the municipal
corporation,
shall preserve the peace, protect persons and property,
enforce
the laws of the state, and enforce the charter
provisions,
ordinances, and regulations of the political
subdivisions of the
state that apply within that territory. Except as limited
by the
terms of any applicable authorizing
agreement, each police officer
who is employed by a police
department established by a qualified
nonprofit corporation and
who satisfies the requirement set forth
in division (B)(1) of
this section is vested, while directly in
the discharge of
that police officer's duties as a police officer,
with the same powers and
authority as
are vested in a police
officer of a municipal corporation under
Title XXIX of the Revised
Code and the Rules of Criminal
Procedure, and with the same powers
and authority, including the
operation of a public safety vehicle,
as are vested in a police
officer of a municipal corporation under
Chapter 4511. of the
Revised Code.
(E)(1) The board of trustees of a qualified
nonprofit
corporation that establishes a police department shall
not appoint
a person as a police officer of the department
pursuant to
division (B) of this section on a permanent
basis, on a temporary
basis, for a probationary term, or on other
than a permanent basis
if the person previously has been
convicted of or has pleaded
guilty to a felony.
(2)(a) The board of trustees of a qualified
nonprofit
corporation shall terminate the employment of a
police officer of
its police department appointed under division
(B) of this section
if the police officer does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the police
officer agrees to
surrender the certificate awarded to the
police officer under
section 109.77 of the
Revised Code.
(b) The board of trustees of a qualified
nonprofit
corporation shall suspend from employment a police
officer of its
police department appointed under division
(B) of this section if
the police officer is convicted,
after trial, of a felony. If the
police officer
files an appeal from that conviction and the
conviction is upheld by the
highest court to which the
appeal is
taken or if the police officer does not file a timely
appeal, the
board shall terminate the employment of that police
officer. If
the police officer files an appeal that results in
the police
officer's acquittal of the felony or conviction of a
misdemeanor,
or in the dismissal of
the felony charge against the police
officer, the board shall
reinstate that police officer. A police
officer who is
reinstated under division (E)(2)(b) of
this section
shall not receive any back pay unless that police
officer's
conviction
of the felony was reversed on appeal, or the
felony
charge was dismissed, because the court
found insufficient
evidence to convict the police officer of the
felony.
(3) Division (E) of this section does not apply
regarding an
offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a police officer under division (E)(2) of this
section shall be in
accordance with Chapter 119. of the Revised
Code.
Sec. 1713.50. (A) As used in this section:
(1)
"Political subdivision" means a county, municipal
corporation, or township.
(2)
"Private college or university" means a college or
university that has all of the following characteristics:
(a) It is not owned or controlled by the state or any
political subdivision of the state.
(b) It provides a program of education in residence
leading
to a baccalaureate degree or provides a program of
education in
residence, for which the baccalaureate degree is a
prerequisite,
leading to an academic or professional degree.
(c) It is accredited by the north central association or
another nationally recognized agency that accredits colleges and
universities.
(3)
"Felony"
has the same meaning as in section 109.511 of
the Revised Code.
(B) The board of trustees of a private college or
university
may establish a campus police department and appoint
members of
the campus police department to act as police
officers. The board
shall assign duties to the members of a
campus police department
that shall include the enforcement of
the regulations of the
college or university. Subject to division (E) of this
section,
the board shall appoint as members of a campus police department
only
those persons who
have successfully completed a training
program approved by the
Ohio peace officer training commission and
have been certified as
having done so or who have previously
successfully completed a
police officer basic training program
certified by the commission
and have been awarded a certificate to
that effect by the
commission.
Members of a campus police department shall not be
reimbursed
with state funds for any training they receive or be
eligible to
participate in any state or municipal retirement
system. The
uniforms, vehicles, and badges of members of a
campus police
department shall be distinct from those of the law
enforcement
agencies of the political subdivisions in which the
private
college or university that established the campus police
department is located.
(C) Each member of a campus police department appointed
under division (B) of this section is vested, while directly in
the discharge of that member's duties as a police officer, with
the
same powers and authority that are vested in a police officer
of a
municipal corporation or a county sheriff under Title XXIX of
the
Revised Code and the Rules of Criminal Procedure, including
the
same powers and authority relating to the operation of a
public
safety vehicle that are vested in a police officer of a
municipal
corporation or a county sheriff under Chapter 4511. of
the
Revised Code. Except as otherwise provided in this division,
members of a campus police department may exercise, concurrently
with the law enforcement officers of the political subdivisions
in
which the private college or university is located, the powers
and
authority granted to them under this division in order to
preserve
the peace, protect persons and property, enforce the
laws of this
state, and enforce the ordinances and regulations of
the political
subdivisions in which the private college or
university is
located, but only on the property of the private
college or
university that employs them. The board of trustees
of a private
college or university may enter into an agreement
with any
political subdivision pursuant to which the
members of the campus
police department of the college or
university may exercise within
that
political subdivision, but outside the property of the
college or
university, the powers and authority granted to them
under this
division. A member of a campus police department has
no
authority to serve civil process.
(D) Except as otherwise provided in this division, the
board
of trustees of a private college or university shall
provide to
each member of a campus police department appointed
under division
(B) of this section, without cost to the member,
liability
insurance coverage that insures the member against any
liability
that may arise out of or in the course of the member's
employment
and that is in an amount of not less than two hundred
fifty
thousand dollars. A board of trustees may provide the
liability
coverage required by this division by self-insurance.
(E)(1) The board of trustees of a private
college or
university that establishes a campus police department
shall not
appoint a person as a member of the campus police
department
pursuant to division (B) of this section on a
permanent basis, on
a temporary basis, for a probationary term,
or on other than a
permanent basis if the person previously has
been convicted of or
has pleaded guilty to a felony.
(2)(a) The board of trustees of a private
college or
university shall terminate the employment of a
member of its
campus police department appointed under division
(B) of this
section if the member does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division
(D) of section
2929.29
2929.43 of the
Revised Code in which the member agrees
to
surrender the certificate awarded to that member under
section
109.77 of the Revised
Code.
(b) The board of trustees of a private college
or university
shall suspend from employment a member of its
campus police
department appointed under division (B) of
this section if the
member is convicted, after trial, of a
felony. If the member of
the campus police
department files an appeal from that conviction
and the conviction is upheld
by the highest
court to which the
appeal is taken or if the member does not file
a timely appeal,
the board shall terminate the employment of that
member. If the
member of the campus police department files an
appeal that
results in that member's acquittal of the felony
or conviction of
a misdemeanor,
or in the dismissal of the felony charge against
that member,
the board shall reinstate that member. A member of a
campus
police department who is reinstated under division
(E)(2)(b) of this section shall not receive
any back pay unless
that member's conviction of the felony
was reversed on appeal, or
the felony charge was
dismissed, because the court found
insufficient evidence to
convict the member of the felony.
(3) Division (E) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a member of a campus police department under
division (E)(2) of
this section shall be in accordance with
Chapter 119. of the Revised Code.
Sec. 1905.033. (A) The mayor of a municipal corporation who
conducts a mayor's court shall register annually with the supreme
court as provided in this division. The mayor shall file the
registration on a form prescribed by the supreme court and not
later than the fifteenth day of January in any year in which the
mayor conducts a mayor's court or at least fifteen days before the
mayor first
conducts a mayor's
court in a particular year,
whichever is later. The registration shall
include the name of
the
mayor, the name of any magistrate appointed by the mayor
pursuant to
section 1905.05 of the Revised Code, and the dates on
which
the
mayor and magistrate last received the training required
by section
1901.031 of the Revised Code.
(B) The mayor of any municipal corporation who conducts a
mayor's
court shall make the following reports:
(1) A report to the supreme court of all cases filed,
pending, or terminated
in
the mayor's court in the reporting
period covered by the report, and any financial, dispositional,
and other
information that
the supreme court prescribes by rule.
The mayor
shall make the
report under division (B)(1) of this
section on a
form prescribed
by the supreme court and not later
than the
fifteenth day of
January, April, July, and October
of
each year.
The report shall cover all cases filed, pending, or
terminated in
the mayor's court for the calendar quarter preceding
the
appropriate filing date.
(2) A report to the bureau of criminal identification and
investigation of every conviction in the mayor's court for an
offense
that is a misdemeanor on a first offense and a felony on
any subsequent
offense. The mayor shall make the report under
division (B)(2) of
this section upon entry of the judgment of
conviction for the
offense.
(C) A mayor of a municipal corporation who fails to comply
with the general law on
registering and reporting under this
section shall not conduct a mayor's court.
Sec. 2152.02. As used in this chapter:
(A) "Act charged" means the act that is identified in a
complaint,
indictment, or information alleging that a child is a
delinquent child.
(B) "Admitted to a department of youth services facility"
includes admission to a facility operated, or contracted for, by
the
department and admission to a comparable facility outside
this
state by another state or the United States.
(C)(1) "Child" means a person who is under eighteen years of
age,
except as otherwise provided in divisions (C)(2) to (6) of
this
section.
(2) Subject to division (C)(3) of this section, any person
who
violates a federal or state law or a municipal ordinance prior
to
attaining eighteen years of age shall be deemed a "child"
irrespective of that person's age at the time the complaint with
respect to that violation is filed or the hearing on the complaint
is held.
(3) Any person who, while under eighteen years of age,
commits an
act that would be a felony if committed by an adult and
who is not taken
into custody or apprehended for that act until
after the person attains
twenty-one years of age is not a child in
relation to that act.
(4) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code shall
be deemed
after the transfer not to be a child in the transferred
case.
(5) Any person whose case is transferred for criminal
prosecution
pursuant to section 2152.12 of the Revised Code and
who
subsequently is convicted of or pleads guilty to a felony in
that case,
and any person who is
adjudicated a delinquent child
for the commission of an act, who has a serious
youthful offender
dispositional sentence imposed for the act pursuant to section
2152.13 of the Revised Code,
and whose adult portion of the
dispositional sentence is invoked pursuant to section 2152.14 of
the Revised Code,
shall
be deemed after the transfer or invocation
not to be a child in any case in
which a complaint is filed
against the person.
(6) The juvenile court has jurisdiction over a person who is
adjudicated a delinquent child or juvenile traffic offender prior
to
attaining eighteen years of age until the person attains
twenty-one
years of age, and, for purposes of that jurisdiction
related to
that adjudication, a person who is so adjudicated a
delinquent
child or juvenile traffic offender shall be deemed a
"child" until
the person attains twenty-one years of age.
(D) "Chronic truant" means any child of compulsory school
age who
is absent without legitimate excuse for absence from the
public school the
child is supposed to attend for seven or more
consecutive school days, ten or
more school days in one school
month, or fifteen or more school days in a
school
year.
(E) "Community corrections facility," "public safety beds,"
"release authority," and "supervised release" have the same
meanings as
in section 5139.01 of the Revised Code.
(F) "Delinquent child" includes any of the following:
(1) Any child, except a juvenile traffic offender, who
violates
any law of this state or the United States, or any
ordinance
of a
political subdivision of the state, that would be
an offense if committed
by an adult;
(2) Any child who violates any lawful order of the court
made
under this chapter or under Chapter 2151. of the Revised
Code
other than an order issued under section 2151.87 of the Revised
Code;
(3) Any child who violates division (A) of section 2923.211
of the Revised Code;
(4) Any child who is a habitual truant and who previously
has been
adjudicated an unruly child for being a habitual truant;
(5) Any child who is a chronic truant.
(G) "Discretionary serious youthful
offender" means a person
who is eligible for a discretionary SYO
and who is not transferred
to adult court under a mandatory or
discretionary transfer.
(H) "Discretionary SYO" means a case
in which the juvenile
court, in the juvenile court's discretion, may
impose a
serious
youthful offender disposition
under section 2152.13 of the Revised
Code.
(I) "Discretionary transfer" means that the juvenile court
has
discretion to transfer a case for criminal prosecution under
division
(B) of section 2152.12 of the Revised Code.
(J) "Drug abuse offense," "felony drug abuse offense," and
"minor
drug possession offense" have the same meanings as in
section 2925.01 of
the Revised Code.
(K) "Electronic monitoring" and "electronic monitoring
device,"
"certified electronic
monitoring device," "electronically
monitored house arrest,"
"electronic
monitoring system," and
"certified electronic
monitoring system" have the same meanings as
in section
2929.23
2929.01 of
the Revised Code.
(L) "Economic loss" means any economic detriment suffered by
a
victim of a delinquent act as a result of the delinquent act and
includes any loss of income due to lost time at work because of
any injury caused to the victim and any property loss, medical
cost, or funeral expense incurred as a result of the delinquent
act.
(M) "Firearm" has the same meaning as in section 2923.11 of
the
Revised Code.
(N) "Juvenile traffic offender" means any child who violates
any
traffic law, traffic ordinance, or traffic regulation of this
state, the
United States, or any political subdivision of this
state,
other than a resolution, ordinance, or regulation of a
political subdivision
of this state the violation of which is
required
to be handled by a parking violations bureau or a joint
parking
violations bureau pursuant to Chapter 4521. of the Revised
Code.
(O) A "legitimate excuse for absence from the public school
the
child is supposed to attend" has the same meaning as in
section 2151.011 of the Revised Code.
(P) "Mandatory serious
youthful offender" means a person who
is eligible for a mandatory
SYO and who is not transferred to
adult court
under a mandatory or discretionary transfer.
(Q)
"Mandatory SYO" means a case in which the juvenile court
is
required to impose a mandatory serious youthful offender
disposition under
section 2152.13 of
the Revised Code.
(R) "Mandatory transfer" means that a case is required to be
transferred for criminal prosecution under division (A) of section
2152.12 of the Revised Code.
(S) "Mental illness" has the same meaning as in section
5122.01
of the Revised Code.
(T) "Mentally retarded person" has the same meaning as in
section
5123.01 of the Revised Code.
(U) "Monitored time" and "repeat violent offender" have the
same
meanings as in section 2929.01 of the Revised Code.
(V) "Of compulsory school age" has the same meaning as in
section
3321.01 of the Revised Code.
(W) "Public record" has the same meaning as in section
149.43 of
the Revised Code.
(X) "Serious youthful
offender" means a person who is
eligible for a mandatory SYO or
discretionary SYO but who is not
transferred to adult court under
a mandatory or discretionary
transfer.
(Y) "Sexually oriented offense,"
"habitual sex
offender,"
"juvenile sex offender registrant," and "sexual
predator" have the
same
meanings as in
section 2950.01 of
the Revised Code.
(Z) "Traditional juvenile" means a case that is not
transferred to adult court under a mandatory or discretionary
transfer,
that is
eligible for
a disposition under
sections
2152.16, 2152.17,
2152.19, and 2152.20 of the Revised Code, and
that is not
eligible
for a disposition under
section 2152.13 of
the Revised
Code.
(AA) "Transfer" means the transfer for criminal prosecution
of a
case involving the alleged commission by a child of an act
that
would be an offense if committed by an adult from the
juvenile
court to the appropriate court that has jurisdiction of
the
offense.
(BB) "Category one offense" means any of the following:
(1) A violation of section 2903.01 or 2903.02 of the Revised
Code;
(2) A violation of section 2923.02 of the Revised Code
involving
an attempt to commit aggravated murder or murder.
(CC) "Category two offense" means any of the following:
(1) A violation of section 2903.03, 2905.01, 2907.02,
2909.02,
2911.01, or 2911.11 of the Revised Code;
(2) A violation of section 2903.04 of the Revised Code
that
is a
felony of the first degree;
(3) A violation of section 2907.12 of the Revised Code
as it
existed prior to September 3, 1996.
Sec. 2152.19. (A) If a child is adjudicated a delinquent
child,
the court may make any of the following orders of
disposition, in
addition to any other disposition authorized or
required by this
chapter:
(1) Any
order that is authorized by section 2151.353 of the
Revised Code for the care and protection of an abused,
neglected,
or
dependent child;
(2) Commit the child to the temporary custody of any school,
camp, institution, or other facility operated for the care of
delinquent
children by the county, by a district organized under
section
2152.41 or 2151.65 of the Revised Code, or by a private
agency or organization, within or without the state, that is
authorized and
qualified to provide the care, treatment, or
placement required;
(3) Place the child on community control under any
sanctions, services,
and conditions that the court prescribes. As
a condition of
community control in every case and in addition to
any other
condition that it imposes upon the child, the court
shall require the child
to abide by the law during the period of
community control. As
referred to in this division, community
control includes, but is
not limited to, the following sanctions
and conditions:
(a) A period of basic probation supervision in which the
child is required to maintain contact with a person appointed to
supervise the
child in accordance with sanctions
imposed by the
court;
(b) A period of intensive probation supervision in which
the
child is required to maintain frequent contact with a person
appointed by
the court to supervise
the child while the child is
seeking or maintaining employment and
participating in training,
education, and treatment programs as
the order of disposition;
(c) A period of day reporting in which the child is
required
each day to report to and leave a center or another approved
reporting location at specified
times in order to participate in
work, education or training,
treatment, and other approved
programs at the center or outside
the center;
(d) A period of community service of up to five hundred
hours for an act that would be a felony or a misdemeanor of the
first degree
if committed by an adult,
up to two hundred hours for
an act that would be a misdemeanor of the second,
third, or fourth
degree
if committed by an adult, or up to thirty hours for an act
that
would be a minor misdemeanor if committed by an adult;
(e) A requirement that the child obtain a high school
diploma, a
certificate of high school equivalence, vocational
training, or
employment;
(f) A period of drug and alcohol use monitoring;
(g) A requirement of alcohol or drug assessment or
counseling, or a period in an alcohol or drug treatment program
with a level
of security for the child
as determined necessary by
the court;
(h) A period in which the court orders the child to
observe
a curfew that may involve daytime or evening hours;
(i) A requirement that the child serve monitored time;
(j) A period of house arrest
with or without electronic
monitoring;
(k) A period of electronic monitoring without house arrest
or
electronically monitored house arrest
with electronic monitoring
that does not exceed the
maximum
sentence of imprisonment
that
could be imposed upon an
adult who commits the same act.
A period of
electronically monitored house arrest
with
electronic monitoring imposed
under
this division shall not extend
beyond the child's
twenty-first birthday. If a
court
imposes a
period of
electronically monitored house arrest
with electronic
monitoring upon a
child under this
division, it shall require the
child:
to wear,
otherwise have
attached to the child's person, or
otherwise be
subject to
monitoring by a certified electronic
monitoring device
or to
participate in the operation of and
monitoring by a
certified
electronic monitoring system; to remain
in the child's
home or
other specified premises for the entire
period of
electronically
monitored house arrest
with electronic
monitoring except when the court
permits the child to
leave those
premises to go to school or to
other specified
premises; to be
monitored by a central system that
can determine
the child's
location at designated times; to report
periodically
to a person
designated by the court; and to enter
into a written
contract with
the court agreeing to comply with all
requirements
imposed by the
court, agreeing to pay any fee imposed
by the court
for the costs
of the
electronically monitored house
arrest
with electronic
monitoring, and
agreeing to waive the right to receive credit for
any
time served
on
electronically monitored house arrest
with
electronic monitoring toward the
period of any
other dispositional
order imposed upon the child if
the child
violates any of the
requirements of the dispositional
order of
electronically
monitored house arrest
with electronic monitoring. The court also
may impose
other reasonable requirements upon the child.
Unless ordered by the court, a child shall not receive credit
for any time
served on
electronically monitored house arrest
with
electronic monitoring
toward any other dispositional
order imposed
upon the child for
the act for which was imposed the
dispositional
order of
electronically monitored house arrest
with electronic
monitoring.
(l) A suspension of the driver's license, probationary
driver's
license, or temporary instruction permit issued to the
child
for a period of time prescribed by the court, or a
suspension
of the
registration of all motor vehicles
registered in
the name of the child
for a period of time prescribed by the
court. A child whose license or
permit is so suspended is
ineligible for issuance of a license or
permit during the period
of suspension. At the end of the period
of suspension, the child
shall not be reissued a license or permit
until the child has paid
any applicable reinstatement fee and
complied with all
requirements governing license reinstatement.
(4) Commit the child to the custody of the
court;
(5)
Require the child to not be absent without legitimate
excuse from
the public school the child is supposed to attend for
five or more
consecutive days, seven or more school days in one
school month, or
twelve or more school days in a school year;
(6)(a) If a child is adjudicated a delinquent child for
being a
chronic truant or an habitual truant who previously has
been adjudicated an
unruly child for being a
habitual truant, do
either or both of the following:
(i) Require the child to participate in a truancy prevention
mediation program;
(ii) Make any order of disposition as authorized by this
section,
except that the court shall not commit the child to a
facility described
in division (A)(2) of this section unless the
court
determines that the child violated a lawful court order made
pursuant to
division (C)(1)(e) of section 2151.354 of the
Revised
Code
or division (A)(5) of this section.
(b) If a child is adjudicated a delinquent child for being a
chronic truant or a habitual truant who previously has been
adjudicated an
unruly child for being a
habitual truant and the
court determines that the parent,
guardian, or other person having
care of the child has failed to
cause the child's attendance at
school in violation of section
3321.38 of the Revised Code, do
either or both of the
following:
(i) Require the parent, guardian, or other person having
care of
the child to participate in a truancy prevention mediation
program;
(ii) Require the parent, guardian, or other person having
care of
the child to participate in any community service program,
preferably a
community service program that
requires the
involvement of the parent, guardian, or other person
having care
of the child in the school attended by the child.
(7) Make any further disposition that the court finds
proper,
except that the child shall not be placed in any of the
following:
(a) A state correctional institution, a county, multicounty,
or
municipal jail or workhouse, or another place in which an adult
convicted of a crime, under arrest, or charged with a crime is
held;
(b) A community corrections facility, if the child would be
covered by the definition of public safety beds for purposes of
sections
5139.41 to 5139.45 of the Revised Code if the court
exercised its authority to commit the child to the legal custody
of the
department of youth services for institutionalization
or
institutionalization in a secure facility pursuant to this
chapter.
(B) If a child is adjudicated a delinquent child, in
addition to
any order of disposition made under division (A) of
this section, the
court, in
the following situations
and for the
specified periods of time, shall
suspend the child's temporary
instruction
permit, restricted
license, probationary driver's
license, or nonresident
operating
privilege, or suspend the
child's ability to obtain such a permit:
(1)
If the child is adjudicated a delinquent child for
violating
section 2923.122 of the Revised Code,
impose a class
four suspension of the
child's license, permit, or privilege from
the range specified in
division (A)(4) of section 4510.02 of the
Revised Code or deny the
child the issuance of a license or permit
in accordance with
division
(F)(1) of section 2923.122 of
the
Revised Code.
(2)
If the child is adjudicated a delinquent child for
committing an
act that if committed by an adult would be a drug
abuse offense
or for violating
division (B) of section 2917.11 of
the Revised
Code,
suspend the child's license, permit, or
privilege for a period of time prescribed by the court. The court,
in its discretion, may terminate the suspension
if the child
attends and
satisfactorily completes a drug abuse or
alcohol abuse
education,
intervention, or treatment program
specified by the
court. During
the time the child is attending
a program
described in this division, the
court shall retain
the child's
temporary instruction permit, probationary
driver's license, or
driver's
license, and the
court shall return the permit or
license
if it terminates the
suspension as described in this
division.
(C) The court may establish a victim-offender mediation
program
in which victims and their offenders meet to discuss the
offense and suggest
possible restitution. If the court obtains
the
assent of the victim of the delinquent act committed by the
child,
the court may require the child to participate in the
program.
(D)(1) If a child is adjudicated a delinquent child for
committing an act that would be a felony if committed by an adult
and if the
child caused, attempted to cause, threatened to
cause,
or created a risk of physical harm to the victim of the
act, the
court, prior to issuing an order of disposition under
this
section, shall order the preparation of a victim impact
statement
by the probation department of the county in which the
victim of
the act resides, by the court's own probation department, or by a
victim assistance program that is operated by the state, a county,
a municipal
corporation, or another governmental entity. The court
shall
consider the victim impact statement in determining the
order of
disposition to issue for the child.
(2) Each victim impact statement shall identify the victim
of the
act for which the child was adjudicated a delinquent child,
itemize any
economic loss suffered by the victim as a result of
the act,
identify any physical injury suffered by the victim as a
result of
the act and the seriousness and permanence of the
injury, identify
any change in the victim's personal welfare or
familial
relationships as a result of the act and any
psychological impact
experienced by the victim or the victim's
family as a result of the act, and
contain any other
information
related to the impact of the act upon the victim that the
court
requires.
(3) A victim impact statement shall be kept confidential and
is
not a public record. However, the court may furnish copies of
the statement
to the department of youth services if the
delinquent child
is committed to the department or to both the
adjudicated
delinquent child or the adjudicated delinquent child's
counsel and
the prosecuting attorney. The copy of a victim impact
statement
furnished by the court to the department pursuant to
this section
shall be kept confidential and is not a public
record.
If an officer is preparing pursuant to section 2947.06 or
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence
investigation report pertaining to a person, the court shall make
available to the officer, for use in preparing the report, a copy
of any victim impact statement regarding that person. The copies
of a victim
impact statement that are made
available to the
adjudicated delinquent child or the adjudicated
delinquent child's
counsel and the
prosecuting attorney pursuant
to this division
shall be returned to the
court by the person to
whom they were
made available
immediately following the imposition
of an order of
disposition for the
child under this chapter.
The copy of a victim impact statement that is made available
pursuant to this division to an officer preparing a criminal
presentence investigation report shall be returned to the court by
the officer immediately following its use in preparing the report.
(4) The department of youth services shall work with local
probation departments and victim assistance programs to develop a
standard victim impact statement.
(E) If a child is adjudicated a delinquent child for being a
chronic
truant or an habitual truant who previously has been
adjudicated an
unruly child for being an habitual truant and the
court determines that
the parent, guardian, or other person having
care of the child has
failed to cause the child's attendance at
school in violation of
section 3321.38 of the Revised Code, in
addition to any
order of
disposition it makes under this section,
the court shall warn the
parent, guardian, or other person having
care of the child that
any subsequent adjudication of the child as
an unruly or
delinquent child for being an habitual or chronic
truant may
result in a criminal charge against the parent,
guardian, or other
person having care of the child for a violation
of division (C) of
section 2919.21 or section 2919.24 of the
Revised Code.
(F)(1) During the period of a delinquent child's community
control granted under this section, authorized probation officers
who are
engaged within the scope of their supervisory duties
or
responsibilities may search, with or without a warrant, the
person
of the delinquent child, the place of residence of the
delinquent
child, and a motor vehicle, another item of tangible or
intangible
personal property, or other real property in which the
delinquent
child has a right, title, or interest or for which the
delinquent
child has the express or implied permission of a person with a
right, title, or interest to use, occupy, or possess if the
probation officers
have reasonable grounds to believe that the
delinquent child is not abiding by
the law or otherwise is not
complying with the conditions of the
delinquent child's community
control. The court that places a
delinquent child on community
control under this section shall
provide the delinquent child with
a written notice that informs
the delinquent child that authorized
probation officers who are
engaged within the scope of their
supervisory duties or responsibilities may
conduct those types of
searches during the period of community control if they
have
reasonable grounds to believe that the delinquent child is
not
abiding by the law or otherwise is not complying with the
conditions of the delinquent child's community control. The court
also shall provide the written notice described in division
(E)(2)
of this section to each
parent, guardian, or custodian of the
delinquent child who is described in
that
division.
(2) The court that places a child on community control under
this
section shall provide the child's parent, guardian, or other
custodian
with a written notice that informs them that authorized
probation
officers may conduct searches pursuant to division
(E)(1) of this
section. The notice shall specifically state that
a permissible
search might extend to a motor vehicle, another item
of tangible
or intangible personal property, or a place of
residence or other
real property in which a notified parent,
guardian, or custodian
has a right, title, or interest and that
the parent, guardian, or
custodian expressly or impliedly permits
the child to use, occupy,
or possess.
(G) If a juvenile court commits a delinquent child to the
custody of any person, organization, or entity pursuant to this
section and if the delinquent act for which the child is so
committed is a sexually oriented offense, the court in the order
of disposition
shall do one of the following:
(1) Require that the child be provided treatment as
described in division (A)(2) of section 5139.13 of the Revised
Code;
(2) Inform the person, organization, or entity
that it is
the
preferred course of action in this state that the
child be
provided treatment as described in division (A)(2) of
section
5139.13
of the Revised Code and encourage the
person,
organization,
or entity to provide that treatment.
Sec. 2152.20. (A) If a child is adjudicated a delinquent
child
or a juvenile traffic offender, the court may order any of
the
following dispositions, in addition to any other disposition
authorized or required by this chapter:
(1) Impose a fine in accordance with the following schedule:
(a) For an act that would be a minor misdemeanor or an
unclassified misdemeanor if committed by an adult, a fine not to
exceed
fifty dollars;
(b) For an act that would be a misdemeanor of the fourth
degree
if committed by an adult, a fine not to exceed one hundred
dollars;
(c) For an act that would be a misdemeanor of the third
degree if
committed by an adult, a fine not to exceed one hundred
fifty
dollars;
(d) For an act that would be a misdemeanor of the second
degree
if committed by an adult, a fine not to exceed two hundred
dollars;
(e) For an act that would be a misdemeanor of the first
degree if
committed by an adult, a fine not to exceed two hundred
fifty
dollars;
(f) For an act that would be a felony of the fifth degree or
an
unclassified felony if committed by an adult, a fine not to
exceed three
hundred dollars;
(g) For an act that would be a felony of the fourth degree
if
committed by an adult, a fine not to exceed four hundred
dollars;
(h) For an act that would be a felony of the third degree if
committed by an adult, a fine not to exceed seven hundred fifty
dollars;
(i) For an act that would be a felony of the second degree
if
committed by an adult, a fine not to exceed one thousand
dollars;
(j) For an act that would be a felony of the first degree if
committed by an adult, a fine not to exceed one thousand five
hundred
dollars;
(k) For an act that would be aggravated murder or murder if
committed by an adult, a fine not to exceed two thousand dollars.
(2) Require the child to pay costs;
(3) Require the child to make restitution to the victim of
the
child's delinquent act or, if the victim is deceased, to a
survivor of
the victim in an amount based upon the victim's
economic loss caused by
or related to the delinquent act.
Restitution required under this
division shall be made directly to
the victim in open court or to
the probation department that
serves the jurisdiction or the clerk
of courts on behalf of the
victim. The restitution may include
reimbursement to third
parties, other than the delinquent child's
insurer, for amounts
paid to the victim or to any survivor of the
victim for economic
loss resulting from the delinquent act. If
reimbursement to a
third party is required, the reimbursement
shall be made to any
governmental agency to repay any amounts the
agency paid to the
victim or any survivor of the victim before any
reimbursement is
made to any other person.
Restitution required under this division may be in the form
of a
cash reimbursement paid in a lump sum or in installments, the
performance of repair work to restore any damaged property to its
original condition, the performance of a reasonable amount of
labor for the victim or survivor of the victim, the performance of
community service work, any other form of restitution devised by
the court, or any combination of the previously described forms of
restitution.
The court may base the restitution order under this division
on an
amount recommended by the victim or survivor of the victim,
the
delinquent child, a presentence investigation report,
estimates or
receipts indicating the cost of repairing or
replacing property, and any
other information. If the amount of
the restitution is disputed
by the victim or survivor or by the
delinquent child, the court
shall hold a hearing on the
restitution. The court shall
determine, or order the
determination of, the amount of
restitution to be paid by the
delinquent child. All restitution
payments shall be credited
against any recovery of economic loss
in a civil action brought by
or on behalf of the victim against
the delinquent child or the
delinquent child's parent, guardian,
or other custodian.
The court may order that the delinquent child pay a
surcharge, in
an amount not exceeding five per cent of the amount
of restitution
otherwise ordered under this division, to the
entity responsible for
collecting and processing the restitution
payments.
The victim or the survivor of the victim may request that the
prosecuting authority file a motion, or the delinquent child may
file a
motion, for modification of the payment terms of any
restitution ordered
under this division, based on a substantial
change in the
delinquent child's ability to pay.
If the court
grants the motion, it may modify the payment terms as it
determines appropriate.
(4) Require the child to reimburse any or all of the costs
incurred for services or sanctions provided or imposed, including,
but
not limited to, the following:
(a) All or part of the costs of implementing any community
control imposed as a disposition under section 2152.19 of the
Revised Code, including a
supervision fee;
(b) All or part of the costs of confinement in a residential
facility described in section 2152.19 of the Revised Code or in a
department of youth services institution, including, but not
limited to, a per
diem fee for room and board, the costs of
medical and
dental treatment provided, and the costs of repairing
property the
delinquent child damaged while so confined. The
amount of
reimbursement ordered for a child under this division
shall not
exceed the total amount of
reimbursement the child is
able to pay as determined at a hearing and shall
not exceed the
actual cost of the confinement. The court may collect any
reimbursement ordered under this division. If the court
does not
order reimbursement under this division, confinement
costs may be
assessed pursuant to a repayment policy adopted under
section
2929.37 of the Revised Code and
division
(D)
of section 307.93,
division
(A) of section
341.19, division
(C) of
section
341.23
or
753.16, or
division
(B) of
section
341.14, 753.02,
753.04,
2301.56,
or
2947.19 of the
Revised Code.
(B)(1) If a child is adjudicated a delinquent child for
violating
section 2923.32 of the Revised Code, the court shall
enter an
order of criminal forfeiture against the child in
accordance with
divisions (B)(3), (4), (5), and (6) and (C) to (F)
of section
2923.32 of the Revised Code.
(2) Sections 2925.41 to 2925.45 of the Revised Code
apply to
children who are adjudicated or could be adjudicated by a juvenile
court to be delinquent children for an act that, if committed by
an adult,
would be a felony drug abuse offense. Subject to
division (B) of
section 2925.42 and division (E) of section
2925.43 of the
Revised Code, a
delinquent child of that nature
loses any right to the possession of, and
forfeits to the state
any right, title, and interest that the delinquent child
may have
in, property as defined in section 2925.41 of the Revised Code and
further described in section 2925.42 or 2925.43 of the Revised
Code.
(3) Sections 2923.44 to 2923.47 of the Revised Code
apply to
children who are adjudicated or could be adjudicated by a juvenile
court to be delinquent children for an act in violation of section
2923.42 of
the Revised Code. Subject to division (B) of
section
2923.44 and division (E) of section 2923.45 of the
Revised Code, a
delinquent child of that nature loses any right to
the possession
of, and forfeits to the state any right, title, and interest
that
the
delinquent child may have in, property as defined in section
2923.41 of the Revised Code and
further described in section
2923.44
or 2923.45 of the Revised Code.
(C) The court may hold a hearing if necessary to determine
whether a child is able to pay a sanction under this section.
(D) If a child who is adjudicated a delinquent child is
indigent,
the court shall consider imposing a term of community
service under
division (A) of section 2152.19 of the Revised Code
in
lieu of imposing a financial sanction under this section. If a
child who is
adjudicated a delinquent child is not indigent, the
court may impose a term of
community service under that division
in lieu of, or in addition
to, imposing a financial sanction under
this section. The court
may order community service for an act
that if committed by an
adult would be a minor misdemeanor.
If a child fails to pay a financial sanction imposed under
this
section, the court may impose a term of community service in
lieu of the
sanction.
(E) The clerk of the court, or another person authorized by
law
or by the court to collect a financial sanction imposed under
this
section, may do any of the following:
(1) Enter into contracts with one or more public agencies or
private vendors for the collection of the amounts due under the
financial sanction, which amounts may include interest from the
date of
imposition of the financial sanction;
(2) Permit payment of all, or any portion of, the financial
sanction in installments, by credit or debit card, by another type
of
electronic transfer, or by any other reasonable method, within
any
period of time, and on any terms that the court considers
just,
except that the maximum time permitted for payment shall not
exceed five years. The clerk may pay any fee associated with
processing an electronic transfer out of public money and may
charge the fee
to
the delinquent child.
(3) To defray administrative costs, charge a reasonable fee
to a
child who elects a payment plan rather than a lump sum
payment of a
financial sanction.
Sec. 2301.03. (A) In Franklin county, the judges of the
court of common pleas whose terms begin on January 1, 1953,
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,
1997, and
successors, shall have the same qualifications, exercise
the same
powers and jurisdiction, and receive the same
compensation as
other judges of the court of common pleas of
Franklin county and
shall be elected and designated as judges of
the court of common
pleas, division of domestic relations. They
shall have all the
powers relating to juvenile courts, and all
cases under
Chapters 2151. and 2152. of the Revised Code,
all
parentage proceedings under
Chapter 3111. of the Revised Code over
which the juvenile court
has jurisdiction, and all divorce,
dissolution of marriage, legal
separation, and annulment cases
shall be assigned to them. In
addition to the judge's regular
duties, the judge who is
senior in point
of service shall serve on
the children services board and the
county advisory board and
shall be the administrator of the
domestic relations division and
its subdivisions and departments.
(1) The judge of the court of
common pleas, whose term
begins on January 1, 1957, and
successors, and the judge of the
court of common pleas, whose
term begins on February 14, 1967, and
successors, shall be the
juvenile judges as provided in Chapters
2151.
and 2152. of the Revised Code,
with the powers and
jurisdiction conferred by those
chapters.
(2) The judges of the court of common pleas whose terms
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and
successors, shall be elected and designated as judges of the
court
of common pleas, division of domestic relations, and shall
have
assigned to them all divorce, dissolution of marriage, legal
separation, and annulment cases coming before the court. On or
after the first day of July and before the first day of August of
1991 and each year thereafter, a majority of the judges of the
division of domestic relations shall elect one of the judges of
the division as administrative judge of that division. If a
majority of the judges of the division of domestic relations are
unable for any reason to elect an
administrative judge for the
division before the first day of
August, a majority of the judges
of the Hamilton
county court of common pleas, as soon as possible
after that
date, shall elect one of the judges of the division of
domestic
relations as administrative judge of that division. The
term of
the administrative judge shall begin on the earlier of the
first
day of August of the year in which the administrative judge
is elected or
the date on which the administrative judge is
elected by a
majority of the
judges of the Hamilton
county court
of common pleas and shall terminate on the date on
which the
administrative judge's successor is elected in the
following
year.
In addition to the judge's regular duties, the
administrative
judge
of the division of domestic relations shall be the
administrator
of the domestic relations division and its
subdivisions and
departments and shall have charge of the
employment, assignment,
and supervision of the personnel of the
division engaged in
handling, servicing, or investigating divorce,
dissolution of
marriage, legal separation, and annulment cases,
including any
referees considered necessary by the judges in the
discharge of
their various duties.
The administrative judge of the division of domestic
relations also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division, and shall fix the duties of its
personnel. The duties of the personnel, in addition to those
provided for in other sections of the Revised Code, shall include
the handling, servicing, and investigation of divorce,
dissolution
of marriage, legal separation, and annulment cases
and counseling
and conciliation services that may be made
available to persons
requesting them, whether or not the persons
are parties to an
action pending in the division.
The board of county commissioners shall appropriate the sum
of money each year as will meet all the administrative expenses
of
the division of domestic relations, including reasonable
expenses
of the domestic relations judges and the division
counselors and
other employees designated to conduct the
handling, servicing, and
investigation of divorce, dissolution of
marriage, legal
separation, and annulment cases, conciliation and
counseling, and
all matters relating to those cases and
counseling, and the
expenses involved in the attendance of
division personnel at
domestic relations and welfare conferences
designated by the
division, and the further sum each year as will
provide for the
adequate operation of the division of domestic
relations.
The compensation and expenses of all employees and the
salary
and expenses of the judges shall be paid by the county
treasurer
from the money appropriated for the operation of the
division,
upon the warrant of the county auditor, certified to by
the
administrative judge of the division of domestic relations.
The summonses, warrants, citations, subpoenas, and other
writs of the division may issue to a bailiff, constable, or staff
investigator of the division or to the sheriff of any county or
any marshal, constable, or police officer, and the provisions of
law relating to the subpoenaing of witnesses in other cases shall
apply insofar as they are applicable. When a summons, warrant,
citation, subpoena, or other writ is issued to an officer, other
than a bailiff, constable, or staff investigator of the division,
the expense of serving it shall be assessed as a part of the
costs
in the case involved.
(3) The judge of the court of common pleas of
Hamilton
county whose term begins on
January 3, 1997, and the successor to
that judge whose term begins on January 3, 2003, shall each be
elected and
designated for one term only as the drug court judge
of the court
of common
pleas of
Hamilton
county. The
successors
to the
judge whose term begins on January 3, 2003, shall be
elected
and designated as judges
of the general
division of the
court of common pleas
of Hamilton
county and shall
not have the
authority granted by division (B)(3)
of this
section.
The drug
court judge may accept or reject any
case referred to the
drug
court judge under division (B)(3) of
this
section. After the
drug
court judge accepts a referred case,
the drug court
judge has
full
authority over the case, including
the authority to
conduct
arraignment, accept pleas, enter findings
and dispositions,
conduct
trials, order treatment, and if
treatment is not
successfully completed
pronounce and enter
sentence.
A judge of the general division of the court of common pleas
of
Hamilton
county and a judge of the
Hamilton
county municipal
court may refer to
the drug court judge any case,
and any
companion cases, the judge determines
meet the criteria
described
under divisions
(B)(3)(a) and
(b) of this section. If
the drug
court judge accepts
referral of a referred case, the
case, and any
companion cases, shall be
transferred
to the drug
court judge. A
judge may refer a case meeting the criteria
described in divisions
(B)(3)(a)
and (b) of this section that
involves a violation of
a
term of probation
condition of a community control sanction to the
drug court
judge, and, if the drug court
judge
accepts
the
referral, the
referring judge and the drug court
judge have
concurrent
jurisdiction over the case.
A judge of the general division of the court of common pleas
of
Hamilton
county and a judge of the Hamilton
county municipal
court may refer a case to the drug court judge
under division
(B)(3)
of this section if the judge determines that
both of the
following apply:
(a) One of the following applies:
(i) The case involves a drug abuse offense, as defined in
section
2925.01 of the Revised
Code, that is a felony of the third
or fourth
degree if the offense is committed prior to July 1,
1996, a felony of
the third, fourth, or fifth degree if the
offense is committed on or after
July 1, 1996, or a misdemeanor.
(ii) The case involves a theft offense, as defined in
section
2913.01 of the Revised
Code, that is a felony of the third
or fourth
degree if the offense is committed prior to July 1,
1996, a felony of
the third, fourth, or fifth degree if the
offense is committed on or after
July 1, 1996, or a misdemeanor,
and the defendant is drug or alcohol
dependent or in danger of
becoming drug or alcohol dependent and would benefit
from
treatment.
(b) All of the following apply:
(i) The case involves
a probationable
an offense
for which a
community control sanction may be imposed or
is a case in
which
a
mandatory prison term
or a mandatory jail term is not required to
be imposed.
(ii) The defendant has no history of violent behavior.
(iii) The defendant has no history of mental illness.
(iv) The defendant's current or past behavior, or both, is
drug
or alcohol driven.
(v) The defendant demonstrates a sincere willingness to
participate in a fifteen-month treatment process.
(vi) The defendant has no acute health condition.
(vii) If the defendant is incarcerated, the county
prosecutor
approves of the referral.
(4) If the administrative judge of the court of common pleas
of
Hamilton county determines that the volume of cases pending
before
the drug court judge does not constitute a sufficient
caseload for the drug
court judge, the administrative judge, in
accordance with the Rules
of Superintendence for Courts of Common
Pleas, shall assign individual cases to the drug court judge from
the
general docket of the court. If the assignments so occur, the
administrative
judge shall cease the assignments when the
administrative judge determines
that the volume of cases pending
before the drug court judge constitutes a
sufficient caseload for
the drug court judge.
(5) As used in division (B) of this section, "community
control sanction," "mandatory prison term," and "mandatory jail
term" have the same meanings as in section 2929.01 of the Revised
Code.
(C) In Lorain county, the judges of the court of common
pleas whose terms begin on January 3, 1959, January 4, 1989, and
January 2, 1999,
and successors, shall have the same
qualifications, exercise the
same powers and jurisdiction, and
receive the same compensation
as the other judges of the court of
common pleas of Lorain county
and shall be elected and designated
as the judges of the court of
common pleas, division of domestic
relations. They shall have
all of the powers relating to juvenile
courts, and all cases
under Chapters 2151. and 2152.
of the
Revised Code, all parentage
proceedings over which the juvenile
court has jurisdiction, and
all divorce, dissolution of marriage,
legal separation, and
annulment cases shall be assigned to them,
except cases
that for some special reason are assigned to some
other judge of
the court of common pleas.
(1) The judges of the court of common
pleas whose terms
begin on January 1, 1955, and January 3, 1965,
and successors,
shall have the same qualifications, exercise the
same powers and
jurisdiction, and receive the same compensation
as other judges of
the court of common pleas of Lucas county and
shall be elected and
designated as judges of the court of common
pleas, division of
domestic relations. All divorce, dissolution
of marriage, legal
separation, and annulment cases shall be
assigned to them.
The judge of the division of domestic relations, senior in
point of service, shall be considered as the presiding judge of
the court of common pleas, division of domestic relations, and
shall be charged exclusively with the assignment and division of
the work of the division and the employment and supervision of
all
other personnel of the domestic relations division.
(2) The judges of the court of common pleas whose terms
begin on January 5, 1977, and January 2, 1991, and successors
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Lucas county, shall be elected
and
designated as judges of the court of common pleas, juvenile
division, and shall be the juvenile judges as provided in
Chapters 2151. and 2152. of the Revised Code
with the powers and
jurisdictions
conferred by those chapters. In addition to the
judge's
regular duties,
the judge of the court of common pleas,
juvenile division, senior
in point of service, shall be the
administrator of the juvenile
division and its subdivisions and
departments and shall have
charge of the employment, assignment,
and supervision of the
personnel of the division engaged in
handling, servicing, or
investigating juvenile cases, including
any referees considered
necessary by the judges of the division in
the discharge of their
various duties.
The judge of the court of common pleas, juvenile division,
senior in point of service, also shall designate the title,
compensation, expense allowance, hours, leaves of absence, and
vacation of the personnel of the division and shall fix the
duties
of the personnel of the division. The duties of the
personnel, in
addition to other statutory duties include the
handling,
servicing, and investigation of juvenile cases and
counseling and
conciliation services that may be made available
to persons
requesting them, whether or not the persons are
parties to an
action pending in the division.
(3) If one of the judges of the court of common pleas,
division of domestic relations, or one of the judges of the
juvenile division is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in
that
judge's division necessitates it, the duties shall be performed by
the
judges of
the other of those divisions.
(1) The judge of the court of
common pleas whose term began
on January 1, 1955, and successors,
shall have the same
qualifications, exercise the same powers and
jurisdiction, and
receive the same compensation as other judges
of the court of
common pleas of Mahoning county, shall be elected
and designated
as judge of the court of common pleas, division of
domestic
relations, and shall be assigned all
the
divorce, dissolution of
marriage, legal separation, and annulment
cases coming before the
court. In addition to the judge's
regular duties, the judge of
the court of common pleas, division of
domestic relations, shall
be the administrator of the domestic
relations division and its
subdivisions and departments and shall
have charge of the
employment, assignment, and supervision of the
personnel of the
division engaged in handling, servicing, or
investigating divorce,
dissolution of marriage, legal separation,
and annulment cases,
including any referees considered necessary
in the discharge of
the various duties of the judge's
office.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(2) The judge of the court of common pleas whose term
began
on January 2, 1969, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Mahoning county, shall be elected and designated
as judge of the court of common pleas, juvenile division, and
shall
be the juvenile judge as provided in Chapters
2151. and
2152. of the Revised
Code, with the powers and jurisdictions
conferred by those chapters. In addition to the judge's regular
duties,
the
judge of the
court of common pleas, juvenile division,
shall be the
administrator of the juvenile division and its
subdivisions and
departments and shall have charge of the
employment, assignment,
and supervision of the personnel of the
division engaged in
handling, servicing, or investigating juvenile
cases, including
any referees considered necessary by the judge in
the discharge
of the judge's various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of juvenile cases and counseling and
conciliation services that may be made available to persons
requesting them, whether or not the persons are parties to an
action pending in the division.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties, or the
volume of
cases
pending in that judge's division necessitates it,
that
judge's duties shall be performed by
another judge of the court of
common pleas.
(F) In Montgomery county:
(1) The judges of the court of
common pleas whose terms
begin on January 2, 1953, and January 4,
1977, and successors,
shall have the same qualifications,
exercise the same powers and
jurisdiction, and receive the same
compensation as other judges of
the court of common pleas of
Montgomery county and shall be
elected and designated as judges
of the court of common pleas,
division of domestic relations.
These judges shall have assigned
to them all divorce, dissolution
of marriage, legal separation,
and annulment cases.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
assignment
and division of the work of the division and shall
have charge of
the employment and supervision of the personnel of
the division
engaged in handling, servicing, or investigating
divorce,
dissolution of marriage, legal separation, and annulment
cases,
including any necessary referees, except those employees
who may
be appointed by the judge, junior in point of service,
under this
section and sections 2301.12, 2301.18, and 2301.19 of
the Revised
Code. The judge of the division of domestic
relations, senior in
point of service, also shall designate the
title, compensation,
expense allowances, hours, leaves of
absence, and vacation of the
personnel of the division and shall
fix their duties.
(2) The judges of the court of common pleas whose terms
begin on January 1, 1953, and January 1, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Montgomery county, shall be
elected
and designated as judges of the court of common pleas,
juvenile
division, and shall be, and have the powers and
jurisdiction of,
the juvenile judge as provided in
Chapters 2151. and 2152. of the
Revised Code.
In addition to the judge's regular duties, the judge of the
court
of common pleas, juvenile division, senior in point of
service,
shall be the administrator of the juvenile division and
its
subdivisions and departments and shall have charge of the
employment, assignment, and supervision of the personnel of the
juvenile division, including any necessary referees, who are
engaged in handling, servicing, or investigating juvenile cases.
The judge, senior in point of service, also shall designate the
title, compensation, expense allowances, hours, leaves of
absence,
and vacation of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division.
If one of the judges of the court of common pleas, division
of domestic relations, or one of the judges of the court of
common
pleas, juvenile division, is sick, absent, or unable to
perform
that judge's duties or the volume of cases pending
in
that judge's
division necessitates it, the duties of that
judge may be
performed by the
judge or judges of the other of those divisions.
(G) In Richland county, the judge of the court of common
pleas whose term begins on January 1, 1957, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Richland county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. That judge shall have all of
the
powers
relating to juvenile courts, and all cases under
Chapters
2151. and 2152. of
the Revised Code, all parentage proceedings
over which the
juvenile court has jurisdiction, and all divorce,
dissolution of
marriage, legal separation, and annulment cases
shall be assigned
to that judge, except in cases that for some
special reason
are assigned
to some other judge of the court of
common pleas.
(H) In Stark county, the judges of the court of common
pleas
whose terms begin on January 1, 1953, January 2, 1959, and
January
1, 1993, and successors, shall have the same
qualifications,
exercise the same powers and jurisdiction, and
receive the same
compensation as other judges of the court of
common pleas of Stark
county and shall be elected and designated
as judges of the court
of common pleas, division of domestic
relations. They shall have
all the powers relating to juvenile
courts, and all cases under
Chapters 2151.
and 2152. of the Revised Code,
all parentage
proceedings over which the juvenile court has
jurisdiction, and
all divorce, dissolution of marriage, legal
separation, and
annulment cases, except cases that are assigned
to some other
judge of the court of common pleas for some special
reason, shall
be assigned to the judges.
The judge of the division of domestic relations, second
most
senior in point of service, shall have charge of the
employment
and supervision of the personnel of the division
engaged in
handling, servicing, or investigating divorce,
dissolution of
marriage, legal separation, and annulment cases,
and necessary
referees required for the judge's respective
court.
The judge of the division of domestic relations, senior in
point of service, shall be charged exclusively with the
administration of sections 2151.13, 2151.16, 2151.17, and
2152.71
of the Revised Code and with the assignment and division of the
work of the division and the employment and supervision of all
other personnel of the division, including, but not limited to,
that judge's necessary referees, but excepting those
employees who
may be
appointed by the judge second most senior in point of
service. The senior
judge further shall serve in every
other
position in which the statutes permit or require a
juvenile judge
to serve.
(1) The judges of the court of common pleas whose terms
begin on January 4, 1967, and January 6, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Summit county and shall be
elected
and designated as judges of the court of common pleas,
division of
domestic relations. The judges of the division of
domestic
relations shall have assigned to them and hear all
divorce,
dissolution of marriage, legal separation, and annulment
cases
that come before the court.
Except in cases that are subject to
the exclusive original
jurisdiction of the juvenile court, the
judges of the division of
domestic relations shall have assigned
to them and hear all cases
pertaining to paternity, custody,
visitation, child support, or
the allocation of parental rights
and responsibilities for the
care of children and all post-decree
proceedings arising from any
case pertaining to any of those
matters. The judges of the division of
domestic relations shall
have assigned to them and hear all
proceedings under the uniform
interstate family support act
contained in Chapter 3115. of the
Revised Code.
The judge of the division of domestic relations, senior in
point of service, shall be the administrator of the domestic
relations division and its subdivisions and departments and shall
have charge of the employment, assignment, and supervision of the
personnel of the division, including any necessary referees, who
are engaged in handling, servicing, or investigating divorce,
dissolution of marriage, legal separation, and annulment cases.
That judge also shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, shall
include the handling, servicing, and investigation of divorce,
dissolution of marriage, legal separation, and annulment cases
and
of any counseling and conciliation services that are
available
upon request to all persons, whether or not they are
parties to an
action pending in the division.
(2) The judge of the court of common pleas whose term
begins
on January 1, 1955, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Summit county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be, and have the powers and jurisdiction of, the juvenile judge
as
provided in Chapters 2151. and
2152. of the Revised Code.
Except
in cases that are subject to the exclusive original
jurisdiction
of the juvenile court, the judge of the juvenile division
shall
not have jurisdiction or the power to hear, and shall not be
assigned, any case pertaining to paternity, custody, visitation,
child
support, or the allocation of parental rights and
responsibilities
for the care of children or any post-decree
proceeding arising
from any case pertaining to any of those
matters. The judge of the juvenile
division shall not have
jurisdiction or the power to hear, and
shall not be assigned, any
proceeding under the uniform interstate
family support act
contained in Chapter 3115. of the Revised Code.
The juvenile judge shall be the administrator of the
juvenile
division and its subdivisions and departments and shall
have
charge of the employment, assignment, and supervision of the
personnel of the juvenile division, including any necessary
referees, who are engaged in handling, servicing, or
investigating
juvenile cases. The judge also shall designate the
title,
compensation, expense allowances, hours, leaves of
absence, and
vacation of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of juvenile cases and of any counseling and
conciliation services that are available upon request to persons,
whether or not they are parties to an action pending in the
division.
(J) In Trumbull county, the judges of the court of common
pleas whose terms begin on January 1, 1953, and January 2, 1977,
and successors, shall have the same qualifications, exercise the
same powers and jurisdiction, and receive the same compensation
as
other judges of the court of common pleas of Trumbull county
and
shall be elected and designated as judges of the court of
common
pleas, division of domestic relations. They shall have
all the
powers relating to juvenile courts, and all cases under
Chapters
2151. and 2152. of the
Revised Code, all parentage proceedings
over
which the juvenile court has jurisdiction, and all divorce,
dissolution of marriage, legal separation, and annulment cases
shall be assigned to them, except cases that for some special
reason are assigned to some other judge of the court of common
pleas.
(1) The judges of the court of common pleas whose terms
begin on January 1, 1957, and January 4, 1993, and successors,
shall have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Butler county and shall be
elected
and designated as judges of the court of common pleas,
division of
domestic relations. The judges of the division of
domestic
relations shall have assigned to them all divorce,
dissolution of
marriage, legal separation, and annulment cases
coming before the
court, except in cases that for some special
reason are assigned
to some other judge of the court of common
pleas. The judge
senior in point of service shall be charged
with the assignment
and division of the work of the division and
with the employment
and supervision of all other personnel of the
domestic relations
division.
The judge senior in point of service also shall designate
the
title, compensation, expense allowances, hours, leaves of
absence,
and vacations of the personnel of the division and shall
fix their
duties. The duties of the personnel, in addition to
other
statutory duties, shall include the handling, servicing,
and
investigation of divorce, dissolution of marriage, legal
separation, and annulment cases and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(2) The
judges of the court of common pleas whose
terms
begin
on January 3, 1987,
and January 2, 2003, and
successors,
shall have the same
qualifications, exercise the same
powers and
jurisdiction, and
receive the same compensation as
other judges of
the court of
common pleas of Butler county, shall
be elected and
designated as
judges of the court of common
pleas, juvenile
division, and shall
be the juvenile
judges
as provided in
Chapters
2151. and 2152. of
the Revised
Code, with
the powers and
jurisdictions conferred by
those chapters. The
judge of the court
of common pleas,
juvenile
division,
who is
senior in point of
service, shall be the administrator of the
juvenile division and
its subdivisions and departments. The
judge, senior in point of
service, shall have charge of
the
employment, assignment, and
supervision of the personnel of
the
juvenile division who are
engaged in handling, servicing, or
investigating juvenile cases,
including any referees whom the
judge considers necessary for the
discharge of the judge's
various
duties.
The judge, senior in point of service, also shall designate
the title, compensation,
expense allowances, hours, leaves of
absence, and vacation of the
personnel of the division and shall
fix their duties. The duties
of the personnel, in addition to
other statutory duties, include
the handling, servicing, and
investigation of juvenile cases and
providing any counseling and
conciliation services that the
division makes available to
persons, whether or not the persons
are parties to an action
pending in the division, who request the
services.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of
cases
pending in
the judge's division necessitates it, the duties
of that judge
shall be performed by the other judges of the
domestic relations
and juvenile divisions.
(L)(1) In Cuyahoga county, the judges of the court of
common
pleas whose terms begin on January 8, 1961, January 9,
1961,
January 18, 1975, January 19, 1975, and January 13, 1987,
and
successors, shall have the same qualifications, exercise the
same
powers and jurisdiction, and receive the same compensation
as
other judges of the court of common pleas of Cuyahoga county
and
shall be elected and designated as judges of the court of
common
pleas, division of domestic relations. They shall have
all the
powers relating to all divorce, dissolution of marriage,
legal
separation, and annulment cases, except in cases that are
assigned
to some other judge of the court of common pleas for
some special
reason.
(2) The administrative judge is administrator of the
domestic relations division and its subdivisions and departments
and has the following powers concerning division personnel:
(a) Full charge of the employment, assignment, and
supervision;
(b) Sole determination of compensation, duties, expenses,
allowances, hours, leaves, and vacations.
(3)
"Division personnel" include persons employed or
referees
engaged in hearing, servicing, investigating,
counseling,
or
conciliating divorce, dissolution of marriage,
legal separation
and annulment matters.
(1) The judge of the court of common pleas whose term
begins
on January 2, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Lake county and shall be elected and designated
as
judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
the divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court, except in cases that for some special
reason are assigned to some other judge of the court of common
pleas. The judge shall be charged with the assignment and
division of the work of the division and with the employment and
supervision of all other personnel of the domestic relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services.
(2) The judge of the court of common pleas whose term
begins
on January 4, 1979, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as other judges of the court of
common pleas of Lake county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and shall
be the juvenile judge as provided in Chapters
2151. and 2152. of
the Revised
Code, with the powers and jurisdictions conferred by
those chapters. The judge of the court of common pleas,
juvenile
division, shall be the administrator of the juvenile division and
its subdivisions and departments. The judge shall have charge of
the employment, assignment, and supervision of the personnel of
the juvenile division who are engaged in handling, servicing, or
investigating juvenile cases, including any referees whom the
judge considers necessary for the discharge of the judge's
various
duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the
division makes available to persons, whether or not the persons
are parties to an action pending in the division, who request the
services.
(3) If a judge of the court of common pleas, division of
domestic relations or juvenile division, is sick, absent, or
unable to perform that judge's judicial duties or the volume
of
cases
pending in
the judge's division necessitates it, the duties
of that judge
shall be performed by the other judges of the
domestic relations
and juvenile divisions.
(N) In Erie county, the judge of the court of common pleas
whose term begins on January 2, 1971, and successors, shall have
the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judge
of the court of common pleas of Erie county and shall be
elected
and designated as judge of the court of common pleas,
division of
domestic relations. The judge shall have all the
powers relating
to juvenile courts, and shall be assigned all cases
under
Chapters
2151. and 2152. of the
Revised Code, parentage
proceedings over
which the
juvenile
court has jurisdiction, and
divorce,
dissolution of marriage,
legal separation, and annulment
cases,
except cases that for some special
reason are assigned to
some
other judge.
(1) The judge of the court of common pleas whose term
begins
on January 1, 1961, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county and shall be elected and designated
as the judge of the court of common pleas, division of domestic
relations. The judge shall be assigned all
divorce, dissolution
of marriage, legal separation, annulment, uniform
reciprocal
support enforcement, and domestic violence cases and
all other
cases related to domestic relations, except cases that
for some
special reason are assigned to some other judge of the
court of
common pleas.
The judge shall be charged with the assignment and division
of the work of the division and with the employment and
supervision of all other personnel of the
division. The judge
also shall designate the title,
compensation,
hours, leaves of
absence, and vacations of the personnel of the
division and shall
fix their duties. The duties of the personnel
of the division, in
addition to other statutory duties, shall
include the handling,
servicing, and investigation of divorce,
dissolution of marriage,
legal separation, and annulment cases
and the provision of
counseling and conciliation services that
the division considers
necessary and makes available to persons
who request the services,
whether or not the persons are parties
in an action pending in the
division. The compensation for the
personnel shall be paid from
the overall court budget and shall
be included in the
appropriations for the existing judges of the
general division of
the court of common pleas.
(2) The judge of the court of common pleas whose term
begins
on January 1, 1995, and successors, shall have the same
qualifications, exercise the same powers and jurisdiction, and
receive the same compensation as the other judges of the court of
common pleas of Greene county, shall be elected and designated as
judge of the court of common pleas, juvenile division, and, on or
after January 1, 1995, shall be the juvenile judge as provided in
Chapters 2151. and 2152. of the
Revised Code with the powers and
jurisdiction conferred by those chapters. The
judge of the court
of common pleas, juvenile division, shall be the administrator of
the juvenile division and its subdivisions and departments. The
judge shall have charge of the employment, assignment, and
supervision of the personnel of the juvenile division who are
engaged in handling, servicing, or investigating juvenile cases,
including any referees whom the judge considers necessary for the
discharge of the judge's various duties.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacation of the
personnel of the division and shall fix their duties. The duties
of the personnel, in addition to other statutory duties, include
the handling, servicing, and investigation of juvenile cases and
providing any counseling and conciliation services that the court
makes available to persons, whether or not the persons are
parties
to an action pending in the court, who request the
services.
(3) If one of the judges of the court of common pleas,
general division, is sick, absent, or unable to perform that
judge's judicial duties or the volume of cases pending in the
general
division
necessitates it, the duties of that judge of the
general division
shall be performed by the judge of the division
of domestic
relations and the judge of the juvenile division.
(P) In Portage county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Portage county and shall
be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services.
(Q) In Clermont county, the judge of the court of common
pleas, whose term begins January 2, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Clermont county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services.
(R) In Warren county, the judge of the court of common
pleas, whose term begins January 1, 1987, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Warren county and shall be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases coming before the court, except in cases that
for some
special reason are assigned to some other judge of the
court of
common pleas. The judge shall be charged with the
assignment and
division of the work of the division and with the
employment and
supervision of all other personnel of the domestic
relations
division.
The judge also shall designate the title, compensation,
expense allowances, hours, leaves of absence, and vacations of
the
personnel of the division and shall fix their duties. The
duties
of the personnel, in addition to other statutory duties,
shall
include the handling, servicing, and investigation of
divorce,
dissolution of marriage, legal separation, and annulment
cases and
providing any counseling and conciliation services that
the
division makes available to persons, whether or not the
persons
are parties to an action pending in the division, who
request the
services.
(S) In Licking county, the judge of the court of common
pleas, whose term begins January 1, 1991, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Licking county and shall
be
elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases, all cases arising under Chapter 3111. of the
Revised Code,
all proceedings involving child support, the
allocation of
parental rights and responsibilities for the care
of children and
the designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The
judge shall be
charged with the assignment and division of the
work of the
division and with the employment and supervision of
the personnel
of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(T) In Allen county, the judge of the court of common
pleas,
whose term begins January 1, 1993, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as the other
judges of the court
of common pleas of Allen county and shall be
elected and
designated as judge of the court of common pleas,
division of
domestic relations. The judge shall be
assigned all divorce,
dissolution of marriage, legal
separation,
and annulment cases,
all cases arising under Chapter 3111. of the
Revised Code, all
proceedings involving child support, the
allocation of parental
rights and responsibilities for the care
of children and the
designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The
judge shall be
charged with the assignment and division of the
work of the
division and with the employment and supervision of
the personnel
of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, whether or not the persons are parties to an action
pending in the division, who request the services.
(U) In Medina county, the judge of the court of common
pleas
whose term begins January 1, 1995, and successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as other judges
of the court of
common pleas of Medina county and shall be
elected and designated
as judge of the court of common pleas,
division of domestic
relations. The judge shall be
assigned all divorce, dissolution
of marriage, legal
separation,
and annulment cases, all cases
arising under Chapter 3111. of the
Revised Code, all proceedings
involving child support, the
allocation of parental rights and
responsibilities for the care
of children and the designation for
the children of a place of
residence and legal custodian,
parenting time, and visitation, and all
post-decree proceedings
and matters arising from those cases and
proceedings, except in
cases that for some special reason are
assigned to another judge
of the court of common pleas. The
judge shall be charged with the
assignment and division of the
work of the division and with the
employment and supervision of
the personnel of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter
3111. of the Revised Code, and proceedings involving
child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for
the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(V) In Fairfield county, the judge of the court of common
pleas whose term begins January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Fairfield county and shall
be elected and designated as judge of the court of common pleas,
division of domestic relations. The judge shall be
assigned all
divorce, dissolution of marriage, legal
separation,
and annulment
cases, all cases arising under Chapter 3111. of the
Revised Code,
all proceedings involving child support, the
allocation of
parental rights and responsibilities for the care
of children and
the designation for the children of a place of
residence and legal
custodian, parenting time, and visitation, and all
post-decree
proceedings and matters arising from those cases and
proceedings,
except in cases that for some special reason are
assigned to
another judge of the court of common pleas. The judge also has
concurrent jurisdiction with the probate-juvenile division of the
court of
common pleas of Fairfield county with respect to and may
hear cases
to determine the custody of a child, as defined in
section 2151.011 of the Revised Code, who
is not the ward of
another court of this state, cases that are commenced by a
parent,
guardian, or custodian of a child, as defined in section 2151.011
of the Revised Code, to obtain an order requiring a parent of the
child to pay child support
for that child when the request for
that order is not ancillary to an action
for divorce, dissolution
of marriage, annulment, or legal separation, a
criminal or civil
action involving an allegation of domestic violence, an
action for
support under Chapter 3115. of the Revised Code, or an action that
is
within the exclusive original jurisdiction of the
probate-juvenile division of
the court of common pleas of
Fairfield county and that involves an
allegation that the child is
an abused, neglected, or dependent child, and
post-decree
proceedings and matters arising from those types of cases.
The judge of the domestic relations division shall be charged
with the
assignment and division of the
work of the division and
with the employment and supervision of
the personnel of the
division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel of the
division, in addition to other statutory duties, shall include
the
handling, servicing, and investigation of divorce,
dissolution of
marriage, legal separation, and annulment cases,
cases arising
under Chapter 3111. of the Revised Code, and
proceedings involving
child support, the allocation of parental
rights and
responsibilities for the care of children and the
designation for
the children of a place of residence and legal
custodian,
parenting time, and visitation, and providing any counseling and
conciliation services that the division makes available to
persons, regardless of whether the persons are parties to an
action pending in the division, who request the services.
When
the judge hears a case to determine the custody of a child, as
defined
in section 2151.011 of the Revised Code, who is not the
ward of another court
of this state or a case that is commenced by
a parent, guardian, or custodian
of a child, as defined in section
2151.011 of the Revised Code, to obtain an
order requiring a
parent of the child to pay child support for that child when
the
request for that order is not ancillary to an action for divorce,
dissolution of marriage, annulment, or legal separation, a
criminal or civil
action involving an allegation of domestic
violence, an action for support
under Chapter 3115. of the Revised
Code, or an action that is within the
exclusive original
jurisdiction of the probate-juvenile division of the court
of
common pleas of Fairfield county and that
involves an allegation
that the
child is an abused, neglected, or dependent child, the
duties of the personnel
of the domestic relations division also
include the handling, servicing, and
investigation of those types
of cases.
(W)(1) In Clark county, the judge of the court of common
pleas whose term begins on January 2, 1995, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as other judges
of
the court of common pleas of Clark county and shall be elected
and
designated as judge of the court of common pleas, domestic
relations division. The judge shall have all the powers
relating
to juvenile courts, and all cases under
Chapters 2151. and 2152.
of the Revised
Code and all parentage proceedings under Chapter
3111. of the
Revised Code over which the juvenile court has
jurisdiction shall
be assigned to the judge of the division of
domestic relations. All divorce,
dissolution of marriage, legal
separation,
annulment, uniform reciprocal support enforcement, and
other
cases related to domestic relations shall be assigned to the
domestic relations division, and the presiding judge of the court
of common pleas shall assign the cases to the judge of the
domestic relations division and the judges of the general
division.
(2) In addition to the judge's regular duties, the judge of
the
division of domestic relations shall serve on the children
services board and the county advisory board.
(3) If the judge of the court of common pleas of Clark
county, division of domestic relations, is sick, absent, or
unable
to perform that judge's judicial duties or if the
presiding
judge
of the
court of common pleas of Clark county determines that the
volume
of cases pending in the division of domestic relations
necessitates it, the duties of the judge of the division of
domestic relations shall be performed by the judges of the
general
division or probate division of the court of common pleas
of Clark
county, as assigned for that purpose by the presiding
judge of
that court, and the judges so assigned shall act in
conjunction
with the judge of the division of domestic relations
of that
court.
(X) In Scioto county, the judge of the court of common
pleas
whose term begins January 2, 1995, and
successors, shall
have the
same qualifications, exercise the same powers and
jurisdiction,
and receive the same compensation as other judges
of the court of
common pleas of Scioto county and shall be
elected and designated
as judge of the court of common pleas,
division of domestic
relations. The judge shall be
assigned all divorce, dissolution
of marriage, legal
separation,
and annulment cases, all cases
arising under Chapter 3111. of the
Revised Code, all proceedings
involving child support, the
allocation of parental rights and
responsibilities for the care
of children and the designation for
the children of a place of
residence and legal custodian,
parenting time, visitation, and all post-decree
proceedings and
matters arising from those cases and proceedings,
except in cases
that for some special reason are assigned to
another judge of the
court of common pleas. The judge shall be
charged with the
assignment and division of the work of the
division and with the
employment and supervision of the personnel
of the division.
The judge shall designate the title, compensation, expense
allowances, hours, leaves of absence, and vacations of the
personnel of the division and shall fix the duties of the
personnel of the division. The duties of the personnel, in
addition to other statutory duties, include the handling,
servicing, and investigation of divorce, dissolution of marriage,
legal separation, and annulment cases, cases arising under
Chapter
3111. of the Revised Code, and proceedings involving
child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for
the children of a
place of residence and legal custodian, parenting time, and
visitation, and providing counseling and conciliation services
that the division makes available to persons, whether or not the
persons are parties to an action pending in the division, who
request the services.
(Y) In Auglaize county, the judge of the probate and
juvenile divisions of the Auglaize county court of common pleas
also shall be the administrative judge of the domestic relations
division of the court and shall be assigned
all divorce,
dissolution of marriage, legal separation, and annulment cases
coming before the court. The judge shall have all powers as
administrator of the domestic relations division and shall have
charge of the personnel engaged in handling, servicing, or
investigating divorce, dissolution of marriage, legal separation,
and annulment cases, including any referees considered necessary
for the discharge of the judge's various duties.
(Z)(1) In Marion county, the judge of the court of
common
pleas whose term begins on February 9,
1999, and the successors to
that judge, shall have the same qualifications,
exercise the same
powers and jurisdiction, and receive the same compensation
as the
other judges of the court of common pleas of
Marion county and
shall be elected and
designated as judge of the court of common
pleas, domestic
relations-juvenile-probate division. Except as
otherwise specified in this
division, that judge, and the
successors to that judge, shall have all the
powers relating to
juvenile courts, and all cases under
Chapters 2151. and 2152. of
the
Revised Code,
all cases arising under Chapter 3111. of the
Revised Code,
all divorce, dissolution of marriage, legal
separation, and annulment cases,
all proceedings involving child
support, the allocation of parental rights and
responsibilities
for the care of children and the designation for the children
of a
place of residence and legal custodian, parenting time, and
visitation, and all
post-decree proceedings and matters arising
from those cases and
proceedings
shall be assigned to that judge
and the successors to
that judge. Except as
provided in division
(Z)(2) of this section
and notwithstanding any other provision of
any section of the
Revised Code, on and after February 9, 2003,
the judge of
the
court of common pleas of Marion county
whose term
begins on
February 9, 1999, and the
successors to that judge,
shall have all
the powers relating to the probate
division of the
court of common
pleas of
Marion county in addition to the powers
previously
specified in this division, and shall exercise
concurrent
jurisdiction with the judge of the probate division of
that court
over all
matters that are within the jurisdiction of
the probate
division of that court
under Chapter 2101., and other
provisions,
of
the Revised Code in addition to the jurisdiction of
the
domestic relations-juvenile-probate division of that court
otherwise specified
in division (Z)(1) of this section.
(2) The judge of the domestic relations-juvenile-probate
division of the
court of common pleas of Marion county or the
judge of the probate division of the court of common pleas of
Marion county, whichever of those judges is
senior in total length
of service on the court of common pleas of
Marion county,
regardless of the division or
divisions of service, shall serve as
the clerk of the probate division of the
court of common pleas of
Marion county.
(3) On and after February 9, 2003, all
references in law to
"the probate court,"
"the probate judge,"
"the juvenile
court," or
"the judge of the juvenile court" shall be construed, with respect
to Marion county, as being references to both
"the probate
division" and
"the domestic relations-juvenile-probate division"
and as being references to both
"the judge of the probate
division" and
"the
judge of the domestic relations-
juvenile-probate division." On and after
February 9, 2003, all
references in law to
"the clerk of the probate court" shall be
construed, with respect to
Marion county, as being references to
the judge who is serving pursuant to
division (Z)(2) of this
section as the clerk of the probate division of the
court of
common pleas of Marion county.
(AA)
In Muskingum county, the judge of the court of common
pleas whose term begins on January 2, 2003, and successors, shall
have the same qualifications, exercise the same powers and
jurisdiction, and receive the same compensation as the other
judges of the court of common pleas of Muskingum county and shall
be elected and designated as the judge of the court of common
pleas, division of domestic relations. The judge shall
be
assigned
and hear
all
divorce, dissolution of marriage, legal
separation, and annulment cases
and all
proceedings under the
uniform interstate family support act
contained in Chapter 3115.
of the Revised Code. Except in cases
that are subject to the
exclusive original jurisdiction of the
juvenile court, the judge
shall be assigned and hear all cases
pertaining to paternity,
visitation, child
support, the
allocation
of parental rights and
responsibilities
for the care of
children,
and the designation for
the children of a
place of residence
and
legal custodian,
and all
post-decree
proceedings
arising from
any case pertaining to
any of
those
matters.
(BB) If a judge of the court of common pleas, division of
domestic relations, or juvenile judge, of any of the counties
mentioned in this section is sick, absent, or unable to perform
that judge's judicial duties or the volume of cases pending
in the
judge's division necessitates it, the
duties of that judge shall
be performed by another judge
of the court of common pleas of that
county, assigned for that
purpose by the presiding judge of the
court of common pleas of that county to act in place of or in
conjunction
with that judge, as the case may require.
Sec. 2301.27. (A)(1) The court of common pleas may
establish a county department of probation. The establishment of
the department shall be entered upon the journal of the court,
and
the clerk of the court of common pleas shall certify a copy
of the
journal entry establishing the department to each elective
officer
and board of the county. The department shall consist of
a chief
probation officer and the number of other probation
officers and
employees, clerks, and stenographers that is fixed
from time to
time by the court. The court shall appoint those
individuals, fix
their salaries, and supervise their work. The
court shall not
appoint as a probation officer any person who
does not possess the
training, experience, and other
qualifications prescribed by the
adult parole authority created
by section 5149.02 of the Revised
Code. Probation officers have
all the powers of regular police
officers and shall perform any
duties that are designated by the
judge or judges of the court.
All positions within the department
of probation shall be in the
classified service of the civil
service of the county.
(2) If two or more counties desire to jointly establish a
probation department for those counties, the judges of the courts
of common pleas of those counties may establish a probation
department for those counties. If a probation department is
established pursuant to division (A)(2) of this section to serve
more than one county, the judges of the courts of common pleas
that established the department shall designate the county
treasurer of one of the counties served by the department as the
treasurer to whom probation fees paid under section 2951.021 of
the Revised Code are to be appropriated and transferred under
division (A)(2) of section 321.44 of the Revised Code for deposit
into the multicounty probation services fund established under
division (B) of section 321.44 of the Revised Code.
The cost of the administration and operation of a probation
department established for two or more counties shall be prorated
to the respective counties on the basis of population.
(3) Probation officers shall receive, in addition to their
respective salaries, their necessary and reasonable travel and
other expenses incurred in the performance of their duties. Their
salaries
and expenses shall be paid monthly from the county
treasury in the manner provided for the payment of the
compensation of other appointees of the court.
(B)(1) In lieu of establishing a county department of
probation under division (A) of this section and in lieu of
entering into an agreement with the adult parole authority as
described in division (B) of section 2301.32 of the Revised Code,
the court of common pleas may request the board of county
commissioners to contract with, and upon that request the board
may contract with, any nonprofit, public or private agency,
association, or organization for the provision of probation
services and supervisory services for persons placed under
community
control sanctions. The contract shall specify that each
individual
providing the probation services and supervisory
services shall possess
the training,
experience, and other
qualifications prescribed by the adult
parole authority. The
individuals who provide the probation
services and supervisory
services shall not be included in the
classified or unclassified
civil service of the county.
(2) In lieu of establishing a county department of
probation
under division (A) of this section and in lieu of
entering into an
agreement with the adult parole authority as
described in division
(B) of section 2301.32 of the Revised Code,
the courts of common
pleas of two or more adjoining counties
jointly may request the
boards of county commissioners of those
counties to contract with,
and upon that request the boards of
county commissioners of two or
more adjoining counties jointly
may contract with, any nonprofit,
public or private agency,
association, or organization for the
provision of probation
services and supervisory services for
persons placed under community
control sanctions for those
counties. The contract shall specify that
each individual
providing the probation services and supervisory
services shall
possess
the training, experience, and other qualifications
prescribed by
the adult parole authority. The individuals who
provide the
probation services and supervisory services shall not
be included in
the classified or
unclassified civil service of any
of those counties.
(C) The chief probation officer may grant permission to a
probation officer to carry firearms when required in the
discharge
of official duties, provided that any probation
officer who is
granted permission to carry firearms in the
discharge of official
duties, within six months of receiving
permission to carry a
firearm, shall successfully complete a
basic firearm training
program that is conducted at a training
school approved by the
Ohio peace officer training
commission and that is substantially
similar to the basic firearm
training
program for peace officers
conducted at the Ohio peace officer
training academy and receive a
certificate of satisfactory
completion of that program from the
executive director of the
Ohio peace officer training commission.
Any probation
officer who
does not successfully complete a basic
firearm training program
within the six-month period after
receiving permission to carry a
firearm shall not carry, after the
expiration of that six-month
period, a firearm in the discharge of
official duties until
the probation officer has successfully
completed a basic
firearm training program. A probation officer
who has received a certificate
of
satisfactory completion of a
basic firearm training program, to
maintain the right to carry a
firearm in the discharge of
official duties, annually shall
successfully complete a firearms
requalification program in
accordance with section 109.801 of the
Revised Code.
(D) As used in this section
and sections 2301.28 to 2301.32
of the
Revised Code,
"community control sanction" has the
same
meaning as in section 2929.01 of the Revised Code.
Sec. 2301.28. The court of common pleas of a county in
which
a county department of probation has been established under
division (A) of section 2301.27 of the Revised Code, in addition
to employing the department in investigation and in the
administration of its own orders
of probation
imposing community
control sanctions, shall receive into
the legal control or
supervision of the department any person who
is a resident of the
county and who has been placed
on probation
under a community
control sanction
by order of any other court exercising criminal
jurisdiction in
this state, whether within or without the county
in which the department of
probation is located, upon the
request
of the other court and subject to its continuing
jurisdiction.
The
court of common pleas also shall receive into
the legal
custody or
supervision of the department any person who
is
paroled,
released
under a post-release control
sanction, or
conditionally pardoned
from a state correctional
institution and
who resides or remains
in the
county, if requested by the adult
parole authority created
by
section 5149.02 of the Revised Code or
any other authority
having
power to parole
or release from any
institution of that
nature.
As used in this section and section 2301.30 of the Revised
Code,
"post-release control sanction" has the same meaning as in
section 2967.01 of the Revised Code.
Sec. 2301.30. The court of common pleas of a county in
which
a county department of probation is established under
division (A)
of section 2301.27 of the Revised Code shall require
the
department, in the rules through which the supervision of the
department is exercised or otherwise, to do all of the following:
(A) Furnish to each person
under a community control
sanction or
post-release control sanction or on
probation or
parole under
its supervision or in its custody, a written
statement of the
conditions of
probation
the community control
sanction, post-release
control sanction, or parole and instruct
him
the
person
regarding the
conditions;
(B) Keep informed concerning the conduct and condition of
each person in its custody or under its supervision by visiting,
the requiring of reports, and otherwise;
(C) Use all suitable methods, not inconsistent with the
conditions of
probation
the community control sanction,
post-release
control sanction, or parole, to aid and encourage the
persons under its supervision or in its custody and to bring
about
improvement in their conduct and condition;
(D) Keep detailed records of the work of the department,
keep accurate and complete accounts of all moneys collected from
persons under its supervision or in its custody, and keep or give
receipts for those moneys;
(E) Make reports to the adult parole authority created by
section 5149.02 of the Revised Code that it requires.
Sec. 2301.32. (A) In any county in which a county
department of probation has been established under division (A)
of
section 2301.27 of the Revised Code and complies with
standards
and conditions prescribed by the adult parole authority
created by
section 5149.02 of the Revised Code, an agreement may
be entered
into between the court of common pleas and the
authority under
which the county department of probation
correctional may receive
supplemental investigation or
supervisory services from the
authority.
(B) In any county in which a county department of
probation
has not been established under division (A) of section
2301.27 of
the Revised Code, an agreement may be entered into
between the
court of common pleas of that county and the adult
parole
authority under which the court of common pleas may place
defendants
on probation
under a community control sanction in
charge of the authority, and, in
consideration of those
placements, the county shall pay to the
state from time to time
the amounts that are provided for in the
agreement.
Sec. 2301.56. (A) A judicial corrections board that
proposes or establishes one or more community-based correctional
facilities and programs or district community-based correctional
facilities and programs may apply to the division of parole and
community services for state financial assistance for the cost of
renovation, maintenance, and operation of any of the facilities
and programs. If the judicial corrections board has proposed or
established more than one facility and program and if it desires
state financial assistance for more than one of the facilities
and
programs, the board shall submit a separate application for
each
facility and program for which it desires the financial
assistance.
An application for state financial assistance under this
section may be made when the judicial corrections board submits
for the approval of the section its proposal for the
establishment
of the facility and program in question to the
division of parole
and community services under division (B) of
section 2301.51 of
the Revised Code, or at any time after the
section has approved
the proposal. All applications for state
financial assistance for
proposed or approved facilities and
programs shall be made on
forms that are prescribed and furnished
by the department of
rehabilitation and correction, and in
accordance with section
5120.112 of the Revised Code.
The judicial corrections board may submit a request for
funding of some or all of its community-based correctional
facilities and programs or district community-based correctional
facilities and programs to the board of county commissioners of
the county, if the judicial corrections board serves a
community-based correctional facility and program, or to the
boards of county commissioners of all of the member counties, if
the judicial corrections board serves a district community-based
correctional facility and program. The board or boards may
appropriate, but are not required to appropriate, a sum of money
for funding all aspects of each facility and program as outlined
in sections 2301.51 to 2301.56 of the Revised Code. The judicial
corrections board has no recourse against a board or boards of
county commissioners, either under Chapter 2731. of the Revised
Code, under its contempt power, or under any other authority, if
the board or boards of county commissioners do not appropriate
money for funding any facility or program or if they appropriate
money for funding a facility and program in an amount less than
the total amount of the submitted request for funding.
(B)
Pursuant to section 2929.37 of the Revised Code, a
board
of county commissioners may require a person
who was
convicted of
an offense
and who is confined in a community-based
correctional
facility or
district community-based correctional
facility as
provided in
sections 2301.51 to 2301.56 of the Revised
Code, to
reimburse the
county for its expenses incurred by reason
of the
person's
confinement.
(C)
Notwithstanding any contrary provision in this
section or
section
2929.18,
2929.21, 2929.36
2929.28, or
2929.37 of the
Revised Code,
the judicial
corrections board may
establish a
policy
that
complies with section 2929.38 of the
Revised Code and
that
requires any person who is not
indigent and
who is
confined
in the
community-based correctional facility or
district
community-based
correctional facility to pay a
reception fee or
a fee for
any
medical treatment or
service requested by and
provided to that
person.
(D) If a person who has been convicted of or pleaded
guilty
to an
offense is confined in a community-based correctional
facility or district
community-based correctional facility, at the
time of reception and at other
times the person in charge of the
operation of the facility determines to be
appropriate, the person
in charge of the operation of the facility may cause
the convicted
offender to be examined and tested for tuberculosis,
HIV
infection, hepatitis, including but not limited to hepatitis
A, B,
and C, and other contagious diseases. The
person in charge
of the
operation of the facility may cause a convicted offender in the
facility who refuses to be tested or treated for tuberculosis, HIV
infection, hepatitis, including but not limited to hepatitis A,
B,
and C, or another contagious disease to be tested and
treated
involuntarily.
Sec. 2305.234. (A) As used in this section:
(1)
"Chiropractic claim,"
"medical claim," and
"optometric
claim"
have the same meanings as in section 2305.11 of the Revised
Code.
(2)
"Dental claim" has the same meaning as in section
2305.11
of the Revised
Code, except that it does not include any
claim
arising out of a dental
operation or any derivative claim
for
relief that arises out of a dental
operation.
(3)
"Governmental health care program" has the same meaning
as in
section
4731.65 of the Revised Code.
(4)
"Health care professional" means any of the following
who
provide medical, dental, or other health-related
diagnosis,
care,
or treatment:
(a) Physicians authorized under Chapter 4731. of the Revised
Code to practice
medicine and surgery or osteopathic medicine and
surgery;
(b) Registered nurses and licensed practical nurses licensed
under Chapter
4723. of the Revised Code;
(c) Physician assistants authorized to practice under
Chapter 4730. of the
Revised Code;
(d) Dentists and dental hygienists licensed under Chapter
4715. of the
Revised Code;
(e) Physical therapists licensed under Chapter 4755. of the
Revised
Code;
(f) Chiropractors licensed under Chapter 4734. of the
Revised Code;
(g) Optometrists licensed under Chapter 4725. of the Revised
Code;
(h) Podiatrists authorized under Chapter 4731. of the
Revised Code to
practice podiatry;
(i) Dietitians licensed under Chapter 4759. of the Revised
Code;
(j) Pharmacists licensed under Chapter 4729. of the
Revised
Code.
(5)
"Health care worker" means a person other than a health
care
professional who provides medical, dental, or other
health-related care or
treatment under the direction of a health
care professional with the authority
to direct that individual's
activities, including
medical technicians, medical assistants,
dental assistants,
orderlies, aides, and individuals acting in
similar capacities.
(6)
"Indigent and uninsured person" means a person who meets
all of the
following requirements:
(a) The person's income is not greater than one hundred
fifty per
cent of the current poverty line as defined by the
United States office of
management and budget and revised in
accordance with section 673(2) of the
"Omnibus Budget
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
amended.
(b) The person is not eligible to receive medical assistance
under Chapter
5111., disability assistance medical assistance
under Chapter 5115. of the
Revised Code, or assistance under any
other governmental health care
program.
(c) Either of the following applies:
(i) The person is not a policyholder, certificate
holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan.
(ii) The person is a policyholder, certificate holder,
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance
or health care policy, contract, or plan, but the insurer,
policy,
contract, or plan denies coverage or is the subject of
insolvency
or bankruptcy proceedings in any jurisdiction.
(7)
"Operation" means any procedure that involves cutting or
otherwise
infiltrating human tissue by mechanical means, including
surgery, laser
surgery, ionizing radiation, therapeutic
ultrasound, or the removal of
intraocular foreign bodies.
"Operation" does not include the administration
of medication by
injection, unless the injection is administered in
conjunction
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection.
(8)
"Nonprofit shelter or health care facility" means
a
charitable nonprofit corporation organized and
operated pursuant
to Chapter 1702. of the Revised
Code, or any charitable
organization not organized and not operated
for profit, that
provides shelter, health care services, or
shelter and health care
services to indigent and uninsured persons,
except that
"shelter
or
health care facility" does not include a hospital as defined in
section
3727.01 of the Revised Code, a facility licensed under
Chapter 3721. of the
Revised Code, or a medical facility that is
operated for profit.
(9)
"Tort action" means a civil action for
damages for
injury, death, or loss to person or property other
than a civil
action for damages for a breach of contract or
another agreement
between persons or government entities.
(10)
"Volunteer" means an individual who provides any
medical, dental, or
other health-care related diagnosis, care, or
treatment without
the expectation of receiving and without receipt
of any compensation or other
form of remuneration from an indigent
and uninsured person,
another person on behalf of an indigent and
uninsured person, any shelter or
health care facility, or any
other person or government entity.
(11) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(B)(1) Subject to divisions (E) and (F)(3) of this section,
a health care
professional who is a volunteer and complies with
division (B)(2) of this
section is not liable in damages to any
person or government entity in a tort
or other civil action,
including an action on a medical, dental,
chiropractic,
optometric, or other health-related claim, for injury, death, or
loss to person or property that allegedly arises from an action or
omission of the volunteer in the provision at a nonprofit shelter
or health
care facility to an indigent and uninsured person of
medical, dental, or other
health-related diagnosis, care, or
treatment, including the provision of samples of medicine and
other medical
products, unless the action or omission constitutes
willful or wanton
misconduct.
(2) To qualify for the immunity described in division
(B)(1)
of this section, a health care professional shall
do all of the
following prior to providing diagnosis, care, or treatment:
(a) Determine, in good faith, that the indigent and
uninsured
person is mentally capable of giving informed consent to
the provision of the diagnosis, care, or treatment and is
not
subject to duress or under undue influence;
(b) Inform the person of the provisions of this section;
(c) Obtain the informed consent of the person and a written
waiver, signed by the person or by
another individual on behalf of
and in the presence of the person, that states
that the person is
mentally competent to give informed consent and,
without being
subject to duress or under undue influence, gives
informed consent
to the provision of the diagnosis, care, or
treatment subject to
the provisions of this section.
(3) A physician or podiatrist who is not covered
by medical
malpractice insurance, but complies with division
(B)(2) of this
section, is not required to comply with division (A) of section
4731.143 of the Revised Code.
(C) Subject to divisions (E) and (F)(3) of this section,
health care workers
who are volunteers are not liable in damages
to any person or government
entity in a tort or other civil
action, including an action upon a medical,
dental, chiropractic,
optometric, or other health-related claim, for injury,
death, or
loss to person or property that allegedly arises from
an action or
omission of the health care worker in the
provision at a nonprofit
shelter or health care facility to an indigent and
uninsured
person of medical, dental, or other health-related diagnosis,
care,
or treatment, unless the action or omission constitutes
willful or wanton
misconduct.
(D) Subject to divisions (E) and (F)(3) of this section and
section 3701.071
of the Revised Code, a nonprofit shelter or
health care facility associated
with a health care professional
described in division (B)(1) of this section or a health care
worker described in division (C) of this section is
not liable in
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental,
chiropractic,
optometric, or
other health-related claim, for
injury, death, or loss to person or property
that allegedly arises
from an action or omission of the health care
professional or
worker in providing for the shelter or facility medical,
dental,
or other health-related diagnosis, care, or treatment to an
indigent
and uninsured person, unless the action or omission
constitutes willful or
wanton misconduct.
(E)(1) Except as provided in division (E)(2) of this
section, the immunities provided by divisions
(B), (C), and (D) of
this section are not
available to an individual or to a
nonprofit
shelter or health care facility if, at the time of an alleged
injury, death, or loss to person or property, the individuals
involved are
providing one of the following:
(a) Any medical, dental, or other health-related diagnosis,
care,
or treatment pursuant
to a community service work order
entered by a court under division
(F)(B) of section 2951.02 of the
Revised
Code
as a condition of probation or other suspension of a
term of
imprisonment or imposed by a court as a community control
sanction
pursuant
to sections 2929.15 and 2929.17 of the Revised
Code.;
(b) Performance of an operation.;
(2) Division (E)(1) of this section does not apply to an
individual who provides, or a nonprofit shelter or health care
facility at
which the individual provides, diagnosis, care, or
treatment that is
necessary to preserve the life of a person in a
medical emergency.
(F)(1) This section does not create a new cause
of action or
substantive legal right against a health care professional,
health
care worker, or nonprofit
shelter or health care facility.
(2) This section does not affect any immunities from
civil
liability or defenses established by another section of the
Revised Code or available at common law to which
an individual or
a nonprofit shelter or
health care facility may be entitled in
connection with the
provision of emergency or other diagnosis,
care, or
treatment.
(3) This section does not grant an immunity from tort
or
other civil liability to an individual or a nonprofit shelter or
health
care facility for actions that are outside the scope of
authority of health
care professionals or health care workers.
(4) This section does not affect any legal responsibility of
a
health care professional or health care worker to comply with
any applicable law of this state or rule of an agency of this
state.
(5) This section does not affect any legal
responsibility of
a nonprofit shelter or health care facility to comply
with any
applicable law of this state, rule of an agency of this
state, or
local code, ordinance, or regulation that pertains to
or regulates
building, housing, air pollution, water pollution,
sanitation,
health, fire, zoning, or safety.
Sec. 2901.02. As used in the Revised Code:
(A) Offenses include aggravated murder, murder, felonies of
the
first, second, third, fourth, and fifth degree, misdemeanors
of the
first, second, third, and fourth degree, minor
misdemeanors, and
offenses not specifically classified.
(B) Aggravated murder when the indictment or the count in
the indictment charging aggravated murder contains one or more
specifications of aggravating circumstances listed in division
(A)
of section 2929.04 of Revised Code, and any other offense for
which death may be imposed as a penalty, is a capital offense.
(C) Aggravated murder and murder are felonies.
(D) Regardless of the penalty that may be imposed, any
offense specifically classified as a felony is a felony, and any
offense specifically classified as a misdemeanor is a
misdemeanor.
(E) Any offense not specifically classified is a felony if
imprisonment for more than one year may be imposed as a penalty.
(F) Any offense not specifically classified is a
misdemeanor
if imprisonment for not more than one year may be
imposed as a
penalty.
(G) Any offense not specifically classified is a minor
misdemeanor if the only penalty that may be imposed is
one of the
following:
(1) For an offense committed prior to the effective date of
this amendment, a fine
not exceeding one hundred dollars;
(2) For an offense committed on or after the effective date
of
this amendment, a fine not exceeding one hundred fifty dollars,
community service under division (C) of section 2929.27 of the
Revised Code, or a financial sanction other than a fine under
section 2929.28 of the Revised Code.
Sec. 2903.13. (A) No person shall knowingly cause or
attempt to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm
to another or to another's unborn.
(C) Whoever violates this section is guilty of assault.
Except as otherwise provided in division (C)(1), (2), (3),
(4),
or (5) of
this section, assault is a
misdemeanor of the first
degree.
(1) Except as otherwise provided in this division, if the
offense is committed by a caretaker against a
functionally
impaired person under the caretaker's care, assault is
a felony
of
the fourth degree. If the offense is committed by a caretaker
against a functionally impaired person under the caretaker's care,
if the
offender previously has been convicted of or pleaded guilty
to a
violation of this section or section 2903.11 or 2903.16 of
the
Revised Code, and if in relation to the previous conviction
the
offender was a caretaker and the victim was a functionally
impaired person under the offender's care, assault is a felony of
the third degree.
(2) If the offense is committed in any of the following
circumstances, assault is a felony of the fifth degree:
(a) The offense occurs in or on the grounds of a state
correctional institution or an institution of the department of
youth services, the victim of the offense is an employee of the
department of rehabilitation and correction, the department of
youth services, or a probation department or is on the premises
of
the particular institution for business purposes or as a
visitor,
and the offense is committed by a person incarcerated in
the state
correctional institution, by a person institutionalized in
the
department of youth services institution pursuant to a
commitment
to the department of youth services, by a
probationer or parolee,
by an offender under transitional
control, under
a community
control sanction, or on an escorted visit, by a person under
post-release control,
or by an
offender under any other type of
supervision by a government agency.
(b) The offense occurs in or on the grounds of a local
correctional facility, the victim of the offense is an employee
of
the local correctional facility or a probation department or
is on
the premises of the facility for business purposes or as a
visitor, and the offense is committed by a person who is under
custody in the facility subsequent to the person's arrest for any
crime or
delinquent act, subsequent to the person's being charged
with or
convicted
of any crime, or subsequent to the person's
being alleged to be or
adjudicated a delinquent child.
(c) The offense occurs off the grounds of a state
correctional institution and off the grounds of an institution of
the department of youth services, the victim of the offense is an
employee of the department of rehabilitation and correction, the
department of youth services, or a probation department, the
offense occurs during the employee's official work hours and
while
the employee is engaged in official work responsibilities, and
the
offense is committed by a person incarcerated in a state
correctional institution or institutionalized in the department
of
youth services who temporarily is outside of the institution
for
any purpose, by a
probationer or parolee,
by an offender under
transitional control, under a
community control sanction, or on an
escorted visit, by a person under
post-release control, or by an
offender under any other type of supervision by
a government
agency.
(d) The offense occurs off the grounds of a local
correctional facility, the victim of the offense is an employee
of
the local correctional facility or a probation department, the
offense occurs during the employee's official work hours and
while
the employee is engaged in official work responsibilities, and
the
offense is committed by a person who is under custody in the
facility subsequent to the person's arrest for any crime or
delinquent
act, subsequent to the person being charged with or
convicted of any
crime, or subsequent to the person being alleged
to be or
adjudicated a
delinquent child and who temporarily is
outside of the facility
for any purpose or by a
probationer or
parolee, by an offender under
transitional control, under a
community
control sanction, or on an escorted visit, by a person
under post-release
control, or by an offender under any other type
of supervision by a government
agency.
(e) The victim of the offense is a school teacher or
administrator or a
school bus operator, and the offense occurs in
a school, on school premises,
in a school
building, on a school
bus, or while the victim is outside of school premises
or a school
bus and is engaged in duties or official
responsibilities
associated with the victim's employment or position
as a school
teacher or
administrator or a school bus operator, including, but
not limited to,
driving, accompanying, or chaperoning students at
or on class or field trips,
athletic events, or other school
extracurricular activities or functions
outside of school
premises.
(3) If the victim of the offense is a peace officer, a
firefighter, or a person performing emergency
medical service,
while in the performance of their official duties, assault is a
felony of the fourth degree.
(4) If the victim of the offense is a peace officer and if
the victim
suffered serious physical harm as a result of the
commission of the offense,
assault is a felony of the fourth
degree, and the court, pursuant to division
(F) of section 2929.13
of the Revised Code, shall
impose as a mandatory prison term one
of the prison terms prescribed for a
felony of the fourth degree
that is at least twelve months in duration.
(5) If the victim of the offense is an officer or employee
of a public
children services agency or a private child placing
agency and the offense
relates to the officer's or employee's
performance or anticipated performance
of official
responsibilities or duties, assault is either a felony of the
fifth degree
or, if the offender previously has been convicted of
or pleaded guilty
to an offense of violence, the victim of that
prior offense was an officer or
employee of a public children
services agency or private child placing agency,
and that prior
offense related to the officer's or employee's performance or
anticipated performance of official responsibilities or duties, a
felony of
the fourth degree.
(D) As used in this section:
(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(2) "Firefighter" has the same meaning as in
section
3937.41
of the Revised Code.
(3) "Emergency medical service" has the same meaning as in
section 4765.01 of the Revised Code.
(4) "Local correctional facility" means a county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jail or workhouse, a minimum security
jail established under
section 341.23 or 753.21 of
the Revised Code, or another county,
multicounty, municipal,
municipal-county, or multicounty-municipal
facility used for the
custody of persons arrested for any crime or
delinquent act,
persons charged with or convicted of any crime, or
persons
alleged to be or adjudicated a delinquent child.
(5) "Employee of a local correctional facility" means a
person who is an employee of the political subdivision or of one
or more of the affiliated political subdivisions that operates
the
local correctional facility and who operates or assists in
the
operation of the facility.
(6) "School teacher or administrator" means either of the
following:
(a) A person who is employed in the public schools of the
state under a
contract described in section 3319.08 of the Revised
Code in a position in
which the person is required to have a
certificate issued pursuant to sections
3319.22 to 3319.311 of the
Revised Code.
(b) A person who is employed by a nonpublic school for
which
the state board
of education prescribes minimum standards under
section 3301.07 of the Revised
Code and who is certificated in
accordance with section 3301.071 of the
Revised Code.
(7) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(8) "Escorted visit" means an escorted visit granted under
section 2967.27 of the Revised Code.
(9) "Post-release control" and "transitional control" have
the
same meanings as in section 2967.01 of the Revised Code.
Sec. 2905.12. (A) No person, with purpose to coerce
another
into taking or refraining from action concerning which
he
the
other person
has a legal freedom of choice, shall do any of the
following:
(1) Threaten to commit any offense;
(2) Utter or threaten any calumny against any person;
(3) Expose or threaten to expose any matter tending to
subject any person to hatred, contempt, or ridicule,
or to damage
his
any person's personal or business repute, or to impair
his
any
person's credit;
(4) Institute or threaten criminal proceedings against any
person;
(5) Take
or, withhold, or threaten to take or withhold
official action, or cause or threaten to cause official action to
be taken or withheld.
(B) Divisions (A)(4) and (5) of this section shall not be
construed to prohibit a prosecutor or court from doing any of the
following in good faith and in the interests of justice:
(1) Offering or agreeing to grant, or granting immunity
from
prosecution pursuant to section 2945.44 of the Revised Code;
(2) In return for a plea of guilty to one or more offenses
charged or to one or more other or lesser offenses, or in return
for the testimony of the accused in a case to which
he
the
accused
is not a
party, offering or agreeing to dismiss, or dismissing one
or more
charges pending against an accused, or offering or
agreeing to
impose, or imposing a certain sentence or modification
of
sentence;
(3) Imposing
probation
a community control sanction on
certain
conditions, including
without limitation requiring the
offender to make restitution or
redress to the victim of
his
the
offense.
(C) It is an affirmative defense to a charge under
division
(A)(3), (4), or (5) of this section that the actor's
conduct was a
reasonable response to the circumstances
which
that
occasioned it,
and that
his
the actor's purpose was limited to
any of the
following:
(1) Compelling another to refrain from misconduct or to
desist from further misconduct;
(2) Preventing or redressing a wrong or injustice;
(3) Preventing another from taking action for which the
actor reasonably believed
such
the other person to be
disqualified;
(4) Compelling another to take action
which
that the actor
reasonably believed
such
the other person to be under a duty to
take.
(D) Whoever violates this section is guilty of coercion, a
misdemeanor of the second degree.
(E) As used in this section,
"threat:
(1)
"Threat" includes a direct
threat and a threat by
innuendo.
(2)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
Sec. 2907.01. As used in sections 2907.01 to 2907.37 of
the
Revised Code:
(A) "Sexual conduct" means vaginal intercourse between a
male and female; anal intercourse, fellatio, and
cunnilingus
between persons regardless of sex; and, without privilege to do
so, the insertion, however slight, of any part of the body or any
instrument, apparatus, or other object
into the vaginal or anal
cavity of another. Penetration, however slight, is
sufficient to
complete vaginal or anal intercourse.
(B) "Sexual contact" means any touching of an erogenous
zone
of another, including without limitation the thigh,
genitals,
buttock, pubic region, or, if the person is a female, a
breast,
for the purpose of sexually arousing or gratifying either
person.
(C) "Sexual activity" means sexual conduct or sexual
contact, or both.
(D) "Prostitute" means a male or female who promiscuously
engages in sexual activity for hire, regardless of whether the
hire is paid to the prostitute or to another.
(E)
Any material or performance is "harmful
"Harmful to
juveniles,"
if it is offensive to prevailing standards in the
adult community
with respect to what is suitable for juveniles,
and if any
means that quality of any material or performance
describing or representing nudity, sexual conduct, sexual
excitement, or sado-masochistic abuse in any form to which all of
the
following apply:
(1)
It tends to appeal
The material or performance, when
considered as a whole, appeals to the prurient interest
in sex of
juveniles;.
(2)
It contains a display, description, or representation
of
sexual activity, masturbation, sexual excitement, or nudity;
(3) It contains a display, description, or representation
of
bestiality or extreme or bizarre violence, cruelty, or
brutality;
(4) It contains a display, description, or representation
of
human bodily functions of elimination;
(5) It makes repeated use of foul language;
(6) It contains a display, description, or representation
in
lurid detail of the violent physical torture, dismemberment,
destruction, or death of a human being;
(7) It contains a display, description, or representation
of
criminal activity that tends to glorify or glamorize the
activity,
and that, with respect to juveniles, has a dominant
tendency to
corrupt
The material or performance is patently offensive to
prevailing standards in the adult community as a whole with
respect to what is suitable for juveniles.
(3) The material or performance, when considered as a whole,
lacks serious literary, artistic, political, and scientific value
for juveniles.
(F) When considered as a whole, and judged with reference
to
ordinary adults or, if it is designed for sexual deviates or
other
specially susceptible group, judged with reference to that
group,
any material or performance is "obscene" if any of the
following
apply:
(1) Its dominant appeal is to prurient interest;
(2) Its dominant tendency is to arouse lust by displaying
or
depicting sexual activity, masturbation, sexual excitement, or
nudity in a way that tends to represent human beings as mere
objects of sexual appetite;
(3) Its dominant tendency is to arouse lust by displaying
or
depicting bestiality or extreme or bizarre violence, cruelty,
or
brutality;
(4) Its dominant tendency is to appeal to scatological
interest by displaying or depicting human bodily functions of
elimination in a way that inspires disgust or revulsion in
persons
with ordinary sensibilities, without serving any genuine
scientific, educational, sociological, moral, or artistic
purpose;
(5) It contains a series of displays or descriptions of
sexual activity, masturbation, sexual excitement, nudity,
bestiality, extreme or bizarre violence, cruelty, or brutality,
or
human bodily functions of elimination, the cumulative effect
of
which is a dominant tendency to appeal to prurient or
scatological
interest, when the appeal to such an interest is
primarily for its
own sake or for commercial exploitation, rather
than primarily for
a genuine scientific, educational,
sociological, moral, or
artistic purpose.
(G) "Sexual excitement" means the condition of human male
or
female genitals when in a state of sexual stimulation or
arousal.
(H) "Nudity" means the showing, representation, or
depiction
of human male or female genitals, pubic area, or
buttocks with
less than a full, opaque covering, or of a female
breast with less
than a full, opaque covering of any portion
thereof below the top
of the nipple, or of covered male genitals
in a discernibly turgid
state.
(I) "Juvenile" means an unmarried person under the age of
eighteen.
(J) "Material" means
one of the following:
(1)(a) As used in section 2907.311 of the Revised Code and
in the portions of section 2907.31 of the Revised Code that
pertain to materials that are harmful to juveniles but not
obscene, "material" means any book, magazine, newspaper, pamphlet,
poster, print, picture, figure, image, description, motion picture
film, phonographic record, tape, or other tangible thing capable
of arousing interest through sight, sound, or touch and, except as
provided in division (J)(1)(b) of this section, includes an image
or text appearing on a computer monitor or on a television screen,
liquid crystal display, or similar display device used as a
computer monitor or an image or text recorded on a computer hard
disk, computer floppy disk, magnetic tape, or similar storage
device.
(b) As used in section 2907.311 of the Revised Code and in
the portions of section 2907.31 of the Revised Code that pertain
to materials that are harmful to juveniles but not obscene, both
of the following apply:
(i) Except as otherwise provided in division (J)(1)(b)(ii)
of
this section, "material" does not include an image or text that
appears on a computer monitor or on a television screen, liquid
crystal display, or similar display device used as a computer
monitor while the monitor, screen, display, or device is actively
connected to a web site on the internet.
(ii) "Material" includes an image or text that appears on a
computer monitor or on a television screen, liquid crystal
display, or similar display device used as a computer monitor
while the monitor, screen, display, or device is actively
connected to a web site on the internet if the image or text is
contained in an e-mail message or if the image or text is so
appearing on the monitor, screen, display, or device during a
direct presentation to a specific, known juvenile or group of
known juveniles. The image or text is "material" under this
division only regarding the application of section 2907.311 of the
Revised Code and the portions of section 2907.31 of the Revised
Code that pertain to materials that are harmful to juveniles but
not obscene to the person who sends the e-mail message or who
directly presents the image or text to the specific, known
juvenile or group of known juveniles.
(2) As used in all provisions of sections 2907.01 to
2907.37
of the Revised Code that are not identified in division
(J)(1) of
this section, "material" means any book, magazine,
newspaper,
pamphlet, poster, print, picture, figure, image,
description,
motion picture film, phonographic record, or tape, or
other
tangible thing capable of arousing interest through sight,
sound,
or touch
and includes an image or text appearing on a
computer
monitor,
television
screen, liquid crystal display, or
similar
display
device or an image or text
recorded on a computer
hard
disk, computer
floppy disk, compact
disk, magnetic tape, or
similar data
storage
device.
(K) "Performance" means any motion picture, preview,
trailer, play, show, skit, dance, or other exhibition performed
before an audience.
(L) "Spouse" means a person married to an offender at the
time of an alleged offense, except that such person shall not be
considered the spouse when any of the following apply:
(1) When the parties have entered into a written
separation
agreement authorized by section 3103.06 of the Revised
Code;
(2) During the pendency of an action between the parties
for
annulment, divorce, dissolution of marriage, or legal
separation;
(3) In the case of an action for legal separation, after
the
effective date of the judgment for legal separation.
(M) "Minor" means a person under the age of eighteen.
(N) "Mental health client or patient" has the same meaning as
in section 2305.51 of the Revised Code.
(O) "Mental health professional" has the same meaning as in
section 2305.115 of the Revised Code.
(P) "Sado-masochistic abuse" means flagellation or torture by
or upon a person or the condition of being fettered, bound, or
otherwise
physically restrained.
Sec. 2907.15. (A) As used in this section:
(1) "Public retirement system" means the public
employees
retirement system, state teachers retirement system, school
employees retirement system, Ohio police and fire pension fund,
state
highway patrol retirement system, or a municipal retirement
system of a
municipal corporation of this state.
(2) "Government deferred compensation program" means such
a
program offered by the Ohio
public employees deferred compensation
board; a municipal
corporation; or a governmental unit, as defined
in section
148.06 of the Revised Code.
(3) "Deferred compensation program participant" means a
"participating employee" or "continuing member," as defined in
section 148.01 of the Revised Code, or any other public
employee
who has funds in a government deferred compensation program.
(4) "Alternative retirement plan" means an
aternative
alternative
retirement
plan provided pursuant to Chapter 3305. of
the Revised
Code.
(5) "Prosecutor" has the same meaning as in section
2935.01
of the Revised Code.
In any case in which a sentencing court
orders restitution to
the victim under section 2929.18
or 2929.28 of the Revised Code
for
a
violation of section 2907.02, 2907.03, 2907.04, or 2907.05
of the
Revised
Code and
in which the offender is a government
deferred
compensation program
participant, is an electing
employee, as
defined in section 3305.01
of the Revised Code, or is
a member of,
or receiving a pension, benefit, or
allowance,
other
than
a
survivorship benefit, from, a public
retirement system and
committed the offense against a child, student, patient,
or other
person with whom the offender had contact in the context of the
offender's public employment, at the request of the victim the
prosecutor
shall file a motion with the sentencing
court
specifying the government deferred compensation program,
alternative retirement plan, or public
retirement system and
requesting that the court issue an order requiring the government
deferred
compensation program, alternative retirement plan, or
public retirement system to withhold the amount
required as
restitution from one or more of the following: any payment to be
made from a government deferred compensation program, any payment
or
benefit under an alternative retirement plan, or under a
pension,
annuity, allowance, or any other benefit, other than a
survivorship benefit,
that has been
or is in the future granted to
the offender; from any payment of
accumulated employee
contributions standing to the offender's credit with the
government deferred compensation program, alternative retirement
plan, or public retirement system; or from
any payment of any
other amounts to be paid to the offender pursuant to
Chapter 145.,
148., 742., 3307., 3309., or 5505. of the Revised Code
on
withdrawal of
contributions. The motion
may be filed at any time
subsequent to the conviction of
the offender or entry of a guilty
plea. On the filing of
the motion, the clerk of the court in
which the motion is filed
shall notify the offender and the
government deferred compensation
program, alternative retirement
plan, or
public retirement system, in writing, of all of the
following: that the motion was filed; that the offender will be
granted a hearing on the issuance of the requested order if the
offender files a written request for a hearing with the clerk
prior to the expiration of thirty days after the offender
receives
the notice; that, if a hearing is requested, the court
will
schedule a hearing as soon as possible and notify the
offender and
the government deferred compensation program,
alternative
retirement plan, or public retirement
system of the date, time,
and place of the hearing; that, if a hearing is
conducted, it will
be limited
to a consideration of whether the offender can show
good cause
why the order should not be issued; that, if a hearing
is conducted, the court will not issue the order if the
court
determines, based on evidence presented at the hearing by
the
offender, that there is good cause for the order
not to be issued;
that the court will issue the order
if a hearing is not requested
or if a hearing is conducted but
the court does not determine,
based on evidence presented at the
hearing by the offender, that
there is good cause for the
order not to be issued; and that, if
the
order is issued, the government deferred compensation program,
alternative retirement plan, or public
retirement system specified
in the motion will be required to withhold the
amount required as
restitution from payments to the offender.
(B) In any case in which
a motion requesting the issuance of
a withholding order
as described in division (A) of this section
is filed,
the offender may receive a hearing on the motion by
delivering a
written request for a hearing to the court prior to
the
expiration of thirty days after the offender's receipt of the
notice provided pursuant to division (A) of this
section. If the
offender requests a hearing
within the prescribed time, the court
shall schedule a hearing as
soon as possible after the request is
made and notify the
offender and the government deferred
compensation program,
alternative retirement plan, or public
retirement
system of the date, time, and place of the hearing. A
hearing scheduled
under this division shall be limited to a
consideration of
whether there is good cause, based on evidence
presented by the
offender, for the requested order not to be
issued. If the court
determines, based on evidence presented by
the offender, that
there is good cause for the order not to be
issued, the court
shall deny the motion and shall not issue the
order.
Good cause for not issuing the order includes a
determination by the court
that the order would severely impact
the offender's ability to support the
offender's dependents.
If the offender does not request a hearing within the
prescribed
time or the court conducts a hearing but does not
determine,
based on evidence presented by the offender, that there
is good
cause for the order not to be issued, the court shall
order the government
deferred compensation program, alternative
retirement
plan, or public retirement system
to withhold the
amount required as restitution
from one or more of the following:
any payments to be made from a government
deferred compensation
program, any payment or benefit under an
alternative retirement
plan, or under a pension, annuity,
allowance,
or under any other
benefit, other than a survivorship benefit, that has been
or is
in
the future granted to the offender; from any payment of
accumulated employee contributions standing to the offender's
credit with the government deferred compensation program,
alternative retirement plan, or public retirement
system; or from
any payment of any other amounts
to be paid to the offender upon
withdrawal
of contributions pursuant to Chapter 145., 148., 742.,
3307., 3309.,
or
5505. of the Revised Code and to continue the
withholding for that purpose, in
accordance
with the order, out of
each payment to be made on or after the date of
issuance of the
order, until further order of the court. On receipt of an
order
issued under this division, the government deferred compensation
program, alternative retirement plan, or public
retirement system
shall withhold the amount required as
restitution, in accordance
with the order, from any such payments
and immediately forward the
amount withheld to the clerk of
the court in which the order was
issued for payment to the person
to whom restitution is to be
made. The order shall not apply to any portion
of payments made
from a government deferred compensation program,
alternative
retirement plan, or public
retirement system to a person other
than the offender pursuant to a previously
issued domestic court
order.
(C) Service of a notice required by division
(A) or (B) of
this section shall be effected in the
same manner as provided in
the Rules of Civil
Procedure for the
service of process.
(D) Upon the filing of charges under section 2907.02,
2907.03,
2907.04, or 2907.05
of the Revised Code against a person
who is a deferred
compensation program participant, an electing
employee participating
in an alternative retirement plan, or a
member of, or receiving a
pension
benefit, or allowance, other
than a survivorship benefit,
from a public retirement system for
an offense against a child, student,
patient, or other person with
whom the offender had contact in the context of
the offender's
public employment, the prosecutor shall send written notice
that
charges have been filed against that person to the appropriate
government
deferred compensation program, alternative retirement
plan, or public
retirement system. The notice shall specifically
identify the person charged.
Sec. 2907.27. (A)(1) If a person is charged with a
violation of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241,
or
2907.25 of the Revised Code or with a violation of a municipal
ordinance
that is substantially equivalent to any of those
sections, the arresting
authorities or a court, upon the request
of the prosecutor in the case or upon
the request of the victim,
shall cause the accused to submit to one or
more appropriate tests
to determine if
the accused is suffering from a venereal disease.
(2) If the accused is found to be suffering from a
venereal
disease in an infectious stage, the accused shall be
required to
submit to medical treatment for that disease. The cost of the
medical
treatment shall be charged to and paid by the accused who
undergoes the
treatment. If the accused is indigent, the court
shall order the accused to
report to
a facility operated by a city
health district or a general health district for
treatment. If
the accused is
convicted of or pleads guilty to the offense with
which the accused
is
charged and is placed
on probation
under a
community control sanction, a condition of
probation
community
control shall be that the offender submit to and faithfully follow
a
course of medical treatment for the venereal disease. If the
offender
does not seek the required medical treatment, the court
may revoke the
offender's
probation
community control and order
the offender to undergo medical treatment during the
period of the
offender's
incarceration and to pay the cost of that treatment.
(B)(1)(a) Notwithstanding the requirements for informed
consent
in section 3701.242 of the Revised Code, if a person is
charged
with a violation of division (B) of section 2903.11 or of
section 2907.02, 2907.03, 2907.04,
2907.05, 2907.12, 2907.24,
2907.241, or 2907.25 of the
Revised Code or with a violation of a
municipal ordinance that is
substantially equivalent to that
division or any of those sections, the
court, upon the request
of
the
prosecutor in the case, upon the request of the victim, or
upon the request of
any other
person whom the court reasonably
believes had contact with the accused in
circumstances related to
the violation that could have resulted in the
transmission to that
person of a virus that causes acquired immunodeficiency
syndrome,
shall cause the accused to submit to
one or more tests designated
by the director of health under section
3701.241 of the Revised
Code to determine if the accused is a
carrier of a virus that
causes acquired immunodeficiency
syndrome. The court, upon the
request of the prosecutor in the case,
upon the request of the
victim with the agreement of the prosecutor, or upon the request
of any other
person with the agreement of the prosecutor, may
cause an accused who is
charged with a violation of any other
section of the Revised
Code or with a violation of any other
municipal ordinance to submit
to one or more tests so designated
by the director of health if the
circumstances of the violation
indicate
probable cause to believe that the accused, if the
accused is infected with
the virus that causes acquired
immunodeficiency syndrome, might have
transmitted the virus to any
of the following persons in committing the
violation:
(i) In relation to a request made by the prosecuting
attorney, to
the victim or to any other person;
(ii) In relation to a request made by the victim, to the
victim
making the request;
(iii) In relation to a request made by any other person, to
the
person making the request.
(b) The results of a test performed under division
(B)(1)(a)
of this section shall be communicated in
confidence to the court,
and the court shall inform the accused
of the result. The court
shall inform the victim that the test
was performed and that the
victim has a right to receive the
results on request. If the test
was performed upon the
request of a person other than the
prosecutor in the case and other than the
victim, the court shall
inform the person who made the request that the test
was performed
and that the person has a right to receive the results upon
request. Additionally, regardless of who made the request that
was the basis
of the test being performed, if the court reasonably
believes that, in
circumstances related to the violation, a person
other than the
victim had contact with the accused that could have
resulted in
the transmission of the virus to that person, the
court may
inform that person that the test was performed and that
the
person has a right to receive the results of the test on
request. If the accused tests positive for a virus
that causes
acquired immunodeficiency syndrome, the test results
shall be
reported to the department of health in accordance with
section
3701.24 of the Revised Code and to the sheriff, head of
the state
correctional institution, or other person in
charge of any jail or
prison in which the accused is
incarcerated. If the accused tests
positive for
a virus that causes acquired immunodeficiency
syndrome and the accused was
charged with, and was convicted of or
pleaded guilty to, a violation of
section 2907.24, 2907.241, or
2907.25 of the Revised Code or
a violation of a municipal
ordinance that is substantially equivalent to any
of those
sections, the test results also shall be reported to the law
enforcement agency that arrested the accused, and the law
enforcement agency
may use the test results as the basis for any
future charge of a violation of division (B) of any of those
sections
or a violation of a municipal ordinance that is
substantially equivalent to
division (B) of any of those sections.
No other
disclosure of the test results or the
fact that a test
was performed shall be made, other than as evidence
in a grand
jury proceeding or as evidence in a judicial proceeding in
accordance with the Rules of Evidence. If the test
result
is
negative, and the charge has not been dismissed or if the
accused
has been convicted of the charge or a different offense
arising
out of the same circumstances as the offense charged, the
court
shall order that the test be repeated not earlier than
three
months nor later than six months after the original test.
(2) If an accused who is free on bond refuses
to submit to a
test ordered by the court pursuant to division
(B)(1) of this
section, the court may order that the
accused's bond be revoked
and that the accused be incarcerated
until the test is performed.
If an accused who is incarcerated
refuses to submit to a test
ordered by the court pursuant to
division (B)(1) of this section,
the court shall order
the person in charge of the jail or prison
in which the accused
is incarcerated to take any action necessary
to facilitate the
performance of the test, including the forcible
restraint of the
accused for the purpose of drawing blood to be
used in the test.
(3) A state agency, a political subdivision of the
state, or
an employee of a state agency or of a political
subdivision of the
state is immune from liability in a civil
action to recover
damages for injury, death, or loss to person or
property allegedly
caused by any act or omission in connection
with the performance
of the duties required under division
(B)(2) of this section
unless the acts or omissions are
with malicious purpose, in bad
faith, or in a wanton or reckless
manner.
(C) As used in this section, "community control sanction"
has the same meaning as in section 2929.01 of the Revised Code.
Sec. 2907.31. (A) No person, with knowledge of its
character or content, shall recklessly do any of the following:
(1)
Sell
Directly sell, deliver, furnish, disseminate,
provide, exhibit,
rent, or present to a juvenile, a
group of
juveniles, a law enforcement officer
posing as a juvenile, or a
group of law enforcement
officers posing as juveniles any material
or performance that
is
obscene or harmful to juveniles;
(2)
Offer
Directly offer or agree to sell, deliver, furnish,
disseminate,
provide, exhibit, rent, or present to a
juvenile, a
group of juveniles, a law
enforcement officer posing as a
juvenile, or a group of
law enforcement officers posing as
juveniles any material or
performance that is obscene or harmful
to juveniles;
(3)
Allow
While in the physical proximity of the juvenile or
law enforcement officer posing as a juvenile, allow any juvenile
or law enforcement officer posing as a juvenile to review or
peruse any material or
view any live performance that is harmful
to juveniles.
(B) The following are affirmative defenses to a charge
under
this section that involves material or a performance that
is
harmful to juveniles but not obscene:
(1) The defendant is the parent, guardian, or spouse of
the
juvenile involved.
(2) The juvenile involved, at the time of the conduct in
question, was accompanied by the juvenile's parent or guardian
who,
with
knowledge of its character, consented to the material or
performance being furnished or presented to the juvenile.
(3) The juvenile exhibited to the defendant or to the
defendant's
agent
or employee a draft card, driver's license,
birth record,
marriage license, or other official or apparently
official
document purporting to show that the juvenile was
eighteen years
of age or over or married, and the person to whom
that document
was exhibited did not otherwise have reasonable
cause to believe
that the juvenile was under the age of eighteen
and unmarried.
(C)(1) It is an affirmative defense to a charge under this
section, involving material or a performance that is obscene or
harmful to juveniles, that the material or performance was
furnished or presented for a bona fide medical, scientific,
educational, governmental, judicial, or other proper purpose, by
a
physician, psychologist, sociologist, scientist, teacher,
librarian, clergyman, prosecutor, judge, or other proper person.
(2) Except as provided in division (B)(3) of this section,
mistake of age is not a defense to a charge under this section.
(D)(1) A person directly sells, delivers, furnishes,
disseminates, provides, exhibits, rents, or presents or directly
offers or agrees to sell, deliver, furnish, disseminate, provide,
exhibit, rent, or present material or a performance to a
juvenile,
a group of juveniles, a law
enforcement officer posing as a
juvenile, or a group of
law enforcement officers posing as
juveniles in violation of this
section by means of an electronic
method of remotely transmitting information if the
person knows or
has reason to believe that the person receiving
the information is
a
juvenile or the group of persons receiving
the information are
juveniles.
(2) A person remotely transmitting information by means
of a
method of mass distribution does not directly sell, deliver,
furnish, disseminate, provide, exhibit, rent, or present or
directly offer or agree to sell, deliver, furnish, disseminate,
provide, exhibit, rent, or present the material or performance in
question to a juvenile, a group of juveniles,
a law enforcement
officer posing as a juvenile, or a group of law enforcement
officers posing as juveniles in
violation of this section if
either of the following applies:
(a) The person has inadequate information to know or have
reason to believe that a particular recipient of the information
or offer is a juvenile.
(b) The method of mass distribution does not provide the
person the ability to prevent a particular recipient from
receiving the information.
(E) If any provision of this section, or the application of
any provision of this section to any person or circumstance, is
held invalid, the invalidity does not affect other provisions or
applications of this section or related sections that can be given
effect without the invalid provision or application. To this end,
the provisions are severable.
(F) Whoever violates this section is guilty of
disseminating
matter harmful to juveniles. If the material or
performance
involved is harmful to juveniles, except
as otherwise
provided in
this division, a
violation of this section is a
misdemeanor of the
first degree.
If the material or performance
involved is obscene,
except as otherwise
provided in this
division, a violation of this
section is a felony of
the fifth
degree. If the material or
performance involved is
obscene and
the juvenile to whom it is
sold, delivered,
furnished,
disseminated, provided, exhibited,
rented, or
presented, the
juvenile to whom the offer is made or
who is the
subject of the
agreement, or the juvenile who is
allowed to
review, peruse, or
view it is under thirteen years of
age,
violation of this section
is a felony of the fourth degree.
Sec. 2907.35. (A) An owner or manager, or
agent or
employee
of an owner or manager, of a bookstore, newsstand,
theater, or
other commercial
establishment engaged in selling
materials or exhibiting
performances, who, in the course of
business:
(1) Possesses five or more identical or substantially
similar obscene articles, having knowledge of their character, is
presumed to possess them in violation of division (A)(5) of
section 2907.32 of the Revised Code;
(2) Does any of the acts prohibited by section 2907.31 or
2907.32 of the Revised Code, is presumed to have knowledge of the
character of the material or performance involved, if
the
owner,
manager, or agent or employee of the owner or manager has
actual
notice of the nature of
such material or performance,
whether or
not
the owner, manager, or agent or employee
of the
owner or
manager has precise knowledge of its contents.
(B) Without limitation on the manner in which such notice
may be given, actual notice of the character of material or a
performance may be given in writing by the chief legal officer of
the jurisdiction in which the person to whom the notice is
directed does business. Such notice, regardless of the manner in
which it is given, shall identify the sender, identify the
material or performance involved, state whether it is obscene or
harmful to juveniles, and bear the date of such notice.
(C) Sections 2907.31 and 2907.32 of the Revised Code do
not
apply to a motion picture operator or projectionist acting
within
the scope of
employment as an employee of the owner or
manager
of
a theater or other place for the showing of motion
pictures to
the
general public, and having no managerial
responsibility or
financial interest in
the operator's or
projectionist's place
of
employment, other than wages.
(D)(1) Sections 2907.31, 2907.311, 2907.32, 2907.321,
2907.322, 2907.323, and 2907.34 and division (A) of section
2907.33 of the Revised Code do not apply to a person solely
because the person provided access or connection to or from
a
computer facility, system, or network
an electronic method of
remotely transferring
information not under that person's
control,
including having
provided
transmission, downloading,
intermediate
storage, access
software, or other related
capabilities that are
incidental to
providing access or connection
to or from
a computer
facility,
system, or network
the electronic method of remotely
transferring the information, and
that do
not include the creation
of the content of the material
that is
the subject of the access
or connection.
(2) Division (D)(1) of this section does not apply to a
person who conspires with an entity actively involved in the
creation or knowing distribution of material in violation of
section 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323,
2907.33, or 2907.34 of the Revised Code or who knowingly
advertises the availability of material of that nature.
(3) Division (D)(1) of this section does not apply to a
person who provides access or connection to
a
computer facility,
system, or network
an electronic method of remotely transferring
information that is
engaged in the violation of section
2907.31,
2907.311, 2907.32,
2907.321, 2907.322, 2907.323, 2907.33,
or
2907.34 of the Revised
Code and that contains content that
person
has selected and
placed
in or on the facility, system, or network
introduced into the
electronic method of remotely transferring
information
or content over which that
person exercises editorial
control.
(E) An employer is not guilty of a violation of section
2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33,
or 2907.34 of the Revised Code based on the actions of an employee
or agent of the employer unless the employee's or agent's conduct
is within the scope of employee's or agent's employment or agency,
and the employer does either of the following:
(1) With knowledge of the employee's or agent's conduct, the
employer authorizes or ratifies the conduct.
(2) The employer recklessly disregards the employee's or
agent's conduct.
(F) It is an affirmative defense to a charge under section
2907.31 or 2907.311 of the Revised Code as the section applies to
an image transmitted through the internet
or another electronic
method of
remotely transmitting information that the person
charged
with
violating the section has taken, in good faith,
reasonable,
effective, and appropriate actions under the
circumstances to
restrict or prevent access by juveniles to
material that is
harmful to juveniles, including any method that
is feasible under
available technology.
(G) If any provision of this section, or the application of
any provision of this section to any person or circumstance, is
held invalid, the invalidity does not affect other provisions or
applications of this section or related sections that can be given
effect without the invalid provision or application. To this end,
the provisions are severable.
Sec. 2919.22. (A) No person, who is the parent, guardian,
custodian, person having custody or control, or person in loco
parentis of a child under eighteen years of age or a mentally or
physically handicapped child under twenty-one years of age, shall
create a substantial risk to the health or safety of the child,
by
violating a duty of care, protection, or support. It is not a
violation of a duty of care, protection, or support under this
division when the parent, guardian, custodian, or person having
custody or control of a child treats the physical or mental
illness or defect of the child by spiritual means through prayer
alone, in accordance with the tenets of a recognized religious
body.
(B) No person shall do any of the following to a child under
eighteen years
of age or a mentally or physically handicapped
child under twenty-one years of
age:
(2) Torture or cruelly abuse the child;
(3) Administer corporal punishment or other physical
disciplinary measure, or physically restrain the child in a cruel
manner or for a prolonged period, which punishment, discipline,
or
restraint is excessive under the circumstances and creates a
substantial risk of serious physical harm to the child;
(4) Repeatedly administer unwarranted disciplinary
measures
to the child, when there is a substantial risk that such
conduct,
if continued, will seriously impair or retard the
child's mental
health or development;
(5) Entice, coerce, permit, encourage, compel, hire,
employ,
use, or allow the child to act, model, or in any other
way
participate in, or be photographed for, the production,
presentation, dissemination, or advertisement of any material or
performance that the offender knows or reasonably should know
is
obscene,
is sexually oriented matter, or is nudity-oriented
matter.
(C)(1) No person shall operate a vehicle, streetcar, or
trackless trolley within this state in violation of division
(A)
of section 4511.19 of the Revised Code when one or more
children
under eighteen years of age are in the vehicle,
streetcar, or
trackless trolley. Notwithstanding any other
provision of law, a
person may be convicted at the same trial or
proceeding of a
violation of this division and a violation of
division (A) of
section 4511.19 of the Revised Code that
constitutes
the basis of
the charge of the violation of this
division. For
purposes of
sections 4511.191
to 4511.197 of the Revised
Code
and all
related
provisions of
law, a person arrested for a
violation of
this
division shall be
considered to be under arrest
for operating
a
vehicle while under
the influence of alcohol, a
drug of abuse,
or
a combination of
them or for
operating a
vehicle with a prohibited
concentration of
alcohol in
the
whole blood,
blood serum or
plasma,
breath, or
urine.
(2) As used in division (C)(1) of this section,
"vehicle,"
"streetcar," and
"trackless trolley" have the same meanings as in
section 4511.01 of the Revised Code.
(D)(1) Division (B)(5) of this section does not apply to
any
material or performance that is produced, presented, or
disseminated for a bona fide medical, scientific, educational,
religious, governmental, judicial, or other proper purpose, by or
to a physician, psychologist, sociologist, scientist, teacher,
person pursuing bona fide studies or research, librarian,
member
of the clergy, prosecutor, judge, or other
person having a proper
interest in the material or performance.
(2) Mistake of age is not a defense to a charge under
division (B)(5) of this section.
(3) In a prosecution under division (B)(5) of this
section,
the trier of fact may infer that an actor, model, or
participant
in the material or performance involved is a juvenile
if the
material or performance, through its title, text, visual
representation, or otherwise, represents or depicts the actor,
model, or participant as a juvenile.
(4) As used in this division and division (B)(5) of this
section:
(a)
"Material,"
"performance,"
"obscene," and
"sexual
activity" have the same meanings as in section 2907.01 of the
Revised Code.
(b)
"Nudity-oriented matter" means any material or
performance that shows a minor in a state of nudity and that,
taken as a whole by the average person applying contemporary
community standards, appeals to prurient interest.
(c)
"Sexually oriented matter" means any material or
performance that shows a minor participating or engaging in
sexual
activity, masturbation, or bestiality.
(E)(1) Whoever violates this section is guilty of
endangering children.
(2) If the offender violates division (A) or (B)(1) of
this
section, endangering children is one of the following:
(a) Except as otherwise provided in division
(E)(2)(b), (c),
or (d) of this
section, a misdemeanor of the first degree;
(b) If the offender previously has
been convicted of an
offense under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, except as
otherwise provided in division (E)(2)(c) or
(d) of this
section, a felony of the fourth degree;
(c) If the violation is a violation of division (A) of this
section and results in serious physical harm to the
child
involved, a felony of the third degree;
(d) If the violation is a violation of division (B)(1)
of
this section
and results in serious physical harm to the child
involved, a felony of the
second degree.
(3) If the offender violates division (B)(2), (3), or (4)
of
this section, except as otherwise provided in this division,
endangering children is a felony of the third
degree. If the
violation results in serious
physical
harm to the child involved,
or if the offender previously has been
convicted of an offense
under this section or of any offense
involving neglect,
abandonment, contributing to the delinquency
of, or physical abuse
of a child, endangering children is a
felony of the second degree.
(4) If the offender violates division (B)(5) of
this
section, endangering children is a felony of the second
degree.
(5) If the offender violates division (C) of this section,
the offender shall be punished as follows:
(a) Except as otherwise provided in division
(E)(5)(b) or
(c) of this section, endangering children in violation of
division
(C) of
this section is a misdemeanor of the first degree.
(b) If the violation results in serious physical harm to the
child involved or the offender previously has been convicted of
an
offense under this section or any offense involving neglect,
abandonment, contributing to the delinquency of, or physical
abuse
of a child, except as otherwise provided in division
(E)(5)(c) of
this section, endangering
children in violation of
division
(C) of
this section is a felony of the fifth degree.
(c) If the violation results in serious physical harm to
the
child involved and if the offender previously has been
convicted
of a violation of division (C) of this section, section
2903.06 or
2903.08 of the Revised Code, section 2903.07
of the Revised Code
as it existed prior to March 23, 2000,
or section
2903.04 of the
Revised Code in a case in which the offender was
subject to the
sanctions described in division (D) of that
section, endangering
children in violation of division (C) of
this section is a felony
of the fourth degree.
(d) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction it imposes upon the offender
pursuant to division (E)(5)(a), (b), or (c) of this section or
pursuant to any other provision of law and in addition to any
suspension
of the offender's driver's
or commercial driver's
license or permit or nonresident operating
privilege under
Chapter
4506.,
4509.,
4510., or 4511. of the
Revised Code or
under
any
other provision of law, the court also
may impose upon the
offender a class seven suspension of the
offender's driver's or
commercial driver's license or permit or
nonresident operating
privilege from the range specified in
division (A)(7) of section
4510.02 of the Revised Code.
(e) In addition to any term of imprisonment, fine, or
other
sentence, penalty, or sanction imposed upon the offender
pursuant
to division (E)(5)(a), (b), (c), or (d) of this section
or
pursuant to any other provision of law for the violation of
division (C) of this section, if as part of the same trial or
proceeding the offender also is convicted of or pleads guilty to
a
separate charge charging the violation of division (A) of
section
4511.19 of the Revised Code that was the basis of the
charge of
the violation of division (C) of this section, the
offender also
shall be sentenced in accordance with section
4511.19 of
the
Revised Code for that violation of division (A)
of section
4511.19
of the Revised Code.
(F)(1)(a)
A court
may require an offender to perform
not
more
than two hundred hours of supervised
community
service work
under
the authority of an agency,
subdivision, or
charitable
organization,
if the
offender agrees to perform the supervised
community service work. The requirement shall be
part of the
community control sanction or sentence of the offender, and
the
court shall impose the community service
in accordance with and
subject to divisions
(F)(1)(a) and (b) of this section. The court
may require an
offender whom it requires to perform supervised
community service
work as part of the offender's community control
sanction or
sentence to pay the
court a reasonable fee to
cover
the costs of the offender's participation in the work,
including,
but
not limited to, the costs of procuring a policy or policies of
liability insurance to cover the period during which the offender
will perform the work. If the court requires the offender to
perform supervised community service work as part of the
offender's community control sanction or
sentence, the court shall
do so in accordance with the
following limitations and criteria:
(i) The court shall require that the community service
work
be performed after completion of the term of imprisonment
or jail
term
imposed
upon the offender for the violation of division (C)
of
this
section, if applicable.
(ii) The supervised community service work shall be
subject
to the limitations set forth in divisions
(F)(1)(a) to (c)
(B)(1),
(2), and (3) of
section 2951.02 of the Revised Code.
(iii) The community service work shall be supervised in
the
manner described in division
(F)(1)(d)(B)(4) of section 2951.02 of
the
Revised
Code by an official or person with the qualifications
described in that
division. The official or person periodically
shall report in writing to the
court concerning the conduct of the
offender in performing the work.
(iv) The court shall inform the offender in writing that
if
the offender does not adequately perform, as determined by
the
court, all of the required community service work, the court may
order
that the offender be committed to a jail or workhouse for a
period of time
that does not exceed the term of imprisonment that
the court could have
imposed upon the offender for the violation
of division (C) of this section,
reduced by the total amount of
time that the offender actually
was imprisoned under the sentence
or term that was imposed upon
the offender for that violation and
by the total amount of time
that the offender was confined for any
reason arising out of the
offense for which the offender was
convicted and sentenced as
described in
sections 2949.08 and
2967.191 of the Revised Code, and that, if
the court orders that
the offender be so committed, the court
is authorized, but not
required, to grant the offender
credit upon the period of the
commitment for the community service work that
the offender
adequately performed.
(b) If a court, pursuant to
division
(F)(1)(a) of this
section, orders an offender to
perform
community service work as
part of the offender's community
control
sanction or
sentence and
if the offender does not
adequately
perform all of the required
community service work, as
determined
by the court, the court may
order that the offender be
committed
to a jail or workhouse for a
period of time that does
not exceed
the term of imprisonment that
the court
could have
imposed
upon
the offender for the violation
of division (C) of
this
section,
reduced by the total amount of
time that the
offender
actually was
imprisoned under the sentence
or term that
was
imposed upon the
offender for that violation and
by the total
amount of time that
the offender was confined for any
reason
arising out of the
offense for which the offender was
convicted
and sentenced as
described in sections 2949.08 and
2967.191 of the
Revised Code.
The court may order that a person
committed pursuant
to this
division shall receive hour-for-hour
credit upon the
period of the
commitment
for the community service
work that the
offender
adequately
performed. No
commitment
pursuant to this
division
shall exceed the period of the term of
imprisonment that
the
sentencing court could have imposed upon the
offender
for the
violation of division (C) of this section,
reduced by the total
amount
of time that the offender actually was
imprisoned under
that sentence or term
and by the total amount of
time that the
offender was confined for
any reason arising out of
the offense
for which the offender
was convicted and sentenced as
described in
sections 2949.08 and 2967.191 of
the Revised Code.
(2)
Division (F)(1) of this
section
does
not
limit or
affect the authority of the court to
suspend the
sentence
imposed
upon a misdemeanor offender and place
the
offender
on
probation or
otherwise suspend the sentence
under a community control sanction
pursuant to
sections
2929.51 and
2951.02
section 2929.25 of the
Revised Code, to
require
the
a
misdemeanor
or felony offender,
as
a condition of the offender's
probation
or of
otherwise
suspending
the offender's sentence, to
perform
supervised
community service
work in accordance with
division
(F)(B)
of
section
2951.02 of the
Revised Code, or to place a
felony
offender
under a
community
control sanction.
(G)(1) If a court suspends an offender's driver's or
commercial driver's license or permit or nonresident operating
privilege under division (E)(5)(d) of this section, the
period
of
the suspension shall be consecutive to, and commence
after, the
period of suspension
of the offender's
driver's or
commercial
driver's license or permit or nonresident
operating
privilege that
is imposed under Chapter 4506.,
4509.,
4510., or
4511. of the
Revised Code or under any other provision
of law in
relation to
the violation of division (C) of this
section that is
the basis of
the suspension under division
(E)(5)(d) of this
section or in
relation to the violation of
division (A) of section
4511.19 of
the Revised Code that is the
basis for that violation
of division
(C) of this section.
(2) An offender is not entitled to request, and the
court
shall
not grant to the offender,
limited driving
privileges
if
the
offender's
license,
permit, or privilege has been
suspended
under division
(E)(5)(d) of this section and the
offender, within
the
preceding
six years, has been convicted of
or pleaded guilty
to
three or more violations of one or
more of the following:
(a) Division (C) of
this section;
(b) Any equivalent offense, as defined in section
4511.181 of
the
Revised Code.
(H)(1) If a person violates division (C) of this section
and
if, at the time of the violation, there were two or more
children
under eighteen years of age in the motor vehicle
involved in the
violation, the offender may be convicted of a
violation of
division (C) of this section for each of the
children, but the
court may sentence the offender for only one of
the violations.
(2)(a) If a person is convicted of or pleads guilty to a
violation of division (C) of this section but the person is not
also convicted of and does not also plead guilty to a separate
charge charging the violation of division (A) of section 4511.19
of the Revised Code that was the basis of the charge of the
violation of division (C) of this section, both of the following
apply:
(i) For purposes of the provisions of section
4511.19 of
the
Revised Code that set forth the penalties and
sanctions for a
violation of division (A) of section 4511.19 of
the Revised Code,
the conviction of or plea of guilty to the
violation of division
(C) of this section shall not constitute a
violation of division
(A) of section 4511.19 of the Revised Code;
(ii) For purposes of any provision of law that refers to a
conviction of or plea of guilty to a violation of division (A) of
section 4511.19 of the Revised Code and that is not described in
division (H)(2)(a)(i) of this section, the conviction of or plea
of guilty to the violation of division (C) of this section shall
constitute a conviction of or plea of guilty to a violation of
division (A) of section 4511.19 of the Revised Code.
(b) If a person is convicted of or pleads guilty to a
violation of division (C) of this section and the person also is
convicted of or pleads guilty to a separate charge charging the
violation of division (A) of section 4511.19 of the Revised Code
that was the basis of the charge of the violation of division (C)
of this section, the conviction of or plea of guilty to the
violation of division (C) of this section shall not constitute,
for purposes of any provision of law that refers to a conviction
of or plea of guilty to a violation of division (A) of section
4511.19 of the Revised Code, a conviction of or plea of guilty to
a violation of division (A) of section 4511.19 of the Revised
Code.
(I) As used in this section:
(1)
"Community control
sanction"
has the
same meaning as in
section 2929.01 of the Revised
Code;
(2)
"Limited driving privileges" has the same meaning as in
section 4501.01 of the Revised Code.
Sec. 2923.14. (A) Any person who, solely by reason of
his
the
person's disability under division (A)(2) or (3) of section
2923.13 of the
Revised Code, is prohibited from acquiring, having,
carrying, or using
firearms, may apply to the court of common
pleas in the
county
where he
in which the person resides for
relief from such
prohibition.
(B) The application shall recite the following:
(1) All indictments, convictions, or adjudications upon
which the applicant's disability is based, the sentence imposed
and served, and
probation
any release granted under a community
control sanction, post-release control sanction,
or parole,
or
any
partial or conditional
pardon granted, or other disposition of
each case;
(2) Facts showing the applicant to be a fit subject for
relief under this section.
(C) A copy of the application shall be served on the
county
prosecutor, who.
The county prosecutor shall
cause the matter to
be investigated,
and shall raise before the court
such
any
objections to granting
relief
as
that the investigation reveals.
(D) Upon hearing, the court may grant the applicant relief
pursuant to this section, if all of the following apply:
(1) The applicant has been fully discharged from
imprisonment,
probation
community control, post-release control,
and parole, or, if
he
the applicant is
under indictment, has been
released on bail or recognizance;.
(2) The applicant has led a law-abiding life since
his
discharge or release, and appears likely to continue to do so;.
(3) The applicant is not otherwise prohibited by law from
acquiring, having, or using firearms.
(E) Costs of the proceeding shall be charged as in other
civil cases, and taxed to the applicant.
(F) Relief from disability granted pursuant to this
section:
(1) Applies only with respect to indictments, convictions,
or adjudications recited in the application;
(2) Applies only with respect to firearms lawfully
acquired,
possessed, carried, or used by the applicant;
(3) Does not apply with respect to dangerous ordnance;
(4) May be revoked by the court at any time for good cause
shown and upon notice to the applicant;
(5) Is automatically void upon commission by the applicant
of any offense
embraced by
set forth in division (A)(2) or (3)
of
section
2923.13 of the Revised Code, or upon the applicant's
becoming one
of the class of persons named in division (A)(1),
(4), or (5) of
such
that section.
(G) As used in this section:
(1)
"Community control sanction" has the same meaning as in
section
2929.01 of the Revised Code.
(2)
"Post-release control" and
"post-release control
sanction" have the
same meanings as in section 2967.01 of the
Revised Code.
Sec. 2925.11. (A) No person shall knowingly obtain,
possess, or use a controlled substance.
(B) This section does not apply to any of the following:
(1) Manufacturers, licensed health professionals
authorized
to prescribe drugs, pharmacists, owners of
pharmacies, and other
persons whose conduct was in accordance
with Chapters 3719.,
4715., 4723., 4729., 4731.,
and 4741. of the Revised Code;
(2) If the offense involves an anabolic steroid, any
person
who is conducting or participating in a research project
involving
the use of an anabolic steroid if the project has been
approved by
the United States food and drug administration;
(3) Any person who sells, offers for sale, prescribes,
dispenses, or administers for livestock or other nonhuman species
an anabolic steroid that is expressly intended for administration
through implants to livestock or other nonhuman species and
approved for that purpose under the
"Federal Food, Drug, and
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,
and is sold, offered for sale, prescribed, dispensed, or
administered for that purpose in accordance with that act;
(4) Any person who obtained the controlled substance
pursuant to a prescription issued by a licensed health
professional authorized to prescribe drugs.
(C) Whoever violates division (A) of this section is guilty
of
one of the following:
(1) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule I or II,
with the
exception of marihuana,
cocaine, L.S.D.,
heroin, and
hashish, whoever violates division (A) of
this section is guilty
of aggravated possession of drugs. The
penalty for the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(1)(b), (c),
(d), or (e) of
this section, aggravated possession of drugs is a
felony of the fifth degree, and division (B) of section 2929.13 of
the Revised
Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than five times the
bulk amount,
aggravated possession of drugs is a felony of the third degree,
and there is a presumption for a prison term for the offense.
(c) If the amount of the drug involved equals or exceeds
five times the bulk amount but is less than
fifty times the
bulk
amount, aggravated possession of drugs is a felony of the
second
degree, and the court shall impose as a mandatory prison
term one
of the prison terms prescribed for a felony of the
second degree.
(d) If the amount of the drug involved equals or exceeds
fifty times
the bulk amount
but is less than one hundred times the
bulk
amount, aggravated possession
of drugs is a felony of the
first degree, and the court shall impose as a
mandatory prison
term one of the prison terms prescribed for a felony of the
first
degree.
(e) If the amount of the drug involved equals or exceeds one
hundred
times the bulk
amount, aggravated possession of drugs is a
felony of the first degree, the
offender is a major drug offender,
and
the court shall impose as a mandatory prison term the maximum
prison term
prescribed for a felony of the first degree and may
impose an additional
mandatory prison term prescribed for a major
drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(2) If the drug involved in the violation is a compound,
mixture,
preparation, or substance included in schedule III, IV,
or V,
whoever violates division (A) of this section is
guilty of
possession of
drugs. The penalty for the offense shall be
determined as
follows:
(a) Except as otherwise provided in division
(C)(2)(b), (c),
or (d) of this section,
possession of drugs is a misdemeanor of
the third degree or, if the offender previously has been
convicted
of a drug abuse offense, a misdemeanor of the second
degree. If
the drug involved in the violation is an anabolic
steroid included
in schedule III and if the offense is a
misdemeanor of the third
degree under this division, in lieu of
sentencing the offender to
a term of imprisonment in a detention
facility, the court may
place the offender
on conditional
probation
under a community
control sanction, as defined in section 2929.01 of the Revised
Code, that requires the offender to perform supervised community
service work pursuant to
division
(F)(B) of section 2951.02 of the
Revised
Code.
(b) If the amount of the drug involved equals or exceeds
the
bulk amount but is less than five times the
bulk amount,
possession of drugs is a felony of the fourth degree, and division
(C) of section 2929.13 of the Revised Code applies in determining
whether to
impose a prison term on the offender.
(c) If the amount of the drug involved equals or exceeds
five times the bulk amount but is less than
fifty times the
bulk
amount, possession of drugs is a felony of the third degree,
and
there is a presumption for a prison term for the offense.
(d) If the amount of the drug involved equals or exceeds
fifty times the bulk amount, possession of drugs is a felony of
the second degree, and the court shall impose upon the offender
as
a mandatory prison term one of the prison terms prescribed for
a
felony of the second degree.
(3) If the drug involved in the violation is marihuana or a
compound,
mixture, preparation, or substance containing marihuana
other than
hashish, whoever violates
division (A) of this
section
is guilty of possession of marihuana. The penalty for
the offense
shall be determined as follows:
(a) Except as otherwise provided in division
(C)(3)(b), (c),
(d), (e), or
(f) of this section, possession of marihuana is a
minor
misdemeanor.
(b) If the amount of the drug involved equals
or exceeds one
hundred grams but is less than
two hundred
grams, possession of
marihuana is a misdemeanor of the fourth
degree.
(c) If the amount of the drug involved equals or exceeds
two
hundred grams but is less than one thousand
grams,
possession of
marihuana is a felony of the fifth degree, and
division (B) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds
one
thousand grams but is less than five
thousand grams,
possession of
marihuana is a felony of the third degree, and
division (C) of
section 2929.13 of the Revised Code applies in determining
whether
to impose a prison term on the offender.
(e) If the amount of the drug involved equals or exceeds
five thousand grams but is less than twenty
thousand grams,
possession of marihuana is a felony of the third degree, and
there
is a presumption that a prison term shall be imposed for
the
offense.
(f) If the amount of the drug involved equals or exceeds
twenty thousand grams, possession of marihuana is a felony of the
second degree, and the court shall impose as a mandatory prison
term the maximum prison term prescribed for a felony of the
second
degree.
(4) If the drug involved in
the violation is cocaine or a
compound, mixture, preparation, or substance
containing cocaine,
whoever violates division (A)
of this section is guilty of
possession of cocaine. The penalty
for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(4)(b), (c),
(d), (e), or
(f) of this section, possession of cocaine is a
felony of the
fifth degree, and division (B) of section 2929.13 of
the Revised Code
applies in determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds
five grams but is less than twenty-five grams of
cocaine that is
not crack
cocaine or equals or exceeds one gram but is less than
five grams
of crack cocaine, possession of
cocaine is a felony of
the fourth degree, and there is a
presumption for a prison term
for the offense.
(c) If the amount of the drug involved equals or exceeds
twenty-five grams but is less than one hundred
grams
of cocaine
that is not crack cocaine or equals or
exceeds five grams but is
less than ten grams of crack cocaine,
possession of
cocaine is a
felony of the third degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the third degree.
(d) If the amount of the drug involved equals or exceeds
one
hundred grams but is less than five hundred
grams
of cocaine that
is not crack cocaine or equals or
exceeds ten grams but is less
than twenty-five grams of crack cocaine,
possession
of
cocaine is
a felony of the second degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five hundred grams but is less than one thousand
grams
of cocaine
that is not crack cocaine or
equals or exceeds twenty-five grams
but
is less than one hundred grams of crack cocaine,
possession of
cocaine is a felony of the first degree, and the
court shall
impose as a mandatory prison term one of the prison
terms
prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds
one
thousand grams of cocaine that is not crack
cocaine or equals or
exceeds one
hundred grams of crack cocaine, possession of cocaine
is a felony of
the first degree, the offender is a major drug
offender, and the
court shall impose as a mandatory prison
term
the maximum prison term prescribed for a felony of the first
degree and may impose an additional mandatory prison term
prescribed for a major drug offender under division
(D)(3)(b) of
section 2929.14 of the
Revised Code.
(5) If the drug involved in the violation is
L.S.D., whoever
violates division
(A) of this section is guilty of possession of
L.S.D. The penalty for the offense shall
be determined as
follows:
(a) Except as otherwise provided in division
(C)(5)(b), (c),
(d), (e), or (f) of this section, possession of L.S.D. is a
felony
of the fifth degree, and division (B) of section 2929.13 of the
Revised
Code applies in determining whether to impose a prison
term on the offender.
(b) If the amount of L.S.D. involved equals or exceeds ten
unit doses
but is less than fifty unit doses
of L.S.D. in a solid
form or equals or exceeds one gram
but is less than five grams of
L.S.D.
in a liquid concentrate, liquid extract, or liquid
distillate
form, possession of
L.S.D. is a felony of the fourth
degree,
and division (C) of section 2929.13 of the Revised Code
applies in determining
whether to impose a prison term on the
offender.
(c) If the amount of
L.S.D. involved equals or exceeds fifty
unit doses,
but is less than two hundred fifty unit doses
of
L.S.D. in a solid form or equals or exceeds five grams
but is less
than twenty-five grams of L.S.D.
in a liquid concentrate, liquid
extract, or liquid distillate
form, possession of L.S.D. is a
felony of the third degree, and there is a
presumption for a
prison term for the offense.
(d) If the amount of
L.S.D. involved equals or exceeds two
hundred fifty
unit doses but is less than one thousand unit
doses
of L.S.D. in a solid form or equals or exceeds twenty-five
grams
but is less than one hundred grams of
L.S.D. in a liquid
concentrate,
liquid extract, or liquid distillate form,
possession
of L.S.D. is a felony of the
second degree, and the court shall
impose as a mandatory prison
term one of the prison terms
prescribed for a felony of the
second degree.
(e) If the amount of
L.S.D. involved equals or exceeds one
thousand unit
doses but is less than five thousand unit doses
of
L.S.D. in a solid form or equals or exceeds one hundred
grams but
is less than five hundred grams of
L.S.D.
in a liquid concentrate,
liquid extract, or liquid distillate
form, possession of L.S.D. is
a felony of the first degree,
and the court shall impose as a
mandatory prison term one of the
prison terms prescribed for a
felony of the first degree.
(f) If the amount of
L.S.D. involved equals or exceeds five
thousand
unit doses
of L.S.D. in a solid form or equals or exceeds
five
hundred grams of L.S.D.
in a liquid concentrate, liquid
extract, or liquid distillate
form, possession of L.S.D. is a
felony of the first degree, the offender is a major drug
offender,
and the court shall impose as a
mandatory prison term the maximum
prison term prescribed for a
felony of the first degree and may
impose an additional mandatory
prison term prescribed for a major
drug offender under division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(6) If the drug involved in the violation is heroin or a
compound,
mixture, preparation, or substance containing heroin,
whoever violates division (A) of this section is guilty
of
possession of heroin. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(6)(b), (c),
(d), (e), or
(f) of this section, possession of heroin is a felony
of the fifth
degree, and division (B) of section 2929.13 of the
Revised Code applies in
determining whether to impose a prison
term on the offender.
(b) If the amount of the drug involved equals or exceeds ten
unit doses
but is less than fifty unit doses or equals or exceeds
one gram but is less than five grams, possession
of heroin is
a
felony of the fourth degree, and division (C) of section 2929.13
of the Revised Code applies in determining whether to impose a
prison term on
the offender.
(c) If the amount of the drug involved equals or exceeds
fifty unit doses
but is less than one hundred unit doses or equals
or exceeds
five grams but is less than ten grams,
possession of
heroin is
a felony of the third degree, and there is a presumption
for a
prison term for the offense.
(d) If the amount of the drug involved equals or exceeds one
hundred unit
doses but is less than five hundred unit doses or
equals or exceeds
ten grams but is less than fifty grams,
possession of heroin
is a felony of the second degree, and the
court shall impose as a
mandatory prison term one of the prison
terms prescribed for a
felony of the second degree.
(e) If the amount of the drug involved equals or exceeds
five hundred unit
doses but is less than two thousand five hundred
unit doses or equals or
exceeds
fifty grams but is less than two
hundred fifty
grams,
possession of heroin is a felony of the first
degree, and the
court shall impose as a mandatory prison term one
of the prison
terms prescribed for a felony of the first degree.
(f) If the amount of the drug involved equals or exceeds two
thousand five
hundred unit doses or equals or exceeds
two hundred
fifty grams, possession of heroin is a felony of the
first degree,
the offender is a major drug offender, and the
court shall impose
as a mandatory prison
term the maximum prison term prescribed for
a felony of the first
degree and may impose an additional
mandatory prison term
prescribed for a major drug offender under
division
(D)(3)(b) of section 2929.14 of the
Revised Code.
(7) If the drug involved in the violation is hashish or a
compound,
mixture, preparation, or substance containing hashish,
whoever violates division (A) of this section is guilty
of
possession of hashish. The penalty for the offense shall be
determined as follows:
(a) Except as otherwise provided in division
(C)(7)(b), (c),
(d), (e), or
(f) of this section, possession of hashish is a minor
misdemeanor.
(b) If the amount of the drug involved equals or exceeds
five grams but is less than ten grams of hashish
in a solid form
or equals
or exceeds one gram but is less than two grams
of
hashish in a liquid
concentrate, liquid extract, or liquid
distillate form, possession of
hashish is a misdemeanor of the
fourth degree.
(c) If the amount of the drug involved equals or exceeds
ten
grams but is less than fifty grams of
hashish in a solid form or
equals or
exceeds two grams but is less than ten grams of
hashish
in a liquid
concentrate, liquid extract, or liquid distillate
form,
possession of hashish is a felony of the fifth degree, and
division
(B) of section 2929.13 of the Revised Code applies in
determining whether to
impose
a prison term on the offender.
(d) If the amount of the drug involved equals or exceeds
fifty grams but is less than two hundred fifty
grams of hashish in
a solid
form or equals or exceeds ten grams but is
less than fifty
grams of hashish in a
liquid concentrate, liquid extract, or
liquid distillate form,
possession of hashish is a felony of the
third degree, and division
(C) of section 2929.13 of the Revised
Code applies in determining whether to impose
a prison term on the
offender.
(e) If the amount of the drug involved equals or exceeds
two
hundred fifty grams but is less than one
thousand grams of hashish
in a
solid form or equals or exceeds fifty grams but
is less than
two hundred grams of
hashish in a liquid concentrate, liquid
extract, or liquid distillate form,
possession of hashish is a
felony of the third degree, and there is a
presumption that a
prison term shall be imposed for the offense.
(f) If the amount of the drug involved equals or exceeds
one
thousand grams of hashish in a solid form or equals or exceeds two
hundred grams of
hashish in a liquid concentrate, liquid extract,
or liquid distillate form,
possession of hashish is a felony of
the
second degree, and the court shall impose as a mandatory
prison
term the maximum prison term prescribed for a felony of the
second
degree.
(D) Arrest or conviction for a minor misdemeanor violation
of this section does not constitute a criminal record and need
not
be reported by the person so arrested or convicted in
response to
any inquiries about the person's criminal record,
including any
inquiries contained in any application for
employment, license, or
other right or privilege, or made in
connection with the person's
appearance as a witness.
(E) In addition to any prison term
or jail term authorized
or
required by
division (C) of this section and sections
2929.13
and, 2929.14, 2929.22, 2929.24, and 2929.25 of
the Revised Code
and in
addition to any other sanction that is
imposed for the
offense
under this section
or, sections 2929.11 to
2929.18, or
sections 2929.21 to 2929.28 of
the
Revised Code, the court that
sentences an
offender
who is convicted of or pleads guilty to a
violation of
division
(A) of this section shall do all of the
following that are
applicable regarding the offender:
(1)(a) If the violation is a felony of the
first, second, or
third degree, the court shall impose upon the
offender the
mandatory fine specified for the offense under
division (B)(1) of
section 2929.18 of the Revised
Code unless, as specified in that
division, the court
determines that the offender is indigent.
(b) Notwithstanding any contrary provision of section
3719.21 of the Revised Code, the clerk of the
court shall pay a
mandatory fine or other fine
imposed for a violation of this
section pursuant to division (A) of section
2929.18 of the Revised
Code in accordance with and subject to the requirements
of
division (F) of section 2925.03 of the Revised Code. The agency
that
receives the fine shall use the fine as specified in division
(F) of section
2925.03 of the Revised Code.
(c) If a person is charged with a violation of this section
that is a felony
of the first, second, or third degree, posts
bail, and forfeits the bail, the
clerk shall pay the forfeited
bail pursuant to division
(E)(1)(b) of this section as if it were
a mandatory fine
imposed under division (E)(1)(a) of this section.
(2) The court shall suspend for not less than six months or
more than five
years the
offender's driver's or commercial
driver's license
or permit.
(3) If the offender is a professionally licensed person, in
addition to any other sanction imposed
for
a violation of this
section, the court
immediately
shall comply with section
2925.38
of the Revised Code.
(F) It is an affirmative defense, as provided in section
2901.05 of the Revised Code, to a charge of a fourth degree felony
violation under this section that the controlled substance that
gave
rise
to the charge is in an
amount, is in a form, is
prepared, compounded, or mixed with substances that
are
not
controlled substances in a manner, or is possessed
under any
other
circumstances, that indicate that the substance was possessed
solely for
personal use.
Notwithstanding any contrary provision
of this section, if, in accordance
with section 2901.05 of the
Revised Code, an accused who is charged with a
fourth degree
felony violation of division (C)(2), (4), (5), or (6) of this
section
sustains the burden of going forward with evidence of and
establishes by a
preponderance of the evidence the affirmative
defense described in this
division, the accused may be prosecuted
for and may plead guilty to or be
convicted of a misdemeanor
violation of division (C)(2) of this
section or a fifth degree
felony violation of division (C)(4), (5), or (6) of this section
respectively.
(G) When a person is charged with possessing a bulk amount
or
multiple of a bulk amount, division (E) of section 2925.03 of
the Revised Code
applies regarding the determination of the amount
of the controlled substance
involved at the time of the offense.
Sec. 2929.01. As used in this chapter:
(A)(1) "Alternative residential facility" means, subject to
division (A)(2)
of this section, any facility other than an
offender's home
or residence in which an offender is assigned to
live
and that satisfies all of the following criteria:
(a) It provides programs through which the offender may seek
or maintain
employment or may receive education, training,
treatment, or
habilitation.
(b) It has received the appropriate license or certificate
for any
specialized education, training, treatment, habilitation,
or
other service that it provides from the government agency that
is responsible for licensing or certifying that type of
education,
training, treatment, habilitation, or service.
(2) "Alternative residential facility" does
not include a
community-based correctional facility, jail,
halfway house, or
prison.
(B) "Bad time" means the time by which the parole board
administratively extends an offender's stated prison term or terms
pursuant to
section 2967.11 of the Revised Code because the parole
board
finds by clear and convincing evidence that the
offender,
while serving the prison term or terms, committed an
act that is a
criminal offense under the law of this state or the
United States,
whether or not the offender is prosecuted for
the commission of
that act.
(C) "Basic probation supervision" means a
requirement that
the offender maintain contact with a person
appointed
to supervise
the offender in accordance
with sanctions imposed by the court or
imposed by the parole board pursuant to
section 2967.28 of the
Revised Code. "Basic probation supervision"
includes basic parole
supervision and basic post-release control
supervision.
(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and
"unit dose" have the
same meanings as in section 2925.01 of the
Revised Code.
(E) "Community-based correctional
facility" means a
community-based correctional facility and
program or district
community-based correctional facility and
program developed
pursuant to sections 2301.51 to 2301.56 of the
Revised Code.
(F) "Community control sanction"
means a sanction that is
not a prison term and that is described
in section 2929.15,
2929.16, 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not a jail term and that is described in
section 2929.26,
2929.27, or 2929.28 of the Revised Code.
"Community control
sanction" includes probation if the sentence involved was
imposed
for a felony that was committed prior to July 1, 1996, or if
the
sentence involved was imposed for a misdemeanor that was committed
prior
to January 1, 2004.
(G) "Controlled substance," "marihuana," "schedule I,"
and
"schedule II" have the same meanings as in section 3719.01 of the
Revised
Code.
(H) "Curfew" means a requirement that
an offender during a
specified period of time be at a designated
place.
(I) "Day reporting" means a sanction
pursuant to which an
offender is required each day to report to
and leave a center or
other approved reporting location at
specified times in order to
participate in work, education or
training, treatment, and other
approved programs at the center or
outside the center.
(J) "Deadly weapon" has the same
meaning as in section
2923.11 of the Revised
Code.
(K) "Drug and alcohol use monitoring"
means a program under
which an offender agrees to submit to
random chemical analysis of
the offender's blood, breath, or urine to
determine whether the
offender has ingested any alcohol or other
drugs.
(L) "Drug treatment program" means
any program under which a
person undergoes assessment and treatment designed
to
reduce or
completely eliminate the person's physical or emotional reliance
upon alcohol, another drug, or alcohol and another drug and under
which the person may be required to
receive assessment and
treatment on an outpatient basis or may be required to
reside at a
facility other than the person's home or residence while
undergoing assessment and treatment.
(M) "Economic loss" means any
economic detriment suffered by
a victim as a result of the commission of a
felony and includes
any loss
of income due to lost
time at work because of any injury
caused to the victim, and any
property loss, medical cost, or
funeral expense incurred as a
result of the commission of the
felony.
(N) "Education or training" includes
study at, or in
conjunction with a program offered by, a
university, college, or
technical college or vocational study and
also includes the
completion of primary school, secondary school,
and literacy
curricula or their equivalent.
(O)
"Electronically monitored house
arrest" has the same
meaning as in section 2929.23 of the
Revised Code.
(P) "Eligible offender" has the same
meaning as in section
2929.23 of the Revised Code
except as otherwise specified in
section 2929.20 of the
Revised Code.
(Q) "Firearm" has the same meaning as
in section 2923.11 of
the Revised Code.
(R)(P) "Halfway house" means a facility
licensed by the
division of parole and community services of the department of
rehabilitation and correction pursuant to section
2967.14 of the
Revised Code as a suitable
facility for the care and treatment of
adult offenders.
(S)(Q) "House arrest" means a period of confinement of an
eligible offender that
is in the
eligible offender's home or in
other premises specified by the
sentencing court or by the parole
board
pursuant to section 2967.28 of the Revised Code, that may be
electronically monitored house arrest, and during which all of
the
following apply:
(1) The
eligible offender is required to remain in the
eligible offender's
home or other specified premises
for the
specified period of confinement, except for periods of time
during
which the
eligible offender is at the
eligible offender's place of
employment or at other
premises as authorized by the sentencing
court or by the parole board.
(2) The
eligible offender is required
to report periodically
to a person designated by the
court or parole board.
(3) The
eligible offender is subject to any other
restrictions and requirements that may be imposed by the
sentencing court or by the parole board.
(T)(R) "Intensive probation supervision" means a
requirement
that an offender maintain frequent contact with a
person appointed
by the court, or by the parole board pursuant to section
2967.28
of the Revised Code, to supervise the offender while the
offender
is seeking or maintaining necessary employment and
participating
in training, education, and treatment programs as
required in the
court's or parole board's order. "Intensive
probation
supervision" includes intensive parole supervision and intensive
post-release control supervision.
(U)(S) "Jail" means a jail, workhouse,
minimum security
jail,
or other residential facility
used for the confinement of
alleged
or convicted offenders that
is operated by a political
subdivision
or a combination of
political subdivisions of this
state.
(T) "Jail term" means the term in a jail that a sentencing
court
imposes or is authorized to impose pursuant to section
2929.24 or
2929.25 of the
Revised Code or pursuant to any other
provision of the Revised Code that authorizes a term in a jail for
a misdemeanor conviction.
(U) "Mandatory jail term" means the term in a jail that a
sentencing court is required to impose pursuant to division (G) of
section 1547.99 of the Revised Code, division (B)
of section
4510.14 of the Revised Code, or division
(G) of section 4511.19 of
the Revised Code or pursuant to any other provision of the
Revised
Code that requires a term in a jail for a misdemeanor
conviction.
(V) "Delinquent child" has the same meaning as in section
2152.02 of the
Revised Code.
(W) "License violation report" means
a report that is made
by a sentencing court, or by the parole board pursuant
to section
2967.28 of the Revised Code, to the regulatory or
licensing board
or agency that issued an offender a professional
license or a
license or permit to do business
in this state and that specifies
that the offender has been
convicted of or pleaded guilty to an
offense that may violate the
conditions under which the offender's
professional license or
license or permit to do business in this
state was granted or an offense
for which the offender's
professional license or license or permit to do
business in this
state may be revoked or suspended.
(X) "Major drug offender" means an
offender who is convicted
of or pleads guilty to the possession
of, sale of, or offer to
sell any drug, compound, mixture,
preparation, or substance that
consists of or contains at least
one thousand grams of hashish; at
least one hundred
grams of crack cocaine; at least one thousand
grams of cocaine that is not
crack cocaine; at least two thousand
five hundred unit doses or two
hundred fifty grams of
heroin; at
least five thousand unit doses of
L.S.D. or five hundred grams of
L.S.D. in a
liquid concentrate, liquid extract, or liquid
distillate form; or at least
one hundred times the
amount of any
other schedule I or II controlled
substance other than marihuana
that is necessary to commit a
felony of the third degree pursuant
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised
Code
that is based on the possession of, sale of, or offer to sell
the
controlled substance.
(Y) "Mandatory prison term" means any of the
following:
(1) Subject to division (Y)(2) of this section,
the term in
prison that must be imposed for the offenses or
circumstances set
forth in divisions (F)(1) to (8) or
(F)(12) of section
2929.13 and
division (D) of section 2929.14 of the
Revised Code. Except as
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and
2925.11 of the
Revised Code, unless the maximum or another
specific term is required under section 2929.14 of the
Revised
Code, a mandatory prison term described in this division may be
any prison term authorized for the level of offense.
(2) The term of sixty or one hundred twenty days in prison
that a sentencing court is required to impose for a third or
fourth degree
felony
OVI offense pursuant
to division (G)(2)
of
section 2929.13 and division
(G)(1)(d) or
(e) of
section
4511.19
of
the Revised Code.
(3) The term in prison imposed pursuant to section 2971.03
of the Revised Code for the offenses and in the circumstances
described in
division (F)(11) of section 2929.13 of the Revised
Code and
that term as
modified or terminated pursuant to
section
2971.05 of the Revised Code.
(Z) "Monitored time" means a period
of time during which an
offender continues to be under the
control of the sentencing court
or parole board, subject to no
conditions other than leading a
law-abiding life.
(AA) "Offender" means a person who,
in this state, is
convicted of or pleads guilty to a felony or a
misdemeanor.
(BB) "Prison" means a residential
facility used for the
confinement of convicted felony offenders
that is under the
control of the department of rehabilitation and
correction but
does not include a violation sanction center operated under
authority of section 2967.141 of the Revised Code.
(CC) "Prison term" includes any of the following
sanctions
for an offender:
(1) A stated prison term;
(2) A term in a prison shortened by, or with the
approval
of, the sentencing court pursuant to section 2929.20,
2967.26,
5120.031, 5120.032, or 5120.073 of the
Revised Code;
(3) A term in prison extended by bad time imposed
pursuant
to section 2967.11 of the Revised Code
or imposed for a violation
of post-release control pursuant to
section 2967.28 of the Revised
Code.
(DD) "Repeat violent offender" means
a person about whom
both of the following apply:
(1) The person has been convicted of or has pleaded
guilty
to, and is being sentenced for committing, for
complicity in
committing, or for an attempt to commit, aggravated murder,
murder, involuntary manslaughter, a felony of the first degree
other than one set forth in Chapter 2925. of the Revised
Code, a
felony of the first degree set forth in Chapter
2925. of the
Revised Code that involved an attempt
to cause serious physical
harm to a person or that resulted in serious
physical harm to a
person, or a
felony of the second degree that involved an attempt
to cause serious physical
harm to a person
or that resulted in
serious physical harm to a person.
(2) Either of the following applies:
(a) The person previously was convicted of or pleaded
guilty
to, and
previously served
or, at the time of the offense was
serving, a prison term for, any of the following:
(i) Aggravated murder, murder, involuntary manslaughter,
rape, felonious
sexual penetration as it existed under
section
2907.12 of the Revised Code prior to September 3,
1996, a felony
of the first or second degree that resulted in the death
of a
person or in physical harm to a person, or complicity in or an
attempt
to commit any of those offenses;
(ii) An offense under an existing or
former law of this
state, another state, or the
United States that is or was
substantially equivalent to an offense listed
under division
(DD)(2)(a)(i) of this section and that
resulted in the death of a
person or in physical harm to a person.
(b) The person previously was adjudicated a delinquent child
for
committing an act that if committed by an adult would have
been an offense
listed in division
(DD)(2)(a)(i) or (ii) of this
section, the person was committed to the department of youth
services for that
delinquent act.
(EE) "Sanction" means any penalty
imposed upon an offender
who is convicted of or pleads guilty to
an offense, as punishment
for the offense. "Sanction"
includes any sanction imposed
pursuant to any provision of
sections 2929.14 to 2929.18
or
2929.24 to 2929.28 of the
Revised Code.
(FF) "Sentence" means the sanction or
combination of
sanctions imposed by the sentencing court on an
offender who is
convicted of or pleads guilty to
a felony
an offense.
(GG) "Stated prison term" means the
prison term, mandatory
prison term, or combination of all
prison terms and mandatory
prison terms imposed by the
sentencing court pursuant to section
2929.14 or 2971.03 of the
Revised Code. "Stated prison term"
includes any credit received by the offender for time spent in
jail awaiting trial, sentencing, or transfer to prison for the
offense and any time spent under house arrest or
electronically
monitored house arrest
with electronic monitoring imposed after
earning credits pursuant to
section 2967.193 of the Revised Code.
(HH) "Victim-offender mediation"
means a reconciliation or
mediation program that involves an
offender and the victim of the
offense committed by the offender and that
includes a meeting in
which the offender and the victim may discuss the
offense, discuss
restitution, and consider other sanctions for
the offense.
(II) "Fourth degree felony
OVI offense" means a
violation
of division (A) of section
4511.19 of the Revised
Code
that, under
division (G) of that section, is a felony of the fourth
degree.
(JJ) "Mandatory term of local
incarceration" means the term
of sixty or one hundred twenty days in a jail, a
community-based
correctional facility, a halfway house, or an alternative
residential facility that a sentencing court may impose upon a
person who is convicted of or pleads guilty to a fourth degree
felony
OVI offense pursuant to division (G)(1) of section
2929.13
of the Revised Code and division
(G)(1)(d) or
(e)
of section
4511.19 of
the
Revised Code.
(KK) "Designated homicide, assault, or kidnapping
offense,"
"sexual motivation specification," "sexually violent offense,"
"sexually violent predator," and "sexually violent predator
specification"
have the same meanings as in section 2971.01 of the
Revised Code.
(LL) "Habitual sex offender," "sexually oriented
offense,"
and "sexual predator" have the same meanings as in section 2950.01
of the Revised Code.
(MM) An offense is "committed in the vicinity of a child"
if
the offender commits the offense within thirty feet of or within
the same
residential unit as a child who
is under eighteen years
of age, regardless of whether the offender knows the
age of the
child or whether the offender knows the offense is
being committed
within thirty feet of or within the same residential unit as
the
child and regardless of whether the child actually views the
commission of
the offense.
(NN) "Family or household member" has the same meaning as
in
section 2919.25 of the Revised Code.
(OO) "Motor vehicle" and "manufactured home" have the
same
meanings as in section 4501.01 of the Revised Code.
(PP) "Detention" and "detention facility" have the same
meanings as in section 2921.01 of the Revised Code.
(QQ) "Third degree felony
OVI offense" means a
violation of
division (A) of section 4511.19 of the Revised Code
that, under
division (G) of that section, is a felony of
the third
degree.
(RR) "Random drug testing" has the same meaning as in
section 5120.63 of the Revised Code.
(SS) "Felony sex offense" has the same meaning as in
section
2957.28
2967.28 of the Revised Code.
(TT) "Body armor" has the same meaning as in section
2941.1411 of the Revised Code.
(UU) "Electronic monitoring" means monitoring through the
use of an electronic monitoring device.
(VV) "Electronic monitoring device" means any of the
following:
(1) Any device that can be operated by electrical or battery
power and that conforms with all of the following:
(a) The device has a transmitter that can be attached to a
person, that will transmit a specified signal to a receiver of the
type described in division (VV)(1)(b) of this section if the
transmitter is removed from the person, turned off, or altered in
any manner without prior court approval in relation to electronic
monitoring or without prior approval of the department of
rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with, that can transmit continuously and
periodically a signal to that receiver when the person is within a
specified distance from the receiver, and that can transmit an
appropriate signal to that receiver if the person to whom it is
attached travels a specified distance from that receiver.
(b) The device has a receiver that can receive continuously
the signals transmitted by a transmitter of the type described in
division (VV)(1)(a) of this section, can transmit continuously
those signals by telephone to a central monitoring computer of the
type described in division (VV)(1)(c) of this section, and can
transmit continuously an appropriate signal to that central
monitoring computer if the receiver is turned off or altered
without prior court approval or otherwise tampered with.
(c) The device has a central monitoring computer that can
receive continuously the signals transmitted by telephone by a
receiver of the type described in division (VV)(1)(b) of this
section and can monitor continuously the person to whom an
electronic monitoring device of the type described in division
(VV)(1)(a) of this section is attached.
(2) Any device that is not a device of the type described in
division (VV)(1) of this section and that conforms with all of the
following:
(a) The device includes a transmitter and receiver that can
monitor and determine the location of a subject person at any
time, or at a designated point in time, through the use of a
central monitoring computer or through other electronic means.
(b) The device includes a transmitter and receiver that can
determine at any time, or at a designated point in time, through
the use of a central monitoring computer or other electronic means
the fact that the transmitter is turned off or altered in any
manner without prior approval of the court in relation to the
electronic monitoring or without prior approval of the department
of rehabilitation and correction in relation to the use of an
electronic monitoring device for an inmate on transitional control
or otherwise is tampered with.
(3) Any type of technology that can adequately track or
determine the location of a subject person at any time and that is
approved by the director of rehabilitation and correction,
including, but not limited to, any satellite technology, voice
tracking system, or retinal scanning system that is so approved.
Sec. 2929.17. The court imposing a sentence for a
felony
upon an offender who is not required to serve a mandatory
prison
term may impose any nonresidential sanction or combination
of
nonresidential sanctions authorized under this section.
If the
court imposes one or more nonresidential sanctions authorized
under
this section, the court shall impose
as a condition of the
sanction that, during the period of the nonresidential
sanction,
the offender shall abide by the law and shall not leave the state
without the permission of the court or the offender's probation
officer.
The court imposing a sentence for a fourth degree felony
OVI
offense under division (G)(1)
of section 2929.13 of the
Revised
Code may impose upon the offender, in
addition to the
mandatory
term of local incarceration imposed under that
division,
a
nonresidential
sanction or combination of nonresidential
sanctions
under this section, and
the offender shall serve or
satisfy the
sanction or combination of sanctions
after the
offender has served
the mandatory term of local incarceration
required for the
offense. Nonresidential sanctions include, but
are not
limited
to, the following:
(A) A term of day reporting;
(B) A term of
electronically monitored house arrest
with
electronic monitoring, a
term
of electronic monitoring without
house arrest, or a term of
house
arrest without electronic
monitoring;
(C) A term of community service of up to five hundred
hours
pursuant to division
(F)(B) of section 2951.02 of the
Revised Code
or, if the court determines that the
offender is financially
incapable of fulfilling a financial
sanction described in section
2929.18 of the Revised
Code, a term of community service as an
alternative to a
financial sanction;
(D) A term in a drug treatment program with a level of
security for the offender as determined necessary by the court;
(E) A term of intensive probation supervision;
(F) A term of basic probation supervision;
(G) A term of monitored time;
(H) A term of drug and alcohol use monitoring, including
random drug testing
pursuant to section 2951.05 of the Revised
Code;
(J) A requirement that the offender obtain employment;
(K) A requirement that the offender obtain education
or
training;
(L) Provided the court obtains the prior approval of the
victim,
a requirement that the offender participate in
victim-offender mediation;
(M) A license violation report;
(N) If the offense is a violation of section 2919.25 or a
violation of section 2903.11, 2903.12, or 2903.13 of the Revised
Code involving a person who was a family or household member at
the
time of the violation, if the offender committed the offense
in the vicinity
of one or more children who are not victims of the
offense, and if the
offender or the victim of the offense is a
parent, guardian, custodian, or
person in loco parentis of one or
more of those children, a requirement that
the
offender obtain
counseling. This division does not limit the
court in requiring
the offender to obtain counseling for any offense or in any
circumstance not specified in this division.
Sec. 2929.18. (A) Except as otherwise provided in this
division and in addition to imposing court costs pursuant to
section 2947.23
of the Revised Code, the court imposing a sentence
upon an offender for a
felony may sentence the offender to any
financial sanction or combination of
financial
sanctions
authorized under this section or, in the circumstances specified
in section
2929.25
2929.32 of the Revised Code, may impose upon
the
offender a fine in accordance with that section.
Financial
sanctions
that may be imposed pursuant to this section
include,
but are
not limited to, the following:
(1) Restitution by the offender to the victim of the
offender's crime or any survivor of the victim, in an amount
based
on the victim's economic loss. The court shall order that the
restitution be made
to the victim in open court, to the adult
probation department that serves
the county
on behalf of the
victim, to the clerk of courts, or to
another agency
designated by
the court, except that it. The order may include
a requirement
that reimbursement be made to third parties for
amounts paid to
or
on behalf of the victim or any survivor of the
victim for economic
loss resulting from the offense. If
reimbursement to third
parties is
required, the reimbursement
shall be made to any
governmental
agency to repay any amounts paid
by the agency to or
on behalf of the
victim or
any survivor of the
victim for economic
loss resulting from the
offense before any
reimbursement is made
to any person other than
a governmental
agency. If no
governmental agency incurred
expenses for economic
loss of the
victim or any survivor of the
victim resulting from
the offense,
the reimbursement shall be
made to any person other
than a
governmental agency to repay
amounts paid by that person to
or on
behalf of the victim or any
survivor of the
victim for
economic
loss of the victim resulting from the
offense. The court
shall
not require an offender to repay an insurance
company for
any
amounts the company paid on behalf of the offender pursuant to
a
policy of insurance. At sentencing, the court shall determine
the
amount of
restitution to be made by the offender.
The court may
base the amount of restitution it orders on an amount recommended
by the victim, the offender, a presentence investigation report,
estimates or receipts indicating the cost of repairing or
replacing property, and other information. The court shall hold a
hearing on restitution if the offender, victim, or survivor
disputes the amount. All
restitution payments
shall be credited
against any recovery of
economic loss in a
civil action brought by
the victim or any
survivor of the victim
against the offender.
The court may order that the offender pay a surcharge of not
more than five per cent of the amount of the restitution otherwise
ordered to the entity responsible for collecting and processing
restitution payments.
The victim or survivor may request that the prosecuting
attorney file a motion, or the offender may file a motion, for
modification of the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate.
(2) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision, or as described in division (B)(2)
of this
section to one or more law enforcement agencies, with the
amount
of the fine based on a standard percentage of the
offender's daily
income over a period of time determined by the
court and based
upon the seriousness of the offense. A fine
ordered under this
division shall not exceed the
statutory
maximum conventional fine
amount authorized for
the level of the offense under division
(A)(3) of this section.
(3) Except as provided in division (B)(1), (3), or (4) of
this section, a fine payable by the offender to the state, to a
political subdivision when appropriate for a felony, or as
described in division (B)(2) of this section to one or
more law
enforcement agencies, in the following amount:
(a) For a felony of the first degree, not more
than twenty
thousand dollars;
(b) For a felony of the second degree, not more
than fifteen
thousand dollars;
(c) For a felony of the third degree, not more
than ten
thousand dollars;
(d) For a felony of the fourth degree, not more
than five
thousand dollars;
(e) For a felony of the fifth degree, not more
than two
thousand five hundred dollars.
(4)
A state fine or costs as defined in section 2949.111 of
the Revised Code.
(5)(a)
Reimbursement by the
offender of any or
all of the
costs of
sanctions incurred by the government,
including the
following:
(i) All or part of the costs of implementing
any community
control sanction, including a supervision fee under section
2951.021 of the Revised Code;
(ii) All or part of the costs of confinement
under a
sanction imposed pursuant to section 2929.14 or 2929.16
of the
Revised Code, provided that the amount of
reimbursement ordered
under this division shall not exceed
the total amount of
reimbursement the
offender is able to pay as determined at a
hearing and shall not exceed the
actual cost of the confinement.
(b) If the offender is sentenced to a sanction of
confinement pursuant to
section 2929.14 or 2929.16 of the Revised
Code that is to be served in a facility
operated by a board of
county commissioners, a legislative authority of a
municipal
corporation, or another local governmental entity,
if, pursuant to
section 307.93, 341.14, 341.19,
341.23,
753.02, 753.04, 753.16,
2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the
Revised Code,
the
board,
legislative
authority, or other local
governmental
entity requires
prisoners
convicted of an offense
other than a
minor misdemeanor
to
reimburse
the county, municipal
corporation,
or other entity
for
its expenses incurred
by reason
of the
prisoner's confinement,
and if the
court
does not impose a
financial
sanction under
division (A)(4)(5)(a)(ii)
of this
section,
confinement
costs may be
assessed pursuant to section
2929.37 of
the Revised Code. In
addition, the offender may be
required to pay
the fees specified
in section 2929.38 of the
Revised Code in
accordance with that
section.
(c) Reimbursement by the offender for costs
pursuant to
section
2929.28
2929.71 of the Revised Code.
(B)(1) For a first, second, or third degree
felony violation
of any provision of Chapter 2925.,
3719., or 4729. of the Revised
Code, the
sentencing court shall impose upon the offender a
mandatory fine
of at least one-half of, but not more than, the
maximum statutory
fine amount authorized for the level of the
offense pursuant to
division (A)(3) of this section. If an
offender alleges in an affidavit filed
with the court prior
to
sentencing that the offender is indigent and unable to pay the
mandatory fine and if the court determines the offender is an
indigent person and is unable to pay the mandatory fine described
in this
division, the court shall not impose the mandatory fine
upon the offender.
(2) Any mandatory fine imposed upon an offender under
division (B)(1) of this section and any fine imposed upon
an
offender under division (A)(2) or (3) of this section
for any
fourth or fifth degree felony violation of any provision
of
Chapter 2925., 3719., or 4729. of the Revised
Code shall be paid
to law enforcement agencies pursuant
to division (F) of section
2925.03 of the Revised
Code.
(3) For a fourth degree felony
OVI
offense and for a third
degree felony OVI offense, the sentencing
court shall impose upon
the offender a mandatory fine
in the amount specified in division
(G)(1)(d) or (e) of section 4511.19
of the Revised
Code, whichever
is applicable. The
mandatory fine
so imposed shall be
disbursed
as provided in
the division pursuant to which it is imposed.
(4) Notwithstanding any fine
otherwise authorized or
required to be imposed under division
(A)(2) or (3) or (B)(1) of
this section or section 2929.31
of the Revised Code for a
violation of section 2925.03 of the Revised Code, in
addition to
any
penalty or sanction imposed for that offense under section
2925.03 or sections 2929.11 to 2929.18 of the
Revised Code and in
addition to the
forfeiture of property in connection with the
offense as
prescribed in sections 2925.42 to 2925.45 of the
Revised Code, the court that sentences
an offender for a violation
of section 2925.03 of
the Revised Code may impose upon the
offender a fine in addition to any fine imposed under division
(A)(2) or (3) of this section
and in addition to any mandatory
fine imposed under division
(B)(1) of this section. The fine
imposed under division
(B)(4) of this section shall be used as
provided in division
(H) of section 2925.03 of the Revised Code.
A
fine
imposed under division (B)(4) of this section shall not
exceed
whichever of the following is applicable:
(a) The total value of any personal
or real property in
which the offender has an interest and that
was used in the course
of, intended for use in the course of,
derived from, or realized
through conduct in violation of
section 2925.03 of the Revised
Code, including any
property that constitutes proceeds derived
from that offense;
(b) If the offender has no interest
in any property of the
type described in division
(B)(4)(a) of this section or if it is
not possible to
ascertain whether
the offender has an interest in
any property of that type in
which the offender may have an
interest, the amount of the
mandatory fine for the offense imposed
under division
(B)(1) of this section or, if no mandatory fine is
imposed under
division (B)(1) of this section, the amount of the
fine authorized
for the level of the offense
imposed under
division (A)(3) of this section.
(5) Prior to imposing a fine under division
(B)(4) of this
section, the
court shall determine whether the offender has an
interest in
any property of the type described in division
(B)(4)(a) of this section. Except as provided in
division (B)(6)
or (7) of this section,
a fine that is authorized and imposed
under division
(B)(4) of this section does not
limit or affect the
imposition of the penalties and sanctions
for a violation of
section 2925.03 of the Revised Code
prescribed under
those
sections
or sections 2929.11 to 2929.18 of the
Revised Code and
does not limit or
affect a forfeiture of property in connection
with the offense
as prescribed in sections 2925.42 to 2925.45 of
the
Revised Code.
(6) If the sum total of a mandatory fine amount imposed
for
a first, second, or third degree felony violation of section
2925.03
of the Revised Code under division
(B)(1) of this section
plus the
amount of any fine imposed under division
(B)(4) of this
section does not
exceed the maximum statutory fine amount
authorized for the
level of the offense under division (A)(3) of
this section or
section 2929.31 of the Revised Code, the court may
impose a
fine for the offense in addition to the mandatory fine
and the
fine imposed under division (B)(4) of this section. The
sum total of the amounts of the mandatory fine, the fine imposed
under division (B)(4) of this
section, and the additional fine
imposed under division
(B)(6) of this section shall
not exceed the
maximum statutory fine amount authorized for the
level of the
offense under division (A)(3) of this section or
section 2929.31
of the Revised Code. The clerk of the court
shall pay any fine
that is imposed under division
(B)(6) of this section to the
county, township, municipal
corporation, park district as
created
pursuant to section 511.18 or 1545.04 of the
Revised Code, or
state law enforcement
agencies in this state that primarily were
responsible for or
involved in making the arrest of, and in
prosecuting, the
offender pursuant to division (F) of section
2925.03 of the
Revised Code.
(7) If the sum total of the amount of a mandatory fine
imposed for a first, second, or third degree felony violation of
section 2925.03 of the Revised Code plus the amount of any
fine
imposed under division (B)(4) of this section exceeds
the maximum
statutory fine amount authorized for the level of
the offense
under division (A)(3) of this section or
section 2929.31 of the
Revised Code, the court shall not
impose a fine under division
(B)(6) of this section.
(C)(1) The offender shall pay reimbursements
imposed upon
the offender pursuant to division
(A)(4)(5)(a) of this
section to
pay
the costs incurred by the department of rehabilitation and
correction in operating a
prison or other facility used to confine
offenders pursuant to sanctions
imposed under section 2929.14 or
2929.16 of the Revised
Code to the treasurer of state. The
treasurer of state
shall deposit the reimbursements in the
confinement cost
reimbursement fund that is hereby created in the
state
treasury. The department of rehabilitation and correction
shall
use the amounts deposited in the fund to fund the operation
of
facilities used to confine offenders pursuant to sections
2929.14
and 2929.16 of the Revised Code.
(2) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(4)(5)(a) of this
section to pay
the
costs incurred by a county pursuant to any
sanction imposed
under
this section or section 2929.16 or 2929.17
of the Revised
Code or
in operating a facility
used to confine offenders pursuant
to a
sanction imposed under
section 2929.16 of the Revised Code to
the
county
treasurer. The county treasurer shall deposit the
reimbursements in the sanction cost reimbursement fund that each
board of county commissioners shall create in its county
treasury.
The county shall use the amounts deposited in the fund
to pay the
costs incurred by the county pursuant to any sanction
imposed
under this section or section 2929.16 or 2929.17 of the
Revised
Code or in operating a facility used to
confine offenders pursuant
to a sanction imposed under section
2929.16 of the Revised Code.
(3) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed upon the
offender pursuant to division
(A)(4)(5)(a) of this
section to pay
the
costs incurred by a municipal corporation
pursuant to any
sanction
imposed under this section or section
2929.16 or 2929.17
of the
Revised Code or in
operating a facility used to confine
offenders
pursuant to a
sanction imposed under section 2929.16 of
the
Revised
Code to the treasurer of the municipal
corporation.
The
treasurer shall deposit the reimbursements
in a special fund
that
shall be established in the
treasury of each municipal
corporation. The municipal
corporation shall use the amounts
deposited in the fund to pay
the costs incurred by the municipal
corporation pursuant to any
sanction imposed under this section or
section 2929.16 or 2929.17
of the Revised Code or in operating a
facility
used to confine offenders pursuant to a sanction imposed
under
section 2929.16 of the Revised Code.
(4) Except as provided in section 2951.021 of the Revised
Code, the offender
shall pay reimbursements imposed pursuant to
division
(A)(4)(5)(a) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or section
2929.16 or 2929.17 of the Revised Code to the provider.
(D)
A
Except as otherwise provided in this division, a
financial sanction imposed pursuant to division (A) or
(B) of this
section is a judgment in favor of the state or a
political
subdivision in which the court that imposed the
financial
sanction
is located, except that a. A financial sanction of
reimbursement
imposed pursuant to division
(A)(4)(5)(a)(ii) of this
section upon
an
offender who is incarcerated in a state facility
or a municipal
jail is a judgment in favor of the state or the
municipal
corporation, a. A financial sanction of reimbursement
imposed
upon an
offender pursuant to this section for costs
incurred by a
private provider of
sanctions is a judgment in favor
of the
private provider, and a. A
financial sanction of restitution
imposed
pursuant to this section is a judgment in favor of the
victim of
the offender's criminal act. The offender subject to
the sanction is the
judgment debtor. Imposition of a financial
sanction and execution on the
judgment does not preclude any other
power of the court to impose or enforce
sanctions on the offender.
Once the financial sanction is
imposed as a judgment, the victim,
private provider, state, or
political subdivision may bring an
action to do any of the following:
(1) Obtain execution of the judgment through any
available
procedure, including:
(a) An execution against the property of the
judgment debtor
under Chapter 2329. of the
Revised Code;
(b) An execution against the person of the
judgment debtor
under Chapter 2331. of the
Revised Code;
(c) A proceeding in aid of execution under
Chapter 2333. of
the Revised Code,
including:
(i) A proceeding for the examination of the
judgment debtor
under sections 2333.09 to 2333.12 and sections
2333.15 to 2333.27
of the Revised Code;
(ii) A proceeding for attachment of the person
of the
judgment debtor under section 2333.28 of the
Revised Code;
(iii) A creditor's suit under section 2333.01
of the Revised
Code.
(d) The attachment of the property of the
judgment debtor
under Chapter 2715. of the
Revised Code;
(e) The garnishment of the property of the
judgment debtor
under Chapter 2716. of the Revised Code.
(2) Obtain an order for the assignment of wages of the
judgment debtor under section 1321.33 of the Revised
Code.
(E) A court that imposes a financial sanction upon an
offender may hold a
hearing if necessary to determine whether the
offender is able to pay the
sanction or is likely in the future to
be able to pay it.
(F) Each court imposing a financial sanction
upon an
offender under this section or under section
2929.25
2929.32 of
the
Revised
Code may designate
a
the clerk of the court
employee
or another person to collect, or
the financial sanction. The
clerk or other person authorized by law or the court to collect
the financial sanction may
enter into contracts with one or more
public agencies or private
vendors for the collection of, amounts
due under the financial
sanction imposed pursuant to this
section
or section
2929.25
2929.32 of
the Revised Code. Before entering
into a
contract for the
collection of
amounts due from an offender
pursuant to any
financial sanction imposed
pursuant to this
section or section
2929.25
2929.32 of the Revised Code,
a court
shall comply with sections
307.86 to 307.92 of the
Revised Code.
(G) If a court that imposes a financial
sanction under
division (A) or (B) of this section
finds that an offender
satisfactorily
has completed all other sanctions imposed upon the
offender and that all
restitution that has been ordered has been
paid as ordered, the
court may suspend any financial sanctions
imposed pursuant to this section
or section
2929.25
2929.32 of the
Revised
Code that have not been
paid.
(H) No financial sanction imposed under this
section or
section
2929.25
2929.32 of the Revised Code shall preclude a
victim from
bringing a civil action against the offender.
Sec. 2929.19. (A)(1) The court shall hold a sentencing
hearing
before imposing a sentence
under this chapter upon an
offender who was convicted of or
pleaded guilty to a felony and
before resentencing an offender
who was convicted of or pleaded
guilty to a felony and whose case
was remanded pursuant to section
2953.07 or 2953.08 of the Revised
Code. At the hearing, the
offender, the prosecuting attorney, the victim or
the victim's
representative in accordance with section 2930.14 of
the Revised
Code, and, with the approval of the
court, any other person may
present information relevant to the
imposition of sentence in the
case. The court shall inform the
offender of the verdict of the
jury or finding of the court and
ask the offender whether the
offender has anything to say as to why
sentence should not be
imposed upon the offender.
(2) Except as otherwise provided in this division, before
imposing sentence on an offender who is being
sentenced for a
sexually oriented offense that was committed on or after
January
1, 1997,
and that is not a sexually violent offense,
and before
imposing sentence on an offender who is being sentenced for a
sexually violent offense committed on or after January 1,
1997,
and who was not
charged with a sexually violent
predator
specification in the indictment, count in the indictment, or
information charging the sexually violent offense, the court shall
conduct a
hearing in accordance with division (B)
of section
2950.09 of the Revised Code to
determine whether the offender is a
sexual predator. The court shall not
conduct a hearing under that
division if the offender is being sentenced for a
sexually violent
offense and a sexually violent predator specification was
included
in the
indictment, count in the indictment, or information
charging the
sexually violent offense. Before imposing sentence
on an
offender who is being sentenced for a sexually oriented
offense,
the court also shall comply with division (E) of section
2950.09 of
the Revised Code.
(B)(1) At the sentencing hearing, the court,
before imposing
sentence, shall consider the record,
any information presented at
the hearing by any person pursuant
to division (A) of this
section, and, if one was
prepared, the presentence investigation
report made pursuant to
section 2951.03 of the Revised Code or
Criminal Rule 32.2, and any victim impact
statement made pursuant
to section 2947.051 of the
Revised Code.
(2) The court shall impose a sentence and shall make a
finding that gives its reasons for selecting the sentence
imposed
in any of the following circumstances:
(a) Unless the offense is a sexually violent offense for
which
the court is required to impose sentence pursuant to
division (G) of
section 2929.14 of the Revised Code, if it imposes
a prison term for a felony
of the fourth or fifth degree or for a
felony drug
offense that is a violation of a provision of
Chapter
2925. of the Revised Code and that is specified as
being subject
to division (B)
of section 2929.13 of the Revised Code for
purposes of
sentencing, its reasons for imposing the prison term,
based upon the overriding purposes and principles of felony
sentencing set
forth in section 2929.11 of the Revised Code, and
any factors
listed in divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code that it found to apply relative to the
offender.
(b) If it does not impose a
prison term for a felony of the
first or second degree or for
a felony drug offense that is a
violation of a
provision of Chapter 2925. of
the Revised Code and
for which a
presumption in favor of a prison term is specified as
being
applicable, its reasons for not imposing the prison term and
for
overriding the presumption, based upon the overriding purposes
and principles of felony sentencing set forth in section 2929.11
of the Revised Code, and the basis of the findings it made under
divisions (D)(1) and (2) of
section 2929.13 of the Revised Code.
(c) If it imposes consecutive sentences under
section
2929.14 of the Revised Code, its reasons for imposing
the
consecutive sentences;
(d) If the sentence is for one offense and it imposes a
prison term for the
offense that is the maximum prison term
allowed for that offense by division
(A) of section 2929.14 of the
Revised Code, its reasons for imposing the
maximum prison term;
(e) If the sentence is for two or more offenses arising out
of a single
incident and it imposes a prison term for those
offenses that is the maximum
prison term allowed for the offense
of the highest degree by division (A) of
section 2929.14 of the
Revised Code, its reasons for imposing the maximum
prison term.
(3) Subject to division (B)(4) of
this section, if the
sentencing court determines at the
sentencing hearing that a
prison term is necessary or required,
the court shall do all of
the following:
(a) Impose a stated prison term;
(b) Notify the offender that, as part of the sentence,
the
parole board may extend the stated prison term for certain
violations of
prison rules for up to
one-half of the stated prison
term;
(c) Notify the offender that the offender will be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is
being sentenced for a
felony of
the first degree or second
degree, for a felony
sex offense, or
for a felony of the third degree in the commission of which
the
offender caused or threatened to cause physical harm to a person;
(d) Notify the offender that the offender may be supervised
under section 2967.28 of the Revised Code after the offender
leaves prison if
the
offender is being sentenced for a
felony of
the third, fourth, or fifth degree that is not subject to
division
(B)(3)(c) of this section;
(e) Notify the offender that, if a
period of supervision is
imposed following
the
offender's release from prison, as described
in division
(B)(3)(c) or (d) of this
section, and if the offender
violates that supervision or a condition of
post-release control
imposed under division (B) of section 2967.131 of the
Revised
Code, the parole board may
impose a prison
term, as part of the
sentence, of up to one-half of the stated
prison term originally
imposed
upon the offender;
(f) Require that the offender not ingest or be injected with
a drug of abuse
and submit to random drug testing as provided in
section 341.26, 753.33, or
5120.63 of the Revised Code, whichever
is applicable to the offender who is
serving a prison term, and
require that the results of the drug test
administered under any
of those sections indicate that the offender did not
ingest or was
not injected with a drug of abuse.
(4) If the offender is being sentenced for a sexually
violent offense
that the offender committed on or after January 1,
1997,
and the offender also is convicted of or pleads guilty to a
sexually
violent predator specification that was included in the
indictment, count in
the indictment, or information charging the
sexually violent offense, if the
offender is being sentenced
for
a
sexually oriented offense that the offender
committed on or
after
January 1, 1997, and the court
imposing the sentence has
determined pursuant to division (B) of
section 2950.09 of
the
Revised Code that the offender is a sexual predator,
or if the
offender is being sentenced for an aggravated sexually oriented
offense as defined in section 2950.01 of the Revised Code that the
offender committed on or after
the effective date of this
amendment
June 13, 2002, the
court
shall include in the offender's
sentence a
statement that
the
offender has been adjudicated as
being a sexual
predator
or has been convicted of or pleaded guilty
to an
aggravated sexually oriented offense, whichever is
applicable, and
shall
comply with the requirements of section
2950.03 of the
Revised
Code. Additionally, in the circumstances
described in
division
(G) of section 2929.14 of the Revised Code,
the court
shall impose
sentence on
the offender as described in
that
division.
(5) If the sentencing court determines at the
sentencing
hearing that a community control sanction should be
imposed and
the court is not prohibited from imposing a community control
sanction, the court shall impose a community control sanction.
The
court shall notify the offender that, if the conditions of the
sanction are violated, if
the offender commits a violation of any
law, or if the offender leaves this
state without the permission
of the court or the offender's probation
officer, the court
may
impose a longer time under
the same sanction, may impose a more
restrictive sanction, or may
impose a prison term on the offender
and shall indicate the
specific prison term that may be imposed as
a sanction for the
violation, as selected by the court from the
range of prison
terms for the offense pursuant to section 2929.14
of the
Revised Code.
(6) Before imposing a financial sanction under section
2929.18 of the Revised Code or a fine under section
2929.25
2929.32 of the
Revised
Code, the court shall consider the
offender's present and
future ability to
pay the amount of the
sanction or fine.
(7) If the sentencing court sentences the offender to a
sanction of confinement pursuant to section 2929.14 or 2929.16 of
the Revised Code that is to be served in a local detention
facility, as defined in section
2929.35
2929.36 of the Revised
Code, and
if the local detention facility is covered by a policy
adopted
pursuant to section 307.93, 341.14, 341.19, 341.21,
341.23,
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code
and section 2929.37 of the Revised Code, both of the
following
apply:
(a) The court shall specify both of the following as part of
the sentence:
(i) If the offender is presented with an itemized bill
pursuant to section 2929.37 of the Revised Code for payment of the
costs of confinement, the offender is required to pay the bill in
accordance with that section.
(ii) If the offender does not dispute the bill described in
division (B)(7)(a)(i) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
offender as described
in that section.
(b) The sentence automatically includes any certificate of
judgment issued as described in division (B)(7)(a)(ii) of this
section.
(C)(1) If the offender is being sentenced for a fourth
degree felony
OVI offense under division (G)(1) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
term
of
local
incarceration in accordance with that division,
shall impose
a mandatory fine
in accordance with division (B)(3)
of section
2929.18 of the Revised Code,
and, in addition, may
impose
additional sanctions as specified in sections
2929.15,
2929.16,
2929.17, and 2929.18 of the Revised Code. The court
shall
not
impose a prison term on the offender.
(2) If the offender is being sentenced for a third or fourth
degree felony
OVI offense under division (G)(2) of
section
2929.13
of the Revised Code, the court shall impose the mandatory
prison
term in accordance with that
division, shall impose a
mandatory
fine in accordance with division (B)(3) of
section
2929.18 of the
Revised Code, and, in addition, may impose an
additional prison
term as specified in section 2929.14 of the
Revised Code.
The
court shall not impose any community control
sanction on the
offender.
(D)
The sentencing court, pursuant to division (K) of
section
2929.14 of the Revised Code, may recommend placement of
the
offender in a program of
shock incarceration
under section
5120.031 of the Revised Code or an intensive program prison
under
section 5120.032 of the Revised Code, disapprove placement of
the
offender in a program or prison of that nature, or make no
recommendation.
If the court
recommends or disapproves
placement,
it shall make a finding that gives its reasons for its
recommendation
or disapproval.
Sec. 2929.21. (A) A court that sentences an offender for a
misdemeanor or minor misdemeanor shall be
guided by the
overriding
purposes of
misdemeanor sentencing. The
overriding purposes of
misdemeanor
sentencing are to protect the
public from future crime
by the
offender and others and to punish
the offender. To achieve
those
purposes, the sentencing court
shall consider the impact of
the
offense upon the victim and the
need for changing the
offender's
behavior, rehabilitating the
offender, and making
restitution to
the victim of the offense, the
public, or the
victim and the public.
(B)
A sentence imposed for a misdemeanor or minor misdemeanor
shall be reasonably calculated to achieve
the two
overriding
purposes of
misdemeanor sentencing set forth in
division (A) of
this section,
commensurate with and not demeaning
to the
seriousness of the offender's
conduct and its impact
upon
the
victim, and consistent with sentences imposed for similar
offenses
committed by similar
offenders.
(C)
A court that imposes a sentence upon an offender for a
misdemeanor or minor misdemeanor
shall not
base the sentence upon
the race, ethnic background,
gender, or
religion of the offender.
Sec. 2929.22. (A) Unless a mandatory jail term is required
to be
imposed by division (G) of section 1547.99, division (B) of
section 4510.14, division (G) of section 4511.19 of the
Revised
Code, or any other provision of the Revised Code a court that
imposes a sentence under this
chapter upon an
offender for a
misdemeanor or minor misdemeanor has
discretion to
determine the
most effective way to
achieve the
purposes and
principles of
sentencing set forth in
section 2929.21
of the
Revised Code.
Unless a specific sanction is required to be imposed or is
precluded from being imposed by the section setting forth an
offense or the
penalty for an offense or by any provision of
sections 2929.23 to 2929.28 of
the Revised Code, a
court that
imposes a
sentence upon an offender for a misdemeanor may impose
on the offender any sanction or combination of sanctions
under
sections 2929.24 to 2929.28 of the Revised Code. The
court shall
not impose a sentence that imposes an unnecessary burden on local
government
resources.
(B)(1) In determining the appropriate sentence for a misdemeanor, the court shall determine whether the victim of the offense was sixty-five years of age or older, permanently and totally disabled, or under eighteen years of age at the time of the commission of the offense and, to the extent applicable, shall proceed as follows:
(a) If the court determines that the victim was sixty-five years of age or older, permanently and totally disabled, or under eighteen years of age at the time of the commission of the offense, regardless of whether the offender knew the age of the victim or knew of the victim's disability, and if the offense is a misdemeanor other than a minor misdemeanor, the court shall consider that fact in favor of imposing a jail term on the offender, but that fact shall not control the decision of the court.
(b) If the court determines that the victim was sixty-five years of age or older or permanently and totally disabled at the time of the commission of the offense, regardless of whether the offender knew the age of the victim or knew of the victim's disability, the court shall consider that fact in favor of imposing a financial sanction of restitution on the offender under section 2929.28 of the Revised Code, but that fact shall not control the decision of the court.
(2)
In determining the appropriate sentence for a
misdemeanor,
in addition to complying with division (B)(1) of this section, the court shall consider all of the following
factors:
(a) The nature and circumstances of the offense or offenses;
(b) Whether the circumstances regarding the offender and the
offense or offenses indicate that the offender has a history of
persistent criminal activity and that the offender's character and
condition reveal a substantial risk that the offender will commit
another offense;
(c) Whether the circumstances regarding the offender and the
offense or offenses indicate that the offender's history,
character, and condition reveal a substantial risk that the
offender will be a danger to others and that the offender's
conduct has been characterized by a pattern of repetitive,
compulsive, or aggressive behavior with heedless indifference to
the consequences;
(d) The criminal history and character of the offender in
general, in addition to the circumstances described in divisions
(B)(2)(b) and (c) of this section;
(e) Whether the offender is likely to commit future crimes
in general, in addition to the circumstances described in
divisions (B)(2)(b) and (c) of this section.
(3) In determining the appropriate sentence for a
misdemeanor,
in addition to complying with divisions (B)(1) and (2) of this section, the court may consider any other factors that are
relevant to achieving
the purposes and principles of sentencing
set forth in section 2929.21
of the Revised Code.
(C) Before imposing a jail term as a sentence for a
misdemeanor,
a court shall consider the appropriateness of
imposing a community control
sanction or a
combination of
community control
sanctions under
sections 2929.25,
2929.26,
2929.27, and 2929.28 of the Revised
Code. A court
may
impose the
longest jail term authorized under
section
2929.24 of
the Revised
Code only upon offenders who commit
the
worst forms of
the offense
or upon offenders whose conduct and
response to prior
sanctions
for prior offenses demonstrate that
the imposition of
the longest
jail term is necessary to deter the
offender from
committing a
future crime.
(D)(1) A sentencing court shall consider any relevant oral
or
written statement made by the victim, the defendant, the
defense attorney, or
the prosecuting
authority regarding
sentencing for a misdemeanor. This division does not create any
rights to notice
other than those rights authorized by Chapter
2930. of the Revised
Code.
(2) At the time of sentencing for a misdemeanor or as soon
as
possible after sentencing, the court shall notify the victim of
the
offense of the victim's right to file an application for an
award of
reparations pursuant to sections 2743.51 to 2743.72 of
the Revised
Code.
Sec. 2929.23. (A)
If an offender is being sentenced for a
sexually oriented offense that is a misdemeanor
committed on or
after
January 1, 1997, and if the judge imposing
sentence for the
sexually oriented offense determines pursuant to
division (B) of
section 2950.09 of the Revised Code that the
offender is a
sexual
predator, the judge shall include in the
offender's sentence a
statement that
the offender has been
adjudicated a sexual
predator, shall comply with the
requirements of section 2950.03 of
the
Revised Code, and shall
require the offender to submit to a
DNA specimen collection
procedure pursuant to section 2901.07 of
the Revised Code.
(B) Before imposing sentence on an offender who is being
sentenced for a sexually oriented offense that is a misdemeanor
committed
on or after January 1, 1997, the judge shall conduct a
hearing in accordance with division (B) of section 2950.09 of the
Revised Code to determine whether the offender is
a sexual
predator. Before imposing sentence on an offender who is being
sentenced for a sexually oriented offense,
the court also shall
comply with division (E) of section 2950.09
of the Revised Code.
(C) If an offender is being sentenced for a sexually
oriented
offense that is a misdemeanor committed on or after
January 1,
1997, the judge shall include in the sentence a summary
of the offender's duty
to register pursuant
to section 2950.04 of
the Revised Code, the offender's duty to provide notice of an
intent to reside in a county if applicable pursuant to division
(G) of section 2950.04 of the Revised Code, the offender's duty
to
provide notice of a
change in residence address and register the
new
residence address
pursuant to section 2950.05 of the
Revised
Code, the offender's
duty
to periodically verify the offender's
current residence
address pursuant
to section 2950.06 of the
Revised Code, and the
duration of
the duties. The judge shall
inform the offender, at
the time of
sentencing, of those duties
and of their duration and,
if required
under division (A)(2) of
section 2950.03 of the
Revised Code,
shall perform the duties
specified in that section.
Sec. 2929.24. (A) Except as provided in section 2929.22 or
2929.23 of
the
Revised Code and unless another term is required or
authorized
pursuant to law, if the sentencing
court imposing a
sentence upon
an offender for a misdemeanor elects or is
required
to impose a
jail
term on the offender pursuant to this chapter,
the court
shall impose
a definite jail term that shall be one of
the
following:
(1) For a misdemeanor of the first degree, not more than one
hundred eighty days;
(2) For a misdemeanor of the second degree, not more than
ninety
days;
(3) For a misdemeanor of the third degree, not more than
sixty
days;
(4) For a misdemeanor of the fourth degree, not more than
thirty
days.
(B) A court that sentences an offender to a jail term under
this
section may permit the offender to serve the sentence in
intermittent confinement or may authorize a
limited release of the
offender as provided in division (B) of
section 2929.26 of the
Revised Code.
(C) If a court sentences an offender to a jail term under
this
section and the court assigns the offender to a county jail
that
has established a county jail industry program pursuant to
section
5147.30 of the Revised Code, the court shall specify, as
part of
the sentence, whether the offender may be considered for
participation in the program. During the offender's term in the
county
jail, the court retains jurisdiction to modify its
specification
regarding the offender's participation in the county
jail industry
program.
(D) If a person is sentenced to a jail term
pursuant to this
section, the
court may impose as part of the sentence pursuant to
section
2929.28 of the Revised Code a reimbursement sanction, and,
if
the
local detention facility in which the term is to be served
is covered by a policy adopted
pursuant
to section 307.93, 341.14,
341.19, 341.21, 341.23,
753.02, 753.04,
753.16, 2301.56, or
2947.19 of the Revised Code
and section
2929.37 of the Revised
Code, both of the following
apply:
(1) The court shall specify both of the following as part of
the sentence:
(a) If the person is presented with an itemized bill pursuant
to section 2929.37 of the Revised Code for payment of the costs of
confinement, the person is required to pay the bill in accordance
with that section.
(b) If the person does not dispute the bill described in
division (D)(1)(a) of this section and does not pay the bill by
the times specified in section 2929.37 of the Revised Code, the
clerk of the court may
issue a certificate of judgment against the
person as described in
that section.
(2) The sentence automatically includes any certificate of
judgment issued as described in division (D)(1)(b) of this
section.
Sec. 2929.25. (A)(1)
Except as provided in sections 2929.22
and 2929.23 of the Revised Code or when a jail term is required by
law, in sentencing an offender for a
misdemeanor, other than a
minor misdemeanor,
the
sentencing court
may do either of the
following:
(a) Directly impose a sentence that consists of one or more
community control sanctions authorized by section 2929.26,
2929.27, or
2929.28 of the Revised Code. The court may impose any
other conditions of release under a community control sanction
that the court considers appropriate, including, but not limited
to, requiring that the offender not ingest or be injected with a
drug of abuse and submit to random drug testing and
requiring that
the results of the drug test indicate that the
offender did not
ingest or was not injected with a drug of abuse.
If the court
imposes a jail term upon the offender, the court may
impose any
community
control sanction or combination of community
control
sanctions in addition to
the
jail term.
(b) Impose a jail term under section 2929.24 of the Revised
Code from the range of jail terms authorized under that section
for the offense,
suspend
all or a portion of the jail term
imposed, and place
the offender under a
community control sanction
or combination of
community control sanctions
authorized under
section 2929.26,
2929.27, or 2929.28 of the
Revised Code.
(2) The duration of all community control sanctions
imposed
upon an offender and in effect for an offender at any time shall
not exceed five years.
(3) At sentencing, if a court directly imposes a community
control sanction or combination of community control sanctions
pursuant to division (A)(1)(a) of this
section, the court shall
state the duration of the community control sanctions
imposed and
shall notify the offender that if any of the conditions of the
community control sanctions are violated the court may do any of
the
following:
(a) Impose a longer time under the same community control
sanction if the total
time under all of the offender's community
control sanctions does not exceed
the five-year limit specified in
division (A)(2) of this section;
(b)
Impose a more restrictive community control sanction
under
section 2929.26,
2929.27, or 2929.28 of the Revised Code,
but the court is
not
required to impose any particular sanction or
sanctions;
(c) Impose a definite jail term from the range of jail terms
authorized for the offense under section 2929.24 of the Revised
Code.
(B)(1) If a court sentences an offender to any community
control
sanction or combination of community control sanctions
authorized
under section 2929.26, 2929.27, or 2929.28 of the
Revised
Code, the
court shall place the offender under the general
control and
supervision of the court or of a department of
probation in the
jurisdiction that serves the court for purposes
of reporting to
the court a violation of any of the conditions of
the sanctions
imposed. If the offender resides in another
jurisdiction and a
department of probation has been established to
serve the
municipal court or county court in that jurisdiction,
the sentencing court may
request the municipal court or the county
court to receive the offender into
the general control and
supervision of that department of
probation for purposes of
reporting to the sentencing court a violation of
any of the
conditions of the sanctions imposed. The sentencing
court retains
jurisdiction over any offender whom it sentences for
the duration
of the sanction or sanctions imposed.
(2) The sentencing court shall require as a condition of any
community
control sanction that the offender abide by the law and
not leave the state
without the permission
of the court or the
offender's probation officer. In the
interests of doing justice,
rehabilitating the offender, and
ensuring the offender's good
behavior, the court may impose
additional requirements on the
offender. The offender's compliance with the
additional
requirements also shall be a condition of the community
control
sanction imposed upon the offender.
(C)(1) If the court imposing sentence upon an offender
sentences
the offender to any community control sanction or
combination of community
control sanctions authorized under
section 2929.26,
2929.27, or 2929.28 of the Revised Code, and if
the offender
violates any of the conditions of the sanctions, the
public or
private person or entity that supervises or administers
the
program or activity that comprises the sanction shall report
the
violation directly to the sentencing court or to the
department of probation
or probation officer with general control
and
supervision over the offender. If the public or private
person or
entity reports the violation to the department of
probation or probation
officer, the department or
officer shall
report the violation to the sentencing court.
(2) If an offender violates any condition of a community
control sanction,
the sentencing court may impose upon the
violator a longer time under the same
community control sanction
if the total time under all of the community
control
sanctions
imposed on the violator does not exceed the five-year limit
specified in division
(A)(2) of this section or may impose on the
violator a more
restrictive
community control sanction or
combination of community control sanctions,
including a jail term.
If the court imposes a jail term upon a violator
pursuant
to this
division, the total time spent in jail for the misdemeanor
offense
and the violation of a condition of the community control sanction
shall not
exceed the maximum jail term available for the offense
for which
the sanction that was violated was imposed. The court
may reduce
the longer period of time that the violator is required
to spend
under the longer sanction or the more restrictive
sanction by all
or part of the time the violator successfully
spent under the
sanction that was initially imposed.
(D) Except as otherwise provided in this division, if an
offender, for a significant period of time, fulfills the
conditions of a community control sanction imposed pursuant to
section 2929.26, 2929.27, or 2929.28 of the Revised Code in
an
exemplary manner, the court may reduce the period of time under
the community
control sanction or impose a less restrictive
community control sanction.
Fulfilling the conditions of a
community control sanction
does not relieve the offender of a duty
to make restitution under
section 2929.28 of the Revised Code.
Sec. 2929.26. (A) Except when a mandatory jail term is
required by law, the court
imposing a
sentence for a misdemeanor,
other than a minor
misdemeanor, may
impose upon the offender any
community
residential sanction
or combination of
community
residential
sanctions under this
section. Community
residential
sanctions
include, but are not
limited to, the
following:
(1) A term of up to one hundred eighty days in a halfway
house or
a term in a halfway house not to exceed the longest jail
term available for
the offense, whichever is
shorter, if the
political subdivision that would have responsibility for paying
the costs of confining the offender in a jail has entered into a
contract with the halfway house for use of the facility for
misdemeanor offenders;
(2) A term of up to one hundred eighty days in an
alternative
residential facility or a term in an alternative
residential
facility not to exceed the longest jail term available
for the
offense,
whichever
is
shorter. The court may specify the
level of security
in the alternative
residential facility that is
needed for the
offender.
(B) The court that sentences an offender to a community
residential sanction under this section may do either or both of
the
following:
(1) Permit the offender to serve the offender's sentence in
intermittent confinement, overnight, on weekends or at any other
time or times that will allow the offender to continue at the
offender's occupation or care for the offender's family;
(2) Authorize the offender to be released so that the
offender
may seek or maintain employment, receive education or
training, receive
treatment, perform community service,
or
otherwise fulfill an obligation imposed by law or by the court.
A
release pursuant to this division shall be only for the
duration
of time that is needed to fulfill the purpose of the
release and
for travel that reasonably is necessary to fulfill the
purposes of
the release.
(C) The court may order that a reasonable portion of the
income earned by the offender upon a release pursuant to division
(B) of this section be applied to any financial sanction imposed
under section 2929.28 of the Revised Code.
(D) No court shall sentence any person to a prison term for
a
misdemeanor or minor misdemeanor or to a jail term for a minor
misdemeanor.
(E) If a court sentences a person who has been convicted of
or pleaded guilty
to a
misdemeanor to a community residential
sanction
as described
in division (A) of this section, at the time
of
reception
and at other times the person in charge of the
operation
of the halfway house,
alternative
residential facility,
or other
place at which the offender will serve the
residential
sanction
determines to be appropriate, the person in charge of the
operation of the halfway house, alternative residential facility,
or other place may cause the convicted offender to be examined and
tested for tuberculosis, HIV infection, hepatitis, including, but
not limited to, hepatitis A, B, and C, and other
contagious
diseases. The person in charge of the operation of the halfway
house,
alternative residential facility, or other place at which
the offender will
serve the
residential sanction may cause a
convicted offender in the halfway
house, alternative residential
facility, or other place who
refuses to be tested or treated for
tuberculosis, HIV infection,
hepatitis, including, but not limited
to, hepatitis A, B,
and C, or
another contagious disease to be
tested and treated involuntarily.
(F) A political subdivision may enter into a contract with a
halfway house for use of the halfway house to house misdemeanor
offenders under a sanction imposed under division (A)(1) of this
section.
Sec. 2929.27. (A) Except when
a mandatory jail term is
required by law, the court
imposing a sentence for a misdemeanor,
other than a minor
misdemeanor, may impose
upon the offender any
nonresidential
sanction or combination of nonresidential
sanctions
authorized
under this division. Nonresidential
sanctions include,
but are
not limited to, the following:
(1) A term of day reporting;
(2) A term of house arrest with electronic monitoring, a
term
of
electronic monitoring without house arrest, or a term of
house
arrest
without electronic monitoring;
(3) A term of community service of up to five hundred hours
for a
misdemeanor of the first degree or two hundred hours for a
misdemeanor
of the second, third, or fourth degree;
(4) A term in a drug treatment program with a level of
security
for the offender as determined necessary by the court;
(5) A term of intensive probation supervision;
(6) A term of basic probation supervision;
(7) A term of monitored time;
(8) A term of drug and alcohol use monitoring, including
random drug testing;
(10) A requirement that the offender obtain employment;
(11) A requirement that the offender obtain education or
training;
(12) Provided the court obtains the prior approval of the
victim,
a requirement that the offender participate in
victim-offender
mediation;
(13) If authorized by law, suspension of the offender's
privilege
to operate a motor vehicle, immobilization or forfeiture
of the
offender's motor vehicle, a requirement that the offender
obtain a valid
motor vehicle operator's license, or any other
related sanction;
(14) A requirement that the offender obtain counseling if the
offense is a violation of section 2919.25 or a violation of
section 2903.13 of the Revised Code involving a person who was a
family or household member at the time of the violation, if the
offender committed the offense in the vicinity of one or more
children who are not victims of the offense, and if the offender
or the victim of the offense is a parent, guardian, custodian, or
person in loco parentis of one or more of those children. This
division does not limit the court in requiring that the offender
obtain counseling for any offense or in any circumstance not
specified in this division.
(B) In addition to the sanctions authorized under division
(A) of
this section, the court imposing a sentence for a
misdemeanor,
other than a minor misdemeanor,
upon an
offender who
is not required to serve a mandatory jail
term may
impose any
other sanction that is intended to discourage
the
offender or
other persons from committing a similar offense if
the
sanction is
reasonably related to the overriding purposes and
principles of
misdemeanor sentencing.
(C) The court imposing a sentence for a minor misdemeanor
may
impose a term of community service in lieu of all or part of a
fine. The term of community service imposed for a minor
misdemeanor shall not exceed thirty hours.
Sec. 2929.28. (A) In addition to imposing court costs
pursuant to section 2947.23 of the Revised Code, the court
imposing a sentence upon an
offender
for a misdemeanor, including
a minor misdemeanor, may
sentence the offender to any financial
sanction or
combination of
financial sanctions authorized under
this section.
Financial
sanctions that may be imposed pursuant to
this section
include,
but are not limited to, the following:
(1) Restitution by the offender to the victim of the
offender's
crime or any survivor of the victim, in an amount based
on the victim's
economic loss. The court shall order that the
restitution be made to
the victim in open court or to the adult
probation department that
serves the jurisdiction or the clerk of
the court on behalf of the
victim. The order may include a
requirement that reimbursement be
made to third parties, other
than the offender's insurer, for
amounts paid to the victim or any
survivor of the victim for
economic loss resulting from the
offense. If reimbursement to
third parties is required, the
offender shall make the reimbursement
to any
governmental agency
to repay any amounts paid by the agency to the
victim or survivor
before the offender makes any reimbursement to any other
person.
The court shall determine, or order to be determined, the
amount
of restitution to be paid by the offender. The court may
base the amount of restitution it orders on an
amount recommended
by the victim, the offender, a presentence
investigation report,
estimates or receipts indicating the cost of
repairing or
replacing property, and other information. The court
shall hold a
hearing on restitution if the offender, victim, or
survivor
disputes the amount of restitution.
All restitution
payments
shall be credited against any
recovery of economic loss
in a civil
action brought by the victim
or any survivor of the
victim against
the offender.
The court may order that the offender pay a surcharge, of not
more
than five per cent of the amount of the restitution otherwise
ordered,
to the entity responsible for collecting and processing
restitution
payments.
The victim or survivor may request that the prosecuting
attorney
file a motion, or the offender may file a motion, for
modification of
the payment terms of any restitution ordered. If
the court grants the motion, it may modify the payment terms as it
determines appropriate.
(2) A fine of the type described in divisions
(A)(2)(a) and
(b) of this section payable to the appropriate
entity as required
by law:
(a) A fine in the following amount:
(i) For a misdemeanor of the first degree, not more than one
thousand dollars;
(ii) For a misdemeanor of the second degree, not more than
seven
hundred fifty dollars;
(iii) For a misdemeanor of the third degree, not more than
five
hundred dollars;
(iv) For a misdemeanor of the fourth degree, not more than
two
hundred fifty dollars;
(v) For a minor misdemeanor, not more than one hundred fifty
dollars.
(b) A state fine or cost as defined in section 2949.111 of
the
Revised Code.
(3)(a) Reimbursement by the offender of any or all of the
costs
of sanctions incurred by the government, including, but not
limited to,
the following:
(i) All or part of the costs of implementing any community
control
sanction, including a supervision fee under section
2951.021 of the
Revised Code;
(ii) All or part of the costs of confinement in a jail or
other
residential facility, including, but not limited to, a per
diem fee for room
and board, the costs of
medical and dental
treatment, and the costs of repairing property
damaged by the
offender while confined.
(b) The amount of reimbursement ordered under
division
(A)(3)(a)
of this section shall not exceed the total
amount of
reimbursement
the offender
is able to pay and shall not
exceed the
actual cost of the sanctions. The court may collect
any amount of
reimbursement
the offender is required to pay under
that division.
If the court
does not order reimbursement under
that division,
confinement
costs may be assessed pursuant to a
repayment policy
adopted under
section 2929.37 of the Revised
Code. In addition,
the offender may be required to pay the fees specified in section
2929.38 of the Revised Code in accordance with that section.
(B) If the court determines a hearing is necessary, the
court
may hold a hearing to determine whether the offender is able
to
pay the financial sanction imposed pursuant to this section or
court costs or is likely
in
the future to be able to pay the
sanction or costs.
If the court determines that the offender is indigent and
unable to pay the financial sanction or court costs, the court
shall consider imposing and
may impose a term of community service
under
division (A) of
section 2929.27 of the Revised Code
in lieu
of
imposing a
financial sanction or court costs. If the court
does not determine that the
offender is indigent, the court may
impose a term of community
service
under division (A) of section
2929.27
of the Revised Code
in lieu of or in addition to
imposing
a financial sanction under
this section and in addition to
imposing court costs. The court may order
community service for a
minor
misdemeanor pursuant to division (C) of
section 2929.27 of
the
Revised
Code in lieu of or in addition to
imposing a financial
sanction
under this section and in addition to imposing court
costs. If a person
fails to pay a financial
sanction or court
costs, the court
may order community
service in lieu of the
financial sanction or court costs.
(C)(1) The offender shall pay reimbursements imposed upon
the
offender pursuant to division (A)(3) of this section to pay
the
costs incurred by a county pursuant to any sanction imposed
under this section
or section 2929.26
or 2929.27 of the Revised
Code
or in operating a facility used to
confine offenders pursuant
to a sanction imposed under section 2929.26 of
the Revised Code to
the county treasurer. The county
treasurer shall deposit the
reimbursements in the county's general fund in accordance with
division (H) of this section.
The county shall use the
amounts
deposited in the fund to pay the
costs incurred by the
county
pursuant to any sanction imposed
under this section or
section
2929.26 or 2929.27 of the Revised
Code or in
operating a
facility
used to confine offenders pursuant
to a sanction imposed under
section 2929.26 of the Revised Code.
(2) The offender shall pay reimbursements imposed upon the
offender pursuant to division (A)(3) of this section to pay the
costs incurred by a municipal corporation pursuant to any sanction
imposed under this section or section 2929.26 or 2929.27 of the
Revised Code or in operating a
facility used to confine offenders
pursuant to a sanction imposed under
section 2929.26 of the
Revised Code to the treasurer of the
municipal corporation. The
treasurer shall deposit the reimbursements in the municipal
corporation's general fund in accordance with division (H) of
this section. The municipal corporation
shall use the amounts
deposited in the fund to pay the costs
incurred by the municipal
corporation pursuant to any sanction
imposed under this section or
section 2929.26 or 2929.27 of the
Revised Code or in operating a
facility used to confine offenders pursuant to a sanction imposed
under
section 2929.26 of the Revised Code.
(3) The offender shall pay reimbursements imposed pursuant
to
division (A)(3) of this section for the costs incurred by a
private provider pursuant to a sanction imposed under this section
or
section 2929.26 or 2929.27 of the Revised Code to the
provider.
(D) Except as otherwise provided in this division, a
financial
sanction imposed under division (A) of this section is a
judgment
in favor of the state or the political subdivision that
operates the court
that imposed the
financial sanction. A
financial sanction of reimbursement imposed
pursuant to division
(A)(3)(a)(i) of this
section upon an
offender is a judgment in
favor of the entity administering the community
control sanction.
A financial sanction of
reimbursement imposed pursuant to
division
(A)(3)(a)(ii) of this
section upon an offender confined in
a jail
or other residential facility is a
judgment in favor of
the
entity
operating the jail or other residential facility. A
financial
sanction of restitution
imposed pursuant to division
(A)(1) of
this section is a judgment
in favor of the victim of the
offender's criminal act. The offender subject
to the financial
sanction is the judgment debtor.
Once the financial sanction is imposed as a judgment, the
victim,
private provider, state, or political subdivision may
bring an action to
do any of the following:
(1) Obtain execution of the judgment through any available
procedure, including any of the procedures identified in divisions
(D)(1)(a) to (e) of section 2929.18 of the Revised Code.
(2) Obtain an order for the assignment of wages of the
judgment
debtor under section 1321.33 of the Revised Code.
(E) The civil remedies authorized under division (D) of
this
section for the collection of the financial sanction supplement,
but do
not preclude, enforcement of the criminal sentence.
(F) Each court imposing a financial sanction upon an
offender
under this section may designate the clerk of the court
or another
person to collect the financial sanction. The clerk,
or another person
authorized by law or the
court to collect the
financial sanction may do the following:
(1) Enter into contracts with one or more public agencies or
private vendors for the collection of amounts due under the
sanction.
Before entering into a contract for the collection of
amounts due from
an offender pursuant to any financial sanction
imposed pursuant to this
section, a court shall comply with
sections 307.86 to 307.92 of
the Revised Code.
(2) Permit payment of all or any portion of the sanction in
installments, by financial transaction device if the court is a
county court or a municipal court operated by a county, by credit
or debit card or by another electronic
transfer if the court is a
municipal court not operated by a county,
or by any other
reasonable method, in any time, and on
any terms
that court
considers just, except that the maximum time
permitted
for payment
shall not exceed five years. If the court is a county court or a
municipal court operated by a county, the acceptance of payments
by any financial transaction device shall be governed by the
policy adopted by the board of county commissioners of the county
pursuant to section 301.28 of the Revised Code. If the court is a
municipal court not operated by a county, the clerk may
pay any
fee associated with processing an electronic transfer out
of
public money or may charge the fee to the offender.
(3) To defray administrative costs, charge a reasonable fee
to an
offender who elects a payment plan rather than a lump sum
payment of any
financial sanction.
(G) No financial sanction imposed under this section shall
preclude a victim from bringing a civil action against the
offender.
(H) Reimbursement imposed under division (A)(3) of this
section to pay the costs incurred by a county or municipal
corporation shall be paid to the general fund of the county or
municipal corporation that incurred the expenses in question, as
described in division (C) of this section.
Sec. 2929.31. (A) Regardless of the penalties provided in
sections 2929.02, 2929.14 to 2929.18, and
2929.21
2929.24
to
2929.28 of the Revised Code, an
organization convicted of an
offense pursuant to section 2901.23
of the Revised Code shall be
fined in accordance with this section. The
court shall fix the
fine as follows:
(1) For aggravated murder, not more than one hundred
thousand dollars;
(2) For murder, not more than fifty thousand dollars;
(3) For a felony of the first degree, not more than
twenty-five
thousand dollars;
(4) For a felony of the second degree, not more than twenty
thousand dollars;
(5) For a felony of the third degree, not more than fifteen
thousand dollars;
(6) For a felony of the fourth degree, not more than ten
thousand dollars;
(7) For a felony of the fifth degree, not more than
seventy-five hundred dollars;
(8) For a misdemeanor of the first degree, not more
than
five thousand dollars;
(9) For a misdemeanor of the second degree,
not more than
four thousand dollars;
(10) For a misdemeanor of the third degree,
not more than
three thousand dollars;
(11) For a misdemeanor of the fourth degree,
not more than
two thousand dollars;
(12) For a minor misdemeanor, not more than
one thousand
dollars;
(13) For a felony not specifically
classified, not more than
ten thousand dollars;
(14) For a misdemeanor not specifically
classified, not more
than two thousand dollars;
(15) For a minor misdemeanor not
specifically classified,
not more than one thousand dollars.
(B) When an organization is convicted of an offense that is
not
specifically classified, and the section defining the offense
or
penalty plainly indicates a purpose to impose the penalty
provided for violation upon organizations, then the penalty so
provided shall
be imposed in lieu of the penalty
provided in this
section.
(C) When an organization is convicted of an offense that is
not
specifically classified, and the penalty provided includes a
higher fine than the fine that is provided in this section, then
the penalty imposed shall be pursuant to the penalty provided for
the
violation of the section defining the offense.
(D) This section does not prevent the imposition of
available civil sanctions against an organization convicted of an
offense pursuant to section 2901.23 of the Revised Code, either
in
addition to or in lieu of a fine imposed pursuant to this
section.
Sec. 2929.25
2929.32. (A)(1) Subject to
division (A)(2) of
this section, notwithstanding the fines
prescribed in section
2929.02 of the Revised Code for a person who is
convicted of or
pleads guilty to aggravated murder or murder, the fines
prescribed
in section 2929.18 of the Revised Code for
a person who is
convicted of or pleads guilty to a felony, the fines
prescribed in
section
2929.21
2929.28 of the Revised Code for
a person who is
convicted of or pleads guilty to
a misdemeanor, the fines
prescribed in section 2929.31 of the Revised Code for
an
organization that is convicted of or pleads guilty to an
offense,
and the fines prescribed in any other section of the Revised Code
for
a person who is convicted of or pleads guilty to an offense, a
sentencing court may impose upon the offender a fine of not more
than one million dollars if any of the following applies to the
offense and the offender:
(a) There are three or more victims, as defined in section
2969.11 of the Revised Code, of the offense for which the offender
is being
sentenced.
(b) The offender previously has been convicted of or
pleaded
guilty to one or more offenses, and, for the offense for which
the
offender is being sentenced and all of the other offenses,
there
is a total of three or more victims, as defined in section
2969.11
of the Revised Code.
(c) The offense for which the offender is being sentenced
is
aggravated murder, murder, or a felony of the first degree that,
if it had
been committed prior to July 1, 1996, would have been an
aggravated felony of the first
degree.
(2) If the offense in question is a first, second,
or third
degree felony violation of any provision of
Chapter 2925., 3719.,
or 4729. of the
Revised Code,
the court shall impose upon the
offender the mandatory fine described in
division (B) of section
2929.18 of the
Revised Code,
and, in addition, may impose a fine
under division
(A)(1) of this section, provided that the
total of
the mandatory fine and the fine imposed under division
(A)(1) of
this section shall not exceed one
million dollars. The mandatory
fine shall be paid as described in division
(D) of section 2929.18
of the
Revised Code,
and the fine imposed under division (A)(1) of
this section shall be deposited pursuant to division
(B) of this
section.
(B) If a sentencing court imposes a fine upon an offender
pursuant to division (A)(1) of this section,
all moneys paid in
satisfaction of the fine or collected pursuant
to division (C)(1)
of this section in satisfaction of the
fine shall be deposited
into the crime victims recovery fund
created by division (D) of
this section and shall be
distributed as described in that
division.
(C)(1) Subject to division
(C)(2) of this section,
notwithstanding any contrary provision of
any
section of the
Revised Code, if a sentencing court imposes a fine upon an
offender pursuant to division
(A)(1) of this section or pursuant
to another section of the Revised
Code,
the fine shall be a
judgment against the offender in
favor of the state, and both of
the following apply to that
judgment:
(a) The state may collect the judgment by garnishing,
attaching, or otherwise executing against any income, profits, or
other real or personal property in which the offender has any
right, title, or interest, including property acquired after the
imposition of the fine, in the same manner as if the judgment had
been rendered against the offender and in favor of the state in a
civil action. If the fine is imposed pursuant to division
(A)(1)
of this section, the moneys collected as a result of
the
garnishment, attachment, or other execution shall be deposited
and
distributed as described in divisions (B) and
(D) of this section.
If the fine is not imposed
pursuant to division (A)(1) of this
section, the moneys
collected as a result of the garnishment,
attachment, or other
execution shall be distributed as otherwise
provided by law for
the distribution of money paid in satisfaction
of a fine.
(b) The provisions of Chapter 2329. of the Revised Code
relative to
the establishment of court judgments and decrees as
liens and to
the enforcement of those liens apply to the judgment.
(2) Division (C)(1) of this section does not apply to
any
financial sanction imposed pursuant to section 2929.18 of the
Revised Code upon a person
who is convicted of or pleads guilty to
a felony.
(D) There is hereby created in the state treasury
the crime
victims recovery fund. If a sentencing court imposes a fine upon
an
offender pursuant
to division (A)(1) of this section,
all
moneys paid in satisfaction of the fine and all
moneys collected
in satisfaction of the fine pursuant to division
(C)(1) of this
section shall be deposited into the fund.
The fund shall be
administered and the moneys in it shall be
distributed in
accordance with sections 2969.11 to 2969.14 of the Revised
Code.
Sec. 2929.221
2929.34. (A) A person who is convicted of or
pleads guilty to aggravated murder, murder, or an offense
punishable by
life imprisonment and who is sentenced to a term of
life
imprisonment
or a prison term pursuant to
that conviction
shall serve that
term
of
imprisonment in an institution under the
control of the
department
of rehabilitation and correction.
(B)(1) A person who is convicted of or pleads guilty to a
felony
other than aggravated murder, murder, or
an offense
punishable by life imprisonment and who is
sentenced to a term of
imprisonment
or a prison term
pursuant to that conviction shall
serve that term
of
imprisonment as follows:
(a) Subject to divisions (B)(1)(b) and
(B)(2) of this
section, in an institution under the
control of the department of
rehabilitation and correction if the
term
of imprisonment is a
prison term or
shall serve it as
otherwise determined by the
sentencing court pursuant to section
2929.16 of the Revised Code
if the term is not a prison term;
(b) In a facility of a type described in division (G)(1) of
section 2929.13
of the Revised Code, if the offender is sentenced
pursuant to that division.
(2) If the term
of imprisonment is a prison term, the person
may
be imprisoned in a jail that is not a minimum security
misdemeanant jail
pursuant to agreement under section 5120.161 of
the Revised Code between the
department of rehabilitation and
correction and the local
authority that operates the jail.
(C) A person who is convicted of or pleads guilty to one or
more
misdemeanors and who is sentenced to a
jail term or term
of
imprisonment
pursuant to the conviction or convictions shall serve
that
term
of imprisonment in a county, multicounty,
municipal,
municipal-county, or multicounty-municipal jail or
workhouse or,
if the
misdemeanor or misdemeanors are not offenses
of violence,
in a minimum
security
misdemeanant jail.
(D) Nothing in this section prohibits the commitment,
referral, or sentencing of a person
who is convicted of or pleads
guilty to a felony to a community-based
correctional facility and
program or district community-based correctional
facility and
program in accordance with sections 2301.51 to
2301.56 of the
Revised Code.
Sec. 2929.35
2929.36. As used in sections
2929.35
2929.36 to
2929.38 of the
Revised Code:
(A) "Chief legal officer" includes a prosecuting attorney,
village solicitor, city director of law, and attorney for a
district of a joint city and county workhouse or county workhouse.
(B) "Clerk of the appropriate court" or "appropriate court
clerk"
means whichever of the following applies:
(1) If the local detention facility in question is a
multicounty
correctional center, multicounty-municipal
correctional center,
district community-based correctional
facility, or district
workhouse, the clerk of the court of common
pleas of the most
populous county served by the local detention
facility;
(2) If the local detention facility in question is a city
workhouse,
the clerk of the municipal court for that city;
(3) If neither (B)(1) nor (B)(2) of this section applies,
the clerk of the court of common pleas of the county in which the
local detention facility in question is located.
(C) "Homestead" has the same meaning as in division (A) of
section 323.151 of the Revised Code.
(D) "Inmate account" has the same meaning as in section
2969.21 of the Revised Code.
(E) "Local detention facility" means a multicounty
correctional center, municipal-county correctional center,
multicounty-municipal correctional center, community-based
correctional facility, district community-based correctional
facility, jail, county jail, municipal or county prison, station
house, workhouse,
city workhouse, county workhouse, joint city and
county workhouse,
and district workhouse.
Sec. 2929.37. (A) A board of county commissioners, in an
agreement with the sheriff, a legislative authority of a municipal
corporation, a corrections commission, a judicial corrections
board, or any other public or private entity that operates a
local
detention facility at which a prisoner who is convicted of an
offense and who is confined in the facility under a
sanction or
term of imprisonment imposed under section 2929.16
or, sections
2929.21
to 2929.28, or any other provision of
the Revised Code may
adopt,
pursuant to section 307.93,
341.14,
341.19, 341.21, 341.23,
753.02, 753.04,
753.16, 2301.56,
or
2947.19 of the Revised Code, a
policy that requires the
prisoner
to pay all or part of the
costs
of
confinement in that
facility.
If a board of county
commissioners, legislative authority,
corrections commission,
judicial corrections board, or other
entity adopts a policy for a
facility pursuant to one of those
sections, the person in charge
of that facility shall appoint a
reimbursement coordinator to
administer the facility's policy.
The costs of confinement may include, but are not limited to,
the costs of
repairing property damaged by the prisoner while
confined, a per diem
fee for room and board, medical and dental
treatment costs, the fee for a random drug test assessed under
division (E) of
section 341.26 and division (E) of section 753.33
of the Revised
Code, and a one-time reception fee for the costs of
processing the prisoner into the facility at the time
of the
prisoner's initial entry into the facility under the
confinement
in question,
minus any fees deducted under
section
2929.38 of the
Revised Code.
Any
policy adopted under this section
shall be
used
when a court
does
not order reimbursement of
confinement costs
under
section
2929.18
or
2929.36
2929.28 of the Revised
Code. The
amount
assessed under this
section shall
not exceed the
total
amount that
the
prisoner is able
to pay.
(B)(1) Each prisoner covered by a repayment policy adopted
as described in division (A) of this
section shall receive at the
end of the prisoner's confinement an itemized bill of the
expenses
to be reimbursed. The policy
shall allow periodic
payments on a
schedule to be implemented upon
a prisoner's
release. The bill
also shall state that
payment shall be made
to the
person
identified in the bill as the reimbursement coordinator and
include
a notice that specifies that the prisoner has thirty
days
in which
to
dispute the
bill by filing a written objection with
the reimbursement coordinator and that if the prisoner does not
dispute the bill in that manner within that period, the
prisoner
is required to pay the bill and a certificate of
judgment may be
obtained against the prisoner for the amount of
the unpaid
expenses. The prisoner shall
sign a copy of the
bill, and the
reimbursement coordinator shall
retain that
copy. If the
prisoner disputes an item on the
bill
within
thirty
days after
receiving the bill, the reimbursement coordinator may
either
concede
the disputed item or proceed to a hearing under
division
(B)(2) of
this section.
(2) If the prisoner disputes an item on an itemized bill
presented
to the prisoner under division (B)(1) of this section
and the
reimbursement coordinator does not concede the item, the
reimbursement coordinator shall submit the bill
to the court, and
the court shall hold a hearing on the disputed
items in the bill.
At the end of the hearing, the court shall
determine how much of
the disputed expenses the prisoner shall
reimburse the legislative
authority or managing authority and
shall issue a judgment in
favor of the legislative authority or
managing authority for any
undisputed expenses and the amount of
the disputed expenses for
which the prisoner must reimburse the
legislative authority or
managing authority. The reimbursement coordinator shall not
seek
to enforce the judgment until at least ninety days after the
court
issues the judgment.
(C) If a prisoner does not dispute the itemized bill
presented to the prisoner
under division (B) of this section and
does not pay the bill within ninety days, the
reimbursement
coordinator shall
send by mail a notice
to the
prisoner
requesting
payment of the
expenses as stated in the bill.
If the
prisoner does not
respond to the notice by
paying the
expenses in
full within thirty
days of the date the
notice was mailed, the
reimbursement coordinator shall send by
mail a second
notice to
the prisoner requesting payment of the
expenses. If
one hundred
eighty days elapse
from the date that
the reimbursement
coordinator provides the bill and if
the
prisoner has not paid the
full amount of
the expenses pursuant
to
the bill and the notices,
the reimbursement
coordinator may notify the clerk of the
appropriate court of those
facts, and the clerk may issue a
certificate of judgment against
the prisoner
for the balance of
the expenses remaining unpaid.
(D) The reimbursement coordinator may collect
any amounts
remaining unpaid on an itemized bill and any costs associated
with the enforcement of the judgment and
may enter into a
contract with one or more public
agencies or private vendors to
collect any amounts remaining
unpaid. For enforcing a judgment
issued under this section, the reimbursement coordinator may
assess an additional poundage fee of two per cent of the amount
remaining unpaid and
may collect costs associated with the
enforcement of the judgment.
(E) Neither the reimbursement coordinator nor the
legislative
authority or the managing authority shall enforce any
judgment
obtained under this section by means of execution against
the
prisoner's homestead. Any reimbursement received under this
section shall be credited to the general fund of the treasury of
the political subdivision that incurred the expense, to be used
for general fund purposes.
Sec. 2929.38. (A) A board of commissioners of a county, in
an agreement
with
the sheriff, a legislative authority of a
municipal
corporation, a
corrections commission, a judicial
corrections
board, or any other
public or private entity that
operates a
local detention facility
described in division (A) of
section 2929.37 of the Revised Code,
may establish a policy
that
requires any prisoner who is confined in
the facility as a
result
of pleading guilty
to or
having been convicted of an offense
to
pay a one-time reception fee for the costs of processing the
prisoner into the facility at the time of the prisoner's initial
entry into the facility under the confinement in question, to pay
a reasonable fee for
any medical or dental
treatment or service
requested by and
provided to that prisoner, and to pay the fee for
a random drug
test assessed under division (E) of section 341.26,
and division
(E) of section 753.33 of the Revised Code.
The fee
for the
medical treatment or service shall not exceed the actual
cost of
the treatment or
service provided. No prisoner
confined
in
the local detention facility shall be denied any
necessary
medical care
because of inability to pay the fees.
(B) Upon assessment of a one-time reception fee as described
in division (A) of this section, the provision of the requested
medical treatment or service, or the assessment of a fee for a
random
drug test, payment of the required fee may be automatically
deducted from
the prisoner's inmate
account in the business office
of the local detention facility in
which the prisoner
is confined.
If there is no
money in the
account, a deduction may
be made at a
later date
during the
prisoner's confinement if the
money becomes
available in
the
account. If, after release, the
prisoner has an
unpaid balance
of
those fees, the sheriff,
legislative authority
of the municipal
corporation, corrections
commission, judicial
corrections board,
or other entity that operates the local
detention
facility described in
division (A) of section 2929.37
of the Revised Code may bill the
prisoner for the payment
of the
unpaid fees. Fees received for
medical or
dental treatment
or
services shall be paid to the
commissary fund, if one exists
for
the facility, or if no
commissary
fund exists, to the general
fund
of the treasury of the
political
subdivision that incurred
the
expenses, in the same
proportion as
those expenses were borne
by
the political
subdivision.
(C) Any fee paid by a person under this section
shall
be
deducted from any medical or dental costs that the person
is
ordered
to reimburse under
a financial sanction imposed pursuant
to section
2929.36
2929.28 of the Revised Code
or
to repay under a
policy adopted under section 2929.37 of the
Revised Code.
(D) As used in this section, "inmate account" has the same
meaning as in section
2969.21
of the Revised Code.
Sec. 2929.41. (A) Except as provided in division (B) of
this section, division (E) of section 2929.14, or division (D) or
(E) of
section 2971.03 of the Revised Code, a
prison term, jail
term, or sentence of
imprisonment shall be
served concurrently
with any other
prison term, jail term, or sentence
of imprisonment
imposed by a
court of this state, another state,
or the United
States. Except as provided
in division (B)(3)
of
this section, a
jail term or sentence of imprisonment for misdemeanor
shall be
served concurrently with a prison term or sentence of imprisonment
for felony served in
a state or federal correctional institution.
(B)(1) A
jail term or sentence of imprisonment for a
misdemeanor shall be
served
consecutively to any other
prison
term, jail term, or sentence of imprisonment when
the trial court
specifies that it is to be
served consecutively or
when it is
imposed for a misdemeanor violation of
section
2907.322, 2921.34,
or 2923.131
of the Revised Code.
When consecutive sentences
of imprisonment are
imposed for
misdemeanor under this division, the term to be served is the
aggregate
of the consecutive terms imposed, except that the
aggregate term
to be served shall not exceed eighteen months.
(2) If a court of this state imposes a prison term upon
the
offender for the commission of a felony and a court of another
state or the
United States also has imposed a prison term upon the
offender for the commission of a felony, the court of this state
may order
that the offender serve the prison term it imposes
consecutively to any prison
term imposed upon the offender by the
court of another state or the
United States.
(3) A
jail term or sentence of imprisonment imposed for a
misdemeanor
violation of section
4510.11, 4510.14, 4510.16,
4510.21,
or
4511.19
of the Revised Code
shall be served
consecutively to a
prison term that is imposed for
a felony
violation of section
2903.06, 2903.07, 2903.08, or
4511.19 of the
Revised Code or a
felony violation of section 2903.04 of the
Revised Code involving
the
operation of a motor vehicle by the
offender and that is
served in a state
correctional institution
when the trial court
specifies that it is to be
served
consecutively.
When consecutive
jail terms or sentences of imprisonment and
prison terms
are
imposed for one or more misdemeanors and one or
more felonies
under this
division, the term to be served is the
aggregate of the
consecutive terms imposed, and the offender shall
serve all terms
imposed for a felony before serving any term
imposed for a
misdemeanor.
Sec. 2929.24
2929.42. (A) The prosecutor in any case
against any
person licensed, certified, registered, or otherwise
authorized to
practice under Chapter 3719., 4715., 4723., 4729.,
4730.,
4731.,
4734., or 4741. of the Revised Code shall notify the
appropriate
licensing board, on forms provided by the board, of
any of the
following regarding the person:
(1) A plea of guilty to, or a conviction of, a felony, or a
court order
dismissing a felony
charge on technical or procedural
grounds;
(2) A plea of guilty to, or a conviction of, a misdemeanor
committed in the
course of practice or in the
course of business,
or a court order dismissing such a
misdemeanor charge on technical
or procedural grounds;
(3) A plea of guilty to, or a conviction of, a misdemeanor
involving moral
turpitude, or a court order dismissing such a
charge on technical or
procedural grounds.
(B) The report required by division (A) of
this section
shall include the name and address of the person, the nature of
the offense, and certified
copies of court entries in the action.
Sec. 2929.29
2929.43. (A) As used in this section:
(1)
"Peace officer" has the same meaning as
in section
109.71
of the Revised Code.
(2)
"Felony"
has the same meaning as in section 109.511 of
the Revised Code.
(B)(1) Prior to accepting a plea of guilty to
an indictment,
information, or complaint charging a felony, the court shall
determine whether the defendant is a
peace officer. If the court
determines that the defendant is a
peace officer, it shall address
the defendant personally and
provide the following advisement to
the defendant that shall be
entered in the record of the court.
"You are hereby advised that conviction of the felony
offense
to which you are pleading guilty will result in the
termination of
your employment as a peace officer and in your
decertification as
a peace officer pursuant to the laws of
Ohio."
Upon the request of the defendant, the court shall allow
the
defendant additional time to consider the appropriateness of the
plea
of guilty in light of the advisement described in division
(B)(1) of this section.
The court shall not accept a plea of guilty of a
defendant
who is a peace officer unless, in addition to any other
procedures
required under the Rules of Criminal
Procedure, the court
determines that the defendant
voluntarily and intelligently enters
that plea after being given
the advisement described in division
(B)(1) of this
section.
(2) After accepting under division (B)(1) of
this section a
plea of guilty to an indictment, information, or
complaint
charging a felony, the court shall
provide to the clerk of the
court of common pleas a written
notice of the plea of guilty of
the defendant peace officer, the
name and address of the peace
officer, the law enforcement agency
or other governmental entity
that employs the peace officer and
its address, the date of the
plea, the nature of the felony
offense, and certified copies of
court entries in the
action. Upon receiving the written notice
required by division
(B)(2) of this section, the clerk of the
court of common
pleas shall transmit to the employer of the peace
officer and to
the Ohio peace officer training council a report
that
includes the information contained in the written notice and
the
certified copies of the court entries in the action.
(C)(1) Upon the conviction of a defendant,
after trial, of a
felony, the trial judge shall
determine whether the defendant is a
peace officer. If the judge
determines that the defendant is a
peace officer or if the
defendant states on the record that the
defendant is a peace officer, the
judge shall provide to the clerk
of the court of common pleas a
written notice of the conviction of
the defendant peace officer,
the name and address of the peace
officer, the law enforcement
agency or other governmental entity
that employs the peace
officer and its address, the date of the
conviction, the nature
of the felony offense, and certified copies
of court
entries in the action. Upon receiving the written notice
required by division (C)(1) of this section, the clerk of
the
court of common pleas shall transmit to the employer of the
peace
officer and to the Ohio peace officer training
council a report
that includes the information contained in the
written notice and
the certified copies of the court entries in
the action.
(2) Upon the conclusion of the final appeal of a
defendant
who is a peace officer and who has been convicted of a
felony,
upon expiration of the time period within
which that peace officer
may appeal the conviction if no appeal
is taken, or otherwise upon
the final disposition of the criminal
action against that peace
officer, the trial judge shall provide
to the clerk of the court
of common pleas a written notice of the
final disposition of the
action that shall include, as
appropriate, notice of the final
conviction of the peace officer
of the felony, the acquittal of
the peace officer
of the felony, the conviction of the peace
officer
of a misdemeanor, or the dismissal
of the felony charge
against the peace
officer. The judge also shall provide to the
clerk of the court
of common pleas certified copies of the court
entries in the
action. Upon receiving the written notice required
by division
(C)(2) of this section, the clerk of the court of
common
pleas shall transmit to the employer of the peace officer
and to
the Ohio peace officer training council a report that
includes the information contained in the written notice and the
certified copies of the court entries in the action.
(D) If pursuant to a
negotiated plea agreement between a
prosecuting attorney and a
defendant who is a peace officer and
who is charged with a
felony, in which the defendant agrees to
enter a plea of guilty
to a misdemeanor and to surrender the
certificate awarded to the
defendant under section 109.77 of the
Revised Code, the trial judge issues an
order to the defendant to
surrender that certificate, the trial
judge shall provide to the
clerk of the court a written notice
of the order, the name and
address of the peace officer, the law
enforcement agency or other
governmental entity that employs the
peace officer and its
address, the date of the plea, the nature
of the misdemeanor to
which the peace officer pleaded guilty,
and certified copies of
court entries in the action. Upon
receiving the written notice
required by this division, the
clerk of the court shall transmit
to the employer of the peace
officer and to the executive director
of the
Ohio peace officer training
council a report that includes
the information contained in the
written notice and the certified
copies of the court entries in
the action.
Sec. 2929.28
2929.71. (A) As used in this section:
(1)
"Agency" means any law enforcement agency, other
public
agency, or public official involved in the investigation
or
prosecution of the offender or in the investigation of the
fire or
explosion in an aggravated arson, arson, or criminal
damaging or
endangering case. An
"agency" includes, but is not
limited to, a
sheriff's office, a municipal corporation,
township, or township
police district police department, the
office of a prosecuting
attorney, city director of law, village
solicitor, or similar
chief legal officer of a municipal
corporation, the fire marshal's
office, a municipal corporation,
township, or township fire
district fire department, the office
of a fire prevention officer,
and any state, county, or municipal
corporation crime laboratory.
(2)
"Assets" includes all forms of real or personal
property.
(3)
"Itemized statement" means the statement of costs
described in division (B) of this section.
(4)
"Offender" means the person who has been convicted of
or
pleaded guilty to committing, attempting to commit, or
complicity
in committing a violation of section 2909.02 or
2909.03 of the
Revised Code, or, when the means used are fire or
explosion,
division (A)(2) of section 2909.06 of the Revised
Code.
(5)
"Costs" means the reasonable value of the time spent
by
an officer or employee of an agency on the aggravated arson,
arson, or criminal damaging or endangering case, any moneys spent
by the agency on that case, and the reasonable fair market value
of resources used or expended by the agency on that case.
(B) Prior to the sentencing of an offender, the court
shall
enter an order that directs agencies that wish to be
reimbursed by
the offender for the costs they incurred in the
investigation or
prosecution of the offender or in the
investigation of the fire or
explosion involved in the case, to
file with the court within a
specified time an itemized statement
of those costs. The order
also shall require that a copy of the
itemized statement be given
to the offender or
his
offender's
attorney
within the specified
time. Only itemized statements so filed and
given shall be
considered at the hearing described in division
(C) of this
section.
(C) The court shall set a date for a hearing on all the
itemized statements filed with it and given to the offender or
his
the offender's attorney in accordance with division (B) of
this
section. The hearing shall be held prior to the sentencing of the
offender, but may be held on the same day as
his
the sentencing.
Notice of the hearing date shall be given to the offender or
his
the
offender's attorney and to the agencies whose itemized
statements are
involved. At the hearing, each agency has the
burden of
establishing by a preponderance of the evidence that the
costs
set forth in its itemized statement were incurred in the
investigation or prosecution of the offender or in the
investigation of the fire or explosion involved in the case, and
of establishing by a preponderance of the evidence that the
offender has assets available for the reimbursement of all or a
portion of the costs.
The offender may cross-examine all witnesses and examine
all
documentation presented by the agencies at the hearing, and
he
the
offender may present at the hearing witnesses and
documentation
he
the offender has obtained without a subpoena or
a subpoena duces
tecum or, in the case of documentation, that belongs to
him
the
offender.
He
The offender also may issue
subpoenas and subpoenas
duces tecum for, and present and examine at the
hearing, witnesses
and documentation, subject to the following applying to the
witnesses or documentation subpoenaed:
(1) The testimony of witnesses subpoenaed or documentation
subpoenaed is material to the preparation or presentation by the
offender of
his
the offender's defense to the claims of the
agencies for a
reimbursement of costs;
(2) If witnesses to be subpoenaed are personnel of an
agency
or documentation to be subpoenaed belongs to an agency,
the
personnel or documentation may be subpoenaed only if the
agency
involved has indicated, pursuant to this division, that it
intends
to present the personnel as witnesses or use the
documentation at
the hearing. The offender shall submit, in
writing, a request to
an agency as described in this division to
ascertain whether the
agency intends to present various personnel
as witnesses or to use
particular documentation. The request
shall indicate that the
offender is considering issuing subpoenas
to personnel of the
agency who are specifically named or
identified by title or
position, or for documentation of the
agency that is specifically
described or generally identified,
and shall request the agency to
indicate, in writing, whether it
intends to present such personnel
as witnesses or to use such
documentation at the hearing. The
agency shall promptly reply to
the request of the offender. An
agency is prohibited from
presenting personnel as witnesses or
from using documentation at
the hearing if it indicates to the
offender it does not intend to
do so in response to a request of
the offender under this
division, or if it fails to reply or
promptly reply to such a
request.
(D) Following the hearing, the court shall determine which
of the agencies established by a preponderance of the evidence
that costs set forth in their itemized statements were incurred
as
described in division (C) of this section and that the
offender
has assets available for reimbursement purposes. The
court also
shall determine whether the offender has assets
available to
reimburse all such agencies, in whole or in part,
for their
established costs, and if it determines that the assets
are
available, it shall order the offender, as part of
his
the
offender's sentence, to reimburse the agencies from
his
the
offender's assets for all or a specified portion of their
established
costs.
Sec. 2930.06. (A) The prosecutor in a case, to the extent
practicable, shall confer with the victim in the case before
pretrial diversion is granted to the defendant or alleged juvenile
offender in the case,
before amending or dismissing an indictment,
information,
or complaint against that defendant or alleged
juvenile offender,
before agreeing to a negotiated plea for that
defendant or alleged juvenile
offender,
before a trial of that
defendant by judge or jury, or before the
juvenile court conducts
an adjudicatory hearing for that alleged juvenile
offender. If
the
juvenile court
disposes of a case prior to the prosecutor's
involvement in the
case, the court or a court employee shall
notify the victim in the
case that the alleged juvenile offender
will be granted pretrial diversion,
the
complaint against that
alleged juvenile offender will be amended or dismissed,
or
the
court will conduct an adjudicatory hearing for that alleged
juvenile
offender. If
the prosecutor fails to confer with the
victim at any of
those times, the court, if informed of
the
failure, shall note on the record the failure and the prosecutor's
reasons
for the failure. A prosecutor's failure to confer with a
victim as required
by this division
and a court's failure to
provide the notice as required by this division
do not affect the
validity of an agreement between the
prosecutor
and the defendant
or alleged juvenile offender in the case, a pretrial
diversion of
the defendant or alleged juvenile offender,
an amendment or
dismissal of an indictment, information, or
complaint filed
against the defendant or alleged juvenile offender, a
plea entered
by the defendant or alleged juvenile defender, an
admission
entered by the defendant or alleged juvenile offender, or
any
other
disposition in the case. A court shall not dismiss a
criminal complaint, charge, information, or indictment or a
delinquent
child complaint solely at the request
of the victim and
over the objection of the prosecuting attorney, village
solicitor,
city director of law, or other chief legal officer responsible for
the prosecution of the case.
(B) After a prosecution in a case has been commenced, the
prosecutor or a designee of the prosecutor other than a
court or
court employee, to the extent practicable, promptly shall
give the
victim all of the following information, except that, if
the
juvenile court disposes of a case prior to the prosecutor's
involvement in the case, the court or a court employee, to the
extent practicable, promptly shall give the victim all of the
following information:
(1) The name of the crime or specified delinquent act
with
which the defendant or alleged juvenile offender in
the case has
been charged and the name of the defendant or alleged juvenile
offender;
(2) The file number of the case;
(3) A brief statement regarding the procedural steps in a
criminal prosecution or delinquency proceeding involving
a crime
or specified delinquent act similar to the
crime or specified
delinquent act with
which the defendant or alleged juvenile
offender has been charged and
the right of the
victim to be
present during
all proceedings held throughout the prosecution of
the case;
(4) A summary of the rights of a victim under this
chapter;
(5) Procedures the victim or the prosecutor may follow if
the victim becomes
subject to threats or intimidation by the
defendant, alleged
juvenile offender, or any other person;
(6) The name and business telephone number of a person to
contact for further information with respect to the case;
(7) The right of the victim to have a victim's
representative
exercise the victim's rights under this chapter in
accordance
with section 2930.02 of the Revised Code and the
procedure by
which a victim's representative may be designated;
(8) Notice that any notification under division (C)
of this
section, sections 2930.07 to 2930.19, and
section 5139.56 of the
Revised Code will be
given to the victim only if the victim asks
to receive the
notification.
(C) Upon the request of the victim, the prosecutor or, if it
is a
delinquency proceeding and a prosecutor is not involved in
the case, the
court shall give the victim
notice of the date,
time, and place of any scheduled
criminal or juvenile proceedings
in the case and notice of
any changes
in those proceedings or in
the schedule in the case.
(D) A victim who requests notice under division (C)
of this
section and who elects pursuant to division (B) of section
2930.03
of the Revised Code to receive any further notice
from the
prosecutor or, if it is a delinquency proceeding and a prosecutor
is not involved in the case, the court under this chapter shall
keep the prosecutor or the court informed of the victim's current
address and
telephone number until the case is dismissed or
terminated, the
defendant is acquitted or sentenced, the
delinquent child complaint is
dismissed, the defendant is
adjudicated a delinquent child, or the
appellate process is
completed, whichever is the final disposition in the case.
(E) If a defendant is charged with the commission of a
misdemeanor offense that is not identified in division (A)(2) of
section 2930.01 of the Revised Code and if a police report or a
complaint, indictment, or information that charges the commission
of that offense and provides the basis for a criminal prosecution
of that defendant identifies one or more individuals as
individuals against whom that offense was committed, after a
prosecution in the case has been commenced, the prosecutor or a
designee of the prosecutor other than a court or court employee,
to the extent practicable, promptly shall notify each of the
individuals so identified in the report, complaint, indictment, or
information that, if the defendant is convicted of or pleads
guilty to the offense, the individual may make an oral or written
statement to the court hearing the case regarding the sentence to
be imposed upon the defendant and that the court must consider any
statement so made that is relevant. Before imposing sentence in
the case, the court shall permit the individuals so identified in
the report, complaint, indictment, or information to make an oral
or written statement. Division (A) of section 2930.14 of the
Revised Code applies regarding any statement so made. The court
shall consider a statement so made, in accordance with division
(B) of that section and division (D) of section 2929.22 of the
Revised Code.
Sec. 2935.33. (A) If a person charged with a misdemeanor is
taken
before a judge of a court of record and if it appears to the
judge
that the person is an alcoholic or is suffering from acute
alcohol intoxication
and that the person would benefit from
services provided by an
alcohol and drug addiction program
certified under Chapter 3793.
of the Revised Code, the judge may
place the person temporarily in
a program certified under that
chapter in the area
in which the court has jurisdiction for
inpatient care and treatment for an indefinite period not
exceeding five days. The commitment does not limit the right to
release on bail. The judge may dismiss a charge of a
violation of
division (B) of
section 2917.11 of the Revised Code or of a
municipal ordinance
substantially equivalent to that division if
the defendant complies with all
the conditions of treatment
ordered by the court.
The court may order that any fines or court costs collected
by the court from defendants who have received inpatient care from
an alcohol
and drug addiction program be paid, for the benefit
of
the program, to the board of alcohol, drug addiction, and
mental
health services of the alcohol, drug addiction, and mental
health
service district in which the program is located or to the
director of alcohol and drug addiction services.
(B) If a person is being sentenced for
a violation of
division (B) of section 2917.11 or section
4511.19 of the Revised
Code, a misdemeanor
violation of section 2919.25 of the Revised
Code, a misdemeanor violation of section 2919.27 of the Revised
Code involving a protection order issued or consent agreement
approved
pursuant to section 2919.26 or 3113.31 of the Revised
Code, or a
violation of a municipal ordinance substantially
equivalent to
that division or any of those sections and if it
appears to the judge at the
time of sentencing that the person is
an alcoholic or is
suffering from acute alcohol intoxication
and
that, in lieu of imprisonment, the person would benefit from
services provided by an alcohol and drug addiction program
certified under Chapter 3793. of the Revised Code, the court may
commit the person to close supervision in any facility in the
area
in which the court has jurisdiction that is, or is operated
by,
such a program.
A commitment to close supervision for
a
misdemeanor violation of section 2919.25 of the
Revised Code, a
misdemeanor violation of section 2919.27
of the Revised Code
involving a protection order issued or consent agreement
approved
pursuant to section 2919.26 or 3113.31 of the Revised
Code, or a
violation of any substantially equivalent municipal ordinance
shall
be in accordance with division (B) of section 2929.51 of the
Revised Code. Such close supervision may include outpatient
services and
part-time release, except that a person convicted of
a violation
of division (A) of section 4511.19 of the Revised Code
shall be
confined to the facility for at least three days and
except that
a person convicted of a misdemeanor violation of
section 2919.25
of the Revised Code, a misdemeanor violation of
section 2919.27 of the Revised Code involving a protection order
issued
or consent agreement approved pursuant to section 2919.26
or 3113.31 of the
Revised Code, or a violation of a substantially
equivalent
municipal ordinance shall be confined to the facility
in accordance with
the order of commitment. A commitment of a
person to a facility
for purposes of close supervision shall not
exceed the maximum
term for which the person could be imprisoned.
(C) A law enforcement officer who finds a person subject
to
prosecution for violation of division (B) of section 2917.11
of
the Revised Code or a municipal ordinance substantially
equivalent
to that division and who has reasonable cause to believe
that the
person is an alcoholic or is suffering from acute
alcohol
intoxication and would benefit from immediate
treatment
immediately may place the person in an alcohol and drug
addiction
program certified under Chapter 3793. of the Revised
Code in the
area in which the person is found, for emergency
treatment, in
lieu of other arrest procedures, for a maximum
period of
forty-eight hours. During that time, if the person
desires to
leave such custody,
he
the person shall be released
forthwith.
(D) As used in this section:
(1)
"Alcoholic" has the same meaning as in section 3793.01
of
the Revised Code;
(2)
"Acute alcohol intoxication" means a heavy consumption
of
alcohol over a relatively short period of time, resulting in
dysfunction of the brain centers controlling behavior, speech,
and
memory and causing characteristic withdrawal symptoms.
Sec. 2937.07. If the offense
be
is a misdemeanor and the
accused pleads guilty
thereto
to the offense, the court or
magistrate shall receive
and enter
such
the plea unless
he
the
court or magistrate
believes
that it
was made through fraud,
collusion;, or mistake
in which case he.
If the court or
magistrate so believes,
the court or magistrate shall
enter a plea
of not guilty and set the matter for trial pursuant to Chapter
2938. of the Revised Code. Upon
receiving a plea of guilty
being
received, the court or
magistrate shall call for
an explanation of
the circumstances of
the offense from the
affiant or complainant
or
his
the affiant's or complainant's
representatives, and after.
After hearing the
same
explanation of circumstances,
together with
any statement of
the accused,
the court or
magistrate shall
proceed to pronounce
the sentence or
shall
continue the matter for
the purpose of imposing
the sentence
or
admitting the
defendant to
probation.
If the
A plea
be
to a misdemeanor offense of
"no
contest" or
words of similar import
in pleading to a
misdemeanor, it shall
constitute a stipulation that the judge or
magistrate
may make
a
finding of guilty or not guilty from the explanation of
the
circumstances, and if guilt be found,
of the offense. If
a
finding of guilty is made, the judge or magistrate shall impose
the
sentence or continue
the case for
sentence
sentencing
accordingly.
Such
A plea
of
"no contest" or words of similar
import shall not be construed
to import
as an admission of
any
fact at issue in the criminal charge in any subsequent
civil or
criminal action or proceeding,
whether civil or criminal.
Sec. 2945.17. At any trial, in any court, for the violation
of any statute of
this state, or of any ordinance of any municipal
corporation,
except
in cases
in which
when the violation is a minor misdemeanor or when the
potential penalty
involved
for the violation does
not exceed a fine of
one
hundred thousand dollars,
the accused has the
right to be tried by a
jury. This section does not apply to, and there is no right to a
jury trial for, a person who is the subject of a complaint filed
under section 2151.27 of the Revised Code against both a child and
the parent, guardian, or other person having care of the child.
Sec. 2947.06. (A)(1) The trial court may hear testimony in
mitigation of a sentence at the term of conviction or plea or at
the next term. The prosecuting attorney may offer testimony on
behalf of the state to give the court a true understanding of
the
case. The court shall determine whether sentence
ought
should
immediately
to be imposed
or whether, if the offense is a
misdemeanor, to
place the defendant on probation. The court on
its own
motion may direct the department of
probation of the
county in which the defendant resides, or its
own regular
probation officer, to make any inquiries and
presentence
investigation reports that the court requires
concerning the
defendant.
(2) The provisions of section 2951.03 of the Revised Code
shall govern the
preparation of, the provision, receipt, and
retention of copies of, the use
of, and the confidentiality,
nonpublic record character, and sealing of a
presentence
investigation report prepared pursuant to division (A)(1)
of this
section.
(B) The court may appoint not more than two psychologists or
psychiatrists to make any reports concerning the
defendant
that
the court requires for the purpose of determining the
disposition
of the case. Each psychologist or psychiatrist shall
receive a
fee to be fixed by the court and taxed in the costs of
the case.
The psychologist's or psychiatrist's reports shall be
made in
writing, in open court, and in the presence of the
defendant,
except in misdemeanor cases in which sentence may be
pronounced in
the absence of the defendant. A copy of each
report of a
psychologist or psychiatrist may be furnished to the
defendant, if
present, who may examine the persons making the
report, under
oath, as to any matter or thing contained in
the report.
Sec. 2947.19. (A) In a county that has no workhouse but in
which is located
a city that has a workhouse maintained by the
city, the board of county commissioners may agree with the proper
authorities of that city upon terms under which persons convicted
of misdemeanors shall be maintained in the city workhouse at the
expense of the county. In the case of persons committed to the
city workhouse for the violation of a law of this state, whether
the commitment is from the court of common pleas, magistrate's
court, or other court, the cost of maintaining those persons
committed shall be paid out of the general fund of the county, on
the allowance of the board of county commissioners, provided that
all persons committed to the city workhouse for the violation of
ordinances of the city shall be maintained in that workhouse at
the sole cost of the city.
(B)
Pursuant to section 2929.37 of the Revised Code,
the
board of county commissioners or the legislative
authority of
the
city may require a person who was convicted of
an offense and
who
is confined in
the city workhouse as provided in division (A)
of
this section
to reimburse the county or the city, as the case
may
be, for its
expenses incurred by reason of the person's
confinement. If a person is
convicted of
or pleads guilty to a
felony and the court imposes a sanction
that
requires the offender
to serve a term in a city workhouse,
sections
341.23, 753.02,
753.04, and 753.16 of the Revised Code
govern the
determination of
whether the court may impose a
sanction under section 2929.18
of
the Revised Code that requires
the offender to reimburse the
expenses of
confinement.
(C)
Notwithstanding any contrary provision in this
section or
section
2929.18,
2929.21, 2929.36
2929.28, or
2929.37 of
the
Revised
Code,
the board of county commissioners or
the
legislative
authority of
the city may
establish a policy
that
complies with
section 2929.38
of the Revised Code and that
requires
any person
who is not
indigent and who is
confined in the
city
workhouse to
pay a
reception fee or a fee for any
medical
treatment
or service
requested by and provided to that
person.
(D) If a person who has been convicted of or pleaded
guilty
to an
offense is confined in the workhouse as provided in
division
(A) of
this section, at the time of reception and at
other times
the person in charge
of the operation of the workhouse
determines
to be appropriate, the person in
charge of the
operation of the
workhouse may cause the convicted offender to
be
examined and
tested for tuberculosis, HIV infection, hepatitis,
including but
not limited to hepatitis A, B, and C,
and other
contagious
diseases. The person in charge of the operation of the
workhouse
may cause a convicted offender in the workhouse who
refuses to be
tested or
treated for tuberculosis, HIV infection,
hepatitis,
including but
not limited to hepatitis A, B, and C, or
another
contagious
disease to be tested and treated involuntarily.
Sec. 2947.21. When a person is sentenced to a workhouse by
the court of common pleas, the clerk of the court of common pleas
shall make and deliver to the sheriff a certified copy of the
judgment. The copy shall describe the crime charged and
the
sentence of the court. The sheriff shall deliver the copy to the
officer in charge of the workhouse, and the copy shall be
that
officer's warrant for detaining the person in custody. In case of
such a
conviction by
any other court or magistrate, the court or
magistrate shall make
a certified transcript of the docket in the
case, which, in like
manner, shall be delivered to the marshal,
constable, or sheriff
to be delivered by the marshal, constable,
or sheriff to the proper
officer in charge of the
workhouse and be
that officer's warrant for detaining
the person in custody.
When a person is sentenced to a jail or workhouse under
division (A)(3) of section
2929.51
2929.24 of the
Revised Code,
the court shall certify a transcript of the docket in the case,
and the court
shall deliver the certified transcript to the
proper officer in charge of the
workhouse or jail, and the
certified transcript is the officer's warrant for
detaining the
person in custody during the prescribed period or periods.
Sec. 2949.111. (A) As used in this section:
(1) "Costs
Court costs" means any
court costs
assessment
that the court requires
an
offender to pay,
to defray the costs of
operating the court.
(2)
"State fines or costs" means any costs imposed or
forfeited bail
collected by the court under section 2743.70 of the
Revised Code for deposit into the
reparations fund or under
section 2949.091 of the Revised Code for deposit into the
general
revenue fund and all fines, penalties, and forfeited bail
collected by the
court and paid to a law library association under
sections 3375.50 to 3375.53 of the Revised Code.
(3) "Reimbursement" means any reimbursement for the costs of
confinement
that the court orders an offender to pay pursuant to
section
2929.28 of the Revised Code,
any supervision fee, any fee
for the
costs of
electronically monitored house arrest
with
electronic monitoring that an offender agrees to
pay
pursuant to
section 2929.23 of the Revised Code, any
reimbursement for the
costs of an investigation or prosecution
that the court orders an
offender to pay pursuant to section
2929.28
2929.71 of the Revised
Code, or any other costs that the court
orders an offender to pay.
(2)(4) "Supervision fees" means any fees that a court,
pursuant
to
section
sections 2929.18, 2929.28, and 2951.021 of the
Revised Code
and as a condition of
probation, requires an offender
who is placed on probation to pay
for probation services or that a
court, pursuant to section
2929.18 of the
Revised Code, requires
an offender who is under a
community control sanction
to pay for
supervision services.
(3)(5) "Community control sanction" has the same meaning as
in
section 2929.01 of the Revised Code.
(B) Unless the court, in accordance with division (C) of
this section, enters in the record of the case a different method
of assigning
a payment toward the satisfaction of costs,
restitution, a fine, or supervision fees
payments, if a person who
is
charged with a misdemeanor is convicted of or pleads guilty
to
the
offense, if the court orders the offender to pay any
combination
of
court costs,
state fines or costs, restitution, a
conventional fine, or
supervision fees
any reimbursement, and
if
the
offender makes any payment
of any of them to a clerk of court
toward the
satisfaction of the costs, restitution, fine, or
supervision fees,
the clerk
of the court shall assign the
offender's payment
so
made
toward the satisfaction of the costs,
restitution, fine, or
supervision fees in the following manner:
(1) If the court ordered the offender to pay any
court
costs,
the
offender's payment shall be assigned toward the
satisfaction
of
the
those court costs until
the court costs
they
have been entirely paid.
(2)
If the court ordered the offender to pay any state fines
or costs and
if all of the court costs that the court ordered the
offender to pay have been
paid, the remainder of the offender's
payment shall be assigned on a pro rata
basis toward the
satisfaction of the state fines or costs until they have been
entirely paid.
(3) If the court ordered the offender to pay any
restitution
and if all of the
court costs
and state fines or costs that the
court ordered the
offender to
pay, if any, have been paid, the
remainder of the
offender's
payment
after any assignment required
under division
(B)(1) of
this section shall be assigned toward the
satisfaction
of the
restitution until
the restitution
it has been
entirely paid.
(3)(4) If the court ordered the offender to pay any
fine and
if
all of the
court costs, state fines or
costs, and restitution that the court ordered the
offender to pay,
if any, have been paid, the remainder of the
offender's payment
after any assignments required under divisions
(B)(1) and (2) of
this section shall be assigned toward the
satisfaction of the fine
until
the fine
it has been entirely paid.
(4)(5) If the court ordered the offender to pay any
supervision
fees
reimbursement and if all of the
court costs,
state fines or costs, restitution, and
fine
fines
that the
court
ordered the offender to pay, if any, have been
paid, the
remainder
of the offender's payment
after any
assignments
required under
divisions (B)(1), (2), and (3) of this
section
shall be assigned
toward the satisfaction of the
supervision fees
reimbursements
until
the
supervision fees
they
have been entirely paid.
(C) If a person who is charged with a misdemeanor is
convicted of or pleads guilty to the offense and if the court
orders the offender to pay any combination of
court costs,
state
fines or costs, restitution,
a fine
fines, or
supervision fees
reimbursements, the court, at the time it orders
the
offender to
pay the combination of costs, restitution, a fine,
or
supervision fees
make those payments, may prescribe
a method
an
order of
assigning
payments
that
the person makes toward the
satisfaction of the costs,
restitution, fine, or supervision fees
that differs from the
method
order set forth in division (B) of
this section. If the court
prescribes a method of assigning
payments under this division,
the
court shall enter
by entering in
the record of the case the
method
order so
prescribed.
Upon the
entry
If a different order is entered in the record
of the case of
the
method of assigning payments prescribed pursuant to this
division,
if the offender makes any payment to a clerk of court
for the
costs, restitution, fine, or supervision fees,
on receipt
of any payment, the
clerk of the
court shall assign the payment
so
made toward the
satisfaction of
the costs, restitution, fine, or
supervision
fees
in the manner
prescribed by the court
and entered
in the record
of the case
instead of in the manner set forth in
division (B) of
this
section.
Sec. 2950.01. As used in this chapter, unless the context
clearly requires otherwise:
(A) "Confinement" includes, but is not limited to, a
community residential sanction imposed pursuant to section 2929.16
or 2929.26
of the Revised Code.
(B) "Habitual sex offender" means, except when a juvenile
judge removes this classification pursuant to division (A)(2) of
section 2152.84 or division (C)(2) of section 2152.85 of the
Revised Code, a person
to whom both
of the following apply:
(1) The person is convicted of or pleads guilty to a
sexually oriented offense, or the person is adjudicated a
delinquent
child for committing on or after
January 1, 2002, a
sexually oriented offense, was
fourteen years of
age or older at
the time of committing the
offense, and is
classified a juvenile
sex offender registrant
based on
that
adjudication.
(2) One of the following applies to the person:
(a) Regarding a person who is an offender, the person
previously
was convicted of or pleaded
guilty to one or
more
sexually oriented offenses
or
previously
was adjudicated a
delinquent
child for
committing one or more
sexually oriented
offenses
and was
classified a
juvenile sex offender registrant or
out-of-state
juvenile sex
offender registrant based on one or more
of those
adjudications,
regardless of when the offense was
committed and
regardless of the
person's age at the time of
committing the
offense.
(b) Regarding a delinquent child, the person previously was
convicted of, pleaded guilty to, or was adjudicated a delinquent
child for committing one or more sexually oriented offenses,
regardless of when the offense was committed and regardless of the
person's age at the time of committing the offense.
(C) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(D) "Sexually oriented offense" means any
of the following:
(1)
Any of
the
following
violations or offenses
committed by
a person
eighteen years of age or older:
(a) Regardless of the age of the victim of the offense, a
violation of section 2907.02, 2907.03, or 2907.05 of the Revised
Code;
(b) Any of the following offenses involving a minor, in
the
circumstances specified:
(i) A violation of section 2905.01, 2905.02, 2905.03,
2905.05, or 2907.04
or former section 2905.04 of the
Revised Code
when the victim
of the offense is under eighteen
years of age;
(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (A)(1) or (3) of section
2907.321 or 2907.322 of the Revised Code;
(iv) A violation of division (A)(1) or (2) of section
2907.323 of the Revised Code;
(v) A violation of division (B)(5) of section 2919.22 of
the
Revised Code when the child who is involved in the offense is
under eighteen years of age;
(vi) A violation of division (D) or (E) of section 2907.07 of
the Revised Code.
(c) Regardless of the age of the victim of the offense, a
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the
Revised Code, or of division (A) of section 2903.04 of the Revised
Code, that is committed with a purpose to gratify the sexual needs
or desires of the offender;
(d) A sexually violent offense;
(e) A violation of any former law of this state, any
existing or former municipal
ordinance
or law of another state or
the United States,
or any existing or former law applicable in a
military court or
in an
Indian tribal court that
is or was
substantially equivalent to any
offense listed in
division
(D)(1)(a),
(b), (c), or
(d) of this
section;
(f) An attempt to commit, conspiracy to commit, or
complicity in committing any offense listed in division (D)(1)(a),
(b), (c), (d),
or (e) of this section.
(2) An act committed by a person under eighteen years of age
that is
any of the following:
(a)
Subject to
division (D)(2)(h) of this section,
regardless of the age of the
victim of the
violation, a violation
of section 2907.02, 2907.03,
or 2907.05 of
the Revised Code;
(b) Subject to division (D)(2)(h) of this section, any of
the following acts involving a minor in the circumstances
specified:
(i) A violation of section 2905.01 or 2905.02 of the
Revised
Code, or of former section 2905.04 of the Revised Code,
when the
victim of the violation is under eighteen years of age;
(ii) A violation of section 2907.21 of the Revised Code
when
the person who is compelled, induced, procured, encouraged,
solicited, requested, or facilitated to engage in, paid or agreed
to be paid for, or allowed to engage in the sexual activity in
question is under eighteen years of age;
(iii) A violation of division (B)(5) of section 2919.22 of
the Revised Code when the child who is involved in the violation
is under eighteen years of age.
(c) Subject to division (D)(2)(h) of this section, any
sexually violent offense that, if committed by an adult,
would be
a felony of the first, second, third, or fourth degree;
(d) Subject to division (D)(2)(h) of this section, a
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or
2905.02 of the Revised Code, a violation of division (A) of
section 2903.04 of the Revised Code, or an attempt to violate any
of those sections or that division that is committed with a
purpose to gratify the sexual needs or desires of the child
committing the violation;
(e) Subject to division (D)(2)(h) of this section, a
violation of division (A)(1) or (3) of section 2907.321, division
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of
section 2907.323 of the Revised Code, or an attempt to violate any
of those divisions, if the person who violates or attempts to
violate the division is four or more years older than the minor
who is the victim of the
violation;
(f) Subject to division (D)(2)(h) of this section, any
violation of any former law of this state, any existing or former
municipal ordinance or law of another state or the United States,
or any existing or former law applicable in a military court or in
an Indian tribal court that is or was substantially equivalent to
any offense listed in division (D)(2)(a), (b), (c), (d), or (e) of
this section and that, if committed by an adult, would be a felony
of the first, second, third, or fourth degree;
(g) Subject to division (D)(2)(h) of this section, any
attempt to commit, conspiracy to commit, or complicity in
committing any offense listed in division (D)(2)(a), (b), (c),
(d), (e), or (f) of this section;
(h) If the child's case has been transferred for criminal
prosecution under section 2152.12 of the Revised Code, the act is
any violation listed in division (D)(1)(a), (b), (c), (d), (e),
or
(f) of this section or would be any offense listed in any
of those
divisions if committed by an adult.
(E) "Sexual predator" means a person
to whom either of
the
following applies:
(1) The person has been convicted
of or pleaded guilty to
committing a sexually oriented offense and is likely to engage
in
the future in one or more sexually oriented offenses.
(2) The person has been adjudicated a delinquent child for
committing a
sexually oriented offense, was fourteen years of age
or older at
the time of committing the offense, was classified a
juvenile sex
offender registrant based on that adjudication, and
is
likely to engage in the future in one or more sexually oriented
offenses.
(F) "Supervised release" means a release
of an offender from
a prison term,
a term of imprisonment, or another type of
confinement that
satisfies either of the following conditions:
(1) The release is on parole, a conditional pardon,
or
probation
under a community control sanction, under transitional
control, or under a post-release
control sanction, and it requires
the person to report to or be
supervised by a parole officer,
probation officer, field officer,
or another type of supervising
officer.
(2) The release is any type of release that is not described
in division (F)(1) of this section and that requires the person to
report to or be supervised by a probation officer, a parole
officer, a field officer, or another type of supervising officer.
(G) An offender
or delinquent child is "adjudicated as being
a sexual predator"
or "adjudicated a sexual predator" if any of
the following applies
and if that
status has not been removed
pursuant to section 2152.84, 2152.85,
or 2950.09 of the Revised
Code:
(1) The offender is convicted of or pleads guilty to
committing, on or after January 1, 1997, a sexually oriented
offense that is a sexually violent offense and also is convicted
of or pleads guilty to a sexually violent predator specification
that was included in the indictment, count in the indictment, or
information that charged the sexually violent offense.
(2) Regardless of when the sexually oriented offense was
committed, on or after January 1, 1997, the offender is sentenced
for a sexually oriented offense, and the sentencing judge
determines pursuant to division (B) of section 2950.09 of the
Revised Code that the offender is a sexual predator.
(3)
The delinquent child is adjudicated a delinquent child
for committing a
sexually oriented offense, was fourteen years
of
age or older at the time of committing the offense, and has been
classified a juvenile sex offender registrant based on that
adjudication,
and the adjudicating judge
or
that judge's successor
in office determines pursuant to division
(B) of
section 2950.09
or pursuant
to
section
2152.82, 2152.83,
2152.84,
or
2152.85
of
the
Revised
Code that the
delinquent child
is a
sexual
predator.
(4) Prior to January 1, 1997, the offender was convicted
of
or pleaded guilty to, and was sentenced for, a sexually
oriented
offense, the offender is imprisoned in a state
correctional
institution on or after January 1, 1997, and the
court determines
pursuant to division (C) of section 2950.09 of
the Revised Code
that the offender is a sexual predator.
(5) Regardless of when the sexually oriented offense was
committed, the offender
or delinquent child is convicted of or
pleads guilty to,
has been convicted of or pleaded guilty to,
or
is adjudicated a
delinquent child for committing a sexually
oriented offense in
another state or in a federal court, military
court, or an Indian
tribal court, as a result of that conviction,
plea of guilty,
or adjudication, the offender
or delinquent
child
is required,
under the law of the jurisdiction in which the
offender was
convicted or pleaded guilty
or the delinquent child
was
adjudicated, to register as a sex offender until the
offender's
or
delinquent child's death and to verify the
offender's
or
delinquent child's address on at least a quarterly
basis each
year, and, on or after July 1, 1997,
for offenders or
January 1, 2002, for
delinquent children the
offender
or
delinquent
child moves to and
resides in this state or
temporarily
is
domiciled in this state
for more than seven days,
unless a
court
of common pleas
or
juvenile court determines that
the
offender
or delinquent
child
is
not a sexual predator pursuant
to
division (F) of section
2950.09
of the Revised Code.
(H) "Sexually violent predator specification" and "sexually
violent offense" have the same meanings as in section 2971.01 of
the Revised Code.
(I) "Post-release control sanction" and "transitional
control" have the same meanings as in section 2967.01 of the
Revised Code.
(J) "Juvenile sex offender registrant" means a person who is
adjudicated a delinquent child for committing on or after
January
1, 2002, a sexually
oriented offense, who
is fourteen years of age
or older at the
time of committing the
offense, and who a juvenile
court judge,
pursuant to an order
issued under section 2152.82,
2152.83,
2152.84, or 2152.85 of the
Revised Code, classifies
a
juvenile
sex offender registrant and
specifies has a duty to
register under
section 2950.04 of the
Revised Code.
(K) "Secure facility" means any facility that is designed
and operated to ensure that all of its entrances and exits are
locked and under the exclusive control of its staff and to ensure
that,
because of that exclusive control, no person who is
institutionalized or confined in the facility may leave the
facility without permission or supervision.
(L) "Out-of-state juvenile sex offender registrant" means a
person who is adjudicated a delinquent child for committing a
sexually oriented offense in another state or in a federal court,
military court, or Indian tribal court, who on or after
January 1,
2002, moves to and
resides in this
state or temporarily is
domiciled in this state
for more than
seven days, and who under
section 2950.04 of the
Revised Code has
a duty to register in this
state as described in
that section.
(M) "Juvenile court judge" includes a magistrate to whom the
juvenile court judge confers duties pursuant to division (A)(15)
of section 2151.23 of the Revised Code.
(N) "Adjudicated a delinquent child for committing a sexually
oriented offense" includes a child who receives a serious youthful
offender dispositional sentence under section 2152.13 of the
Revised Code for committing a sexually oriented offense.
(O) "Aggravated sexually oriented offense" means a violation
of division (A)(1)(b) of section 2907.02 of the Revised Code.
(P) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
Sec. 2950.99.
(A) Whoever violates a prohibition in section
2950.04, 2950.05,
or 2950.06 of the Revised Code is guilty of a
felony of the fifth degree
if the most serious sexually oriented
offense that was the basis of the registration, change of address
notification, or address verification requirement that was
violated under the prohibition is a felony
if committed by an
adult,
and a misdemeanor of
the first degree if the most serious
sexually oriented offense
that was the basis of the registration,
change of address
notification, or address verification
requirement that was
violated under the prohibition is a
misdemeanor
if committed by an
adult. In addition to
any penalty
or sanction imposed for the violation, if the
offender
or
delinquent child is
subject to a community control sanction, is on
probation or parole, is subject to
one or
more
post-release
control sanctions, or is subject to any other
type
of supervised
release at the time of the violation, the
violation shall
constitute a violation of the terms and
conditions
of the
probation
community control sanction, parole, post-release control
sanction, or other
type of supervised release.
(B) If a person violates a prohibition in section 2950.04,
2950.05, or 2950.06 of the Revised Code that applies to the person
as a result of the person being adjudicated a delinquent child and
being classified a juvenile sex offender registrant or is an
out-of-state juvenile sex offender registrant, both of the
following apply:
(1) If the violation occurs while the person is under
eighteen years of age, the person is subject to proceedings under
Chapter 2152. of the Revised Code based on the violation.
(2) If the violation occurs while the person is eighteen
years of age or older, the person is subject to criminal
prosecution based on the violation.
Sec. 2951.01.
The definition of
"magistrate" set forth
As
used in
this chapter:
(A)
"Magistrate" has the same meaning as in section 2931.01
of
the Revised Code
applies to Chapter 2951. of the Revised Code.
(B)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(C)
"Ignition interlock device" has the same meaning as in
section 4511.83 of the Revised Code.
(D)
"Multicounty department of probation" means a probation
department established under section 2301.27 of the Revised
Code
to serve more than one county.
(E)
"Probation agency" means a county department of
probation, a
multicounty department of probation, a municipal
court department of
probation established under section 1901.33 of
the Revised
Code, or the adult parole authority.
(F)
"County-operated municipal court" and
"legislative
authority"
have the same meanings as in section 1901.03 of the
Revised
Code.
(G)
"Detention facility" has the same meaning as in section
2921.01 of the Revised Code.
(H)
"Repeat offender" and
"dangerous offender" have the same
meanings as in section 2935.36 of the Revised Code.
(I)
"Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(J)
"Peace officer" has the same meaning as in section
2935.01 of
the Revised Code.
(K)
"Firearm,"
"deadly weapon," and
"dangerous ordnance"
have
the
same meanings as in section 2923.11 of the Revised Code.
Sec. 2951.011. (A)(1) Chapter 2951. of the Revised Code, as
it
existed prior to
July 1, 1996, applies to a person upon whom a
court imposed a term of
imprisonment prior to
July 1, 1996, and a
person upon whom a court, on or after
July 1, 1996, and in
accordance with law existing prior to July 1, 1996,
imposed a term
of imprisonment for an offense that was committed prior to
July 1,
1996.
(B)(2) Chapter 2951. of the Revised Code as it exists on and
after July 1, 1996,
applies to a person upon whom a court imposed
a stated
prison term for an offense committed on or after July
1,
1996.
(B)(1) Except as provided in division (A)(1) of this
section,
Chapter 2951. of the Revised
Code, as it existed prior to
January
1,
2004, applies to a person upon whom a court imposed a
sentence for
a misdemeanor offense prior
to January 1, 2004, and a
person upon
whom a court, on or after January
1, 2004, and in
accordance with law
existing prior to January 1,
2004, imposed a
sentence for a
misdemeanor offense that was committed
prior to
January 1, 2004.
(2) Except as provided in division (A)(2) of this section,
Chapter 2951. of the Revised Code as it
exists on and after July
1, 2003, applies to a person upon whom a
court imposes a sentence
for a misdemeanor offense committed on or after July 1, 2003.
Sec. 2951.02. (A)(1) In determining whether to suspend
a
sentence of imprisonment imposed upon an offender for a
misdemeanor and
place the offender on probation or
whether to
otherwise suspend a sentence of imprisonment imposed upon an
offender for a misdemeanor pursuant to division (A) of section
2929.51 of the Revised Code, the court shall consider the risk
that the offender will commit another offense and the need for
protecting the public from the risk, the nature and circumstances
of the offense, and the history, character, and condition of the
offender.
(2) An offender who has been convicted of or pleaded
guilty
to a misdemeanor shall not be placed on probation and shall not
otherwise have the sentence of imprisonment imposed upon the
offender
suspended
pursuant to division (A) of section 2929.51 of
the Revised
Code if either of the following applies:
(a) The offender is a repeat or dangerous offender.
(b) The misdemeanor offense involved was not a
violation of
section 2923.12 of the Revised
Code and was committed while the
offender was
armed with a firearm or dangerous ordnance.
(B) The following do not control the court's discretion
but
the court shall consider them in favor of placing an offender who
has been
convicted of or pleaded guilty to a misdemeanor on
probation or in favor of
otherwise suspending the offender's
sentence of imprisonment pursuant to division (A) of section
2929.51 of the
Revised Code:
(1) The offense neither caused nor threatened serious harm
to persons or property, or the offender did not contemplate that
it would do so.
(2) The offense was the result of circumstances unlikely
to
recur.
(3) The victim of the offense induced or facilitated it.
(4) There are substantial grounds tending to excuse or
justify the offense, though failing to establish a defense.
(5) The offender acted under strong provocation.
(6) The offender has no history of prior delinquency or
criminal activity, or has led a law-abiding life for a
substantial
period before commission of the present offense.
(7) The offender is likely to respond affirmatively to
probationary or other court-imposed treatment.
(8) The character and attitudes of the offender indicate
that the offender is unlikely to commit another offense.
(9) The offender has made or will make restitution or
reparation to the victim of the offender's offense for the injury,
damage,
or loss sustained.
(10) Imprisonment of the offender will entail undue hardship
to the offender
or the offender's dependents.
(C)(1) When an offender who has been convicted of or pleaded
guilty to a
misdemeanor is placed on probation or the sentence of
that type of offender otherwise is suspended pursuant to division
(A)
of section
2929.51 of the Revised Code, the probation or
other
suspension shall be at least on condition that, during the
period
of probation or other suspension, the offender shall abide by the
law and shall not leave the
state
without
the permission of the
court
or the offender's probation officer. In the interests of
doing justice,
rehabilitating the offender, and ensuring the
offender's good behavior, the
court may impose additional
requirements on the offender.
Compliance with the additional
requirements imposed under this division also
shall be a condition
of the offender's probation or other suspension. The
additional
requirements so imposed may include, but shall not be limited to,
any of the following:
(a) A requirement that the offender make
restitution
pursuant to section 2929.21 of the Revised Code for all or part of
the property damage that is caused
by the offender's offense and
for all or part of the value of the property
that is the subject
of any theft offense that the offender committed;
(b) If the offense is a violation of section 2919.25 or a
violation of
section 2903.13 of the Revised Code involving a
person who was a family or
household member at the time of the
violation, if the offender committed the
offense in the vicinity
of one or more children who are not victims of the
offense, and if
the offender or the victim of the offense is a parent,
guardian,
custodian, or person in loco parentis of one or more of those
children, a requirement that the offender obtain counseling. This
division
does not limit the court in imposing a requirement that
the offender obtain
counseling for any offense or in any
circumstance not specified in this
division.
(c) A requirement that the offender not ingest or be
injected
with a drug of abuse and submit to random
drug testing
and requiring that the results of the drug test indicate
that the
offender did not ingest or was not injected with a drug
of abuse.
If the court requires the offender to submit to
random drug
testing under division
(C)(1)(c) of this section, the
county
department of probation, the multicounty department of
probation,
or the adult parole authority, as appropriate, that
has general
control and supervision of offenders who are on
probation or other
suspension or are under a nonresidential
sanction, shall cause the
offender to submit to random drug
testing pursuant to section
2951.05 of the Revised
Code.
(2) During the period of a misdemeanor offender's
probation
or other suspension
community control sanction or during the
period of a
felon's
felony offender's
nonresidential sanction,
authorized probation officers who are
engaged within the scope of
their
supervisory duties or
responsibilities may search, with or
without a warrant,
the person
of the offender, the place of
residence of the offender, and a
motor vehicle, another item of
tangible or intangible personal
property, or
other real property
in which the offender has a
right, title, or interest or
for which
the offender has the
express or implied permission of a person
with
a right,
title, or
interest to use, occupy, or possess if the
probation officers have
reasonable grounds to believe that the
offender is not abiding by
the law or
otherwise is not complying
with the conditions of the
misdemeanor
offender's
probation or
other
suspension
community control sanction or the conditions of
the
felony
offender's nonresidential sanction.
If a
felon
felony
offender who is sentenced
to a nonresidential sanction is under
the
general control and
supervision of the adult parole authority,
as described in
division (A)(2)(a) of section 2929.15 of the
Revised Code, adult
parole authority field officers with
supervisory responsibilities
over the
felon
felony offender shall
have the same search authority relative to
the
felon
felony
offender during the
period of the sanction
as
that is described
under
this division for probation
officers. The court that places
the
misdemeanor
offender
on probation or
suspends
the misdemeanor
offender's
sentence of imprisonment
under a community control
sanction pursuant to
division (D)(2)
or (4) of
section
2929.51
2929.25 of the Revised Code or that sentences the
felon
felony
offender
to
a nonresidential sanction pursuant to section 2929.17
of the
Revised Code shall
provide the offender with a written
notice that
informs the offender that authorized probation
officers or adult
parole
authority field officers with supervisory
responsibilities
over the
offender who are engaged within
the
scope of their
supervisory duties or responsibilities may conduct
those
types
of
searches during the period of
probation or other
suspension or
during
the period of
community control sanction or
the nonresidential sanction if they have
reasonable grounds to
believe that the offender is not abiding by
the law or
otherwise
is not complying with the conditions of the
offender's
probation
or
other suspension or the conditions of the
offender's
community
control sanction or nonresidential
sanction.
(D) The following do not control the court's discretion
but
the court shall consider them against placing an offender who has
been
convicted of or pleaded guilty to a misdemeanor on probation
and against
otherwise suspending the offender's sentence of
imprisonment pursuant to division (A) of section 2929.51 of the
Revised Code:
(1) The offender recently violated the conditions of
pardon,
post-release control pursuant to section 2967.28 of
the
Revised
Code, or a probation or suspension pursuant to
division (A) of
section 2929.51 of the Revised Code,
previously granted the
offender.
(2) There is a substantial risk that, while at liberty
during the period of probation or other suspension, the offender
will commit another offense.
(3) The offender is in need of correctional or
rehabilitative treatment that can be provided best by the
offender's
commitment to a locally governed and operated
residential facility.
(4) Regardless of whether the offender knew the age of the
victim, the victim of the offense was sixty-five years of age or
older or permanently and totally disabled at the time of the
commission of the offense.
(E) The criteria listed in divisions (B) and (D) of this
section shall not be construed to limit the matters that may be
considered in determining whether to suspend sentence of
imprisonment and place an offender who has been convicted of or
pleaded guilty
to a misdemeanor on probation or whether to
otherwise suspend the offender's sentence of imprisonment pursuant
to division
(A) of section 2929.51 of the Revised Code.
(F)(1) When
(B) If an offender is
convicted
of or pleads
guilty to
a misdemeanor, the
court may require the offender, as a
condition
of
probation or as a condition
of otherwise suspending
the
offender's sentence
pursuant to division (A) of
section
2929.51 of
the Revised Code, in addition to the
conditions of
probation or
other suspension imposed pursuant to
division (C) of
this section
of a community control sanction,
to perform
supervised community
service work
in accordance with this
division. If an offender is convicted of or pleads guilty to a
felony, the court, pursuant to sections 2929.15 and 2929.17 of the
Revised Code, may impose a sanction that requires the offender to
perform supervised community service work in accordance with this
division. The supervised community service work shall be under the
authority
of health districts, park
districts, counties, municipal
corporations, townships, other
political subdivisions of the
state, or agencies of the state or
any of its political
subdivisions, or under the authority of
charitable organizations
that render services to the community or
its citizens, in
accordance with this division.
Supervised
community service work
shall not be required as a condition of
probation or other
suspension under this division unless the
offender agrees to
perform the work offered as a condition of
probation or other
suspension by the court. The court may
require an offender who
agrees
is ordered to perform the work to pay to it a
reasonable
fee to cover
the costs of the offender's participation in the
work, including,
but not limited to, the costs of procuring a
policy or policies of
liability insurance to cover the period
during which the offender
will perform the work.
A court may permit any offender convicted of a
felony or a
misdemeanor
to
satisfy the payment of a fine imposed for the
offense
pursuant to section 2929.18 or 2929.28 of the Revised Code
by
performing supervised community service work as described in
this
division if the offender requests an opportunity to satisfy
the
payment by this means and if the court determines
that the
offender is
financially unable to pay the fine.
The supervised community service work that may be imposed
under this division shall be subject to the following
limitations:
(a)(1) The court shall fix the period of the work and, if
necessary, shall distribute it over weekends or over other
appropriate times that will allow the offender to continue at the
offender's
occupation or to care for the offender's family. The
period of the work as
fixed by the court shall not exceed
an
in
the
aggregate
of two hundred
the number of
hours
of community
service imposed by the court pursuant to section 2929.17 or
2929.27 of the Revised Code.
(b)(2) An agency, political subdivision, or charitable
organization must agree to accept the offender for the work
before
the court requires the offender to perform the work for the
entity. A
court shall not require an offender to perform
supervised
community service work for an agency, political
subdivision, or
charitable organization at a location that is an
unreasonable
distance from the offender's residence or domicile,
unless the
offender is provided with transportation to the
location where
the work is to be performed.
(c)(3) A court may enter into an agreement with a county
department of job and family services for the management,
placement, and
supervision of offenders eligible for community
service work in work
activities,
developmental activities, and
alternative work activities under sections 5107.40
to 5107.69 of
the
Revised Code. If a court and a county
department of job and
family services have entered into an
agreement of that nature, the
clerk of that court is authorized to pay
directly to the county
department all or a portion of the fees
collected by the court
pursuant to this division in accordance with the terms
of its
agreement.
(d)(4) Community service work that a court requires under
this
division shall be supervised by an official of the agency,
political subdivision, or charitable organization for which the
work is performed or by a person designated by the agency,
political subdivision, or charitable organization. The official
or designated person shall be qualified for the supervision by
education, training, or experience, and periodically shall
report,
in writing, to the court and to the offender's probation
officer
concerning the conduct of the offender in performing the
work.
(2) When an offender is convicted of a felony, the court
may
impose pursuant to sections 2929.15 and 2929.17 of the Revised
Code a
sanction that requires the offender to perform supervised
community
service work in accordance with this division and under
the
authority of any agency, political subdivision, or charitable
organization as described in division (F)(1) of this section. The
court may
require an offender who is ordered to
perform the work
to pay to it a reasonable fee to cover the costs
of the offender's
participation in the work, including, but not limited to,
the
costs of procuring a policy or policies of liability
insurance to
cover the period during which the offender will
perform the work.
A court may permit an offender convicted of a felony to
satisfy the payment of a fine imposed for the offense pursuant to
section
2929.18 of the Revised Code by performing supervised
community service work as
described in this
division if the court
determines that the offender is financially unable to pay
the
fine.
The supervised community service work that may be imposed
under this division shall be subject to the limitations specified
in divisions (F)(1)(a) to (d) of this section, except that the
court is not
required to obtain the agreement of the offender to
impose supervised
community work as a sanction. Additionally, the
(5) The
total of any period of
supervised community service work
imposed
on an offender under
this division
(B) of this section
plus the period of all other
sanctions imposed pursuant to
sections 2929.15,
2929.16, 2929.17,
and 2929.18 of the Revised
Code
for a felony, or pursuant to sections 2929.25, 2929.26,
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall
not exceed five years.
(G)(C)(1)
When
If an offender is convicted of a violation of
section 4511.19 of the Revised Code, a municipal ordinance
relating to operating a vehicle while under the influence of
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a
municipal ordinance relating to operating a vehicle with a
prohibited concentration of alcohol in the blood, breath, or
urine, the court may require, as
a condition of
probation in
addition to the required conditions
of probation and the
discretionary conditions of probation that
may be imposed pursuant
to division (C) of this section
a community control sanction, any
suspension
of a
driver's or
commercial driver's
license or permit
or nonresident
operating
privilege, and all
other penalties
provided by law or by
ordinance, that the
offender operate only a
motor vehicle equipped
with an ignition
interlock device that is
certified pursuant to
section
4510.43 of
the Revised Code.
(2)
When
If a court requires an offender, as a condition of
probation
a community control sanction pursuant to division
(G)(C)(1) of this section, to operate
only a motor vehicle
equipped with an ignition interlock device
that is certified
pursuant to section
4510.43 of the
Revised
Code, the offender
immediately shall surrender the
offender's
driver's or
commercial
driver's license or permit to
the court.
Upon the
receipt of the
offender's license or permit,
the court
shall
issue an order
authorizing the offender to operate
a motor
vehicle equipped with
a certified ignition interlock
device,
deliver the offender's
license or permit to the bureau of
motor
vehicles, and include in
the abstract of the case forwarded
to
the
bureau pursuant to
section
4510.036 of the Revised
Code the
conditions of
probation
the community control sanction imposed pursuant to division
(G)(C)(1) of
this section. The court shall give the offender a
copy
of its
order, and that copy shall be used by the offender in
lieu
of a
driver's or commercial driver's license or permit until
the
bureau
issues a restricted license to the offender.
(3) Upon receipt of an offender's driver's or commercial
driver's license or permit pursuant to division
(G)(C)(2) of this
section, the bureau of motor vehicles shall issue a restricted
license to the offender. The restricted license shall be
identical to the surrendered license, except that it shall have
printed on its face a statement that the offender is prohibited
from operating a motor vehicle that is not equipped with an
ignition interlock device that is certified pursuant to section
4510.43 of the Revised Code. The bureau shall deliver the
offender's surrendered license or permit to the court upon
receipt
of a court order requiring it to do so, or reissue the
offender's
license or permit under section
4510.52 of the Revised
Code if
the registrar destroyed the offender's license or permit
under
that section. The offender shall surrender the restricted
license
to the court upon receipt of the offender's surrendered
license or
permit.
(4) If an offender violates a requirement of the court
imposed under division
(G)(C)(1) of this section, the
court may
impose a class seven suspension of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege
from the range specified
in division (A)(7) of section
4510.02 of the Revised
Code.
On a second or subsequent violation,
the court may impose a class
four suspension of the offender's
driver's or commercial driver's
license or permit or nonresident
operating privilege from the
range specified in division (A)(4) of
section 4510.02 of the
Revised Code.
(H) As used in this
section:
(1) "Repeat offender" and "dangerous offender" have the
same
meanings as in section 2935.36 of the
Revised
Code.
(2) "Firearm" and "dangerous ordnance" have the same
meanings as in section 2923.11 of the
Revised
Code.
(3) "Theft offense" has the same meaning as in section
2913.01 of the Revised
Code.
(4) "Random drug testing" has the same meaning as in
section
5120.63 of the Revised
Code.
(5) "Ignition
interlock device"
has the same meaning as in
section
4510.01 of the Revised Code.
Sec. 2951.021. (A)
As used in this section:
(1)
"Multicounty department of probation" means a
probation
department established under section 2301.27 of the
Revised Code
to serve more than one county.
(2)
"Probation agency" means a county department of
probation, a multicounty department of probation, a municipal
court department of probation established under section 1901.33
of
the Revised Code, or the adult parole authority.
(3)
"County-operated municipal court" and
"legislative
authority" have the same meanings as in section 1901.03 of the
Revised Code.
(4)
"Detention facility" has the same meaning as in
section
2921.01 of the Revised Code.
(B)(1) If a court places a misdemeanor offender
on probation
under a community control sanction under section 2929.26, 2929.27,
or
2929.28 of the Revised Code
or places a felony offender under a
community
control sanction under section 2929.16, 2929.17, or
2929.18 of the Revised
Code and if the court places the offender
under the control and
supervision of a probation agency, the court
may
require the offender, as a condition of
probation
or of
community control, to pay
a monthly supervision fee of not more
than fifty dollars for
supervision services. If the court
requires an offender to
pay a monthly supervision fee and the
offender will be under the control
of a county department of
probation, a multicounty department of
probation, or a municipal
court department of probation
established under section 1901.33 of
the Revised Code, the court
shall specify whether the offender is
to pay the fee to the
probation agency that will have control over
the offender or to the
clerk of the court for which the
supervision agency is established. If
the court requires an
offender to pay a monthly probation fee and
the offender will be
under the control of the adult parole
authority, the court shall
specify that the offender is to pay
the fee to the clerk of the
court of common pleas.
(2) No person shall be assessed, in any month, more than
fifty dollars in supervision fees.
(3) The prosecuting attorney of the county or the chief
legal officer of a municipal corporation in which is located the
court that imposed sentence upon an offender may bring a civil
action to recover unpaid monthly supervision fees that the
offender
was required to pay. Any amount recovered in the civil
action
shall be paid into the appropriate county or municipal
probation
services fund in accordance with division
(C)(B) of this
section.
(4) The failure of an offender to comply with a condition
of
probation or of community control that requires the offender to
pay
a monthly
supervision fee and that is imposed under division
(B)(A)(1)
of this section
shall not constitute the basis
for
a
revocation of the offender's probation and the imposition of
the
offender's sentence under section 2951.09 of the Revised Code or
the
modification of the offender's community control sanctions
pursuant to section
2929.15
or
2929.25 of the Revised Code but may
be
considered with any other factors that form the basis of a
revocation of probation or modification of a sanction
for
violating a
community control sanction under those sections. If
the court
determines
at a hearing
held pursuant to section 2951.09
of the Revised Code that a
misdemeanor offender on
probation
community control failed to
pay a monthly
supervision fee
imposed
under
division
(B)(A)(1) of this section and that no other factors
warranting
revocation of probation
the modification of the
offender's community control sanction are present, the court shall
not revoke the offender's probation, shall remand the offender to
the custody of the probation agency, and may impose any
additional
conditions of
probation
community control upon the
offender,
including a
requirement that the offender perform community
service, as the
ends of justice require. Any requirement imposed
pursuant to
division
(B)(A)(4) of this section that the offender
perform
community service shall be in addition to and shall not
limit or
otherwise affect any order that the offender perform
community
service pursuant to division
(F)(1)(a)(B) of section
2951.02
of the Revised Code.
(C)(B) Prior to the last day of the month in each month
during the period of
probation or of community control, an
offender who
is ordered to pay
a monthly supervision fee under
this section shall pay the
fee to the probation agency that has
control and supervision over the
offender or to the clerk of the
court for which the probation agency is
established, as specified
by the court, except that, if the
probation agency is the adult
parole authority, the offender
shall pay the fee to the clerk of
the court of common pleas.
Each probation agency or clerk of a
court that receives any
monthly supervision fees shall keep a
record of the monthly
supervision fees that are paid to the agency
or the clerk and
shall give a written receipt to each person who
pays a supervision fee to the
agency or clerk.
(D)(C) Subject to division
(F)(E) of this
section, all
monthly
supervision fees collected under this section by a
probation
agency or the clerk of a court shall be disposed of in
the following
manner:
(1) For offenders who are under the control and
supervision
of a county department of probation or a municipal
court
department of probation in a county-operated municipal
court, on
or before the fifth business day of each month, the
chief
probation officer, the chief probation officer's designee, or the
clerk
of the court
shall pay all monthly supervision fees
collected in the previous
month to the county treasurer of the
county in which the county
department of probation or municipal
court department of
probation is established for deposit into the
county probation
services fund established in the county treasury
of that county
pursuant to division (A)(1) section 321.44 of the
Revised Code.
(2) For offenders who are under the control and
supervision
of a multicounty department of probation, on or
before the fifth
business day of each month, the chief probation
officer, the chief
probation officer's designee,
or the clerk of the court shall pay
all
monthly supervision fees collected in the previous month to
the county treasurer of the county in which is located the court
of
common pleas that placed the offender
on probation or under a
community
control sanction under the
control of the department for
deposit into the county probation
services fund established in the
county treasury of that county
pursuant to division (A)(1) of
section 321.44 of the Revised Code
and for subsequent
appropriation and transfer in accordance with
division (A)(2) of
that section to the appropriate multicounty
probation services
fund established pursuant to division (B) of
that section.
(3) For offenders who are under the control and
supervision
of a municipal court department of probation in a
municipal court
that is not a county-operated municipal court, on
or before the
fifth business day of each month, the chief
probation officer, the
chief probation officer's designee, or the clerk of the
court
shall
pay all monthly supervision fees collected in the previous
month to the treasurer of the municipal corporation for deposit
into the
municipal probation services fund established pursuant to
section
737.41 of the Revised Code.
(4) For offenders who are under the control and
supervision
of the adult parole authority, the clerk of the court
of common
pleas, on or before the fifth business day of January,
April,
July, and October, shall pay all monthly supervision fees
collected by the clerk in the previous three months to the
treasurer of the county in which is located the court of common
pleas that placed the offender
on probation or under a community
control
sanction under the control of
the authority for deposit
into the county probation services fund
established in the county
treasury of that county pursuant to
division (A)(1) of section
321.44 of the Revised Code and for
subsequent appropriation and
transfer in accordance with division
(A)(2) of that section to the
adult parole authority probation
services fund established
pursuant to section 5149.06 of the
Revised Code.
(E)(D) Not later than the first day of December of each
year,
each probation agency shall prepare a report regarding its
use of
money from a county probation services fund, a multicounty
probation services fund, a municipal probation services fund, or
the adult parole authority probation services fund, whichever is
applicable. The report shall specify the amount appropriated
from
the fund to the probation agency during the current calendar
year,
an estimate of the amount that the probation agency will
expend by
the end of the year, a summary of how the amount
appropriated has
been expended for probation services, and an
estimate of the
amount of supervision fees that the probation
agency will collect
and pay to the appropriate treasurer for
deposit in the
appropriate fund in the next calendar year. The
report shall be
filed with one of the following:
(1) If the probation agency is a county department of
probation or a municipal court department of probation in a
county-operated municipal court, with the board of county
commissioners of that county;
(2) If the probation agency is a multicounty department of
probation, with the board of county commissioners of the county
whose treasurer, in accordance with section 2301.27 of the
Revised
Code, is designated as the treasurer to whom
supervision fees
collected under this section are to be appropriated and
transferred under division (A)(2) of section 321.44 of the
Revised
Code;
(3) If the probation agency is a department of probation
of
a municipal court that is not a county-operated municipal
court,
with the legislative authority of the municipal
corporation that
operates the court;
(4) If the probation agency is the adult parole authority,
with the
chairmen
chairpersons of the finance committees of the
senate and the
house of representatives, the directors of the
office of budget
and management and the legislative
budget office
service commission,
and the board
of county commissioners in each
county for which the
adult parole
authority provides probation
services.
(F)(E) If the clerk of a court of common pleas or the clerk
of a municipal court collects any monthly supervision fees under
this section, the clerk may retain up to two per cent of the fees
so collected to cover any administrative costs experienced in
complying with the clerk's duties under this section.
Sec. 2951.041. (A)(1) If an offender is charged with a
criminal
offense and the court
has reason to believe that drug or
alcohol usage by the offender
was a factor leading to the
offender's criminal behavior, the
court may accept, prior to the
entry of a guilty plea, the
offender's request for intervention in
lieu of conviction.
The request shall include a waiver
of the
defendant's right to a speedy trial, the preliminary
hearing, the
time period within which the grand jury may
consider an indictment
against the offender, and arraignment,
unless the hearing,
indictment, or arraignment has already
occurred.
The
court may
reject an offender's request without a hearing. If
the court
elects to consider an offender's request, the court
shall conduct
a hearing to determine whether the offender is
eligible under this
section for intervention in lieu of
conviction and shall stay all
criminal proceedings pending the
outcome of the hearing. If the
court schedules a hearing, the
court shall order an assessment of
the offender for the purpose
of determining the offender's
eligibility for intervention in
lieu of conviction and
recommending an appropriate intervention
plan.
(2) The victim notification provisions of division
(C) of
section 2930.08 of the
Revised Code apply in relation to any
hearing held under division
(A)(1) of this section.
(B) An offender is
eligible for intervention in lieu of
conviction if the court
finds all of the following:
(1) The offender previously has not been convicted of or
pleaded guilty to a felony, previously has not been through
intervention in lieu of conviction under this section or any
similar regimen, and is charged with a felony for which the
court,
upon conviction, would impose sentence under division
(B)(2)(b)
of
section 2929.13 of the
Revised Code or with a
misdemeanor.
(2) The offense is not a felony of the first, second, or
third
degree, is not an offense of violence, is not a violation of
division (A)(1)
or (2) of section 2903.06 of the Revised Code, is
not a
violation of division (A)(1) of section 2903.08 of the
Revised Code, is not a
violation of division (A) of
section
4511.19 of the Revised Code or a municipal ordinance
that is
substantially similar to that division, and is not an
offense for
which a sentencing court is required to impose a
mandatory prison
term, a mandatory term of local incarceration,
or a mandatory term
of imprisonment in a jail.
(3) The offender is not charged with a violation of
section
2925.02, 2925.03, 2925.04,
or 2925.06
of the Revised
Code and is
not charged with a violation of section 2925.11 of the
Revised
Code that is a felony of the
first, second, or third
degree.
(4) The offender is not charged with a violation of
section
2925.11 of the Revised Code that is a felony of the
fourth
degree,
or the offender is charged with a violation of
that
section that
is a felony of the fourth degree and the
prosecutor
in the case
has recommended that the offender be
classified as
being eligible
for intervention in lieu of
conviction under this
section.
(5) The offender has been assessed by an appropriately
licensed provider, certified facility, or licensed and
credentialed professional, including, but not limited to, a
program licensed by the department of alcohol and drug addiction
services pursuant to section 3793.11 of the
Revised Code, a
program certified by
that department pursuant to section 3793.06
of the
Revised Code, a public or private
hospital, the United
States department of veterans
affairs, another appropriate agency
of the government of the
United States, or a licensed
physician,
psychiatrist, psychologist, independent social
worker,
professional counselor, or chemical dependency
counselor for the
purpose of determining the offender's eligibility for
intervention
in lieu of conviction and recommending an appropriate
intervention
plan.
(6) The offender's drug or alcohol usage was a factor
leading to the criminal offense with which the offender is
charged, intervention in lieu of conviction would not demean the
seriousness of the offense, and intervention would substantially
reduce the likelihood of any future criminal activity.
(7) The alleged victim of the offense was not sixty-five
years of age
or older, permanently and totally disabled, under
thirteen years of age,
or a peace officer engaged in the officer's
official duties at the time of the
alleged offense.
(8) If the offender is charged with a violation of section
2925.24 of the
Revised Code, the alleged violation did not result
in physical harm to any
person, and the offender previously has
not been treated for drug abuse.
(9) The offender is willing to comply with all terms and
conditions imposed by the court pursuant to division
(D) of this
section.
(C) At the conclusion of
a hearing held pursuant to
division
(A) of this section, the court
shall enter its
determination as to
whether the offender is
eligible for
intervention in lieu of
conviction and as to
whether to grant the
offender's request. If
the court finds
under division (B) of
this section that the
offender is eligible for
intervention in lieu of conviction and
grants the
offender's
request,
the court shall accept the
offender's plea of guilty and
waiver
of the defendant's right to a
speedy trial, the preliminary
hearing, the time period within
which the grand jury may
consider
an indictment against the
offender, and arraignment,
unless the
hearing, indictment, or
arraignment has already
occurred. In
addition, the court then may
stay all criminal
proceedings and
order the offender to comply
with all terms and
conditions imposed
by the court pursuant to
division
(D) of this section. If the
court finds that the
offender is not eligible or does not grant
the offender's request,
the criminal proceedings against the
offender shall proceed as if
the offender's request for
intervention in lieu of conviction had
not been made.
(D) If the court grants
an offender's request for
intervention in lieu of conviction,
the court shall place the
offender under the general control and
supervision of the county
probation department, the adult parole
authority, or another
appropriate local probation or court
services agency, if one
exists, as if the offender was subject
to a community control
sanction imposed under section 2929.15
or,
2929.18, or 2929.25 of
the Revised
Code
or was on probation under
sections 2929.51 and
2951.02 of the
Revised Code and other provisions of
the
misdemeanor sentencing
law. The court shall establish an
intervention plan for the
offender. The terms and conditions of
the intervention plan shall
require the offender, for at least
one
year from the date on which
the court grants the order of
intervention in lieu of conviction,
to abstain from the use of
illegal drugs and alcohol and to submit
to regular random
testing
for drug and alcohol use and may include
any other
treatment terms
and conditions, or terms and conditions
similar
to community
control sanctions, that are ordered by the
court.
(E) If the court grants
an offender's request for
intervention in lieu of conviction and
the court finds that the
offender has successfully completed the
intervention plan for the
offender, including the requirement
that the offender abstain from
using drugs and alcohol for a
period of at least one year from the
date on which the court
granted the order of intervention in lieu
of conviction and all
other terms and conditions ordered by the
court, the court shall
dismiss the proceedings against the
offender. Successful
completion of the intervention plan and
period of abstinence
under this section shall be without
adjudication of guilt and is
not a criminal conviction for
purposes of any disqualification
or disability imposed by law and
upon conviction of a crime, and
the court may order the sealing of
records related to the
offense in question in the manner provided
in sections 2953.31
to 2953.36 of the Revised
Code.
(F) If the court grants
an offender's request for
intervention in lieu of conviction and
the offender fails to
comply with any term or condition imposed
as part of the
intervention plan for the offender, the
supervising authority for
the offender promptly shall advise the
court of this failure, and
the court shall hold a hearing to determine whether
the offender
failed to comply with any term or condition imposed
as part of the
plan. If the court determines that the offender
has failed to
comply with any of those terms and conditions, it
shall enter a
finding of guilty and shall impose an appropriate
sanction under
Chapter 2929.
of the
Revised Code.
(G) As used in this
section:
(1) "Community control sanction" has the same meaning as
in
section 2929.01 of the
Revised Code.
(2) "Intervention in lieu of conviction" means any
court-supervised activity that complies with this
section.
(3) "Peace officer" has the same meaning as in section
2935.01 of the
Revised Code.
Sec. 2951.05. (A)
If an offender mentioned in section
2951.02 of the Revised Code resides in the county in which the
trial was conducted, the court that issues an order of probation
shall place
the offender under the control and supervision of a
department of
probation in the county that serves the court. If
there is no department of
probation in the county that serves the
court, the probation order, under
section
2301.32 of the Revised
Code, may place the offender on probation in charge of
the adult
parole authority created by section 5149.02 of the
Revised Code
that then shall have the powers and duties of a county department
of
probation. If the offender resides in a county other than the
county in which
the court granting probation is located and a
county
department of probation has been established in the county
of
residence or the county of residence is served by a multicounty
probation
department, the order of probation may request the court
of
common pleas of the county in which the offender resides to
receive the offender into the control and supervision of
that
county
or multicounty department of probation, subject to the
jurisdiction of the
trial
judge over and with respect to the
person of the offender, and
to the rules governing that department
of
probation. If the offender's county of residence has no
county
or multicounty department of probation, the judge may place
the
offender on
probation in
charge of the adult parole authority
created by section 5149.02
of the Revised Code.
(B)(1) A county department of probation, a
multicounty
department of probation, or the adult parole
authority, as
appropriate under division
(A) of this section, that has
general
control and supervision of offenders who are required to
submit to
random drug testing under division
(C)(1)(c)
(A)(1)(a) of section
2951.02
2929.25 of
the Revised
Code or who are subject to a
nonresidential sanction that includes random drug testing under
section 2929.17
or 2929.27 of the Revised
Code, may cause each
offender
to submit to random drug testing performed by
a
laboratory or entity that has entered into a contract with any of
the
governmental entities or officers authorized to enter into a
contract with that laboratory or entity under section 341.26,
753.33, or 5120.63 of the
Revised
Code.
(2) If no laboratory or entity described in division
(B)(A)(1) of this section
has entered into a contract as specified
in
those divisions
that division,
the county department of
probation, the multicounty department of
probation, or the adult
parole authority, as appropriate, that
has general control and
supervision of offenders
described in
division (B)(1) of this
section
shall cause the offender to submit to random drug testing
performed by a reputable public laboratory
to determine whether
the
individual who is the subject of the drug test ingested or was
injected with a drug of abuse.
(3) A laboratory or entity that has entered into a contract
pursuant to
as specified in division (A)(1) of this section
341.26, 753.33, or 5120.63 of the Revised
Code shall perform the
random drug testing
under division
(B)(1) of this section in
accordance with the applicable standards that are included in the
terms of
that contract. A public laboratory shall perform the
random drug tests
under
division (B)(3) of this section in
accordance with the standards set
forth in the policies and
procedures established by the department of
rehabilitation and
correction pursuant to section 5120.63 of the
Revised Code. An
offender
who is required to submit to
random drug
testing under
division (C)(1)(c)
of section 2951.02 of the
Revised
Code or who
is subject to a
nonresidential sanction that includes random drug
testing under
section 2929.17
or 2929.27 of the Revised
Code shall
pay the fee for the
drug test if the test results indicate that
the offender ingested or was
injected with a drug of abuse and if
the county department of probation, the
multicounty department of
probation, or the adult parole authority that has
general control
and supervision of the offender requires payment of a fee. A
laboratory or entity that performs the random drug testing on an
offender
under division (B)(1)
or (2) of this section shall
transmit the results of the drug test
to the appropriate county
probation department, multicounty
probation department, or adult
parole authority that has general
control and supervision of the
offender.
(C)(B) As used in this section:
(1) "Multicounty department of probation"
means a
probation
department established under section 2301.27 of the Revised Code
to
serve more than one county.
(2) "Random drug testing" has the same meaning as
in section
5120.63 of the
Revised
Code.
Sec. 2951.06. Upon entry in the records of the judge or
magistrate, of
the
order for probation
sentence of a community
control sanction
provided for in section
2951.02
2929.15
or
2929.25 of the Revised Code, the
defendant shall be released from
custody as soon as the requirements and
conditions required by the
judge supervising the
probation,
community control sanction have
been met.
The defendant shall continue under the control and
supervision of the
adult
parole authority created by section
5149.02 of the Revised Code or the county
department of
appropriate probation
agency, to the extent
required by law, the
conditions of the
order of probation
community control sanction,
and the rules and
regulations governing
said agency of
the
probation
agency.
Sec. 2951.07.
Probation under section 2951.02 of the Revised
Code
A
community control sanction continues
for the period that
the judge or magistrate determines and, subject to
division
(F)(1)(a) of that
the five-year limit specified in
section
2929.15
or
2929.25
of the Revised Code,
may be extended.
Except as
provided in division (F)(1)(a) of that section,
the total period
of an offender's probation shall not exceed five years.
If
the
probationer
offender under community control
absconds or
otherwise
absents himself or herself from
leaves the
jurisdiction
of the
court
without
permission from the
county department of probation
officer, the
probation agency, or the court to do so, or
if the
probationer
offender is confined in any institution for
the
commission
of any offense
whatever, the
probation period
of
community
control ceases to run until
such
the time
as
that
the
probationer
offender is brought before the court for its
further
action.
Sec. 2951.08. (A) During a period of
probation or community
control,
any field officer or probation officer may arrest the
person
on probation
or under a community control sanction without
a warrant and bring
the person before the judge or magistrate
before whom the
cause was pending. During a period of
probation
or community control,
any peace officer may arrest the person
on
probation or under a community
control sanction without a warrant
upon the written
order of the chief
county probation officer
of
the probation agency if the person
on probation or
under a
community control sanction is under the supervision of that
county
department of probation
agency or on the order
of an officer of
the adult parole authority created pursuant to section
5149.02 of
the Revised Code if the person
on probation or under a community
control sanction is under the
supervision of the authority.
During
a period of
probation or community
control, any peace
officer may
arrest the person
on probation or under
a community
control
sanction on the warrant of the judge or magistrate
before
whom the
cause was pending.
During a period of
probation or community control, any peace
officer
may arrest the person
on probation or under a community
control
sanction without a
warrant if the peace officer has
reasonable ground to believe
that the
person has violated or is
violating any of the
following that is a condition of the person's
probation
or of the person's community control sanction:
(1) A condition that prohibits ownership, possession,
or use
of a firearm, deadly weapon, ammunition, or dangerous
ordnance;
(2) A condition that prohibits the person from being within
a
specified structure or geographic area;
(3) A condition that confines the person to a residence,
facility, or other structure;
(4) A condition that prohibits the person from contacting
or
communicating with any specified individual;
(5) A condition that prohibits the person from associating
with a
specified individual;
(6) A condition as provided in division
(C)(1)(c)(A)(1)(a)
of section
2951.02
2929.25 of
the Revised
Code or in division
(A)(1) of section 2929.15
or (A)(8) of section 2929.27 of
the
Revised
Code that requires that the person
not ingest or be
injected with a drug of abuse and submit to
random drug testing
and requires that the results of the drug test
indicate that the
person did not ingest or was not
injected with a drug of abuse.
(B) Upon making an arrest under this section, the
arresting
field officer, probation officer, or peace officer or
the
department or agency of the arresting officer
promptly shall
notify the chief
probation officer or the chief probation
officer's designee that
the person has been arrested. Upon being
notified that a peace
officer has made an arrest under this
section, the chief
probation officer or designee, or another
probation officer
designated by the chief probation officer,
promptly shall bring
the person who was arrested before the judge
or magistrate before
whom the cause was pending.
(C) Nothing in this section limits the powers of arrest
granted to certain law
enforcement
officers and citizens under
sections 2935.03 and 2935.04 of the
Revised Code.
(D)
A probation officer shall receive the actual and
necessary expenses incurred in the performance of the officer's
duties.
(E) As used in this section:
(1) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(2) "Firearm," "deadly weapon," and "dangerous ordnance"
have the same meanings as in section 2923.11 of the Revised Code.
(3) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(4) "Random, "random drug testing" has the same meaning as
in section 5120.63 of the
Revised
Code.
Sec. 2951.10. An order suspending the imposition of
a
sentence
for
a misdemeanor under section 2929.25 of the Revised
Code and placing the
defendant
on probation
under a community
control sanction is a
final order from which appeal may be
prosecuted.
Sec. 2953.31. As used in sections 2953.31 to 2953.36 of
the
Revised Code:
(A) "First offender" means anyone who has been convicted
of
an offense in this state or any other jurisdiction and who
previously or subsequently has not been convicted of the same or
a
different offense in this state or any other jurisdiction. When
two or more
convictions result from or are connected with
the same
act or result from offenses committed at the same time,
they shall
be counted as one conviction. When two or three convictions
result from the same indictment, information, or complaint, from
the
same plea of guilty, or from the same official proceeding, and
result
from related criminal acts that were committed within a
three-month period but
do not result from the same act or from
offenses
committed at the same time, they shall be counted as one
conviction, provided
that a court may decide as provided in
division
(C)(1)(a) of section 2953.32 of the Revised Code that it
is not in the
public interest for the two or three convictions to
be counted as one
conviction.
For purposes of, and except as otherwise provided in, this
division, a conviction for a minor misdemeanor,
for
a
violation
of any section in Chapter
4507.,
4510., 4511.,
4513., or
4549. of
the Revised Code, or
for a violation of a
municipal
ordinance
that is substantially similar to any section
in those
chapters is
not a previous or subsequent conviction.
However,
a
conviction
for a violation of section 4511.19, 4511.251,
4549.02, 4549.021,
4549.03, 4549.042, or
4549.62 or
sections 4549.41 to 4549.46 of
the Revised
Code,
for a violation of section 4510.11 or
4510.14
of the
Revised
Code that is based upon the offender's
operation of
a
vehicle during
a suspension imposed under section
4511.191 or
4511.196 of the
Revised Code, for a violation of a
substantially
equivalent municipal ordinance,
for a felony violation of
Title
XLV of the
Revised Code,
or for a violation of a substantially
equivalent
former law of this state or
former municipal ordinance
shall be
considered a previous
or subsequent conviction.
(B) "Prosecutor" means the county prosecuting attorney,
city
director of law, village solicitor, or similar chief legal
officer, who has the authority to prosecute a criminal case in
the
court in which the case is filed.
(C) "Bail forfeiture" means the forfeiture of bail by a
defendant who is arrested for the commission of a misdemeanor,
other than a defendant in a traffic case as defined in Traffic
Rule 2, if the forfeiture is pursuant to an agreement with the
court and prosecutor in the case.
(D) "Official records" has the same meaning as in division
(D) of section 2953.51 of the Revised Code.
(E) "Official proceeding" has the same meaning as in section
2921.01 of the Revised Code.
(F) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(G) "Post-release control" and "post-release control
sanction" have the same meanings as in section 2967.01 of the
Revised Code.
Sec. 2953.32. (A)(1) Except as provided in section
2953.61
of the Revised Code, a first offender may apply to the
sentencing
court if convicted in this state, or to a court of
common pleas if
convicted in another state or in a federal court,
for the sealing
of the conviction record. Application
may be made at the
expiration of three years after the offender's final discharge if
convicted of a felony, or at the expiration of one year after the
offender's
final discharge if convicted of a misdemeanor.
(2) Any person who has been arrested for any misdemeanor
offense and who has effected a bail forfeiture may apply to the
court in which the misdemeanor criminal case was pending when
bail
was forfeited for the sealing of the record of the
case. Except
as provided in section 2953.61 of the Revised Code, the
application may be filed at any time after the expiration of one
year from the date on which the bail forfeiture was entered upon
the minutes of the court or the journal, whichever entry occurs
first.
(B) Upon the filing of an application under this section,
the court shall set a date for a hearing and shall notify the
prosecutor for the case of the hearing on the application. The
prosecutor may object to the granting of the application by
filing
an objection with the court prior to the date set for the
hearing.
The prosecutor shall specify in the objection the
reasons for
believing a denial of the application is
justified.
The court
shall direct its regular probation officer, a state
probation
officer, or the department of probation of the county
in which the
applicant resides to make inquiries and written
reports as the
court requires concerning the applicant.
(C)(1) The court shall do each of the following:
(a) Determine whether the applicant is a first offender or
whether the forfeiture of bail was agreed to by the applicant and
the prosecutor in the case. If the applicant applies as a
first
offender pursuant to division (A)(1) of this section and has
two
or three convictions that result from the same indictment,
information, or
complaint, from the same plea of guilty, or from
the same official proceeding,
and result from related criminal
acts that were committed within a three-month
period but do not
result from the same act or from offenses committed at the
same
time, in making its determination under this division, the court
initially shall determine whether it is not in the public interest
for the two
or three convictions to be counted as one conviction.
If the court determines
that it is not in the public interest for
the two or three convictions to be
counted as one conviction, the
court shall determine that the applicant is not
a first offender;
if the court does not make that determination, the court
shall
determine that the offender is a first offender.
(b) Determine whether criminal proceedings are pending
against the applicant;
(c) If the applicant is a first offender who applies
pursuant to division (A)(1) of this section, determine whether
the
applicant has been rehabilitated to the satisfaction of the
court;
(d) If the prosecutor has filed an objection in accordance
with division (B) of this section, consider the reasons against
granting the application specified by the prosecutor in the
objection;
(e) Weigh the interests of the applicant in having the
records pertaining to the applicant's conviction sealed against
the
legitimate needs, if any, of the government to maintain those
records.
(2) If the court determines, after complying with division
(C)(1) of this section, that the applicant is a first offender or
the subject of a bail forfeiture, that no criminal proceeding is
pending against the applicant, and that the interests of the
applicant in
having the records pertaining to the applicant's
conviction or bail
forfeiture sealed are not outweighed by any
legitimate
governmental needs to maintain those records, and that
the
rehabilitation of an applicant who is a first offender
applying
pursuant to division (A)(1) of this section has been
attained to
the satisfaction of the court, the court, except as
provided in
division (G) of this section, shall order all official
records
pertaining to the case sealed and, except as provided in
division
(F) of this section, all index references to the case
deleted
and, in the case of bail forfeitures, shall dismiss the
charges
in the case. The proceedings in the case shall be
considered not
to have occurred and the conviction or bail
forfeiture of the
person who is the subject of the proceedings
shall be sealed,
except that upon conviction of a subsequent
offense, the sealed
record of prior conviction or bail forfeiture
may be considered
by the court in determining the sentence or
other appropriate
disposition, including the relief provided for
in sections
2953.31 to 2953.33 of the Revised Code.
(3) Upon the filing of an application under this section,
the applicant, unless indigent, shall pay a fee of
fifty
dollars.
The court shall pay thirty dollars of the fee into the
state
treasury. It shall pay twenty dollars of the fee into the
county
general revenue fund if the sealed conviction or bail
forfeiture
was pursuant to a state statute, or into the general
revenue fund
of the municipal corporation involved if the sealed
conviction or
bail forfeiture was pursuant to a municipal
ordinance.
(D) Inspection of the sealed records included in the order
may be made only by the following persons or for the following
purposes:
(1) By a law enforcement officer or prosecutor, or
the
assistants of either,
to determine whether the nature and
character of
the offense with which a person is to be charged
would be
affected by virtue of the person's previously having been
convicted of a crime;
(2) By the parole or probation officer of the person who
is
the subject of the records, for the exclusive use of the
officer
in supervising the person while on parole or
probation
under a
community control sanction or a post-release control sanction, and
in making inquiries and written reports as
requested by the court
or adult parole authority;
(3) Upon application by the person who is the subject of
the
records, by the persons named in the application;
(4) By a law enforcement officer who was involved in the
case, for use in the officer's defense of a civil action arising
out of the officer's involvement in that case;
(5) By a prosecuting attorney or the prosecuting attorney's
assistants,
to determine a defendant's eligibility to enter a
pre-trial
diversion program established pursuant to section
2935.36 of the
Revised Code;
(6) By any law enforcement agency or any authorized
employee
of a law enforcement agency or by the department of
rehabilitation
and correction as part of a background
investigation of a person
who applies for employment with the
agency as a law enforcement
officer or with the department as a
corrections officer;
(7) By any law enforcement agency or any authorized
employee
of a law enforcement agency, for the purposes set forth
in, and in
the manner provided in, section 2953.321 of the
Revised Code;
(8) By the bureau of criminal identification and
investigation or any authorized employee of the bureau for the
purpose of providing information to a board or person pursuant to
division (F) or (G) of section 109.57 of the Revised Code;
(9) By the bureau of criminal identification and
investigation or any
authorized employee of the bureau for the
purpose of performing a criminal
history
records check on a person
to whom a
certificate as prescribed in section 109.77 of the
Revised Code is to be awarded.
When the nature and character of the offense with which a
person is to be charged would be affected by the information, it
may be used for the purpose of charging the person with an
offense.
(E) In any criminal proceeding, proof of any otherwise
admissible prior conviction may be introduced and proved,
notwithstanding the fact that for any such prior conviction an
order of sealing previously was issued pursuant to sections
2953.31 to 2953.36 of the Revised Code.
(F) The person or governmental agency, office, or
department
that maintains sealed records pertaining to
convictions or bail
forfeitures that have been sealed pursuant to
this section may
maintain a manual or computerized index to the
sealed records.
The
index shall contain only the name of, and
alphanumeric
identifiers
that relate to, the persons who are the
subject of the
sealed
records, the word "sealed," and the name of
the person,
agency,
office, or department that has custody of the
sealed
records, and
shall not contain the name of the crime
committed.
The index shall
be made available by the person who
has custody of
the sealed
records only for the purposes set forth
in divisions
(C), (D), and
(E) of this section.
(G) Notwithstanding any provision of this section or
section
2953.33 of the Revised Code that requires otherwise, a
board of
education of a city, local, exempted village, or joint
vocational
school district that maintains records of an
individual who has
been permanently excluded under sections
3301.121 and 3313.662 of
the Revised Code is permitted to
maintain records regarding a
conviction that was used as the
basis for the individual's
permanent exclusion, regardless of a
court order to seal the
record. An order issued under this
section to seal the record of
a conviction does not revoke the
adjudication order of the
superintendent of public instruction to
permanently exclude the
individual who is the subject of the
sealing order. An order
issued under this section to seal the
record of a conviction of an
individual may be presented to a
district superintendent as
evidence to support the contention
that the superintendent should
recommend that the permanent
exclusion of the individual who is
the subject of the sealing
order be revoked. Except as otherwise
authorized by this
division and sections 3301.121 and 3313.662 of
the Revised Code,
any school employee in possession of or having
access to the
sealed conviction records of an individual that were
the basis of
a permanent exclusion of the individual is subject to
section
2953.35 of the Revised Code.
Sec. 2953.33. (A) Except as provided in division (G) of
section 2953.32 of
the Revised Code, an order to seal the record
of a person's conviction
restores the person who is the subject of
the order to all rights and
privileges not otherwise restored by
termination of
the sentence or
probation
community control
sanction or
by final release on parole
or post-release control.
(B) In any application for employment, license, or other
right or privilege,
any appearance as a witness, or any other
inquiry, except as provided in
division (E) of section 2953.32 of
the Revised Code, a person may be
questioned only with respect to
convictions not sealed, bail forfeitures not
expunged under
section 2953.42 of the Revised Code as it existed prior to June
29, 1988, and bail forfeitures not sealed, unless the question
bears a direct
and substantial relationship to the position for
which the person is being
considered.
Sec. 2961.01.
(A) A person convicted of a felony under the
laws of
this or any
other state or the United States, unless the
conviction is
reversed or
annulled, is incompetent to be an
elector or juror or to hold an
office of
honor, trust, or profit.
When any person convicted of a felony
under any law of that type
is granted
probation, parole, judicial
release,
or a conditional
pardon or is released under a
non-jail community control sanction
or a
post-release control
sanction, the person is competent to be an
elector during the period of
probation
community control, parole,
post-release
control, or release or until the
conditions of the
pardon
have been performed
or have transpired and is competent to
be an elector thereafter
following final discharge. The
full
pardon of a convict restores the rights and privileges so
forfeited under this
section, but a pardon shall not release a
convict from the costs of
the convict's
conviction in this state,
unless so specified.
(B)
As used in this section:
(1)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2)
"Non-jail community control sanction" means a community control sanction that is neither a term in a community-based correctional facility nor a term in a jail.
(3)
"Post-release control" and
"post-release control
sanction"
have the same meanings as in section 2967.01 of the
Revised
Code.
Sec. 2963.01. As used in sections 2963.01 to 2963.27,
inclusive, of
the
Revised Code:
(A)
"Governor" includes any person performing the functions
of governor by
authority of the law of this state.
(B)
"Executive authority" includes the governor, and any
person performing
the functions of governor in a state other than
this state.
(C)
"State," referring to a state other than this state,
includes any state
or territory, organized or unorganized, of the
United States.
(D)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(E)
"Post-release control" and
"post-release control
sanction"
have the same meanings as in section 2967.01 of the
Revised
Code.
Sec. 2963.11. When, on the oath of a credible person before
any judge or
magistrate of this state, any person within this
state is charged with the
commission of any crime in any other
state and with having fled from justice,
or with having been
convicted of a crime in that state and having escaped from
confinement, or having broken the terms of the person's
bail,
probation, or parole or violated the conditions of a community
control sanction
imposed under section 2929.16, 2929.17, or
2929.18 of the
Revised Code or
of
post-release control
under
section 2967.28 of the Revised Code
sanction, or
whenever
complaint has been made before any judge or magistrate in this
state
setting forth on the affidavit of any credible person in
another state that a
crime has been committed in the other state
and that the
accused has been charged in that state with the
commission of the crime,
and, has fled from justice, or with
having been convicted of a crime in
that
state and having
escaped
from confinement, or having broken the terms of bail,
probation,
or parole, and is believed to be in this state, the judge or
magistrate shall
issue a warrant directed to any peace officer,
commanding the
peace officer to apprehend the
person named in the
warrant, wherever the
person may be found in this state, and to
bring the
person before the same or any other judge, magistrate,
or court
which
that may be
available in or convenient of access to
the place where the arrest may be
made, to answer the charge or
complaint and affidavit, and a certified copy of
the sworn charge
or complaint and upon which the warrant
is issued shall be
attached to the warrant.
This section does not apply to cases arising under section
2963.06 of the
Revised Code.
Sec. 2963.20. Whenever the governor demands a person charged
with crime,
or
with escaping from confinement, or
with breaking
the terms of
his
the
person's bail, probation,
or parole in this
state
or violating the conditions of a community control
sanction
or post-release control sanction imposed in this state, from the
executive authority of any other state, or
from the chief justice
or an associate justice of the supreme court of the
District of
Columbia authorized to receive
such
that demand
under the laws of
the
United States,
he
the governor shall issue a warrant under the
seal of this state, to
some
an
agent, commanding
him
the agent to
receive the person so charged
and convey
such
that person
to the
proper officer of the county in which the offense was committed.
Sec. 2963.21. When the return to this state of a person
charged with crime in this state is required, the prosecuting
attorney shall present to the governor a written application
for a
requisition for the return of the person charged. The
application
shall state the name of the person
charged,
the crime charged
against the person, the approximate time,
place, and
circumstances
of its commission, the state in which the person
charged is
believed to be located, and the
location of the person in that
state
at
the time the application is made. The prosecuting
attorney shall
certify that in the prosecuting attorney's opinion
the ends
of justice require the
arrest and return of the person
charged to this state
for trial and that
the proceeding is not
instituted to enforce a private claim.
When the return to this state is required of a person who
has
been convicted of a crime in this state and has escaped from
confinement or broken the terms of the person's bail,
probation,
parole, community control sanction, or post-release control
sanction, the prosecuting attorney of the county in which the
offense was committed, the adult parole
authority, or the
warden
of the institution or sheriff of the county from which
escape was
made shall present to the governor a written
application for a
requisition for the return of the
person. The application shall
state
the person's name, the
crime of which the person was
convicted, the circumstances of
the person's escape
from
confinement or of the breach of the terms of the
person's bail,
probation, parole, community control sanction, or post-release
control sanction, the state in which the person is
believed to be
located,
and the location of the person in
that state at the time
the application is made.
An application presented under this section shall be
verified
by affidavit, executed
in duplicate, and accompanied by two
certified copies of the
indictment returned, of the information
and affidavit filed,
of
the complaint made to the judge or
magistrate, stating the
offense with which the accused is charged,
of the judgment of
conviction, or of the sentence. The
prosecuting
attorney,
adult parole authority, warden, or sheriff
also may attach any other
affidavits or documents in duplicate
that the prosecuting attorney, adult parole
authority, warden, or
sheriff finds proper to
be submitted with the application. One
copy of the
application,
with the action of the governor indicated
by indorsement on
the application,
and one of the certified copies
of the indictment, complaint,
information, and affidavits, of the
judgment of conviction,
or
of the sentence shall be filed in the
office of the secretary of
state to remain of record in that
office. The other copies of
all papers shall be forwarded with
the governor's requisition.
Sec. 2967.02. (A)
Sections
The adult parole authority
created by
section 5149.02 of the Revised Code shall administer
sections 2967.01 to 2967.28 of the
Revised Code,
and other
sections of the Revised Code governing pardon,
probation
community
control sanctions,
post-release control, and
parole, shall be
administered by the adult parole authority created by
section
5149.02 of the Revised Code.
(B) The governor may grant a pardon after conviction, may
grant an
absolute and entire pardon or a partial pardon, and may
grant a pardon upon
conditions precedent or subsequent.
(C) The adult parole authority shall supervise all parolees.
The
department of rehabilitation and correction has legal custody
of a parolee
until the authority grants the parolee a final
release pursuant to section
2967.16 of the Revised Code.
(D) The department of rehabilitation and correction has
legal
custody of a releasee until the adult parole authority
grants the releasee a
final release pursuant to section 2967.16 of
the Revised
Code.
Sec. 2967.22. Whenever it is brought to the attention of
the
adult parole authority or a
county department of probation that
a
parolee,
probationer
person under a community control
sanction,
person under transitional
control, or releasee appears to be
a
mentally
ill person subject to hospitalization by court order, as
defined
in section 5122.01 of the Revised Code, or a mentally
retarded
person subject to institutionalization by court order, as
defined
in section 5123.01 of the Revised Code, the parole or
probation
officer, subject to the approval of the chief of the
adult
parole authority, the designee of the chief of
the adult
parole authority, or the chief probation officer, may file
an
affidavit under section 5122.11 or 5123.71 of the Revised
Code. A
parolee,
probationer
person under a community control
sanction, or
releasee who is
involuntarily detained
under Chapter 5122. or
5123. of the Revised Code shall receive
credit against the period
of parole or
probation
community
control or the term of
post-release control for the period of involuntary detention.
If a parolee,
probationer
person under a community control
sanction, person under transitional
control, or releasee escapes
from an
institution or facility within the department of mental
health or
the department of mental retardation and developmental
disabilities, the superintendent of the institution
immediately
shall notify the chief of the adult parole authority or the
chief
probation officer. Notwithstanding the provisions of
section
5122.26 of the Revised Code, the procedure for the
apprehension,
detention, and return of the parolee,
probationer
person under a
community control sanction,
person under transitional control, or
releasee is
the same as that provided for the
apprehension,
detention, and return of persons who escape from institutions
operated by the department of rehabilitation and correction. If
the escaped parolee, person under transitional
control, or
releasee is not apprehended and
returned
to the custody of the
department of mental health or the department of
mental
retardation and developmental disabilities within ninety
days
after the escape, the parolee, person under
transitional control,
or releasee shall be
discharged from the custody of
the department
of mental health or the department of mental
retardation and
developmental disabilities and returned to the
custody of the
department of rehabilitation and correction. If the escaped
probationer
person under a community control sanction is not
apprehended and returned to the custody of the
department of
mental health or the department of mental
retardation and
developmental disabilities within ninety days
after the escape,
the
probationer
person under a community control
sanction shall be
discharged
from the custody of the
department of mental health or
the department of mental
retardation and developmental
disabilities and returned to the
custody of the court that
sentenced
the probationer
that person.
Sec. 2967.26. (A)(1) The department of rehabilitation and
correction, by
rule, may establish a transitional control program
for the purpose of
closely monitoring a prisoner's adjustment to
community
supervision during the final one hundred eighty days of
the
prisoner's confinement. If the department establishes a
transitional control program under this division, the adult
parole
authority may transfer eligible prisoners to transitional
control
status under the program during the final one hundred
eighty days
of their confinement and under the terms and conditions
established by the department, shall provide for the confinement
as provided in this division of each eligible prisoner so
transferred, and shall supervise each eligible prisoner so
transferred in one or more community control sanctions. Each
eligible prisoner who is transferred to transitional control
status under the program shall be confined in a suitable
facility
that is licensed pursuant to division
(C) of section 2967.14 of
the
Revised Code, or shall be confined in a
residence the
department has approved for this purpose and be
monitored pursuant
to an electronic monitoring device, as
defined in section
2929.23
2929.01
of the
Revised Code. If the department
establishes a
transitional
control program under this division,
the rules
establishing the
program shall include criteria that
define which
prisoners are
eligible for the program, criteria
that must be
satisfied to be
approved as a residence that may be
used for
confinement under the
program of a prisoner that is
transferred to
it and procedures for
the department to approve
residences that
satisfy those criteria,
and provisions of the
type described in
division (C)
of this
section. At a minimum, the criteria that
define which
prisoners
are eligible for the program shall provide
all of the
following:
(a) That a prisoner is eligible for
the program if the
prisoner is serving a prison term or term of
imprisonment for an
offense committed prior to
the effective
date of this amendment
March 17, 1998, and if, at
the time at which eligibility
is being
determined, the prisoner would have been eligible for a
furlough
under this section as it existed immediately prior to
the
effective date of this amendment
March 17,
1998, or would have
been eligible
for conditional release under former section 2967.23
of the
Revised Code as that section existed
immediately prior to
the effective date of this amendment
March 17, 1998;
(b) That no prisoner who is serving a
mandatory prison term
is eligible for the program until after
expiration of the
mandatory term;
(c) That no prisoner who is serving a
prison term or term of
life imprisonment without parole imposed
pursuant to section
2971.03 of the
Revised Code is eligible for the
program.
(2) At least three weeks prior to
transferring to
transitional control under
this section a prisoner who is serving
a term of imprisonment or prison
term for an offense committed on
or after July 1, 1996,
the adult parole authority shall give
notice of the pendency of
the transfer to transitional control to
the court of common pleas of the county in which the indictment
against the
prisoner was found and of the fact that the court may
disapprove the
transfer of
the prisoner to transitional control
and shall include a report prepared by
the head of the state
correctional institution in which the prisoner is
confined. The
head of the state correctional institution in which the
prisoner
is confined, upon the request of the adult parole authority, shall
provide to the authority for inclusion in the notice sent to the
court under
this division a report on the prisoner's conduct in
the institution and in any
institution from which the prisoner may
have been transferred. The report
shall cover the prisoner's
participation in school, vocational training, work,
treatment, and
other rehabilitative activities and any disciplinary action
taken
against the prisoner. If the
court disapproves of the transfer of
the prisoner to transitional
control, the court shall notify
the
authority of the disapproval within
thirty
days after receipt of
the notice. If the court timely disapproves the
transfer
of the
prisoner to transitional control, the
authority shall not proceed
with the transfer.
If the court does not timely disapprove the
transfer of
the prisoner to transitional control, the
authority
may transfer the
prisoner to transitional control.
(3) If the victim of an offense for which a prisoner was
sentenced to a prison term or term of imprisonment has requested
notification under section 2930.16 of the Revised Code and has
provided the
department of rehabilitation and correction with the
victim's name and
address, the adult parole authority, at least
three weeks prior to
transferring the prisoner to
transitional
control pursuant to this section, shall notify
the victim of the
pendency of the transfer and of the
victim's right to submit
a
statement to the authority regarding the impact of the
transfer of
the
prisoner to transitional control. If the victim
subsequently
submits a statement of that nature to the authority, the
authority
shall consider the statement in deciding whether to
transfer the
prisoner to transitional control.
(B) Each prisoner
transferred to transitional control under
this section shall be
confined in the manner described in division
(A) of this
section during any period of time that the prisoner is
not actually working at the prisoner's approved employment,
engaged
in a vocational training or another educational program,
engaged in another
program
designated by the director, or engaged
in other activities approved by the
department.
(C) The department of rehabilitation and correction shall
adopt rules for
transferring eligible prisoners to transitional
control, supervising and confining prisoners so transferred,
administering the
transitional control program in accordance with
this
section, and using the moneys deposited into the transitional
control fund established under division (E) of this section.
(D) The department of rehabilitation and correction may
adopt
rules for the issuance of passes for the limited purposes
described in this division to prisoners who are transferred to
transitional control under this section. If the department
adopts
rules of that nature, the rules shall govern the granting
of the
passes and shall provide for the supervision of prisoners
who are
temporarily released pursuant to one of those passes. Upon the
adoption of
rules under this division, the department may issue
passes to
prisoners who are transferred to transitional control
status
under this section in accordance with the rules and the
provisions of this division. All passes issued under this
division shall be for a maximum of forty-eight hours and may be
issued only for the following purposes:
(1) To visit a dying relative;
(2) To attend the funeral of a relative;
(3) To visit with family;
(4) To otherwise aid in the rehabilitation of the
prisoner.
(E) The adult parole authority may require a
prisoner
who is
transferred to transitional control to pay to
the division of
parole and community services
the reasonable expenses incurred by
the division in supervising or confining the prisoner while under
transitional control. Inability to pay those
reasonable expenses
shall not be
grounds
for refusing to transfer an otherwise
eligible
prisoner to transitional control. Amounts received by
the division of
parole and community services
under this division
shall be deposited into the transitional
control fund, which is
hereby created in the state treasury and which hereby replaces and
succeeds
the furlough services fund that formerly existed in the
state treasury. All
moneys that remain in the furlough services
fund on
the effective date of
this amendment
March 17, 1998, shall
be
transferred on that date to the transitional control fund. The
transitional
control fund shall be used
solely to pay costs
related to the operation of the transitional control
program
established under this section. The director of
rehabilitation
and correction shall adopt rules in accordance
with section 111.15
of the Revised Code for the use of the fund.
(F) A prisoner who violates any rule established by the
department of rehabilitation and correction under
division (A),
(C), or (D) of this section may
be transferred to
a state
correctional institution pursuant to rules adopted under
division
(A), (C), or (D) of this section, but the
prisoner shall receive
credit
towards completing the prisoner's sentence for the time
spent
under transitional control.
If a prisoner is transferred to transitional control under
this section, upon successful completion of the period of
transitional control, the prisoner may be
released on parole or
under post-release control pursuant to section 2967.13
or 2967.28
of the Revised Code and rules
adopted by the department of
rehabilitation and
correction. If the prisoner is released under
post-release control, the
duration of
the post-release control,
the type of post-release control
sanctions that may be imposed,
the enforcement of the sanctions,
and the treatment of prisoners
who violate any sanction
applicable to the prisoner are governed
by section 2967.28 of
the Revised Code.
Sec. 2969.11. As used in sections 2969.11 to 2969.14 of the
Revised Code:
(A)
"Crime victims recovery fund" means the fund created by
division (D) of section
2929.25
2929.32 of the Revised Code.
(B)
"Victim" means a person who suffers personal injury,
death, or
property loss as a result of any of the following, or
the beneficiaries of an
action for the wrongful death of any
person killed as a result of any of the
following:
(1) An offense committed by an offender in whose name a
separate account is
maintained in the crime victims recovery fund
pursuant to section 2969.12 of
the Revised Code;
(2) The good faith effort of a person to prevent an offense
committed by an
offender in whose name a separate account is
maintained in the
crime victims
recovery fund pursuant to section
2969.12 of the Revised Code;
(3) The good faith effort of a person to apprehend a person
suspected of engaging in an offense committed by an
offender in
whose name a separate account is maintained in the
crime victims
recovery fund pursuant to section 2969.12 of the Revised Code.
Sec. 2969.12. (A) The clerk of the court of claims
shall
administer the crime victims recovery fund and shall
maintain in
the fund in the name of each offender a separate account
for money
received, or money received from the sale or other
disposition of
property, pursuant to section
2929.25
2929.32
of the Revised Code
in
connection with that offender. The clerk shall distribute the
money in
that separate account in accordance with division (C) of
this section.
(B) Notwithstanding a contrary provision of any
section of
the Revised Code that deals with the limitation of actions, a
victim
of an offense committed by an offender in whose name a
separate
account is maintained in the crime victims recovery fund
may
bring a civil action against the offender or the
representatives of the
offender
at any time within three years
after the establishment of the
separate account.
In order to recover from a separate account maintained in the
fund in the name of an offender, a victim
of that offender shall
do all of the following:
(1) Within the three-year period or, if the action was
initiated before the separate account was established, within
ninety days after the separate account is established, notify the
clerk of the court of claims that a civil action has been brought
against the offender or the representatives of the offender;
(2) Notify the clerk of the court of claims of the entry of
any judgment in the civil action;
(3) Within ninety days after the judgment in the civil
action
is final or, if the judgment was obtained before the
separate
account was established, within ninety days after the
separate
account is established, request the clerk of the court of
claims
to pay from the separate account the judgment that the
victim is awarded
in the civil action.
If a civil action is brought against an offender or the
representatives of the offender after the expiration of the
statute of
limitations that would apply to the civil action but
for this
division, the court shall state in a judgment in favor of
the victim that the
judgment
may be enforced only against the
separate account maintained in
the name of that offender in the
crime victims recovery fund.
(C)(1) The clerk of the court of claims shall not
make a
payment from the separate account maintained in the name
of an
offender in the crime victims recovery fund to a victim of
the
offender until the expiration of the later of the following
periods:
(a) The expiration of three years after the
establishment of
the separate account, provided that no action of
which the clerk
was notified under division (B)(1) of
this section is pending;
(b) If three years has elapsed since the
establishment of
the separate account and if one or more actions
of which the clerk
was notified under division (B)(1) of
this section is pending at
the expiration of that three-year
period, the date of the final
disposition of the last of those
pending actions.
(2) Upon the expiration of the applicable period of time set
forth in division (C)(1) of this section, the clerk of
the court
of claims shall make payments from the separate account
maintained
in the name of the offender in the crime victims
recovery fund to
the victims of the offender who obtained a
judgment against the
offender or the representatives of the offender for
damages
resulting from the offense committed by the offender. The
payments shall be made as provided in this division.
When a separate account is maintained in the name of an
offender in the crime victims recovery fund, the clerk of the
court of claims shall determine on the second day of
January and
the first day of April,
July, and October of each year the amount
of
money in that separate account. After the expiration of the
applicable period
of time set forth in division (C)(1) of this
section, the clerk shall
pay from that separate
account any
judgment for which a victim of that offender has requested payment
pursuant to division
(B)(3) of this section and has requested
payment prior to the date of
the most recent quarterly
determination described in this division. If at a
time that
payments would be made from that separate account there are
insufficient funds in that separate account to pay all of the
applicable
judgments against the
offender or the representatives
of the offender, the clerk of the court of
claims shall pay the
judgments on a pro rata basis.
Sec. 2969.13. All moneys that are collected pursuant to
section
2929.25
2929.32 of the Revised Code and required to be
deposited in the crime
victims recovery fund shall be credited by
the treasurer of state
to the fund. Any interest earned on the
money in the fund shall
be credited to the fund.
Sec. 2969.14. (A) If a separate account has been
maintained
in the name of an offender in the crime victims
recovery fund and
if there is no further requirement to pay into
the fund money, or
the monetary value of property, pursuant to
section
2929.25
2929.32 of the Revised Code, unless otherwise
ordered by a court
of
record in which a judgment has been rendered against the
offender
or the representatives of the offender, the clerk of the
court of claims shall
pay the money remaining in the separate
account in accordance with division
(B) of this section,
if all of
the following apply:
(1) The applicable period of time that governs the making of
payments from the separate account, as set forth in division
(C)(1) of section 2969.12 of the Revised Code, has elapsed.
(2) None of the civil actions against the offender or the
representatives of the offender of which the clerk of the court of
claims has
been notified pursuant to division (B)(1) of section
2969.12 of the Revised Code is pending.
(3) All judgments for which payment was requested pursuant
to
division (B)(3) of section 2969.12 of the Revised Code have
been paid.
(B) If the clerk of the court of claims is required
by
division (A) of this section to pay the money
remaining in the
separate account established in the name of an
offender
in
accordance with this division, the clerk shall pay the money as
follows:
(1) If the offender was confined for a felony in a prison or
other
facility operated by the department of rehabilitation and
correction under a
sanction imposed pursuant to section 2929.14 or
2929.16 of the
Revised Code,
the clerk shall pay the money to the
treasurer of state, in accordance with
division (C)(1) of section
2929.18 of the
Revised Code,
to cover the costs of the
confinement. If any money remains in the separate
account after
the payment of the costs of the confinement pursuant to this
division, the clerk shall pay the remaining money in accordance
with divisions
(B)(2), (3), and (5) of this section.
(2) If the offender was confined for a felony in a facility
operated by
a county or a municipal corporation, after payment of
any costs required to be
paid under division (B)(1) of this
section,
the clerk shall pay the money to the treasurer of the
county or of the
municipal corporation that operated the facility,
in accordance with division
(C)(2) or (3) of section 2929.18 of
the
Revised Code,
to cover the costs of the confinement. If more
than one county or municipal
corporation operated a facility in
which the offender was confined, the clerk
shall equitably
apportion the money among each of those counties and municipal
corporations. If any money remains in the separate account after
the payment
of the costs of the confinement pursuant to this
division, the clerk shall pay
the remaining money in accordance
with divisions
(B)(3) and (5) of this section.
(3) If the offender was sentenced for a felony to any
community control
sanction other than a sanction described in
division
(B)(2) of this section, after payment of any
costs
required to be paid under division
(B)(1) or (2) of this section,
the clerk shall
pay the money to the treasurer of the county or of
the municipal corporation
that incurred costs pursuant to the
sanction, in accordance with division
(C)(2) or (3) of section
2929.18 of the
Revised Code,
to cover the costs so incurred. If
more than one county or municipal
corporation incurred costs
pursuant to the sanction, the clerk shall equitably
apportion the
money among each of those counties and municipal corporations.
If
any money remains in the separate account after the payment of the
costs of
the sanction pursuant to this division, the clerk shall
pay the remaining
money
in accordance with division (B)(5) of this
section.
(4) If the offender was imprisoned or incarcerated for a
misdemeanor, to
the treasurer of the political subdivision that
operates the facility in which
the offender was imprisoned or
incarcerated, to cover the costs of the
imprisonment or
incarceration. If more than one political subdivision
operated
a
facility in which the offender was confined, the clerk shall
equitably
apportion the money among each of those political
subdivisions. If any money
remains in the separate account after
the payment of the costs of the
imprisonment or incarceration
under this division, the clerk shall pay the
remaining money in
accordance with division
(B)(5) of this section.
(5) If any money remains in the separate account after
payment of any
costs required to be paid under division
(B)(1),
(2), (3), or (4) of this section, or
if no provision of division
(B)(1), (2), (3),
or (4) of this section applies, the clerk
shall
distribute the
amount of the money remaining in the separate
account as
otherwise provided by law for the distribution of money
paid in
satisfaction of a fine, as if that amount was a fine paid
by the
offender.
Sec. 3313.65. (A) As used in this section and section
3313.64 of the Revised Code:
(1) A person is
"in a residential facility" if the person is
a
resident or a resident patient of an institution, home, or other
residential facility that is:
(a) Licensed as a nursing home, residential care facility,
or
home for the
aging by the director of health under section
3721.02 of the
Revised Code or licensed as a community alternative
home by the
director of health under section 3724.03 of the
Revised Code;
(b) Licensed as an adult care facility by the director of
health under Chapter 3722. of the Revised Code;
(c) Maintained as a county home or district home by the
board of county commissioners or a joint board of county
commissioners under Chapter 5155. of the Revised Code;
(d) Operated or administered by a board of alcohol, drug
addiction, and mental health services under section 340.03 or
340.06 of the Revised Code, or provides residential care pursuant
to contracts made under section 340.03 or 340.033 of the Revised
Code;
(e) Maintained as a state institution for the mentally ill
under Chapter 5119. of the Revised Code;
(f) Licensed by the department of mental health under
section 5119.20 or 5119.22 of the Revised Code;
(g) Licensed as a residential facility by the department
of
mental retardation and developmental disabilities under
section
5123.19 of the Revised Code;
(h) Operated by the veteran's administration or another
agency of the United States government;
(i) The Ohio soldiers' and sailors' home.
(2) A person is
"in a correctional facility" if any of the
following apply:
(a) The person is an Ohio resident and is:
(i) Imprisoned, as defined in section 1.05 of the Revised
Code;
(ii) Serving a term in a community-based correctional
facility or a
district community-based correctional facility;
(iii) Required, as a condition of parole,
probation
a
post-release control sanction, a community control
sanction,
transitional control,
or early release from
imprisonment, as a
condition of shock parole or shock probation
granted under the law
in effect prior to July 1, 1996, or as a
condition of a furlough
granted under
the version of section 2967.26 of the Revised Code
in
effect prior to
the effective date of this amendment
March
17,
1998, to reside in a
halfway house or other community
residential
center licensed under section 2967.14 of the Revised
Code or a
similar facility designated by the
common pleas court
of
common
pleas
that established the condition or by the adult parole
authority.
(b) The person is imprisoned in a state correctional
institution
of another state or a federal correctional institution
but was an
Ohio resident at the time the sentence was imposed for
the crime
for which the person is imprisoned.
(3) A person is
"in a juvenile residential placement" if
the
person is an Ohio resident who is under twenty-one years of age
and
has been removed, by the order of a juvenile court, from the
place the person resided at the time the person became subject to
the court's
jurisdiction in the matter that resulted in the
person's removal.
(4)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(5)
"Post-release control sanction" has the same meaning as
in section
2967.01 of the Revised Code.
(B) If the circumstances described in division (C) of this
section apply, the determination of what school district must
admit a child to its schools and what district, if any, is liable
for tuition shall be made in accordance with this section, rather
than section 3313.64 of the Revised Code.
(C) A child who does not reside in the school district in
which the child's parent resides and for whom a tuition obligation
previously has not been established under division (C)(2) of
section 3313.64 of the Revised Code shall be admitted to the
schools of the district in which the child resides if at least
one
of the child's parents is in a residential or correctional
facility or a juvenile residential placement and the other
parent,
if living and not in such a facility or placement, is not
known to
reside in this state.
(D) Regardless of who has custody or care of the child,
whether the child resides in a home, or whether the child receives
special
education, if a district admits a child under division (C)
of
this section, tuition shall be paid to that district as
follows:
(1) If the child's parent is in a juvenile residential
placement, by the district in which the child's parent resided at
the time the parent became subject to the jurisdiction of the
juvenile court;
(2) If the child's parent is in a correctional facility,
by
the district in which the child's parent resided at the time
the
sentence was imposed;
(3) If the child's parent is in a residential facility, by
the district in which the parent resided at the time the parent
was
admitted to the residential facility, except that if the
parent
was transferred from another residential facility, tuition
shall
be paid by the district in which the parent resided at the
time
the parent was admitted to the facility from which the parent
first was
transferred;
(4) In the event of a disagreement as to which school
district is liable for tuition under division (C)(1), (2), or (3)
of this section, the superintendent of public instruction shall
determine which district shall pay tuition.
(E) If a child covered by division (D) of this section
receives special education in accordance with Chapter 3323. of
the
Revised Code, the tuition shall be paid in accordance with
section
3323.13 or 3323.14 of the Revised Code. Tuition for
children who
do not receive special education shall be paid in
accordance with
division (I) of section 3313.64 of the Revised
Code.
Sec. 3321.38. (A) No parent, guardian, or other person
having care of a child of compulsory school age shall violate
any
provision of section 3321.01, 3321.03, 3321.04, 3321.07,
3321.10,
3321.19, 3321.20, or 3331.14 of the
Revised Code. The juvenile
court, which has exclusive
original jurisdiction over any
violation of this section pursuant to section
2151.23 of the
Revised Code, may require a person convicted of violating this
division to give bond in a sum of not more
than five hundred
dollars with
sureties to the approval of the court, conditioned
that the person will cause
the child under the person's charge to
attend upon instruction as
provided by law, and remain as a pupil
in the school or class
during the term prescribed by law.
If the
juvenile court adjudicates the child as an unruly or
delinquent
child for being an habitual or chronic truant pursuant to
section
2151.35 of the Revised Code, the court shall warn the
parent,
guardian, or other person having care of the child that any
subsequent
adjudication of that nature involving the child may
result in a criminal
charge against the parent, guardian, or other
person having care
of the child for a violation of division (C) of
section 2919.21 or
section 2919.24 of the Revised Code.
(B) This section does not relieve from prosecution and
conviction any parent, guardian, or other person upon further
violation of any provision in any of the sections specified in
division (A) of this section, any provision
of section 2919.222 or
2919.24 of the Revised
Code, or division (C) of section 2919.21 of
the Revised Code. A forfeiture of
the bond shall not relieve that
parent, guardian, or other person from
prosecution and conviction
upon further violation of any provision in any of
those sections
or that division.
(C) Section 4109.13 of the Revised Code applies to this
section.
(D) No parent, guardian, or other person having care of a
child of compulsary school age shall fail to give bond as required
by division (A) of this section in the sum of one hundred dollars
with sureties as required by the court.
Sec. 3345.04. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B) Subject to division (C) of this section, the
board of
trustees of a state university, the board of
trustees of the
medical college of Ohio at Toledo, the board of trustees of
the
northeastern Ohio universities college of medicine, the board of
trustees
of a state community college, and the board of
trustees
of a technical college or community college district operating a
technical or a community college may designate one or more
employees of the
institution, as a state university law
enforcement officer, in accordance with
section 109.77 of the
Revised Code, and, as state
university law enforcement officers,
those employees shall take an
oath of office, wear the badge of
office, serve as peace officers for the
college or university, and
give bond to the state for the proper and faithful
discharge of
their duties in the amount that the board
of trustees requires.
(C)(1) The board of trustees of an institution
listed in
division (B) of this section shall not
designate an employee of
the institution as a state university
law enforcement officer
pursuant to that division on a permanent
basis, on a temporary
basis, for a probationary term, or on other
than a permanent basis
if the employee previously has been
convicted of or has pleaded
guilty to a felony.
(2)(a) The board of trustees shall terminate
the employment
as a state university law enforcement officer of
an employee
designated as a state university law enforcement
officer under
division (B) of this section if that
employee does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.29
2929.43 of the Revised Code in which the
employee agrees to
surrender the certificate awarded to the
employee under section
109.77 of the Revised Code.
(b) The board of trustees shall suspend from
employment as a
state university law enforcement officer an
employee designated as
a state university law enforcement officer
under division (B) of
this section if that employee is
convicted, after trial, of a
felony. If the state
university law enforcement officer files an
appeal from that
conviction and the conviction is
upheld by the
highest court to which the appeal is taken or if
the state
university law enforcement officer does not file a
timely appeal,
the board of trustees shall terminate the
employment of that state
university law enforcement officer. If
the state university law
enforcement officer files an appeal that
results in that officer's
acquittal of the felony or
conviction of a misdemeanor, or
in the
dismissal of the felony charge against that officer, the
board of
trustees shall reinstate that state university law
enforcement
officer. A state university law enforcement officer
who is
reinstated under division (C)(2)(b)
of this section shall not
receive any back pay unless that officer's
conviction of the
felony was reversed on appeal, or
the felony charge was dismissed,
because the court
found insufficient evidence to convict the
officer of the
felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a state university law enforcement officer
under division (C)(2)
of this section shall be in accordance with
Chapter 119. of the Revised Code.
Sec. 3719.12. Unless a report has been made pursuant to
section
2929.24
2929.42 of the Revised
Code, on the conviction of
a
manufacturer, wholesaler,
terminal distributor of dangerous
drugs,
pharmacist, pharmacy intern, dentist, chiropractor,
physician,
podiatrist, registered nurse,
licensed practical nurse,
physician
assistant,
optometrist, or veterinarian of the violation
of
this
chapter or Chapter 2925. of the
Revised Code, the
prosecutor in
the case
promptly shall report the conviction to the
board that
licensed,
certified, or
registered the person to
practice or to
carry on
business. The responsible board shall
provide forms to
the
prosecutor. Within thirty days of
the
receipt of this
information, the board shall
initiate action in
accordance
with
Chapter 119. of the Revised Code to determine
whether to suspend
or
revoke the person's license, certificate, or
registration.
Sec. 3719.121. (A) Except as otherwise provided in
section
4723.28, 4723.35, 4730.25, 4731.22, 4734.39,
or 4734.41 of the
Revised
Code, the license, certificate, or
registration of any
dentist, chiropractor, physician, podiatrist,
registered nurse,
licensed practical
nurse, physician assistant, pharmacist,
pharmacy intern, optometrist, or
veterinarian who is or
becomes
addicted to the use of controlled substances shall be
suspended by
the board that authorized the person's license,
certificate,
or
registration until the person offers satisfactory proof
to the
board that the person no longer is addicted to the use of
controlled substances.
(B) If the board under which a
person has been issued a
license, certificate, or
evidence of registration
determines that
there is clear and
convincing evidence that continuation of the
person's professional
practice or method of prescribing or
personally
furnishing controlled
substances
presents a danger of
immediate and serious harm to others, the board
may suspend the
person's license, certificate, or
registration without a hearing.
Except as otherwise provided in sections 4715.30, 4723.281,
4729.16,
4730.25, 4731.22, and 4734.36 of the Revised
Code, the
board shall follow the procedure
for suspension without a prior
hearing in
section 119.07 of the Revised Code. The suspension
shall remain in
effect, unless removed by the board, until the
board's final
adjudication order becomes effective, except that if
the board
does not issue its final adjudication order within
ninety days
after the hearing, the suspension shall be void on the
ninety-first day after the hearing.
(C) On receiving notification pursuant to section
2929.24
2929.42
or
3719.12 of the Revised Code, the board under which a
person has
been
issued a license, certificate, or evidence of
registration
immediately
shall suspend the license, certificate,
or
registration of that person on a plea of guilty
to,
a finding
by a
jury or court of the person's guilt of, or conviction of a
felony
drug abuse offense; a
finding by a court of the person's
eligibility for
intervention in lieu of conviction; a
plea of
guilty to, or a finding by a jury or court of
the person's guilt
of, or the person's conviction of
an offense in another
jurisdiction that is essentially the same as a
felony drug abuse
offense; or a finding by a court of
the person's eligibility for
treatment or intervention in lieu of
conviction in another
jurisdiction. The board shall notify the holder of the license,
certificate, or registration of the suspension, which shall
remain
in effect
until the board holds an adjudicatory hearing
under
Chapter 119. of the Revised Code.
Sec. 3719.70. (A) When testimony, information, or other
evidence in the possession of a person who uses, possesses, or
trafficks in any drug of abuse appears necessary to an
investigation by law enforcement authorities into illicit sources
of any drug of abuse, or appears necessary to successfully
institute, maintain, or conclude a prosecution for any drug abuse
offense, as defined in section 2925.01 of the Revised Code, a
judge of the court of common pleas may grant to that person
immunity from prosecution for any offense based upon the
testimony, information, or other evidence furnished by that
person,
other than a prosecution of that person for giving false
testimony, information, or other evidence.
(B)(1) When a person is convicted of any misdemeanor drug
abuse
offense,
the court, in determining whether to
suspend
sentence or
place the person
on probation
under a community
control sanction pursuant to section 2929.25 of the Revised Code,
shall take into consideration whether
the person truthfully has
revealed all
information within the person's knowledge concerning
illicit traffic in or use
of drugs of abuse
and, when required,
has testified as to that information in any
proceeding to obtain a
search or arrest warrant against another
or to prosecute another
for any offense involving a drug of
abuse. The information shall
include, but is not limited to, the
identity and whereabouts of
accomplices, accessories, aiders, and
abettors, if any, of the
person or persons from whom any drug
of abuse was obtained or to
whom any drug of abuse was
distributed, and of persons known or
believed to be drug dependent persons,
together with the location
of any place or places where and the
manner in which any drug of
abuse is illegally cultivated,
manufactured, sold, possessed, or
used. The information also shall include
all facts and
circumstances surrounding any illicit traffic in
or use of drugs
of abuse of that nature.
(2) If a person otherwise is eligible for
intervention
in
lieu of conviction and being
ordered to a period of rehabilitation
under section
2951.041
of the Revised Code but the person has
failed
to cooperate with
law enforcement authorities by providing
them with the
types of information described in division (B)(1) of
this
section, the person's lack
of cooperation may be considered
by the court under section 2951.041 of the
Revised Code in
determining whether
to stay all criminal proceedings and order the
person
to a requested
period of intervention.
(C) In the absence of a competent and voluntary waiver of
the right against self-incrimination, no information or testimony
furnished pursuant to division (B) of this section shall be used
in a prosecution of the person furnishing it for any offense
other
than a prosecution of that person for giving false
testimony,
information, or other evidence.
Sec. 3734.44. Notwithstanding the provisions of any law to
the contrary, no permit or license shall be issued or renewed
by
the director of environmental protection, the hazardous waste
facility board, or a board of health:
(A) Unless the director, the hazardous waste facility
board,
or the board of health finds that the applicant, in any
prior
performance record in the transportation, transfer,
treatment,
storage, or disposal of solid wastes, infectious
wastes, or
hazardous waste, has exhibited sufficient reliability,
expertise,
and competency to operate the solid waste, infectious
waste, or
hazardous waste facility, given the potential for harm
to human
health and the environment that could result from the
irresponsible operation of the facility, or, if no prior
record
exists,
that the applicant is likely to exhibit that reliability,
expertise, and competence;
(B) If any individual or business concern required to be
listed in the disclosure statement or shown to have a beneficial
interest in the business of the applicant or the permittee, other
than an equity interest or debt liability, by the investigation
thereof, has been convicted of any of the following crimes under
the laws of this state or equivalent laws of any other
jurisdiction:
(10) Theft and related crimes;
(11) Forgery and fraudulent practices;
(12) Fraud in the offering, sale, or purchase of
securities;
(13) Alteration of motor vehicle identification numbers;
(14) Unlawful manufacture, purchase, use, or transfer of
firearms;
(15) Unlawful possession or use of destructive devices or
explosives;
(16)
Violation
A violation of section 2925.03, 2925.04,
2925.05,
2925.06, 2925.11,
2925.32, or 2925.37 or Chapter 3719. of
the
Revised Code,
unless the violation is for possession of less
than
one hundred grams
of marihuana, less than five grams of
marihuana
resin
or extraction or preparation of
marihuana resin,
or less
than one gram of marihuana resin
in a liquid concentrate,
liquid
extract, or liquid distillate form;
(17) Engaging in a pattern of corrupt activity under section
2923.32 of the
Revised Code;
(18)
Violation
A violation of
the criminal provisions of
Chapter 1331. of
the Revised Code;
(19) Any violation of the criminal provisions of any
federal
or state environmental protection laws, rules, or
regulations that
is committed knowingly or recklessly, as
defined in section
2901.22 of the Revised Code;
(20)
Violation
A violation of
any provision of Chapter 2909.
of the Revised Code;
(21) Any offense specified in Chapter 2921. of the Revised
Code.
(C) Notwithstanding division (B) of this section, no
applicant shall be denied the issuance or renewal of a permit or
license on the basis of a conviction of any individual or
business
concern required to be listed in the disclosure
statement or shown
to have a beneficial interest in the business
of the applicant or
the permittee, other than an equity interest
or debt liability, by
the investigation thereof for any of the
offenses enumerated in
that division as disqualification criteria
if that applicant has
affirmatively demonstrated rehabilitation
of the individual or
business concern by a preponderance of the
evidence. If any such
individual was
convicted of any of the offenses so enumerated that
are felonies,
a permit shall be denied unless five years have
elapsed since the individual
was fully discharged from
imprisonment and parole for the offense,
from a community control
sanction
imposed under section 2929.15 of the Revised Code, from a
post-release control sanction imposed under section 2967.28
of the
Revised Code for the offense, or imprisonment, probation, and
parole
for an offense
that was committed prior to
the effective
date of this amendment
July 1, 1996. In
determining whether an
applicant has affirmatively demonstrated
rehabilitation, the
director, the hazardous waste facility board,
or the board of
health shall request a recommendation on the
matter from the
attorney general and shall consider and base the
determination on
the following factors:
(1) The nature and responsibilities of the position a
convicted individual would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the individual when the offense was
committed;
(6) Whether the offense was an isolated or repeated
incident;
(7) Any social conditions that may have contributed to the
offense;
(8) Any evidence of rehabilitation, including good conduct
in prison or in the community, counseling or psychiatric
treatment
received, acquisition of additional academic or
vocational
schooling, successful participation in correctional
work release
programs, or the recommendation of persons who have
or have had
the applicant under their supervision;
(9) In the instance of an applicant that is a business
concern, rehabilitation shall be established if the applicant has
implemented formal management controls to minimize and prevent
the
occurrence of violations and activities that will or may
result in
permit or license denial or revocation or if the
applicant has
formalized those controls as a result of a
revocation or denial of
a permit or license. Those
controls may include, but are not
limited to, instituting
environmental auditing
programs to help
ensure the adequacy of internal systems to
achieve, maintain, and
monitor compliance with applicable
environmental laws and
standards or instituting an antitrust
compliance auditing program
to help ensure full compliance with
applicable antitrust laws.
The
business concern shall prove by a
preponderance of the
evidence
that the management controls are
effective in preventing
the
violations that are the subject of
concern.
(D) Unless the director, the hazardous waste facility board,
or the board of health finds that the applicant has a history of
compliance with environmental laws in this state and other
jurisdictions and is presently in substantial compliance with, or
on a legally enforceable schedule that will result in compliance
with, environmental laws in this state and other jurisdictions.;
(E) With respect to the approval of a permit, if the
director or the hazardous waste facility board determines that
current prosecutions or pending charges in any jurisdiction for
any of the offenses enumerated in division (B) of this section
against any individual or business concern required to be listed
in the disclosure statement or shown by the investigation to have
a beneficial interest in the business of the applicant other than
an equity interest or debt liability are of such magnitude that
they prevent making the finding required under division (A) of
this section, provided that at the request of the applicant or
the
individual or business concern charged, the director or the
hazardous
waste facility board shall defer
decision upon the
application during the pendency of the charge.
Sec. 3735.311. (A) As used in this section,
"felony"
has
the same meaning as in section 109.511 of the Revised Code.
(B)(1) A metropolitan housing authority shall
not employ a
person as a member of the police force of the
metropolitan housing
authority on a permanent basis, on a
temporary basis, for a
probationary term, or on other than a
permanent basis if the
person previously has been convicted of or
has pleaded guilty to a
felony.
(2)(a) A metropolitan housing authority shall
terminate the
employment of a member of the police force of the
metropolitan
housing authority who does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.29
2929.43 of the Revised Code in which the
member of the police
force agrees to surrender the certificate
awarded to that member
under section 109.77 of the
Revised Code.
(b) A metropolitan housing authority shall
suspend from
employment a member of the police force of the
metropolitan
housing authority who is convicted, after trial, of
a felony. If
the member of the police force files
an appeal from that
conviction and the
conviction is upheld by the highest court to
which the appeal is
taken or if the member of the police force
does not file a timely
appeal, the metropolitan housing authority
shall terminate the
employment of that member of the police force.
If the member of
the police force files an appeal that results in
that member's acquittal of
the felony or conviction of a
misdemeanor, or in the dismissal of the felony
charge against that
member, the metropolitan housing authority
shall reinstate that
member of the police force. A member of the
police force who is
reinstated under division
(B)(2)(b) of this section shall not
receive
any back pay unless that member's conviction of the felony
was reversed on appeal, or the felony charge was
dismissed,
because the court found insufficient evidence to
convict the
member of the police force of the felony.
(3) Division (B) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a member of the police force of a metropolitan
housing authority under
division (B)(2) of this section shall be
in accordance with Chapter 119. of the Revised Code.
Sec. 3748.99. (A) Except as otherwise provided in division
(B) of this section, whoever violates section 3748.15 of the
Revised Code is guilty of a misdemeanor and shall be fined
not
more than one thousand dollars.
(B)(1) Except as otherwise provided in division (B)(2) of
this section, whoever recklessly violates section 3748.10 of the
Revised Code or an order issued under division (B)
of section
3748.17 of the Revised Code to enforce that
section is guilty of a
felony of the fourth degree.
Notwithstanding the
statutory
conventional fines specified for
felonies in section 2929.18
of
the Revised Code, if the court imposes a fine as a sanction, the
fine shall
be
not less than ten thousand nor
more than twenty-five
thousand dollars. Each day of violation is a
separate
offense.
(2) Upon a second or subsequent conviction of a violation of
section
3748.10 of the Revised Code or an order issued under
division
(B) of section 3748.17 of the Revised Code to
enforce
that section that was committed recklessly, the offender is guilty
of a felony of the fourth degree. Notwithstanding the
statutory
conventional fines
specified for felonies in section 2929.18 of
the Revised Code, if the court
imposes a fine as
a sanction, the
fine shall be
not less than twenty thousand nor more than fifty
thousand dollars per day of
violation. Each day of violation is a
separate offense.
Sec. 3793.13. (A) Records or information, other than
court
journal entries or court docket entries, pertaining to the
identity, diagnosis, or treatment of any patient
which
that are
maintained in connection with the performance of any drug
treatment program licensed by, or certified by, the director of
alcohol and drug addiction services, under section 3793.11 of the
Revised Code, shall be kept confidential, may be disclosed only
for the purposes and under the circumstances expressly authorized
under this section, and may not otherwise be divulged in any
civil, criminal, administrative, or legislative proceeding.
(B) When the patient, with respect to whom any record or
information referred to in division (A) of this section is
maintained, gives
his consent in the form of a written release
signed by the patient, the content of the record or information
may be disclosed if the written release:
(1) Specifically identifies the person, official, or
entity
to whom the information is to be provided;
(2) Describes with reasonable specificity the record,
records, or information to be disclosed; and
(3) Describes with reasonable specificity the purposes of
the disclosure and the intended use of the disclosed information.
(C) A patient who is subject to
a community control
sanction,
parole,
probation,
or a post-release control sanction or
who
is ordered to rehabilitation in lieu of conviction, and who
has
agreed to participate in a drug treatment or rehabilitation
program as a condition of
the community control sanction,
post-release
control sanction, parole,
probation, or order to
rehabilitation, shall be considered to have consented to the
release of records and information relating to the progress of
treatment, frequency of treatment, adherence to treatment
requirements, and probable outcome of treatment. Release of
information and records under this division shall be limited to
the court or governmental personnel having the responsibility for
supervising
his probation
the patient's community control
sanction,
post-release control sanction, parole, or order to
rehabilitation. A
patient, described in this division, who
refuses to allow
disclosure may be considered in violation of the
conditions of
his
the patient's community control sanction,
post-release control
sanction, parole,
probation, or order to
rehabilitation.
(D) Disclosure of a patient's record may be made without
his
the patient's consent to qualified personnel for the purpose
of
conducting
scientific research, management, financial audits, or
program
evaluation, but these personnel may not identify, directly
or
indirectly, any individual patient in any report of the
research,
audit, or evaluation, or otherwise disclose a patient's
identity
in any manner.
(E) Upon the request of a prosecuting attorney or the
director of alcohol and drug addiction services, a court of
competent jurisdiction may order the disclosure of records or
information referred to in division (A) of this section if the
court has reason to believe that a treatment program or facility
is being operated or used in a manner contrary to law. The use
of
any information or record so disclosed shall be limited to the
prosecution of persons who are or may be charged with any offense
related to the illegal operation or use of the drug treatment
program or facility, or to the decision to withdraw the authority
of a drug treatment program or facility to continue operation.
For
purposes of this division the court shall:
(1) Limit disclosure to those parts of
the patient's record
considered essential to fulfill the objective for which the order
was granted;
(2) Require, where appropriate, that all information be
disclosed in chambers;
(3) Include any other appropriate measures to keep
disclosure to a minimum, consistent with the protection of the
patients, the physician-patient relationship, and the
administration of the drug treatment and rehabilitation program.
(F) As used in this section:
(1)
"Community control sanction" has the same meaning as in
section
2929.01
of the Revised Code.
(2)
"Post-release control sanction" has the same meaning as
in section
2967.01 of the Revised Code.
Sec. 3937.43. (A) As used in this section:
(1)
"Automobile insurance policies" has the same meaning
as
in section 3937.30 of the Revised Code.
(2)
"Moving violation" means any violation of any statute
or
ordinance that regulates the operation of vehicles,
streetcars, or
trackless trolleys on highways or streets or that
regulates size
or load limitations or fitness requirements of
vehicles.
"Moving
violation" does not include the violation of
any statute or
ordinance that regulates pedestrians or the
parking of vehicles.
(3)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(B) Every rating plan or schedule of rates for automobile
insurance policies that is filed with the superintendent of
insurance shall provide for an appropriate reduction in premium
charges for any insured or applicant for insurance under the
following conditions:
(1) The applicant or insured is sixty years of age or
older;
(2) The applicant or insured successfully completes a
motor
vehicle accident prevention course, which includes
classroom
instruction and the passing of an examination in
accordance with
both of the following:
(a) The state highway patrol shall approve the course and
the examination. However, the state highway patrol shall not
approve any correspondence course or any other course that does
not provide classroom instruction.
(b) The examination shall include an actual demonstration
of
the applicant's or insured's ability to exercise ordinary and
reasonable control in the operation of a motor vehicle.
(3) The applicant or insured submits to the insurer a
certificate that is issued by the sponsor of the motor vehicle
accident prevention course and attests to the successful
completion of the course by the applicant or insured;
(4) The insurer may consider the driving record of the
applicant or insured in accordance with divisions (C) and (D) of
this section.
(C) In determining whether to grant a reduction in premium
charges in accordance with this section, the insurer may consider
the driving record of the insured or applicant for a three-year
period prior to the successful completion of a motor vehicle
accident prevention course.
(D)(1) Subject to division (D)(2) of this section, every
reduction in premium charges granted in accordance with this
section shall be effective for an insured for a three-year period
after each successful completion of a motor vehicle accident
prevention course.
(2) As a condition of maintaining a reduction in premium
charges granted in accordance with this section, an insurer may
require that the insured, during the three-year period for which
the reduction has been granted, neither be involved in an
accident
for which the insured is primarily at fault, nor be
convicted of
more than one moving violation.
(E) A reduction in premium charges granted in accordance
with this section shall not become effective until the first full
term of coverage following the successful completion of a motor
vehicle accident prevention course in accordance with division
(B)
of this section.
(F) The superintendent of the state highway patrol shall
adopt rules in accordance with Chapter 119. of the Revised Code
that are necessary to carry out the duties of the state highway
patrol under this section.
(G) This section does not apply to any automobile
insurance
policy issued under an assigned risk plan pursuant to
section
4509.70 of the Revised Code.
(H) This section does not apply to circumstances in which
the motor vehicle accident prevention course is required by a
court as a condition of
probation or suspension of sentence
a
community control sanction imposed for a
moving violation.
Sec. 3959.13. Any person who, while licensed as an
administrator, is
convicted of a felony, shall report the
conviction to the superintendent of
insurance within thirty days
of the entry date of the judgment of conviction.
Within that
thirty-day period, the person shall also provide the
superintendent with a copy of the judgment, the
probation or
commitment
order
or the order imposing a community control
sanction,
and any other relevant documents.
As used in this section,
"community control sanction" has the
same meaning
as in section 2929.01 of the Revised Code.
Sec. 4503.13. (A) A municipal court
or, county court,
or
mayor's court, at the
court's discretion,
may order the clerk of
the court
to send to the registrar of motor vehicles a report
containing the name,
address, and such other
information as the
registrar may require by rule, of any person for whom an
arrest
warrant has been issued by that court and is outstanding.
Upon receipt of such a report, the registrar shall enter the
information
contained in the report into the records of the bureau
of motor vehicles.
Neither the registrar nor any deputy registrar
shall issue a certificate of
registration for a motor vehicle
owner or lessee, when a lessee is
determinable under procedures
established by the registrar under division (E) of this section,
who is named in the
report until the registrar receives
notification from the municipal court
or,
county court, or mayor's
court that there are no
outstanding arrest warrants in the name of
the person. The registrar also
shall send a notice to the person
who is named in the report, via regular
first class mail sent to
the person's last known address as shown in the
records of the
bureau, informing the person that neither the registrar nor any
deputy registrar is permitted to issue a certificate of
registration for a
motor vehicle in the name of the person until
the registrar receives
notification that there are no outstanding
arrest warrants in the name of the
person.
(B) A clerk who reports an outstanding
arrest warrant in
accordance with division (A)
of this section immediately shall
notify the registrar when the warrant has
been executed and
returned to the issuing
court or has been canceled. The clerk
shall charge and collect from the
person named in the executed or
canceled arrest warrant a processing fee of
fifteen dollars to
cover the costs of the bureau in administering this
section. The
clerk shall transmit monthly all such processing fees to the
registrar for deposit into the state bureau of motor vehicles fund
created by
section 4501.25 of the Revised Code.
Upon receipt of such notification, the registrar
shall cause
the report of that outstanding arrest warrant to be removed from
the records of the bureau and, if there are no other outstanding
arrest
warrants issued by a municipal court
or, county court,
or
mayor's court in the name of the person
and the person otherwise
is eligible to be
issued a certificate of registration for a motor
vehicle, the registrar or a
deputy registrar may issue a
certificate of registration for a motor vehicle
in
the name of the
person named in the executed or canceled arrest warrant.
(C) Neither the registrar, any employee
of the bureau, a
deputy registrar, nor any employee of a deputy registrar is
personally liable for damages or injuries resulting from any error
made by a
clerk in entering information contained in a report
submitted to the registrar
under this section.
(D) Any information submitted to the registrar by a clerk
under
this section shall be transmitted by means of an electronic
data transfer
system.
(E) The registrar shall determine the procedures and
information
necessary to implement this section in regard to motor
vehicle lessees.
Division (A) of this section shall not apply to
cases involving a
motor vehicle lessee until such procedures are
established.
Sec. 4507.091. (A) A municipal court
or, county court,
or
mayor's court, at the
court's discretion,
may order the clerk of
the
court to send to the registrar of motor vehicles a report
containing the name,
address, and such
other information as the
registrar may require by rule, of any person for whom
an arrest
warrant has been issued by that court and is outstanding.
Upon receipt of such a report, the registrar shall enter the
information
contained in the report into the records of the bureau
of motor vehicles,
and
neither. Neither the registrar nor any
deputy registrar
shall issue a
temporary
instruction permit or
driver's or commercial driver's license to the person
named in the
report, or renew the driver's or commercial driver's license of
such person, until the registrar receives notification from the
municipal
court
or, county court, or mayor's court that
there are
no outstanding arrest warrants in the name of the person. The
registrar also
shall send a notice to the person who is named in
the report, via regular
first class mail sent to the person's last
known address as shown in the
records of the bureau, informing the
person that neither the registrar nor
any deputy registrar is
permitted to issue a temporary instruction permit or
driver's or
commercial driver's license to the person, or renew the driver's
or commercial driver's license of the person, until the registrar
receives
notification that there are no outstanding arrest
warrants in the name of the
person.
(B) A clerk who reports an outstanding
arrest warrant in
accordance with division (A)
of this section immediately shall
notify the registrar when the warrant has
been executed and
returned to the issuing
court or has been canceled. The clerk
shall charge and collect from the
person named in the executed or
canceled arrest warrant a processing fee of
fifteen dollars to
cover the costs of the bureau in administering this
section. The
clerk shall transmit monthly all such processing fees to the
registrar for deposit into the state bureau of motor vehicles fund
created by
section 4501.25 of the Revised Code.
Upon receipt of such notification, the registrar
shall cause
the report of that outstanding arrest warrant to be removed from
the records of the bureau and, if there are no other outstanding
arrest
warrants issued by a municipal court
or, county court,
or
mayor's court in the name of the person
and the person otherwise
is eligible to be
issued a driver's or commercial driver's license
or to have such a license
renewed, the registrar or a deputy
registrar may issue a driver's license or
commercial driver's
license to the person named in the executed or canceled
arrest
warrant, or renew the driver's or commercial driver's license of
such
person.
(C) Neither the registrar, any employee
of the bureau, a
deputy registrar, nor any employee of a deputy registrar is
personally liable for damages or injuries resulting from any error
made by a
clerk in entering information contained in a report
submitted to the registrar
under this section.
(D) Any information submitted to the registrar by a clerk
under
this section shall be transmitted by means of an electronic
data transfer
system.
Sec. 4510.037. (A) When the registrar of motor vehicles
determines that the total points charged against any person under
section
4510.036 of the Revised Code exceed five, the registrar
shall send a warning letter to the person at the person's last
known address by regular mail. The warning letter shall list the
reported violations that are the basis of the points charged, list
the number of points charged for each violation, and outline the
suspension provisions of this section.
(B) When the registrar determines that the total points
charged
against any person under section 4510.036 of the Revised
Code
within any two-year period beginning on the date of the first
conviction within the two-year period is equal to twelve or more,
the registrar shall send a written notice to the person at the
person's last known address by regular mail. The notice shall
list the reported violations that are the basis of the points
charged, list the number of points charged for each violation, and
state that, because the total number of points charged against the
person within the applicable two-year period is equal to twelve or
more, the registrar is imposing a class D suspension of
the
person's driver's or commercial driver's license or permit or
nonresident
operating privileges
for the period of time specified
in division (B)(4) of section
4510.02 of the Revised Code. The
notice also shall state
that the
suspension is effective on the
twentieth day after the mailing of the notice,
unless the person
files a petition appealing the determination and suspension in the
municipal
court, county court, or, if the
person is under the age
of
eighteen, the juvenile division of the
court of common pleas in
whose jurisdiction the person resides or,
if the person is not a
resident of this state, in the Franklin
county municipal court or
juvenile division of the Franklin county
court of common pleas.
By filing the appeal of the determination and suspension, the
person agrees to
pay the cost of the proceedings in the appeal of
the determination and suspension and alleges that
the person
can
show cause why the person's driver's or commercial driver's
license or permit or
nonresident operating privileges should not
be suspended.
(C)(1) Any person against whom at least two but less than
twelve
points have been charged under section 4510.036 of the
Revised
Code may enroll in a course of remedial driving
instruction
that is approved by the director of public
safety.
Upon the person's
completion of an approved
course of remedial
driving instruction, the person may apply to the registrar on a
form prescribed by the registrar for a credit of two points on the
person's driving record. Upon receipt of the application and
proof of completion of the approved remedial driving course,
the
registrar shall approve the two-point credit. The registrar
shall
not approve any credits for a person who completes an approved
course of
remedial driving
instruction pursuant to a judge's order
under section 4510.02 of the
Revised Code.
(2) In any three-year period, the registrar shall approve
only one two-point credit on a person's driving record under
division (C)(1) of this section. The registrar shall approve not
more than five two-point credits on a person's driving record
under division (C)(1) of this section during that person's
lifetime.
(D) When a judge of a court of record suspends a person's
driver's or commercial driver's license or permit or nonresident
operating
privilege and charges points against the person under
section 4510.036 of the Revised Code for the offense that
resulted
in the suspension, the registrar shall credit that period of
suspension against the time of any subsequent suspension imposed
under this section for which those points were used to impose the
subsequent suspension. When a United States district court
that
has
jurisdiction within this state suspends a person's driver's or
commercial
driver's license or permit or nonresident operating
privileges pursuant to the "Assimilative Crimes
Act," 102 Stat.
4381 (1988), 18 U.S.C.A. 13, as amended, the district court
prepares an abstract pursuant to section 4510.031 of the Revised
Code, and the district court charges
points against the person
under section 4510.036 of the
Revised Code for the offense that
resulted in the suspension, the registrar shall credit the period
of
suspension imposed by the
district court against the time of
any subsequent suspension imposed under
this section for which
the
points were used to impose the subsequent suspension.
(E) The registrar, upon the written request of a licensee
who
files a petition under division (B) of this section, shall
furnish
the licensee a certified copy of the registrar's record of
the convictions and
bond forfeitures of
the person. This record
shall include the name, address, and date of birth of
the
licensee; the
name of the court in which each conviction or bail
forfeiture took
place; the nature of the offense that was the
basis of the
conviction or bond forfeiture; and any other
information that the
registrar considers necessary. If the record
indicates that
twelve points or more have been charged against the
person within
a two-year period, it is prima-facie evidence that
the person is a
repeat traffic offender, and the registrar shall
suspend the
person's driver's or commercial driver's license or
permit or
nonresident operating privilege pursuant to division (B)
of this
section.
In hearing the petition and determining whether the person
filing
the petition has shown cause why the person's driver's or
commercial
driver's license or permit or nonresident operating
privilege should not
be suspended, the court shall decide the
issue on the record
certified by the registrar and any additional
relevant, competent,
and material evidence that either the
registrar or the person
whose license is sought to be suspended
submits.
(F) If a petition is filed under division (B) of this
section in
a county court, the prosecuting attorney of the county
in which the case is
pending shall represent the registrar in the
proceedings, except that, if the
petitioner resides in a municipal
corporation within the
jurisdiction of the county court, the city
director of law,
village solicitor, or other chief legal officer
of the municipal
corporation shall represent the registrar in the
proceedings. If
a petition is filed under division (B) of this
section in a
municipal court, the registrar shall be represented
in the resulting
proceedings as provided in
section 1901.34 of the
Revised Code.
(G) If the court determines from the evidence submitted that
a
person who filed a petition under division (B) of this section
has
failed to show cause why the person's driver's or commercial
driver's license
or permit or
nonresident operating privileges
should not be suspended, the court shall
assess against the person
the cost of the proceedings in the appeal of the determination
and suspension and shall impose the
applicable suspension under
this section or suspend all or a
portion of the suspension and
impose any conditions
or probation
upon the person that the court
considers proper
or impose upon the person a community control
sanction pursuant to section 2929.15 or 2929.25 of the Revised
Code. If the court
determines from the evidence
submitted that a
person who filed a
petition under division (B) of
this section has
shown cause why
the person's driver's or
commercial driver's
license or permit or
nonresident
operating
privileges
should not
be suspended, the
costs of the appeal
proceeding shall be paid out
of the county
treasury of the county
in which the proceedings were
held.
(H) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privileges are suspended under
this section is
not entitled to apply for or receive a new
driver's or commercial driver's license or permit or to request or
be granted nonresident operating privileges during the effective
period of the suspension.
(I) Upon the termination of any suspension or other penalty
imposed under this section involving the surrender of license or
permit and
upon the request of the person whose license or
permit
was suspended or surrendered, the registrar shall return
the
license or permit to the person upon determining that the
person
has complied with all provisions of section 4510.038 of the
Revised Code or, if the registrar destroyed the license or
permit
pursuant to section 4510.52 of the Revised Code, shall
reissue the
person's license or permit.
(J) Any person whose driver's or commercial driver's license
or
permit or nonresident operating privileges are suspended as a
repeat traffic
offender under this section and who, during the
suspension, operates any motor vehicle upon any public roads
and
highways is guilty of a misdemeanor of the first degree, and
the
court shall sentence the offender to a minimum term of three
days
in jail. No court shall suspend the first three days of jail
time
imposed pursuant to this division.
(K) The registrar, in accordance with specific statutory
authority, may suspend the privilege of driving a motor vehicle on
the public
roads and highways of this state that is granted
to
nonresidents by section 4507.04 of the Revised Code.
Sec. 4510.14. (A) No person whose driver's or commercial
driver's license or permit or nonresident operating privilege has
been
suspended under section 4511.19, 4511.191, or 4511.196 of the
Revised Code or under section
4510.07 of the Revised Code for a
conviction of a violation
of a municipal OVI ordinance shall
operate any motor
vehicle upon the public roads or
highways within
this state during the period of the
suspension.
(B) Whoever violates this section is guilty of driving under
OVI
suspension. The court shall sentence the offender under
Chapter
2929. of the Revised Code, subject to the differences
authorized
or required by this section.
(1) Except as otherwise provided in division (B)(2) or (3)
of
this section, driving under OVI suspension is a misdemeanor of
the
first degree. The court shall sentence the offender to all of
the
following:
(a) A mandatory jail term of three consecutive days. The
three-day term shall be imposed, unless, subject to division (C)
of
this section, the court instead imposes a sentence of not less
than thirty
consecutive days of
electronically monitored house
arrest
with electronic monitoring. A period of
electronically
monitored
house arrest
with electronic monitoring imposed
under
this division shall not exceed six months. If the court
imposes a
mandatory three-day jail term under this division, the
court may
impose a jail term in addition to that term, provided
that in no
case shall the cumulative jail term imposed for the
offense exceed
six months.
(b) A fine of not less than two hundred fifty and not more
than
one thousand dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, immobilization
for thirty days
of the offender's vehicle
and impoundment for
thirty days of the identification license
plates of that vehicle.
The order for immobilization and
impoundment shall be issued and
enforced in accordance with section
4503.233 of the Revised Code.
(2) If, within six years of the offense, the offender
previously
has been convicted of or pleaded guilty to one
violation of this section
or one equivalent offense, driving under
OVI suspension is a
misdemeanor of the first degree. The court
shall sentence the offender
to all of the following:
(a) A mandatory jail term of ten consecutive days.
Notwithstanding the
jail terms
of imprisonment provided in
Chapter
2929.
sections 2929.21 to 2929.28 of the Revised Code, the court
may sentence the offender to
a longer jail term of not more than
one year. The ten-day
mandatory jail
term shall be imposed
unless, subject to division
(C) of
this section, the court instead
imposes a sentence of not
less than ninety
consecutive days
of
electronically monitored
house arrest
with electronic monitoring.
The period of
electronically
monitored house
arrest
with
electronic monitoring shall not exceed one year.
(b) Notwithstanding the fines provided for in Chapter
2929.
of the Revised Code, a fine of not less
than five hundred and not
more than two thousand five hundred
dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, immobilization
of
the offender's vehicle for sixty days and the impoundment for
sixty days of the identification license plates of that vehicle.
The order for immobilization and impoundment shall be issued and
enforced in accordance with section 4503.233 of the Revised
Code.
(3) If, within six years of the offense, the offender
previously has been
convicted of or pleaded guilty to two or more
violations of this section
or two or more equivalent offenses,
driving under OVI suspension
is a misdemeanor. The court shall
sentence the offender to all of the
following:
(a) A mandatory jail term of thirty consecutive days.
Notwithstanding the
jail terms
of imprisonment provided in
Chapter
2929.
sections 2929.21 to 2929.28 of the Revised Code, the court
may sentence the offender to
a longer jail term of not more than
one year. The court shall not
sentence
the offender to a term of
electronically monitored house
arrest
with electronic monitoring
in lieu of the mandatory portion of the jail term.
(b) Notwithstanding the fines set forth in Chapter 2929.
of
the
Revised Code, a fine of not less
than five hundred and not
more than two thousand five hundred
dollars;
(c) A license suspension under division (E) of this
section;
(d) If the vehicle the offender was operating at the time of
the
offense is registered in the offender's name, criminal
forfeiture to the state
of the offender's
vehicle. The order of
criminal forfeiture shall be issued and
enforced in accordance
with section 4503.234 of the Revised
Code. If
title to a motor
vehicle that is subject to an order for criminal
forfeiture under
this division is assigned or transferred and
division (B)(2) or
(3) of section 4503.234 of the Revised
Code
applies, the court may
fine the offender the value of the vehicle as
determined by
publications of the national auto dealer's
association. The
proceeds from any fine so imposed shall be distributed
in
accordance with division (C)(2) of section 4503.234 of the
Revised
Code.
(C) No court shall impose an alternative sentence of
electronically monitored house arrest
with electronic monitoring
under division (B)(1) or (2)
of this section unless, within sixty
days of the date of
sentencing, the court issues a written finding
on the record that,
due to the unavailability of space at the jail
where the offender
is required
to serve the jail term imposed, the
offender will not
be able to begin serving
that term within the
sixty-day period
following the date of sentencing.
An offender sentenced under this section to a period of
electronically monitored house arrest
with electronic monitoring
shall be permitted work
release
during that period.
(D) Fifty per cent of any fine imposed by a court under
division
(B)(1), (2), or (3) of this section shall be deposited
into the
county indigent drivers alcohol treatment fund or
municipal indigent drivers
alcohol treatment fund under the
control of that court, as created by the county or municipal
corporation
pursuant to division (H) of section 4511.191 of the
Revised
Code.
(E) In addition to or independent of all other penalties
provided
by law or ordinance, the trial judge of any court of
record or the mayor
of a mayor's court shall impose on an offender
who is convicted of or pleads
guilty to a violation of this
section a class seven suspension
of the offender's driver's or
commercial driver's license or permit or nonresident operating
privilege
from the range specified in division (A)(7) of section
4510.02 of the
Revised Code.
When permitted as specified in section 4510.021 of the
Revised Code, if the court grants
limited driving privileges
during a suspension imposed under this section, the
privileges
shall be granted on the additional condition
that the offender
must display restricted license plates, issued
under section
4503.231 of the Revised Code, on the vehicle driven
subject to the
privileges, except as provided in division (B) of that
section.
A suspension of a commercial driver's license under this
section
shall be concurrent with any period of suspension or
disqualification
under section
3123.58 or 4506.16 of the Revised
Code. No person
who is
disqualified for life from holding a
commercial driver's
license under
section 4506.16 of the Revised
Code shall be issued
a
driver's license under Chapter 4507. of the
Revised Code during
the period for which the commercial driver's
license was suspended
under this section, and no person whose
commercial driver's
license is suspended under this section shall
be issued a driver's
license under Chapter 4507. of the Revised
Code during the period
of the suspension.
(F) As used in this section:
(1) "Electronically monitored house arrest
Electronic
monitoring" has the same
meaning
as in section
2929.23
2929.01 of
the Revised Code.
(2) "Equivalent offense" means any of the following:
(a) A violation of a municipal ordinance, law of another
state,
or law of the United States that is substantially
equivalent
to division (A) of this section;
(b) A violation of a former law of this state that was
substantially equivalent to division (A) of this section.
(3) "Jail" has the same meaning as in section 2929.01 of the
Revised
Code.
(4) "Mandatory jail term" means the mandatory term in jail
of
three, ten, or thirty consecutive days that must be imposed
under
division (B)(1), (2), or (3) of this section upon an
offender
convicted of a violation of division (A) of this section
and in
relation to which all of the following apply:
(a) Except as specifically authorized under this section,
the
term must be served in a jail.
(b) Except as specifically authorized under this section,
the
term cannot be suspended, reduced, or otherwise modified
pursuant to
section
2929.51, 2951.02, or any
other provision of
the Revised Code.
Sec. 4511.181. As used in sections 4511.181 to 4511.197 of
the Revised Code:
(A) "Equivalent offense" means any of the following:
(1) A violation of division (A) or (B) of section
4511.19 of
the Revised Code;
(2) A violation of a municipal OVI ordinance;
(3) A violation of section 2903.04 of the Revised Code in a
case
in which the offender was subject to the sanctions described
in division
(D) of that section;
(4) A violation of division (A)(1) of section 2903.06 or
2903.08
of the Revised Code or a municipal ordinance that is
substantially equivalent to either of
those divisions;
(5) A violation of division (A)(2), (3), or (4) of section
2903.06, division (A)(2) of section 2903.08, or former section
2903.07
of the Revised Code, or a municipal ordinance that is
substantially equivalent to any of
those divisions or that former
section, in a case in which a judge or jury as
the trier of fact
found that the offender was under the influence of alcohol, a drug
of
abuse, or a combination of them;
(6) A violation of an existing or former municipal
ordinance, law
of another state, or law of the United States that
is
substantially equivalent to division (A) or (B) of section
4511.19 of the
Revised Code;
(7) A violation of a former law of this state that was
substantially equivalent to division (A) or (B) of section
4511.19
of the Revised Code.
(B)
"Mandatory jail term" means the mandatory term in jail
of
three, six, ten, twenty, thirty, or sixty days that must be
imposed under
division
(G)(1)(a), (b), or
(c) of section
4511.19
of the Revised Code upon an offender convicted of a
violation of
division (A) of that section and in relation to which
all of the
following apply:
(1) Except as specifically authorized under section 4511.19
of the Revised Code, the term
must be served in a jail.
(2) Except as specifically authorized under section 4511.19
of
the Revised Code, the term cannot be suspended, reduced, or
otherwise modified pursuant to
section 2929.51, 2951.02,
sections
2929.21 to 2929.28 or any
other
provision of the Revised Code.
(C)
"Municipal OVI ordinance" and "municipal
OVI offense"
mean any
municipal ordinance prohibiting a person from operating a
vehicle while under
the influence of alcohol, a drug of abuse, or
a combination of them or
prohibiting
a person from operating a
vehicle with a prohibited concentration
of alcohol in the whole
blood, blood serum or plasma, breath, or
urine.
(D)
"Community residential sanction," "jail," "mandatory
prison
term," "mandatory term of local incarceration," "sanction,"
and "prison term"
have the same meanings as in
section 2929.01 of
the Revised Code.
Sec. 4511.19. (A) No person shall operate any vehicle,
streetcar, or trackless trolley
within this state, if,
at the
time
of the operation, any of the
following apply:
(1) The person is under the influence of alcohol, a drug
of
abuse, or
a
combination of
them;
(2) The person has a concentration of ten-hundredths of
one
per cent or more
but less than seventeen-hundredths of one per
cent
by weight
per unit volume of alcohol in the person's
whole
blood;
(3)
The person has a concentration of twelve-hundredths of
one per
cent or more but less than two hundred four-thousandths of
one per cent
by weight per unit volume of alcohol in the person's
blood serum or
plasma;
(4) The person has a concentration of ten-hundredths of
one
gram or more but less than seventeen-hundredths of one gram
by
weight of alcohol per two hundred ten liters
of the person's
breath;
(5) The person has a concentration of fourteen-hundredths
of
one gram or more
but less than two hundred
thirty-eight-thousandths of one gram
by weight of alcohol per one
hundred
milliliters of the person's urine;
(6) The person has a concentration of
seventeen-hundredths
of one per cent or more by weight
per unit
volume
of alcohol in
the person's
whole blood;
(7)
The person has a concentration of two hundred
four-thousandths of one per cent or more by weight per unit volume
of alcohol
in the person's blood serum or plasma;
(8) The person has a concentration of
seventeen-hundredths
of one gram or more by weight of alcohol per
two hundred ten
liters of the person's breath;
(9) The person has a concentration of two hundred
thirty-eight-thousandths of one gram or more by weight of alcohol
per one hundred milliliters of the person's urine.
(B) No person under twenty-one years of age shall operate
any vehicle, streetcar, or trackless trolley within this state,
if,
at the time of the operation, any of the following
apply:
(1) The person has a concentration of at least
two-hundredths of one per cent but less than ten-hundredths of
one
per cent by weight
per unit volume of alcohol in the person's
whole blood;
(2)
The person has a concentration of at least
three-hundredths of one per
cent but less than twelve-hundredths
of one per cent by weight per unit volume
of alcohol in the
person's blood serum or plasma;
(3) The person has a concentration of at least
two-hundredths of one gram but less than ten-hundredths of one
gram by weight of alcohol per two hundred ten liters of the
person's breath;
(4) The person has a concentration of at least
twenty-eight
one-thousandths of one gram but less than
fourteen-hundredths of
one gram by weight of alcohol per one
hundred milliliters of the
person's urine.
(C) In any proceeding arising out of one incident, a
person
may be charged with a violation of division (A)(1) and a
violation
of division (B)(1), (2), or (3) of this section, but
the person
may not be convicted of more than one violation of these
divisions.
(D)(1) In any criminal prosecution or juvenile court
proceeding for a violation of this section
or for an equivalent
offense, the court may admit
evidence on the
concentration of
alcohol, drugs of abuse, or
a combination of them in the
defendant's
whole blood,
blood serum or plasma, breath, urine, or
other bodily
substance at the time of the alleged violation as
shown by
chemical analysis of the
substance withdrawn within two
hours of
the time of
the alleged violation.
When a person submits to a blood test at the request of a
law enforcement officer under section 4511.191 of the
Revised
Code, only a
physician, a registered nurse, or a qualified
technician,
chemist,
or phlebotomist shall withdraw blood for
the
purpose of
determining
the
alcohol, drug, or alcohol and
drug
content
of the whole blood, blood serum,
or blood plasma.
This
limitation does
not apply to the taking of breath or urine
specimens. A
person authorized to withdraw blood under
this
division may
refuse to withdraw blood
under this division, if in
that person's
opinion, the physical welfare of
the person would
be
endangered by the withdrawing of blood.
The bodily substance
withdrawn shall be analyzed in
accordance with
methods approved by the director of health by an
individual
possessing a valid permit issued by the director
pursuant to section 3701.143 of the Revised Code.
(2) In a criminal prosecution or juvenile court proceeding
for a violation of division (A) of this section
or for an
equivalent offense, if there was at the time the
bodily substance
was
withdrawn a concentration of less than
the
applicable
concentration of alcohol specified in
divisions (A)(2),
(3), (4),
and (5) of this section, that fact
may be considered
with other
competent evidence
in determining the guilt or
innocence of the
defendant. This
division does not limit or
affect a criminal
prosecution or
juvenile court proceeding for a
violation of
division (B) of this
section or
for an equivalent offense that
is
substantially
equivalent to
that
division.
(3) Upon the request of the person who was tested, the
results of the chemical test shall be made available to the
person
or the person's
attorney, immediately upon the completion
of the
chemical test analysis.
The person tested may have a physician, a registered nurse,
or a qualified technician, chemist,
or
phlebotomist of the
person's own
choosing administer a chemical test or tests,
at the
person's
expense, in addition to any
administered at the request
of a
law enforcement
officer.
The
form to be read to the person
to be tested, as required
under
section 4511.192 of the Revised
Code, shall state that the person
may have an
independent test
performed at the person's expense.
The failure or
inability to
obtain an additional
chemical test by
a person shall not preclude
the admission of
evidence relating to
the chemical test or tests
taken at the
request of a
law
enforcement officer.
(E)(1)
Subject to division (E)(3) of
this section,
in any
criminal prosecution or juvenile court proceeding for a
violation
of
division (A)(2), (3), (4), (5), (6), (7), (8), or (9)
or
(B)(1), (2), (3), or
(4) of this
section or for an equivalent
offense that is substantially equivalent to any
of those
divisions, a laboratory report from any
forensic laboratory
certified by the department of health that
contains an analysis of
the whole blood, blood serum or plasma,
breath, urine, or other
bodily substance tested and that contains
all of the information
specified in this division shall be
admitted as prima-facie
evidence of the information and statements
that the report
contains. The laboratory report shall contain all
of the
following:
(a)
The signature, under oath, of any person who performed
the
analysis;
(b)
Any findings as to the identity and quantity of alcohol,
a
drug of abuse, or a combination of them that was found;
(c)
A copy of a notarized statement by the laboratory
director or
a designee of the director that contains the name of
each certified analyst or test performer involved with the
report,
the analyst's or test performer's employment relationship
with the
laboratory that issued the report, and a notation that
performing
an analysis of the type involved is part of the
analyst's or test
performer's regular duties;
(d)
An outline of the analyst's or test performer's
education,
training, and experience in performing the type of
analysis involved and a
certification that the laboratory
satisfies appropriate quality control standards in general and, in
this
particular analysis, under rules of the
department of health.
(2) Notwithstanding any other provision of law regarding the
admission of
evidence, a report of the type described
in division
(E)(1) of this section is not admissible against the
defendant to
whom
it pertains in any proceeding, other than a preliminary
hearing or a grand
jury proceeding, unless the prosecutor
has
served a
copy of the report on the defendant's attorney or, if the
defendant has no attorney, on the defendant.
(3) A report of the type described in division (E)(1) of
this
section shall not be prima-facie evidence of the contents,
identity, or amount
of any substance if, within seven days after
the
defendant to whom the report pertains or the defendant's
attorney
receives a copy of the report, the defendant or the
defendant's
attorney demands the testimony of the person who
signed the
report. The judge in the case may extend the seven-day
time limit
in the interest of justice.
(F) Except as otherwise provided in this division, any
physician, registered nurse, or qualified
technician, chemist,
or
phlebotomist who
withdraws blood from a person pursuant
to this
section, and any hospital, first-aid station, or clinic
at which
blood is withdrawn from a person pursuant to this
section, is
immune from criminal liability and
civil
liability
based upon a
claim of assault and battery or
any other
claim that is not
a
claim
of malpractice, for any
act performed in withdrawing blood
from
the person.
The immunity
provided in this division is not
available to a
person who
withdraws blood if the person engages in
willful or wanton
misconduct.
(G)(1) Whoever violates any provision of divisions
(A)(1) to
(9) of this section is
guilty of
operating a vehicle under the
influence of alcohol, a drug of abuse, or a
combination of them.
The court shall sentence the offender under
Chapter 2929. of the
Revised Code, except as otherwise
authorized or required by
divisions (G)(1)(a)
to (e)
of this section:
(a)
Except as otherwise provided in division
(G)(1)(b), (c),
(d),
or (e) of this section, the offender is guilty of a
misdemeanor of
the first degree, and the court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, a
mandatory jail term
of three consecutive days. As used in
this
division, three consecutive days means seventy-two consecutive
hours.
The court
may sentence an offender to both an
intervention
program and a jail term. The court may impose a jail
term in
addition to the three-day mandatory jail term or intervention
program. However,
in no case shall the cumulative jail term
imposed for the offense
exceed six months.
The court may suspend the execution of the
three-day jail
term under this division if the court, in lieu of that
suspended
term, places the offender
on probation
under a community control
sanction pursuant to section 2929.25 of the Revised Code and
requires the offender
to
attend, for three consecutive days, a
drivers' intervention
program certified under section 3793.10 of
the Revised Code.
The
court also may suspend the execution of any
part of the
three-day
jail term under this division if it places
the offender
on
probation
under a community control sanction
pursuant to section 2929.25 of the Revised Code for part of the
three days, requires the offender to
attend for the suspended part
of the term a drivers' intervention
program so certified, and
sentences the offender to a jail term
equal to the remainder of
the three consecutive days that the
offender does not spend
attending the program. The court may
require the offender, as a
condition of
probation
community control and in addition
to the
required attendance at a drivers' intervention program, to
attend
and satisfactorily complete any treatment or education
programs
that comply with the minimum standards adopted pursuant
to Chapter
3793. of the Revised Code by the director of alcohol
and drug
addiction services that the operators of the drivers'
intervention
program determine that the offender should attend and
to report
periodically to the court on the offender's progress in
the
programs. The court also may impose on the offender any other
conditions of
probation
community control that it considers
necessary.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6),
(7), (8), or (9) of this section, except as
otherwise provided in
this division, a mandatory jail term of at
least three consecutive
days and a requirement that the offender
attend, for three
consecutive days, a drivers' intervention
program that is
certified pursuant to section 3793.10 of the
Revised Code. As
used in this division, three consecutive days
means seventy-two consecutive
hours. If the court determines that
the offender is not
conducive to treatment in a drivers'
intervention program, if the
offender refuses to attend a drivers'
intervention program, or if the jail at
which the offender is to
serve the jail term imposed can provide a
driver's intervention
program, the court shall sentence the
offender to a mandatory jail
term of at least six consecutive
days.
The court may require the offender,
as a condition of
probation
under a community control sanction imposed under section
2929.25 of the Revised Code,
to attend and satisfactorily complete
any treatment or
education
programs that comply with the minimum
standards adopted
pursuant to
Chapter 3793. of the Revised Code by
the director of
alcohol and drug addiction services, in addition
to the required
attendance at
drivers' intervention program, that
the operators of
the drivers' intervention
program determine that
the offender
should attend and to report periodically to the court
on the
offender's progress in the programs. The court also may
impose
any other conditions of
probation
community control on the
offender that it
considers necessary.
(iii)
In all cases,
a fine of not less than two hundred
fifty
and not more than one
thousand dollars;
(iv)
In all cases, a class five license suspension of the
offender's driver's or commercial driver's license or permit or
nonresident
operating privilege from the range specified in
division (A)(5) of
section 4510.02 of the Revised Code. The court
may grant limited driving privileges
relative to the suspension
under sections 4510.021 and 4510.13 of the
Revised
Code.
(b)
Except as otherwise provided in division
(G)(1)(e)
of
this section,
an offender who, within six years of the offense,
previously
has been convicted of or pleaded guilty to one
violation of division
(A) or (B) of this section or one other
equivalent offense
is guilty of a misdemeanor of the first degree.
The court shall sentence the
offender to all of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, a
mandatory jail term
of ten consecutive days. The court
shall
impose the ten-day mandatory jail term under this division unless,
subject to division (G)(3) of this section, it instead
imposes a
sentence under that division consisting of both a jail term and a
term of
electronically
monitored
house arrest
with electronic
monitoring. The court may
impose a
jail term in addition to the
ten-day mandatory jail term.
The
cumulative jail
term imposed for
the offense shall not exceed
six
months.
In addition to the jail term or the term of
electronically
monitored house arrest
with electronic monitoring and jail term,
the court may require the
offender
to attend a drivers'
intervention program that is
certified pursuant to
section 3793.10
of the Revised Code. If the
operator of the
program determines
that the offender is alcohol
dependent, the
program shall notify
the court, and, subject to
division (I) of
this section, the court
shall order the offender
to obtain treatment through
an alcohol
and drug
addiction program
authorized by section 3793.02 of the
Revised
Code.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6),
(7), (8), or (9) of this section, except as
otherwise provided in
this division, a mandatory jail term of
twenty consecutive days. The court
shall impose the twenty-day
mandatory jail term under
this division unless, subject to
division (G)(3) of this section,
it instead imposes a sentence
under that division
consisting of both a jail term and a term of
electronically
monitored
house arrest
with electronic monitoring.
The court may impose a
jail term in
addition to the twenty-day
mandatory jail term. The
cumulative
jail term imposed for the
offense shall
not exceed six
months.
In addition to the jail term or the term of
electronically
monitored house arrest
with electronic monitoring and jail term,
the court may require the
offender
to attend a driver's
intervention program that is
certified pursuant to
section 3793.10
of the Revised Code. If the
operator of the
program determines
that the offender is alcohol
dependent, the
program shall notify
the court, and, subject to
division (I) of
this section, the court
shall order the offender
to obtain
treatment through an alcohol
and drug addiction program
authorized
by section 3793.02 of the
Revised Code.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter
2929. of the Revised Code, a fine of not less than three
hundred fifty and not more than one thousand five hundred dollars;
(iv)
In all cases, a class four license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(4) of
section 4510.02 of
the Revised Code. The court may grant limited
driving
privileges relative to the suspension under sections
4510.021 and 4510.13 of
the Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, immobilization of the vehicle involved in the
offense for ninety days in
accordance with section
4503.233 of the
Revised Code and impoundment of the license plates
of that vehicle
for ninety days.
(c)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously
has been convicted of or pleaded guilty to two
violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a
misdemeanor. The court shall
sentence the offender to all
of the
following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, a
mandatory jail term
of thirty consecutive days. The court
shall
impose the thirty-day mandatory jail term under this division
unless, subject to division (G)(3) of this section, it
instead
imposes a sentence under that division consisting of both a jail
term and a term of
electronically
monitored house arrest
with
electronic monitoring. The
court may impose a
jail term in
addition to the
thirty-day
mandatory jail term.
Notwithstanding
the
jail terms
of imprisonment
set
forth in
Chapter
2929.
sections
2929.21 to 2929.28 of the Revised Code, the additional
jail
term
shall not
exceed one year, and the cumulative jail term
imposed
for the
offense shall not exceed
one year.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) of this section, a mandatory
jail term of
sixty
consecutive days. The court shall impose the
sixty-day mandatory jail
term under this division unless, subject
to division (G)(3)
of this section, it instead imposes a sentence
under that division
consisting of both a jail term
and a term of
electronically
monitored house arrest
with electronic monitoring.
The court may impose a
jail term in
addition to the sixty-day
mandatory jail term.
Notwithstanding
the
jail terms
of
imprisonment set forth in
Chapter
2929.
sections 2929.21 to
2929.28 of the
Revised Code, the additional jail term shall
not
exceed one year,
and the cumulative jail term imposed for the
offense
shall not
exceed one year.
(iii)
In all cases, notwithstanding the fines set forth in
Chapter 2929. of the Revised Code, a fine of not less than five
hundred fifty and
not more than two thousand five hundred dollars;
(iv)
In all cases, a class three license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(3) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's
name, criminal forfeiture of the vehicle involved in
the offense in
accordance with section
4503.234 of the Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of criminal forfeiture under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section
3793.02 of the Revised
Code, subject to division (I) of this
section.
(d)
Except as otherwise provided in division
(G)(1)(e)
of
this section, an offender who, within six
years of the offense,
previously has been
convicted of or pleaded guilty to three or
more violations of division
(A) or (B) of this section or other
equivalent offenses is
guilty of a felony of the fourth degree.
The court shall
sentence the offender to all of the following:
(i)
If the sentence is being imposed for a violation of
division
(A)(1), (2), (3), (4), or (5) of this section, in the
discretion of
the court, either a mandatory term of local
incarceration of sixty consecutive
days in accordance with
division (G)(1) of section 2929.13 of the Revised Code or a
mandatory prison term of sixty consecutive days
of imprisonment in
accordance
with division (G)(2) of that section. If the
court
imposes a mandatory term of local incarceration, it may impose a
jail
term in addition to the sixty-day mandatory term, the
cumulative total of the mandatory
term and the jail term for the
offense
shall not exceed one year, and no prison term is
authorized for the
offense. If the court imposes a mandatory
prison term, notwithstanding
division (A)(4) of section 2929.14 of
the Revised
Code, it also may sentence the offender to a definite
prison term
that shall be not less than six months and not more
than thirty months, the
prison terms shall be imposed as described
in division (G)(2) of
section 2929.13 of the Revised Code, and no
term of local
incarceration, community residential sanction, or
nonresidential sanction is
authorized for the offense.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) of this section, in the
discretion of the
court, either a mandatory term of local
incarceration of one
hundred twenty consecutive days in accordance
with division (G)(1)
of section 2929.13 of the Revised Code or a
mandatory prison
term of one hundred twenty consecutive days in
accordance with division
(G)(2) of that section. If the court
imposes a mandatory
term of local incarceration, it may impose a
jail term in addition to the one
hundred twenty-day mandatory
term, the cumulative total of the mandatory term
and the jail term
for
the offense shall not exceed one year, and no prison term is
authorized for the offense. If the court imposes a mandatory
prison term, notwithstanding division (A)(4) of section 2929.14 of
the Revised Code,
it also may sentence the offender to a definite
prison term that shall be not
less than six months and not more
than thirty months, the prison terms shall
be imposed as described
in division (G)(2) of section 2929.13 of the Revised Code,
and no
term of local incarceration, community residential sanction, or
nonresidential sanction is authorized for the offense.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle that is subject to an order of
criminal
forfeiture
under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program
authorized by section 3793.02 of the Revised
Code, subject to
division (I) of this section.
(vii)
In all cases, if the court sentences the offender to a
mandatory term of local incarceration, in addition to the
mandatory term, the
court, pursuant to section 2929.17 of the
Revised Code,
may impose a term
of
electronically monitored house
arrest
with electronic monitoring. The term shall not
commence
until after the
offender has
served the mandatory term of local
incarceration.
(e)
An offender who previously has been convicted of or
pleaded
guilty to a violation of
division (A) of this section that
was a felony, regardless
of when the violation and the conviction
or guilty plea occurred, is guilty of
a felony of the third
degree. The court shall sentence the offender to all of
the
following:
(i)
If the offender is being sentenced for a violation of
division (A)(1), (2), (3), (4), or (5) of this section, a
mandatory
prison term of sixty consecutive days in
accordance with
division (G)(2) of section 2929.13 of the Revised Code. The court
may impose a prison term in
addition to the sixty-day mandatory
prison term. The cumulative
total of
the mandatory prison term
and the additional prison term for the offense shall
not exceed
five years. No term of local incarceration, community residential
sanction, or nonresidential
sanction is authorized for the
offense.
(ii)
If the sentence is being imposed for a violation of
division
(A)(6), (7), (8), or (9) of this section, a mandatory
prison term of
one
hundred twenty consecutive days in accordance
with division (G)(2)
of section 2929.13 of the Revised Code. The
court may
impose a prison term in addition to the one hundred
twenty-day mandatory
prison term. The cumulative total of the
mandatory prison term and
the additional prison term for the
offense shall not exceed five
years. No term of local
incarceration, community residential
sanction, or nonresidential
sanction is authorized for the
offense.
(iii)
In all cases, notwithstanding section 2929.18 of the
Revised Code, a fine
of not less than eight hundred nor more than
ten thousand
dollars;
(iv)
In all cases, a class two license suspension of the
offender's driver's
license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(2) of
section 4510.02 of the
Revised Code. The court may grant limited
driving
privileges
relative to the suspension under sections
4510.021 and 4510.13 of the
Revised Code.
(v)
In all cases, if the vehicle is registered in the
offender's name, criminal forfeiture of the vehicle
involved
in
the offense
in accordance with section 4503.234 of the
Revised
Code. Division (G)(6) of this section applies regarding any
vehicle
that is subject to an order of
criminal
forfeiture under
this division.
(vi)
In all cases, participation in an alcohol and drug
addiction
program authorized by section 3793.02 of the Revised
Code,
subject to division (I) of this section.
(2) An offender who is convicted of or pleads guilty to a
violation of division (A) of this section and who subsequently
seeks reinstatement of the driver's or occupational driver's
license or permit
or nonresident operating privilege
suspended
under this section as a result of the conviction or
guilty plea
shall pay a reinstatement fee as provided in division
(F)(2) of
section 4511.191 of the Revised Code.
(3) If an offender is sentenced to a jail term under
division
(G)(1)(b)(i)
or (ii)
or
(G)(1)(c)(i)
or (ii)
of this
section and if,
within sixty days of
sentencing of the offender,
the court issues a written finding on the record
that, due to the
unavailability of space at the
jail where the offender is required
to serve the term, the offender will not
be able to begin serving
that term within the
sixty-day period following the date of
sentencing, the court may
impose an alternative sentence under
this division that includes a
term of
electronically monitored
house arrest, as defined in section 2929.23
of the Revised Code
with electronic monitoring.
As an alternative to a mandatory jail term of ten consecutive
days
required by division (G)(1)(b)(i) of this
section, the court,
under this division, may sentence the
offender to five consecutive
days in jail and not less than eighteen consecutive days of
electronically
monitored house arrest
with electronic monitoring.
The cumulative total of
the five consecutive days in
jail and the
period of
electronically
monitored house arrest
with electronic
monitoring shall
not exceed six months. The five
consecutive days
in jail do not
have to be served prior to or
consecutively to the
period of house
arrest.
As an alternative to the mandatory jail term of twenty
consecutive
days required by division (G)(1)(b)(ii)
of
this
section, the
court, under this division, may sentence the offender
to ten consecutive days
in jail and not less than thirty-six
consecutive days of
electronically
monitored
house arrest
with
electronic monitoring. The
cumulative total of the ten
consecutive days in
jail and the
period of
electronically
monitored house arrest
with electronic monitoring shall
not exceed
six months. The ten consecutive days in jail do not
have to be
served prior to or consecutively to the period of house
arrest.
As an alternative to a mandatory jail term of thirty
consecutive
days required by division (G)(1)(c)(i) of
this
section, the court,
under this division, may sentence the offender
to fifteen consecutive days in
jail and not less than fifty-five
consecutive days of
electronically
monitored house arrest
with
electronic monitoring. The
cumulative total of the fifteen
consecutive days in jail and the
period of
electronically
monitored house arrest
with electronic monitoring shall not exceed
one year. The fifteen
consecutive days in jail
do not have to be
served prior to or
consecutively to the period of house arrest.
As an alternative to the mandatory jail term of sixty
consecutive
days required by division (G)(1)(c)(ii)
of
this
section, the
court, under this division, may sentence the offender
to thirty
consecutive days in jail and not less than one hundred
ten
consecutive days of
electronically monitored house arrest
with
electronic monitoring.
The
cumulative total of the thirty
consecutive days in jail and
the
period of
electronically
monitored house arrest
with electronic monitoring shall not
exceed
one year. The thirty consecutive days in jail do not have
to be
served prior to or consecutively to the period of house
arrest.
(4) If an offender's driver's or occupational driver's
license or
permit or nonresident operating privilege is suspended
under division
(G) of this
section and if section 4510.13 of the
Revised Code permits the
court to grant limited driving
privileges, the court may
grant the limited driving privileges
only
if the court imposes as one of the conditions of the
privileges that the
offender must display on the vehicle that is
driven subject to the privileges
restricted license plates that
are issued under section 4503.231 of the Revised Code, except
as
provided in division (B) of that section.
(5) Fines imposed under this section for a violation of
division
(A) of this section shall be distributed as follows:
(a)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii), thirty-five
dollars of the fine imposed under
division
(G)(1)(b)(iii), one
hundred twenty-three dollars of the
fine imposed under division
(G)(1)(c)(iii),
and two hundred
ten
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to an enforcement
and
education fund established by the legislative authority of the law
enforcement
agency in this state that primarily was responsible
for the arrest of the
offender, as determined by the court that
imposes the fine. The agency shall
use this share to pay only
those costs it incurs in
enforcing this section or a municipal OVI
ordinance
and in informing the public of the laws governing the
operation of
a vehicle while under the influence of alcohol, the
dangers of
the operation of a vehicle under the influence of
alcohol, and other
information relating to the operation of a
vehicle under the influence of
alcohol and the consumption of
alcoholic beverages.
(b)
Fifty dollars of the fine imposed under division
(G)(1)(a)(iii)
of
this section shall be paid to the political
subdivision that pays the cost of
housing the offender during the
offender's term of incarceration. If the
offender is being
sentenced for a violation of division (A)(1),
(2), (3), (4), or
(5) of this section and was confined as a result of the
offense
prior to being
sentenced for the offense but is not sentenced to a
term of incarceration, the
fifty dollars shall
be paid to the
political subdivision that paid the cost of housing
the offender
during that period of confinement. The political subdivision
shall use the share under this division to pay or
reimburse
incarceration or treatment costs it incurs in housing or
providing
drug and alcohol treatment to persons who violate this
section or
a municipal OVI ordinance, costs of any immobilizing or
disabling
device used on the offender's vehicle, and costs of electronic
house
arrest equipment
needed for persons who violate this
section.
(c)
Twenty-five dollars of the fine imposed under division
(G)(1)(a)(iii)
and fifty
dollars of the fine imposed under
division
(G)(1)(b)(iii)
of this
section shall be deposited into
the county or municipal indigent drivers'
alcohol treatment fund
under the control of that
court, as created by the county or
municipal corporation under division
(N) of section 4511.191 of
the Revised Code.
(d)
One hundred fifteen dollars of the fine imposed under
division
(G)(1)(b)(iii),
two hundred seventy-seven
dollars of the
fine imposed under division
(G)(1)(c)(iii),
and four hundred forty
dollars of the fine imposed under division
(G)(1)(d)(iii) or
(e)(iii)
of this section shall be paid to the political
subdivision
that pays the cost of housing the offender during the
offender's term of
incarceration. The political subdivision shall
use
this share to pay or reimburse incarceration or treatment
costs it incurs in
housing or providing drug and alcohol treatment
to persons who
violate this section or a municipal OVI ordinance,
costs for any
immobilizing or disabling device used on the
offender's vehicle, and costs of electronic house arrest equipment
needed for
persons who violate this section.
(e)
The balance of the fine imposed under division
(G)(1)(a)(iii),
(b)(iii), (c)(iii),
(d)(iii),
or (e)(iii) of this
section
shall be
disbursed as otherwise provided by law.
(6) If title to a motor vehicle that is subject to an order
of criminal forfeiture under division (G)(1)(c), (d), or (e) of
this section is assigned or transferred and division (B)(2) or (3)
of section 4503.234 of the Revised Code applies, in addition to or
independent of any other penalty established by law, the court may
fine the offender the value of the vehicle as determined by
publications of the national auto dealers association. The
proceeds of any fine so imposed shall be distributed in accordance
with division (C)(2) of that section.
(7) As used in division (G) of this section, "electronic
monitoring," "mandatory prison term," and "mandatory term of local
incarceration" have the same meanings as in section 2929.01 of the
Revised Code.
(H) Whoever violates division (B) of this section is
guilty
of
operating a vehicle after underage alcohol consumption and
shall be
punished as follows:
(1) Except as otherwise provided in division (H)(2) of this
section, the offender is guilty of a misdemeanor of the fourth
degree. In
addition to any other sanction imposed for the
offense, the court shall impose a class six suspension of the
offender's
driver's license, commercial driver's license,
temporary instruction permit,
probationary license, or nonresident
operating privilege from the range
specified in division (A)(6) of
section
4510.02 of the Revised Code.
(2) If, within one year of the offense, the offender
previously
has been convicted of or pleaded guilty to one or more
violations of
division (A) or (B) of this section or other
equivalent
offense offenses, the
offender is guilty of a
misdemeanor of the third degree. In addition to any
other
sanction imposed
for the offense, the court shall impose a class
four suspension of the
offender's driver's license, commercial
driver's license, temporary
instruction permit, probationary
license, or nonresident operating privilege
from the range
specified in division (A)(4) of
section 4510.02 of the Revised
Code.
(I)(1)
No court shall sentence an offender to an alcohol
treatment program under this section unless the treatment program
complies
with the minimum standards for alcohol treatment programs
adopted
under Chapter 3793. of the Revised Code by the director of
alcohol
and drug addiction services.
(2) An offender who stays in a drivers' intervention program
or in an
alcohol treatment program under
an order issued under
this section shall pay the cost of the stay in the
program.
However, if the court determines that an offender who stays in an
alcohol treatment program under an order issued under this section
is unable
to
pay the cost of the stay in the program, the court
may order that the cost be
paid from the court's
indigent drivers'
alcohol treatment fund.
(J)
If a person whose driver's or commercial driver's
license
or
permit or nonresident operating privilege is suspended
under
this section
files an appeal regarding any aspect of the
person's
trial or sentence, the
appeal itself does not stay the
operation
of the suspension.
(K)
All terms defined in sections 4510.01 of the Revised
Code
apply to this section. If the meaning of a term defined in
section
4510.01 of the Revised Code conflicts with the meaning of
the same term as defined in section 4501.01 or 4511.01 of the
Revised Code, the term as
defined in section 4510.01 of the
Revised Code applies to this section.
(L)(1)
The Ohio Traffic Rules in effect
on
the effective date
of
this amendment
January 1, 2004, as adopted by the supreme court
under authority
of
section 2937.46 of the Revised Code, do not
apply to felony
violations of this section. Subject to division
(L)(2) of this
section, the Rules of Criminal Procedure apply to
felony
violations of this section.
(2) If, on or after
the effective date of
this
amendment
January 1, 2004,
the supreme court modifies the Ohio Traffic
Rules
to provide
procedures to govern felony violations of this
section,
the
modified rules shall apply to felony violations
of this
section.
Sec. 4511.213. (A) The driver of a motor vehicle, upon
approaching a stationary
public safety vehicle that is displaying
a flashing red light, flashing
combination red and white light,
oscillating or rotating red light,
oscillating or rotating
combination red and white light, flashing
blue light, flashing
combination blue and white light, oscillating
or rotating blue
light, or oscillating
or rotating combination blue and white
light, shall do either of the
following:
(1) If the driver of the motor vehicle is traveling on a
highway
that consists of at least two lanes that carry traffic in
the same
direction of travel as that of the driver's motor
vehicle, the driver
shall proceed with due caution and, if
possible and with due regard to
the road, weather, and traffic
conditions, shall change lanes into a
lane that is not adjacent to
that of the stationary public safety
vehicle.
(2) If the driver is not traveling on a highway of a type
described in
division (A)(1) of this section, or if the driver is
traveling on a
highway of that type but it is not possible to
change lanes or if to do so
would be
unsafe, the driver shall
proceed with due caution, reduce the speed of the
motor vehicle,
and maintain a safe speed for the road, weather, and traffic
conditions.
(B) This section does not relieve the driver of a public
safety
vehicle from the duty to drive with due regard for the
safety of all
persons and property upon the highway.
(C) No person shall fail to drive a motor vehicle in
compliance
with division (A)(1) or (2) of this section when so
required by
division (A) of this section.
(D)(1) Except as otherwise provided in this division,
whoever
violates
this section is guilty of a minor misdemeanor.
If,
within one year of
the offense, the offender previously has
been
convicted of or pleaded
guilty to one predicate motor vehicle
or
traffic offense, whoever
violates this section is guilty of a
misdemeanor of the fourth
degree. If, within one year of the
offense, the offender
previously has been convicted of two or more
predicate motor
vehicle or traffic offenses, whoever violates this
section is
guilty of a misdemeanor of the third degree.
(2) Notwithstanding section
2929.21
2929.28 of the Revised
Code,
upon a finding that a person operated a motor vehicle in
violation
of division (C) of this section, the court, in addition
to all
other penalties provided by law, shall impose a fine of two
times
the usual amount imposed for the violation.
(E) As used in this section, "public safety vehicle" has the
same
meaning as in section 4511.01 of the Revised Code.
Sec. 4511.512. (A)(1) Electric personal assistive mobility
devices may be operated on the public streets, highways,
sidewalks, and paths and portions of roadways set aside for the
exclusive use of bicycles in accordance with this section.
(2) Except as otherwise provided in this section, those
sections of this chapter that by their nature are applicable to an
electric personal assistive mobility device apply to the device
and the person operating it whenever it is operated upon any
public street, highway, sidewalk, or path or upon any portion of a
roadway set aside for the exclusive use of bicycles.
(3) A local authority may regulate or prohibit the
operation
of
electric personal assistive mobility devices on
public streets,
highways, sidewalks,
and paths, and portions of
roadways set aside
for the exclusive use of bicycles, under its
jurisdiction.
(B) No operator of an electric personal assistive mobility
device shall do any of the following:
(1) Fail to yield the right-of-way to all pedestrians and
human-powered vehicles at all times;
(2) Fail to give an audible signal before overtaking and
passing a pedestrian;
(3) Operate the device at night unless the device or its
operator is equipped with or wearing both of the following:
(a) A lamp pointing to the front that emits a white light
visible from a distance of not less than five hundred feet;
(b) A red reflector facing the rear that is visible from
all
distances from one hundred feet to six hundred feet when
directly
in front of lawful lower beams of head lamps on a motor
vehicle.
(4) Operate the device on any portion of a street or
highway
that has an established speed limit of fifty-five miles
per hour
or more;
(5) Operate the device upon any path set aside for the
exclusive use of pedestrians or other specialized use when an
appropriate sign giving notice of the specialized use is posted on
the path;
(6) If under eighteen years of age, operate the device
unless wearing a protective helmet on the person's head with the
chin strap properly fastened;
(7) If under sixteen years of age, operate the device
unless, during the operation, the person is under the direct
visual and audible supervision of another person who is eighteen
years of age or older and is responsible for the immediate care of
the person under sixteen years of age.
(C) No person who is under fourteen years of age shall
operate an electric personal assistive mobility device.
(D)
No person shall distribute
or sell an electric
personal
assistive mobility device unless the
device is
accompanied by a
written statement that is substantially
equivalent to the
following: "WARNING: TO REDUCE THE RISK OF
SERIOUS INJURY,
USE
ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT
–
HELMET, WRIST
GUARDS, ELBOW PADS, AND KNEE PADS."
(E) Nothing in this section affects or shall be construed to
affect any
rule of the director of natural resources or a board of
park
district commissioners governing the operation of vehicles on
lands under the control of the director or board, as applicable.
(F)(1) Whoever violates division (B) or (C) of this section
is guilty of a minor misdemeanor and shall be punished as follows:
(a) The offender shall be fined ten dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (B) or (C) of this
section or a substantially similar municipal ordinance, the court,
in addition to imposing the fine required under division (F)(1) of
this section, shall do one of the following:
(i) Order the impoundment for not less than one day but
not more than thirty days of the electric personal assistive
mobility device that was involved in the current violation of that
division. The court shall order the device to be impounded at a
safe indoor location designated by the court and may assess
storage fees of not more than five dollars per day, provided the
total storage, processing, and release fees assessed against the
offender or the device in connection with the device's impoundment
or subsequent release shall not exceed fifty dollars.
(ii) If the court does not issue an impoundment order
pursuant to division (F)(1)(b)(i) of this section, issue an order
prohibiting the offender from operating any electric personal
assistive mobility device on the public streets, highways,
sidewalks, and paths and portions of roadways set aside for the
exclusive use of bicycles for not less than one day but not more
than thirty days.
(2) Whoever violates division (D) of this section is
guilty of a minor misdemeanor.
Sec. 4511.69. (A) Every vehicle stopped or parked upon a
roadway where there is an adjacent curb shall be stopped or
parked
with the right-hand wheels of the vehicle parallel with
and not
more than twelve inches from the right-hand curb, unless
it is
impossible to approach so close to the curb; in such case
the stop
shall be made as close to the curb as possible and only
for the
time necessary to discharge and receive passengers or to
load or
unload merchandise. Local authorities by ordinance
may permit
angle parking on any roadway under their jurisdiction,
except that
angle parking shall not be permitted on a state route
within a
municipal corporation unless an unoccupied roadway width
of not
less than twenty-five feet is available for free-moving
traffic.
(B) Local authorities by ordinance may permit parking of
vehicles with the left-hand wheels adjacent to and within twelve
inches of the left-hand curb of a one-way roadway.
(C) No vehicle or trackless trolley shall be stopped or
parked on a road or highway with the vehicle or trackless trolley
facing in a direction other than the direction of travel on that
side of the road or highway.
(D) Notwithstanding any statute or any rule, resolution,
or
ordinance adopted by any local authority, air compressors,
tractors, trucks, and other equipment, while being used in the
construction, reconstruction, installation, repair, or removal of
facilities near, on, over, or under a street or highway, may
stop,
stand, or park where necessary in order to perform such
work,
provided a flagperson is on duty or warning signs
or
lights are
displayed as may be prescribed by the director of transportation.
(E) Special parking locations and privileges for persons
with disabilities that limit or impair the ability to walk, also
known as handicapped parking spaces or disability parking spaces,
shall be provided and designated by all political subdivisions
and
by the state and all agencies and instrumentalities thereof
at all
offices and facilities, where parking is provided, whether
owned,
rented, or leased, and at all publicly owned parking
garages. The
locations shall be designated through the posting
of an elevated
sign, whether permanently affixed or movable,
imprinted with the
international symbol of access and shall be
reasonably close to
exits, entrances, elevators, and ramps. All
elevated signs posted
in accordance with this division and
division (C) of section
3781.111 of the Revised
Code shall be
mounted on a fixed or
movable post, and the distance from the
ground to the top edge of
the sign shall measure five feet. If a new sign or
a replacement
sign designating a special parking location
is posted on or after
October
14, 1999, there also
shall
be affixed upon the surface of
that sign or affixed next to
the designating
sign a notice that
states the fine
applicable for
the offense of parking a motor
vehicle in the
special designated
parking location if the motor
vehicle is not
legally entitled to
be parked in that location.
(F)(1) No person shall stop, stand, or park any motor
vehicle
at special parking locations provided under division (E)
of this
section or at special clearly marked parking locations
provided
in or on privately owned parking lots, parking garages,
or other
parking areas and designated in accordance with that
division,
unless one of the following applies:
(a) The motor vehicle is being operated by or for the
transport of a person with a disability that limits or impairs
the
ability to walk and is displaying a valid removable
windshield
placard or special license plates;
(b) The motor vehicle is being operated by or for the
transport of a handicapped person and is displaying a parking
card
or special handicapped license plates.
(2) Any motor vehicle that is parked in a special marked
parking
location in
violation of division (F)(1)(a) or (b)
of this
section may be towed or otherwise
removed from the parking
location by the law enforcement agency of the
political
subdivision in which the parking location is located. A motor
vehicle that is so towed or removed shall not be released to its
owner until
the owner presents proof of ownership of the motor
vehicle and pays all towing
and storage fees normally imposed by
that political subdivision for towing
and storing motor vehicles.
If the motor vehicle is a leased vehicle, it
shall not be released
to the lessee until the lessee presents proof that that
person is
the lessee of the motor vehicle and pays all towing and storage
fees
normally imposed by that political subdivision for towing and
storing motor
vehicles.
(3) If a person is charged with a violation of division
(F)(1)(a)
or (b) of this section, it is an affirmative defense to
the
charge that the person suffered an injury not more than
seventy-two hours
prior
to the time the person was issued the
ticket or citation and that, because of
the injury, the person
meets at least one of the criteria
contained in division (A)(1) of
section 4503.44 of the
Revised
Code.
(G) When a motor vehicle is being operated by or for the
transport of a person with a disability that limits or impairs
the
ability to walk and is displaying a removable windshield
placard
or a temporary removable windshield placard or special
license
plates, or when a motor vehicle is being operated by or
for the
transport of a handicapped person and is displaying a
parking card
or special handicapped license plates, the motor
vehicle is
permitted to park for a period of two hours
in
excess of the legal
parking period permitted by local
authorities, except where local
ordinances or police rules
provide otherwise or where the vehicle
is parked in such a manner
as to be clearly a traffic hazard.
(H) No owner of an office, facility, or parking garage
where
special parking locations are required to be
designated in
accordance
with division (E) of this section shall fail to
properly mark the
special parking locations in accordance with
that
division or fail to
maintain the markings of the special
locations, including the
erection and maintenance of the fixed or
movable signs.
(I) Nothing in this section shall be construed to
require a
person or organization to apply for a removable windshield
placard
or special license plates if the parking card or special
license
plates issued to the person or organization under prior
law have
not expired or been surrendered or revoked.
(J)(1) Whoever violates division (A) or (C)
of this section
is guilty of a minor misdemeanor.
(2)(a) Whoever violates division (F)(1)(a)
or
(b) of this
section is
guilty of a misdemeanor and
shall be punished as
provided
in division (J)(2)(a) and (b) of this
section. Except as
otherwise provided in division (J)(2)(a) of this
section, an
offender who violates division (F)(1)(a) or
(b) of this section
shall be fined not less than two hundred fifty nor
more than five
hundred dollars. An
offender who
violates division (F)(1)(a) or
(b) of
this section shall be fined
not more than one hundred
dollars if the offender, prior to sentencing,
proves either of the
following to the satisfaction of the court:
(i) At the time of the violation of division
(F)(1)(a) of
this
section, the offender or the person for whose transport the
motor
vehicle was being operated had been issued a removable
windshield
placard that then was valid or special license plates
that then
were valid but the offender or the person neglected to
display the
placard or license plates as described in division
(F)(1)(a) of
this section.
(ii) At the time of the violation of division
(F)(1)(b) of
this
section, the offender or the person for whose transport the
motor
vehicle was being operated had been issued a parking card
that
then was valid or special handicapped license plates that
then
were valid but the offender or the person neglected to
display the
card or license plates as described in division
(F)(1)(b) of this
section.
(b) In no case shall an offender who violates division
(F)(1)(a) or (b) of this section be
sentenced
to any term
of
imprisonment.
An arrest or conviction for a violation of division
(F)(1)(a)
or (b) of this section does not
constitute a criminal record and
need not be reported
by the person so arrested or convicted in
response to any inquiries contained
in any application for
employment, license, or other right or privilege, or made in
connection with the person's appearance as a witness.
The clerk of the court shall pay every fine collected under
division
(J)(2) of this section to the political subdivision in
which the
violation
occurred. Except as provided in division
(J)(2) of this section, the
political
subdivision shall use the
fine moneys it receives under
division (J)(2) of this section to
pay the expenses it incurs in
complying with the signage and
notice requirements contained in division (E) of
this section.
The
political subdivision may use up to fifty per cent of each
fine it
receives
under division (J)(2) of this section to pay the
costs of
educational, advocacy, support, and
assistive technology
programs
for persons with disabilities, and for public
improvements within
the political subdivision that benefit or
assist persons with
disabilities, if governmental agencies or
nonprofit organizations
offer the programs.
(3) Whoever violates division (H) of this section shall be
punished as follows:
(a) Except as otherwise provided in division (J)(3) of
this
section, the offender shall be issued a warning.
(b) If the offender previously has been convicted of or
pleaded
guilty to a violation of division (H) of this section or
of a
municipal ordinance that is substantially similar to that
division, the
offender shall not be issued a warning but shall be
fined
not more than twenty-five dollars
for each parking location
that is not
properly marked or whose markings are
not properly
maintained.
(K) As used in this section:
(1) "Handicapped person" means any person who has lost the
use of one or both legs or one or both arms, who is blind, deaf,
or so severely handicapped as to be unable to move without the
aid
of crutches or a wheelchair, or whose mobility is restricted
by a
permanent cardiovascular, pulmonary, or other handicapping
condition.
(2) "Person with a disability that limits or impairs the
ability to walk" has the same meaning as in section 4503.44 of
the
Revised Code.
(3) "Special license plates" and "removable windshield
placard" mean any license plates or removable windshield placard
or temporary removable windshield placard issued under section
4503.41 or 4503.44 of the Revised Code, and also mean any
substantially similar license plates or removable windshield
placard or temporary removable windshield placard issued by a
state, district, country, or sovereignty.
Sec. 4511.99. Whoever violates any provision of sections
4511.01
to
4511.76
of the Revised Code for which no
penalty
otherwise is provided in
the section
violated is
guilty of one of
the following:
(A) Except as otherwise provided in division
(B) or
(C) of
this
section, a minor
misdemeanor;
(B) If, within one year of the offense, the offender
previously has been convicted of
or pleaded guilty to one
predicate motor
vehicle or traffic offense, a
misdemeanor of the
fourth
degree;
(C) If, within one year of the offense, the offender
previously has been convicted of or pleaded guilty to two or more
predicate motor vehicle or
traffic offenses, a misdemeanor of the
third
degree.
(Q)(1) Whoever violates division (B) or (C) of section
4511.512 of
the Revised Code is guilty of a minor misdemeanor and
shall be punished as follows:
(a) The offender
shall be fined ten dollars.
(b) If the offender previously has been convicted of or
pleaded guilty to a violation of division (B) or (C) of section
4511.512
of the Revised Code or a substantially similar municipal
ordinance, the court, in addition to imposing the fine required
under division
(Q)(1)(a) of this section, shall do one of the
following:
(i) Order the impoundment for not less than one day but not
more
than thirty days of the electric personal assistive mobility
device that was involved in the current violation of that
division. The court shall order the device to be impounded at a
safe indoor location designated by the court and may assess
storage fees of not more than five dollars per day, provided the
total storage, processing, and release fees
assessed against the
offender or the device in connection with
the
device's impoundment
or subsequent release shall not exceed fifty dollars.
(ii) If the court does not issue an impoundment order
pursuant to division
(Q)(1)(b)(i) of this section, issue an order
prohibiting the offender from operating any electric personal
assistive mobility device on the public streets, highways,
sidewalks, and paths and portions of roadways set aside for the
exclusive use of bicycles for not less than one day but not more
than thirty days.
(2) Whoever violates division (D) of section 4511.512
of
the
Revised Code is guilty of a minor misdemeanor.
Sec. 4717.05. (A) Any person who desires to
be licensed as
an embalmer shall apply to the board of embalmers
and funeral
directors on a form provided by the board. The
applicant shall
include with the application an initial license
fee as set forth
in section 4717.07 of the Revised
Code and evidence, verified by
oath and satisfactory to
the board, that the applicant meets all
of the following requirements:
(1) The applicant is at least eighteen years of age and of
good moral
character.
(2) If the applicant has pleaded guilty to, has been found
by
a judge or jury to be guilty of, or has had a judicial finding
of eligibility for treatment in lieu of conviction entered
against
the applicant in this state for aggravated murder,
murder,
voluntary manslaughter, felonious assault, kidnapping,
rape,
sexual battery, gross sexual imposition, aggravated arson,
aggravated robbery, or aggravated burglary, or has pleaded guilty
to, has been found by a judge or jury to be guilty of, or has
had
a judicial finding of eligibility for treatment in lieu of
conviction entered against the applicant in another jurisdiction
for
a substantially equivalent offense, at least five years has
elapsed since the applicant was released from incarceration,
probation
a community control sanction, a post-release control
sanction, parole, or treatment in connection with the offense.
(3) The applicant holds at least a bachelor's degree from a
college or
university authorized to confer
degrees by the Ohio
board of regents or the comparable
legal agency of another state
in which the college or university
is located and submits an
official transcript from that college or university
with the
application.
(4) The applicant has satisfactorily
completed at least
twelve months of instruction in a prescribed
course in mortuary
science as approved by the board and has
presented to the board a
certificate showing successful completion of the
course. The
course of mortuary science college training may be completed
either before or after the completion of the educational standard
set forth in
division (A)(3) of this section.
(5) The applicant has registered with the board prior to
beginning an
embalmer apprenticeship.
(6) The applicant has satisfactorily completed at least one
year
of apprenticeship under an embalmer licensed in this state
and
has assisted that person in embalming at least twenty-five
dead
human bodies.
(7) The applicant, upon meeting the educational
standards
provided for in divisions (A)(3) and (4) of
this section and
completing the apprenticeship required in division
(A)(6) of this
section, has completed the examination for an
embalmer's license
required by the board.
(B) Upon receiving satisfactory evidence
verified by oath
that the applicant meets all the requirements of
division (A) of
this section, the board shall issue the
applicant an embalmer's
license.
(C) Any person who desires to be licensed as a
funeral
director shall apply to the board on a form provided by
the board.
The application shall include an initial license fee
as set forth
in section 4717.07 of the Revised
Code and evidence, verified by
oath and satisfactory to
the board, that the applicant meets all
of the following requirements:
(1) Except as otherwise provided in division
(D) of this
section, the applicant has satisfactorily met all the
requirements
for an embalmer's license as described in divisions
(A)(1) to (4)
of this section.
(2) The applicant has registered with the board prior to
beginning a
funeral director apprenticeship.
(3) The applicant, following mortuary science college
training
described in division (A)(4) of this section, has served
a
one-year apprenticeship under a licensed funeral director in
this
state and has assisted that person in directing at least
twenty-five funerals.
(4) The applicant has satisfactorily completed the
examination for
a funeral director's license as required by the
board.
(D) In lieu of mortuary science college
training required
for a funeral
director's license under division (C)(1) of this
section,
the applicant may substitute a two-year apprenticeship
under a
licensed funeral director in this state assisting that
person in
directing at least fifty funerals.
(E) Upon receiving satisfactory evidence that
the applicant
meets all the requirements of division (C)
of this section, the
board shall issue to the applicant a funeral
director's license.
(F) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 4734.35. (A) As used in this section,
"prosecutor" has
the same meaning as in section 2935.01
of the Revised Code.
(B) The prosecutor in any case against any
chiropractor
holding a valid license issued under this
chapter shall promptly
notify the state chiropractic board of any of the
following:
(1) A plea of guilty to, or a finding of guilt
by a jury or
court of, a felony, or a case in which the trial court issues an
order of
dismissal upon technical or procedural grounds of a
felony
charge;
(2) A plea of guilty to, or a finding of guilt
by a jury or
court of, a misdemeanor committed in the course of practice, or a
case
in which the trial court issues an order of dismissal upon
technical
or procedural grounds of a charge of a misdemeanor, if
the
alleged act was committed in the course of practice;
(3) A plea of guilty to, or a finding of guilt
by a jury or
court of, a misdemeanor involving moral turpitude, or a case in
which the trial court issues an order of dismissal upon technical
or
procedural grounds of a charge of a misdemeanor involving moral
turpitude.
(C) The report shall include the name and address of the
chiropractor, the nature of the offense for which the
action was
taken, and the certified court documents recording the
action.
The
board may prescribe and provide forms for prosecutors to make
reports under this section. The form may be the same as the form
required to
be provided under section
2929.24
2929.42 of the
Revised Code.
Sec. 4761.13. (A) As used in this section,
"prosecutor" has
the same meaning as in section 2935.01
of the Revised Code.
(B) The prosecutor in any case against any
respiratory care
professional or an individual holding a limited permit issued
under this chapter shall promptly notify the Ohio respiratory care
board of any of the following:
(1) A plea of guilty to, or a finding of guilt
by a jury or
court of, a felony, or a case in which the trial court issues an
order of
dismissal upon technical or procedural grounds of a
felony
charge;
(2) A plea of guilty to, or a finding of guilt
by a jury or
court of, a misdemeanor committed in the course of practice, or a
case
in which the trial court issues an order of dismissal upon
technical
or procedural grounds of a charge of a misdemeanor, if
the
alleged act was committed in the course of practice;
(3) A plea of guilty to, or a finding of guilt
by a jury or
court of, a misdemeanor involving moral turpitude, or a case in
which the trial court issues an order of dismissal upon technical
or
procedural grounds of a charge of a misdemeanor involving moral
turpitude.
(C) The report shall include the name and address of the
respiratory care professional or person holding a limited permit,
the nature
of the offense for which the
action was taken, and the
certified court documents recording the
action. The board may
prescribe and provide forms for prosecutors to make
reports under
this section. The form may be the same as the form required to
be
provided under section
2929.24
2929.42 of the Revised Code.
Sec. 4973.171. (A) As used in this section,
"felony"
has
the same meaning as in section 109.511 of the Revised Code.
(B)(1) The governor shall not appoint or
commission a person
as a police officer for a railroad company
under division (B) of
section 4973.17 of the
Revised Code and shall not appoint or
commission
a person as a police officer for a hospital under
division
(D) of section 4973.17 of the Revised
Code on a permanent
basis, on a temporary basis, for a
probationary term, or on other
than a permanent basis if the
person previously has been convicted
of or has pleaded guilty to
a felony.
(2)(a) The governor shall revoke the
appointment or
commission of a person appointed or commissioned
as a police
officer for a railroad company or as a police officer
for a
hospital under division (B) or (D) of
section 4973.17 of the
Revised Code if that
person does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.29
2929.43 of the Revised Code in which the
person agrees to
surrender the certificate awarded to that
person under section
109.77 of the Revised Code.
(b) The governor shall suspend the appointment
or commission
of a person appointed or commissioned as a police
officer for a
railroad company or as a police officer for a
hospital under
division (B) or (D) of section
4973.17 of the Revised Code if that
person is
convicted, after trial, of a felony. If the person
files an appeal from that conviction and the conviction is upheld
by the
highest court to which the
appeal is taken or if the person
does not file a timely appeal,
the governor shall revoke the
appointment or commission of that
person as a police officer for a
railroad company or as a police
officer for a hospital. If the
person files an appeal that
results in that person's acquittal of
the felony or
conviction of a misdemeanor, or in
the dismissal of
the felony charge against that person, the
governor shall
reinstate the appointment or commission of that
person as a police
officer for a railroad company or as a police
officer for a
hospital. A person whose appointment or commission
is reinstated
under division (B)(2)(b) of
this section shall not receive any
back pay unless that person's conviction
of the felony was
reversed on appeal, or the
felony charge was dismissed, because
the court
found insufficient evidence to convict the person of the
felony.
(3) Division (B) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension or revocation of the appointment or
commission of a
person as a police officer for a railroad company
or as a police officer for a
hospital under division (B)(2) of
this section shall be in accordance
with Chapter 119. of the
Revised Code.
Sec. 5101.28. (A) The department of job and
family services
shall enter into written agreements
with law enforcement agencies
to exchange, obtain, or share
information regarding public
assistance recipients to enable the department, county
agencies,
and law enforcement agencies to determine whether a recipient or a
member of a recipient's assistance group
is either of the
following:
(2) Violating a condition of probation, a community control
sanction,
parole, or a post-release control sanction imposed under
state or federal law.
(B) The department and county
agencies shall provide
information regarding recipients of public assistance
under a
program administered by the state department or a county agency
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to
law
enforcement agencies on request
for the purposes of
investigations, prosecutions, and criminal
and civil proceedings
that are within the scope of the law enforcement
agencies'
official duties.
(C) Information about a recipient shall be exchanged,
obtained,
or shared only if the department, county agency, or law
enforcement agency
requesting the information gives sufficient
information to specifically
identify the recipient. In addition
to the recipient's name, identifying
information may include the
recipient's current or last known address, social
security number,
other identifying number, age, gender, physical
characteristics,
any information specified in an agreement entered into under
division (A) of this section, or any information considered
appropriate by the department or agency.
(D)(1) The department and its officers and employees are
not
liable in damages in a civil action for any injury, death, or loss
to
person or property that allegedly arises from the release of
information
in accordance with divisions (A), (B), and (C) of
this
section. This section does
not affect any immunity or
defense
that the department and its officers and employees may be
entitled
to
under another section of the Revised Code or the common law
of
this state,
including section 9.86 of the Revised Code.
(2) The county agencies and their employees are not liable
in damages in
a civil action for any injury, death, or loss to
person or property that
allegedly arises from the release of
information in accordance with divisions
(A), (B), and (C) of this
section.
"Employee" has the same meaning as in division
(B) of
section 2744.01 of the Revised Code. This section does not affect
any
immunity or defense that the county agencies and their
employees may be
entitled to under
another section of the Revised
Code or the common law of
this state,
including section 2744.02
and division (A)(6)
of section 2744.03 of the Revised Code.
(E) To the extent permitted by federal law, the department
and county agencies shall provide access to information to the
auditor of
state acting pursuant to Chapter 117. or sections
5101.181 and
5101.182 of the Revised Code and to any other
government entity authorized by
or federal law to conduct an audit
of or similar activity
involving a public assistance program.
(F) The auditor of state shall prepare an annual
report on
the outcome of the agreements required under division
(A) of this
section. The
report shall include the number of fugitive felons
and, probation
and parole violators, and violators of community
control sanctions and post-release control sanctions apprehended
during the immediately
preceding year as a result of the exchange
of
information pursuant to that division. The
auditor of state
shall file the report with the governor, the
president and
minority leader of the senate, and the speaker and
minority leader
of the house of representatives.
The state department, county
agencies, and law enforcement
agencies shall cooperate with the
auditor of state's office in gathering
the information required
under this division.
(G) To the extent permitted by federal law, the department
of
job and family services, county departments of
job and family
services, and employees of
the departments may report to a public
children services agency
or other appropriate agency information
on known or suspected
physical or mental injury, sexual abuse or
exploitation, or
negligent treatment or maltreatment, of a child
receiving public
assistance, if circumstances indicate that the
child's health or
welfare is threatened.
(H) As used in this section:
(1) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(2) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code.
Sec. 5101.45. The necessary expenses of such officers and
employees of the
state, county, and municipal boards, benevolent
and correctional
institutions,
officials responsible for the
administration of public funds used
for the
relief and maintenance
of the poor, officials authorized to
administer
probation laws
on
community control sanctions, and members of the boards of county
visitors as
are invited by
the department of job and family
services to the conferences provided
for
in section
5101.44 of the
Revised Code, shall be paid from any fund
available for their
respective offices, boards, and institutions, provided they first
procure a
certificate from the director of job and family services
as evidence that
they were
invited to and were in attendance at
the sessions of such conferences.
As used in this section, "community control sanction" has the
same meaning as in section 2929.01 of the Revised Code.
Sec. 5119.14. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) Subject to division (C) of this section, upon
the
recommendation of the director of
mental health, the managing
officer of an institution under the
jurisdiction of the department
of mental health may designate one
or more employees to be special
police officers of the
department. The
special police officers
shall take an oath of office,
wear the badge of
office, and give
bond for the proper and faithful discharge of their
duties in an
amount that the director requires.
(2) In accordance with section 109.77 of the Revised Code,
the
special police officers shall be required to complete
successfully a
peace officer basic training program approved by
the Ohio peace
officer training commission and to be certified by
the commission. The
cost of the training shall be paid by the
department of mental
health.
(3) Special
police officers police officers, on the premises
of
institutions
under the jurisdiction of the department of mental
health and
subject to the rules of the department, shall protect
the property of the
institutions and the persons and property of
patients in the
institutions, suppress riots, disturbances, and
breaches of the
peace, and enforce the laws of the state and the
rules of the
department for the preservation of good order. They
may arrest
any person without a warrant and detain the person
until a
warrant can be obtained under the circumstances described
in
division (F) of section 2935.03 of the Revised Code.
(C)(1) The managing officer of an institution
under the
jurisdiction of the department of mental health shall
not
designate an employee as a special police officer of the
department pursuant to division (B)(1) of this section on
a
permanent basis, on a temporary basis, for a probationary term,
or
on other than a permanent basis if the employee previously has
been convicted of or has pleaded guilty to a felony.
(2)(a) The managing officer of an institution
under the
jurisdiction of the department of mental health shall
terminate
the employment as a special police officer of the department
of an
employee designated as a special police officer under division
(B)(1) of this section if that employee does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.29
2929.43 of the Revised Code in which the
employee agrees to
surrender the certificate awarded to that
employee under section
109.77 of the Revised Code.
(b) The managing officer shall suspend from
employment as a
special police officer of the department an employee
designated as
a special police officer under division (B)(1)
of this section if
that employee is convicted, after trial, of a
felony. If the
special police officer files an appeal
from that conviction and
the
conviction is upheld by the highest court to which the appeal
is
taken or if the special police officer does not file a timely
appeal,
the managing officer shall terminate the employment of
that
special police officer. If the special police officer files
an appeal that
results in that special police officer's acquittal
of the felony
or conviction of a misdemeanor, or
in the dismissal
of the felony charge against that special
police officer, the
managing officer shall reinstate that special police officer. A
special police officer of the department who is reinstated under
division (C)(2)(b) of this section shall
not receive any back pay
unless that special police officer's conviction of
the
felony was
reversed on appeal, or the felony charge was dismissed, because
the
court found
insufficient evidence to convict the special
police officer of the
felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a special police officer under division (C)(2)
of this section
shall be in accordance with Chapter 119. of the
Revised Code.
Sec. 5120.10. (A)(1) The director of rehabilitation and
correction, by rule, shall promulgate minimum standards for jails
in Ohio, including minimum security jails dedicated
under section
341.34 or 753.21 of the Revised Code. Whenever the
director files
a rule or an amendment to a rule in final form
with both the
secretary of state and the director of the
legislative service
commission pursuant to section 111.15 of the
Revised Code, the
director of rehabilitation and correction
promptly shall send a
copy of the rule or
amendment, if the rule or amendment pertains
to minimum jail
standards, by ordinary mail to the political
subdivisions or affiliations of
political subdivisions that
operate jails to which the standards apply.
(2) The rules promulgated in accordance with division
(A)(1)
of this section shall serve as criteria for the
investigative and
supervisory powers and duties vested by
division (D) of this
section in the division of parole and
community services of the
department of rehabilitation and
correction or in another division
of the department to which
those powers and duties are assigned.
(B) The director may initiate an action in the court of
common pleas of the county in which a facility that is subject
to
the rules promulgated under division (A)(1) of this
section is
situated to enjoin compliance
with the minimum standards for jails
or with the minimum
standards and minimum renovation,
modification, and construction
criteria for minimum security
jails.
(C) Upon the request of an administrator of a jail
facility,
the chief executive of a municipal corporation, or a
board of
county commissioners, the director of rehabilitation and
correction or the director's designee shall grant a variance
from
the minimum standards for jails in Ohio for a facility that is
subject to one of those minimum standards when the
director
determines that strict compliance with the minimum standards
would
cause unusual, practical difficulties or financial
hardship, that
existing or alternative practices meet the intent
of the minimum
standards, and that granting a variance would not
seriously affect
the security of the facility, the supervision of
the inmates, or
the safe, healthful operation of the facility. If the
director or
the director's designee denies a variance, the applicant
may
appeal the denial pursuant to section 119.12 of the Revised
Code.
(D) The following powers and duties shall be exercised by
the division of parole and community services unless assigned to
another division by the director:
(1) The investigation and supervision of county and
municipal jails, workhouses, minimum security jails,
and other
correctional institutions and agencies;
(2)
The review and approval of plans submitted to the
department of rehabilitation and correction pursuant to division
(E) of this section;
(3) The management and supervision of the adult parole
authority created by section 5149.02 of the Revised Code;
(4) The review and approval of proposals for
community-based
correctional
facilities and programs and district
community-based
correctional facilities
and programs that are
submitted pursuant
to division (B) of section 2301.51 of
the
Revised Code;
(5) The distribution of funds made available to the
division
for purposes of
assisting in the renovation, maintenance,
and
operation of community-based
correctional facilities and
programs
and district community-based correctional
facilities and
programs
in accordance with section 5120.112 of the Revised
Code;
(6) The performance of the duty imposed upon the
department
of rehabilitation
and correction in section 5149.31 of
the Revised
Code to establish and
administer a program of
subsidies to
eligible municipal corporations, counties,
and groups
of
contiguous counties for the development, implementation, and
operation of community-based corrections programs;
(7) Licensing halfway houses and community residential
centers for the care
and treatment of adult offenders in
accordance with section 2967.14 of the
Revised Code;
(8) Contracting with a public or private agency or a
department or political
subdivision of the state that operates a
licensed halfway house or community
residential center for the
provision of housing, supervision, and other
services to parolees,
releasees, persons placed under a residential sanction, persons
under transitional control,
and
probationers
other eligible
offenders in accordance with section 2967.14 of
the Revised
Code.
Other powers and duties may be assigned by the director of
rehabilitation and correction to the division of parole and
community services. This section does not apply to the
department
of youth services or its institutions or employees.
(E) No plan for any new jail, workhouse, or lockup, and no
plan for a substantial addition or alteration to an existing jail,
workhouse, or lockup, shall be adopted unless the officials
responsible for adopting the plan have submitted the plan to the
department of rehabilitation and correction for approval, and the
department has approved the plan as provided in division (D)(2) of
this section.
Sec. 5120.102. As used in sections 5120.102 to 5120.105 of
the Revised Code:
(A)
"Private, nonprofit organization" means a private
association,
organization, corporation, or other entity that is
exempt from federal income
taxation under section 501(a) and is
described in section 501(c) of the
"Internal Revenue Code of
1986," 100 Stat.
2085, 26 U.S.C.A. 501, as amended.
(B)
"Governmental agency" means a state agency; a municipal
corporation,
county, township, other political subdivision or
special district in this
state established by or pursuant to law,
or a combination of those political
subdivisions or special
districts; the United States or a department,
division, or agency
of the United States; or an agency, commission, or
authority
established pursuant to an interstate
compact or agreement.
(C)
"State agency" means the state or one of its branches,
offices, boards,
commissions, authorities, departments, divisions,
or other units or agencies
of the state.
(D)
"Halfway house organization" means a private, nonprofit
organization or a
governmental agency that provides programs or
activities in
areas directly concerned with housing and monitoring
offenders who are
under
the community supervision of the
department of rehabilitation
and correction or whom a court places
in a halfway house pursuant to
section 2929.16
or
2929.26 of the
Revised Code.
(E)
"Halfway house facility" means a capital facility in
this
state to which
all of the following apply:
(1) The construction of the capital facility is
authorized
or funded by the general assembly pursuant to
division (C) of
section 5120.105 of the Revised Code.
(2) The state owns or has a sufficient real property
interest in the capital facility or in the site of the capital
facility for a period of not less than the greater of the useful
life of the capital facility, as determined by the director of
budget and management using the guidelines for maximum
maturities
as provided under divisions
(B), (C), and (E) of section 133.20 of
the Revised Code and certified to the
department of rehabilitation
and correction and the Ohio building authority,
or the final
maturity of obligations issued by the Ohio building authority to
finance the capital facility.
(3) The capital facility is managed directly by, or by
contract with, the department of rehabilitation and correction
and
is used for housing offenders who are under the community
supervision of the department of rehabilitation and correction or
whom a
court places in a halfway house pursuant to section 2929.16
or
2929.26 of the Revised
Code.
(F)
"Construction" includes
acquisition, demolition,
reconstruction, alteration, renovation,
remodeling, enlargement,
improvement, site improvements, and
related equipping and
furnishing.
(G)
"General building
services" means general building
services for a halfway house
facility that include, but are not
limited to, general custodial
care, security, maintenance, repair,
painting, decoration,
cleaning, utilities, fire safety, grounds
and site maintenance
and upkeep, and plumbing.
(H)
"Manage,"
"operate,"
or
"management" means the provision
of, or the exercise of
control over the provision of, activities
that relate to the
housing of offenders in correctional
facilities, including, but
not limited to, providing for release
services for offenders who
are under the community supervision of
the department of
rehabilitation and correction or are placed by a
court
in a halfway house pursuant to section 2929.16
or
2929.26 of
the Revised
Code, and who reside in halfway
house facilities.
Sec. 5120.103. (A) To the extent that funds are available,
the department
of rehabilitation and correction, in accordance
with this
section and sections 5120.104 and 5120.105 of the
Revised Code, may construct
or provide for the construction of
halfway house facilities for offenders
whom a court places in a
halfway house
pursuant to section 2929.16
or
2929.26 of the
Revised Code or
who are eligible
for community supervision by the
department of
rehabilitation and correction.
(B) A halfway house organization that seeks to assist in
the
program planning of a halfway house facility described in division
(A)
of this section shall file an application with the director of
rehabilitation and correction as set forth in a request for
proposal.
Upon the submission of an application, the
division of
parole and community services shall review it and, if
the division
believes it is appropriate, shall submit a
recommendation for its
approval to the director. When the
division submits a
recommendation for approval of an application,
the director may
approve the application. The director shall not
take action or
fail to take action, or
permit the taking of action or the failure
to take action, with respect to
halfway house facilities that
would adversely affect the
exclusion of interest on public
obligations or on fractionalized
interests in public obligations
from gross income for federal
income tax purposes, or the
classification or qualification of
the public obligations or the
interest on or fractionalized
interests in public obligations for,
or their exemption from,
other treatment under the Internal
Revenue Code.
(C) The director of rehabilitation and correction and the
halfway house organization may enter into an agreement
establishing terms for
the program planning of the halfway house
facility.
Any terms so established
shall conform to the terms of
any covenant or agreement pertaining to an
obligation from which
the funds used for the construction of the halfway house
facility
are derived.
(D) The director of rehabilitation and correction, in
accordance with Chapter 119. of the Revised Code, shall adopt
rules that specify procedures by which a halfway house
organization may apply
for a contract for program planning of a
halfway
house facility constructed under this section, procedures
for the department to follow in considering an application,
criteria for
granting approval of an application, and any other
rules that are necessary
for the selection of program
planners of
a halfway house facility.
Sec. 5120.56. (A) As used in
sections 5120.56
to 5120.58
of the Revised Code:
(1) "Ancillary services" means services provided to an
offender as
necessary for the particular circumstances of the
offender's personal
supervision, including, but not limited to,
specialized counseling, testing,
or
other services not included in
the calculation of residential or supervision
costs.
(2) "Cost debt" means a cost of incarceration or supervision
that may be
assessed against and collected from an offender as a
debt to the state as
described in division (D) of this
section.
(3) "Detention facility" means any place used for the
confinement of a
person charged with or convicted of any crime.
(4) "Offender" means any inmate, parolee,
probationer
person
placed under a community control sanction,
releasee, or other
person
who has been convicted of or pleaded
guilty to any felony
or misdemeanor and
is sentenced to any of the
following:
(a) A term of imprisonment, a prison term,
a jail term, or
another type
of
confinement in a
detention facility;
(b) Participation in another correctional program in lieu
of
incarceration.
(5) "Community control sanction," "prison term," and "jail
term" have the same meanings as in section 2929.01 of the Revised
Code.
(6) "Parolee" and "releasee" have the same meanings as in
section 2967.01 of the Revised Code.
(B) The department of rehabilitation
and correction may
recover from an offender who is in its custody or under its
supervision any cost debt described in division
(D) of this
section. To satisfy a cost debt
described in that division that
relates to an offender, the department may
apply directly assets
that are
in the department's possession and that are being held
for that offender
without
further proceedings in aid of execution,
and, if assets belonging to or
subject to
the direction of that
offender are in the possession of a third party, the
department
may request the attorney general to initiate proceedings to
collect
the assets from the third party to satisfy the cost debt.
(C) Except as otherwise provided in
division (E) or
(G) of
this section, all of the following
assets of an offender shall be
subject to attachment, collection, or
application toward the cost
debts described in division
(D) of this section that are to be
recovered under division
(B) of this section:
(1) Subject to division (E) of this section, any pay the
offender
receives from the state;
(2) Subject to division (E) of this section, any funds the
offender receives from persons on an approved visitor
list;
(3) Any liquid assets belonging to the offender and in the
custody of the
department;
(4) Any assets the offender acquires or any other income the
offender
earns
subsequent to the offender's commitment.
(D) Costs of incarceration or
supervision that may be
assessed against and collected from an offender under
division (B)
of this section as a
debt to the state shall include, but are not
limited to, all of the following
costs that accrue while the
offender is in the custody or under the
supervision of the
department:
(1) Any user fee or copayment for services at a detention
facility or
housing facility, including, but not limited to, a fee
or copayment for sick
call visits;
(2) Assessment for damage to or destruction of property in a
detention
facility subsequent to commitment;
(3) Restitution to an offender or to a staff member of a
state
correctional institution for theft, loss, or damage to the
personal property
of
the offender or staff member;
(4) The cost of housing and feeding the offender in a
detention
facility;
(5) The cost of supervision of the offender;
(6) The cost of any ancillary services provided to the
offender;
(7) The cost of any medical care provided to the offender.
(E) The cost of housing and feeding an
offender in a state
correctional institution shall not be collected from a
payment
made to the offender for performing an activity at a state job or
assignment that pays less than the minimum wage or from money the
offender
receives from visitors, unless the combined assets in the
offender's
institution personal account exceed, at any time, one
hundred dollars. If the
combined assets in that account exceed
one hundred dollars, the cost of
housing and feeding the offender
may be collected from the amount in excess of
one hundred
dollars.
(F)(1) The department
shall
adopt rules pursuant to section
111.15 of the
Revised Code
to
implement the requirements of this
section.
(2) The rules adopted under division
(F)(1) of this section
shall include, but are
not limited to, rules that establish or
contain all of the following:
(a) A process for ascertaining the items of cost to be
assessed
against an offender;
(b) Subject to division (F)(3)
of this section, a process by
which the offender shall have the opportunity to
respond to the
assessment of costs under division (B)
of this section and to
contest any item of cost in the
department's calculation or as it
applies to the offender;
(c) A requirement that the offender be notified, in writing,
of a
final decision to collect or apply the offender's assets
under division
(B) of this section and that the
notification be
provided after the offender has had an opportunity to contest
the
application or collection;
(d) Criteria for evaluating an offender's ongoing, permanent
injury and evaluating the ability of that type of offender to
provide for the
offender after incarceration.
(3) The rules adopted under division
(F)(1) of this section
may allow the
collection of a cost debt as a flat fee or over time
in installments. If the
cost debt is to be collected over time in
installments, the rules are not
required to permit the offender an
opportunity to contest the assessment of
each installment. The
rules may establish a standard fee to apply to all
offenders who
receive a particular service.
(G) The department
shall
not collect cost debts or apply
offender assets toward a
cost debt
under division (B) of this
section if, due
to an ongoing,
permanent injury, the collection or
application would unjustly
limit the offender's ability to provide
for the
offender after
incarceration.
(H) If an offender acquires assets after
the offender is
convicted of or pleads guilty to an offense and if the
transferor
knows of the offender's status as an offender, the transferor
shall
notify the department
in
advance of the
transfer.
(I) There is hereby created in the
state treasury the
offender financial responsibility fund. All moneys
collected by
or on behalf of the department under this section, and all moneys
currently in the
department's custody that are applied to satisfy
an allowable cost debt under
this section, shall
be deposited into
the fund. The department
may
expend moneys in the fund for goods
and services of the same type
as those
for which offenders are
assessed pursuant to this
section.
Sec. 5122.01. As used in this chapter and Chapter 5119. of
the Revised Code:
(A)
"Mental illness" means a substantial disorder of
thought,
mood, perception, orientation, or memory that grossly
impairs
judgment, behavior, capacity to recognize reality, or
ability to
meet the ordinary demands of life.
(B)
"Mentally ill person subject to hospitalization by
court
order" means a mentally ill person who, because of the
person's
illness:
(1) Represents a substantial risk of physical harm to
self
as manifested by evidence of threats of, or
attempts at,
suicide
or serious self-inflicted bodily harm;
(2) Represents a substantial risk of physical harm to
others
as manifested by evidence of recent homicidal or other
violent
behavior, evidence of recent threats that place another
in
reasonable fear of violent behavior and serious physical harm,
or
other evidence of present dangerousness;
(3) Represents a substantial and immediate risk of serious
physical impairment or injury to self as manifested by
evidence
that the person is unable to provide for and is not
providing
for
the person's basic physical needs because of
the person's mental
illness and
that appropriate provision for those needs cannot be
made
immediately available in the community; or
(4) Would benefit from treatment in a hospital for
his
the
person's mental illness and is in need of such treatment as
manifested by
evidence of behavior that creates a grave and
imminent risk to
substantial rights of others or
himself
the
person.
(C)(1)
"Patient" means, subject to division
(C)(2) of this
section, a person who is admitted
either voluntarily
or
involuntarily to a hospital or other place under section 2945.39,
2945.40, 2945.401, or 2945.402 of the Revised Code
subsequent to a
finding of not guilty by reason of insanity or incompetence to
stand trial or under this
chapter, who is under
observation or
receiving treatment in such place.
(2)
"Patient" does not include a person admitted to a
hospital or
other place under section 2945.39, 2945.40, 2945.401,
or 2945.402 of the Revised Code to the
extent that the reference
in this chapter to patient, or the context in which
the reference
occurs, is in conflict with any provision of sections 2945.37 to
2945.402 of the Revised Code.
(D)
"Licensed physician" means a person licensed under the
laws of this state to practice medicine or a medical officer of
the government of the United States while in this state in the
performance of the person's official duties.
(E)
"Psychiatrist" means a licensed physician who has
satisfactorily completed a residency training program in
psychiatry, as approved by the residency review committee of the
American medical association, the committee on post-graduate
education of the American osteopathic association, or the
American
osteopathic board of neurology and psychiatry, or who on
July 1,
1989, has been recognized as a psychiatrist by the Ohio
state
medical association or the Ohio osteopathic association on
the
basis of formal training and five or more years of medical
practice limited to psychiatry.
(F)
"Hospital" means a hospital or inpatient unit licensed
by
the department of mental health under section 5119.20 of the
Revised Code, and any institution, hospital, or other place
established, controlled, or supervised by the department under
Chapter 5119. of the Revised Code.
(G)
"Public hospital" means a facility that is
tax-supported
and under the jurisdiction of the department of
mental health.
(H)
"Community mental health agency" means any agency,
program, or facility with which a board of alcohol, drug
addiction, and mental health services contracts to provide the
mental health services listed in section 340.09 of the Revised
Code.
(I)
"Licensed clinical psychologist" means a person who
holds
a current valid psychologist license issued under section
4732.12
or 4732.15 of the Revised Code, and in addition, meets
either of
the following criteria:
(1) Meets the educational requirements set forth in
division
(B) of section 4732.10 of the Revised Code and has a
minimum of
two years' full-time professional experience, or the
equivalent as
determined by rule of the state board of
psychology, at least one
year of which shall be post-doctoral, in
clinical psychological
work in a public or private hospital or
clinic or in private
practice, diagnosing and treating problems
of mental illness or
mental retardation under the supervision of
a psychologist who is
licensed or who holds a diploma issued by
the American board of
professional psychology, or whose
qualifications are substantially
similar to those required for
licensure by the state board of
psychology when the supervision
has occurred prior to enactment of
laws governing the practice of
psychology;
(2) Meets the educational requirements set forth in
division
(B) of section 4732.15 of the Revised Code and has a
minimum of
four years' full-time professional experience, or the
equivalent
as determined by rule of the state board of
psychology, in
clinical psychological work in a public or private
hospital or
clinic or in private practice, diagnosing and
treating problems of
mental illness or mental retardation under
supervision, as set
forth in division (I)(1) of this section.
(J)
"Health officer" means any public health physician;
public health nurse; or other person authorized by or designated
by a city health district; a general health district; or a board
of alcohol, drug addiction, and mental health services to perform
the duties of a health officer under this chapter.
(K)
"Chief clinical officer" means the medical director of
a
hospital, or a community mental health agency, or a board of
alcohol, drug addiction, and mental health services, or, if there
is no medical director, the licensed physician responsible for
the
treatment a hospital or community mental health agency
provides.
The chief clinical officer may delegate to the
attending physician
responsible for a patient's care the duties
imposed on the chief
clinical officer by this chapter. Within a
community mental
health agency, the chief clinical officer shall
be designated by
the governing body of the agency and shall be a
licensed physician
or licensed clinical psychologist who
supervises diagnostic and
treatment services. A licensed
physician or licensed clinical
psychologist designated by the
chief clinical officer may perform
the duties and accept the
responsibilities of the chief clinical
officer in
his
the chief
clinical officer's absence.
(L)
"Working day" or
"court day" means Monday, Tuesday,
Wednesday, Thursday, and Friday, except when such day is a
holiday.
(M)
"Indigent" means unable without deprivation of
satisfaction of basic needs to provide for the payment of an
attorney and other necessary expenses of legal representation,
including expert testimony.
(N)
"Respondent" means the person whose detention,
commitment, hospitalization, continued hospitalization or
commitment, or discharge is being sought in any proceeding under
this chapter.
(O)
"Legal rights service" means the service established
under section 5123.60 of the Revised Code.
(P)
"Independent expert evaluation" means an evaluation
conducted by a licensed clinical psychologist, psychiatrist, or
licensed physician who has been selected by the respondent or
his
the respondent's counsel and who consents to conducting the
evaluation.
(Q)
"Court" means the probate division of the court of
common
pleas.
(1) The removal and destruction of court files and
records,
originals and copies, and the deletion of all index
references;
(2) The reporting to the person of the nature and extent
of
any information about
him
the person transmitted to any other
person by
the court;
(3) Otherwise insuring that any examination of court files
and records in question shall show no record whatever with
respect
to the person;
(4) That all rights and privileges are restored, and that
the person, the court, and any other person may properly reply
that no such record exists, as to any matter expunged.
(S)
"Residence" means a person's physical presence in a
county with intent to remain there, except that:
(1) If a person
is receiving a mental health service at a
facility that includes
nighttime sleeping accommodations,
residence means that county in
which the person maintained
his
the
person's primary place of
residence at the
time
he
the person
entered the facility;
(2) If a person is committed pursuant to
section 2945.38,
2945.39,
2945.40, 2945.401, or 2945.402 of the Revised
Code,
residence means the county where the criminal charges were filed.
When the residence of a person is disputed, the matter of
residence shall be referred to the department of mental health
for
investigation and determination. Residence shall not be a
basis
for a board's denying services to any person present in the
board's service district, and the board shall provide services
for
a person whose residence is in dispute while residence is
being
determined and for a person in an emergency situation.
(T)
"Admission" to a hospital or other place means that a
patient is accepted for and stays at least one night at the
hospital or other place.
(U)
"Prosecutor" means the prosecuting attorney, village
solicitor, city director of law, or similar chief legal officer
who prosecuted a criminal case in which a person was found not
guilty by reason of insanity, who would have had the authority to
prosecute a criminal case against a person if the person had not
been found incompetent to stand trial, or who prosecuted a case
in
which a person was found guilty.
(V)
"Treatment plan" means a written statement of
reasonable
objectives and goals for an individual established by
the
treatment team, with specific criteria to evaluate progress
towards achieving those objectives. The active participation of
the patient in establishing the objectives and goals shall be
documented. The treatment plan shall be based on patient needs
and include services to be provided to the patient while
he
the
patient is
hospitalized and after
he
the patient is discharged.
The
treatment plan
shall address services to be provided upon
discharge, including
but not limited to housing, financial, and
vocational services.
(W)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(X)
"Post-release control sanction" has the same meaning as
in
section 2967.01 of the Revised Code.
Sec. 5122.10. Any psychiatrist, licensed clinical
psychologist, licensed physician, health officer, parole officer,
police officer, or sheriff may take a person into custody, or the
chief of the adult parole authority or a parole or probation
officer with the approval of the chief of the authority may take
a
parolee,
probationer,
an offender
on
under a
community control
sanction or a post-release control
sanction, or
an
offender under
transitional control into custody and
may
immediately transport
the parolee,
probationer, offender on
community control or
post-release control, or offender
under transitional control
to a
hospital or, notwithstanding
section 5119.20 of the Revised Code,
to a general hospital not
licensed by the department of mental
health where the parolee,
probationer, offender on
community
control or post-release
control, or offender under transitional
control may be
held for the period prescribed in this
section, if
the psychiatrist, licensed clinical psychologist, licensed
physician, health officer, parole officer, police officer, or
sheriff has
reason to
believe that the person is a mentally ill
person subject to
hospitalization by court order under division
(B) of section
5122.01 of the Revised Code, and represents a
substantial risk of
physical harm to self or others if allowed to
remain at
liberty pending examination.
A written statement shall be given to such hospital by the
transporting psychiatrist, licensed clinical psychologist,
licensed physician, health officer, parole officer, police
officer, chief of the adult parole authority, parole or probation
officer, or sheriff stating the circumstances under which such
person was taken into custody and the reasons for the
psychiatrist's, licensed clinical psychologist's, licensed
physician's, health officer's, parole officer's, police
officer's,
chief of the adult parole authority's, parole or
probation
officer's, or sheriff's belief. This statement shall
be made
available to the respondent or the respondent's
attorney upon
request of either.
Every reasonable and appropriate effort shall be made to
take
persons into custody in the least conspicuous manner
possible. A
person taking the respondent into custody pursuant
to this section
shall explain to the respondent: the name,
professional
designation, and agency affiliation of the person
taking the
respondent into custody; that the custody-taking is
not a criminal
arrest; and that the person is being taken for
examination by
mental health professionals at a specified mental
health facility
identified by name.
If a person taken into custody under this section is
transported to a general hospital, the general hospital may admit
the person, or provide care and treatment for the person, or
both,
notwithstanding section 5119.20 of the Revised Code, but by
the
end of twenty-four hours after arrival at the general
hospital,
the person shall be transferred to a hospital as
defined in
section 5122.01 of the Revised Code.
A person transported or transferred to a hospital or
community mental health agency under this section shall be
examined by the staff of the hospital or agency within
twenty-four
hours after arrival at the hospital or agency.
If to conduct the
examination requires that the person remain
overnight, the
hospital or agency shall admit the person in an
unclassified
status until making a disposition under this
section. After the
examination, if the chief clinical officer of
the hospital or
agency believes that the person is not a mentally
ill person
subject to hospitalization by court order, the chief
clinical
officer shall release or discharge the person immediately unless
a
court has issued a temporary order of detention applicable to the
person
under section 5122.11 of the Revised Code. After the
examination, if the chief clinical officer believes that the
person is a mentally ill person subject to hospitalization by
court order, the chief clinical officer may detain the person
for
not more than three court days following the day of the
examination and
during such period admit the person as a voluntary
patient under section
5122.02 of the Revised Code or file an
affidavit under section
5122.11 of the Revised Code. If neither
action is taken and a
court has not otherwise issued a temporary
order of detention
applicable to the person under section 5122.11
of the Revised
Code, the chief clinical officer shall discharge
the person at
the end of the three-day period unless the person
has been
sentenced to the department of rehabilitation and
correction and
has not been released from the person's sentence,
in which
case the person
shall be returned to that department.
Sec. 5122.21. (A) The chief clinical officer shall as
frequently as practicable, and at least once every thirty days,
examine or cause to be examined every patient, and, whenever
the
chief clinical officer determines that the conditions justifying
involuntary
hospitalization or commitment no longer obtain, shall,
except as
provided in division (C) of this section, discharge the
patient
not under indictment or conviction for crime and
immediately make
a report of the discharge to the department of
mental health.
The chief clinical officer may discharge a patient
who is under
an
indictment,
a sentence of imprisonment,
a
community control
sanction, or a post-release control sanction or
on
probation or
parole
ten days after written notice of intent to
discharge the patient
has been given by personal service or
certified mail, return
receipt requested, to the court having
criminal jurisdiction over
the patient. Except when the patient
was found not guilty by
reason of insanity and
his
the defendant's
commitment is
pursuant to section
2945.40 of the Revised Code, the
chief clinical officer has final
authority to discharge a patient
who is under
an indictment,
a sentence of imprisonment,
a
community control sanction, or a
post-release control sanction or
on
probation or parole.
(B) After a finding pursuant to section 5122.15 of the
Revised Code that a person is a mentally ill person subject to
hospitalization by court order, the chief clinical officer of the
hospital or agency to which the person is ordered or to which the
person is transferred under section 5122.20 of the Revised Code,
may, except as provided in division (C) of this section, grant a
discharge without the consent or authorization of any court.
Upon discharge, the chief clinical officer shall notify the
court that caused the judicial hospitalization of the discharge
from the hospital.
Sec. 5122.26. (A) If a patient is absent without
leave, on
a
verbal or written order issued within five days of the time of
the unauthorized absence by the department of mental health, the
chief clinical officer of the hospital from which the
patient is
absent without leave, or the court of either the county from
which
the patient was committed or in which the patient is
found, any
health or police officer or sheriff may take
the patient into
custody and
transport the patient to the hospital in which
the
patient was
hospitalized or to a place that is
designated in the
order. The
officer immediately shall report such fact to the
agency
that issued
the order.
The chief clinical officer of a hospital may discharge a
patient who is under
an indictment,
a sentence of imprisonment,
a
community control sanction, or a post-release control sanction or
on
probation or parole and who has been absent without leave for
more than thirty days, but shall give written notice of the
discharge to the court with criminal jurisdiction over
the
patient. The chief clinical officer of a hospital may discharge
any other patient who has been absent without leave for more than
fourteen days.
The chief clinical officer shall take all proper measures
for
the apprehension of an escaped patient. The expense of the
return
of an escaped patient shall be borne by the hospital where
the
patient is hospitalized.
(B)(1) Subject to division (B)(2) of this section, no
patient hospitalized under Chapter 5122. of the Revised Code
whose
absence without leave was caused or contributed to by
his
the
patient's mental illness shall be subject to a charge of escape.
(2) Division (B)(1) of this section does not apply to any
person who was hospitalized, institutionalized, or confined in a
facility under an order made pursuant to or under authority of
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or
2945.402 of the
Revised Code and who escapes from the facility,
from confinement
in a vehicle for transportation to or from the
facility, or from
supervision by an employee of the facility that
is incidental to
hospitalization, institutionalization, or
confinement in the
facility and that occurs outside the facility,
in violation of
section 2921.34 of the Revised Code.
Sec. 5123.13. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) Subject to division (C) of this section, upon
the
recommendation of the director of
mental retardation and
developmental disabilities, the managing
officer of an institution
under the jurisdiction of the
department of mental retardation and
developmental disabilities
may designate one or more employees to
be special police officers of the
department. The special police
officers shall take an
oath of office, wear the badge of office,
and give bond for the proper and
faithful discharge of their
duties in an amount that the director
requires.
(2) In accordance with section 109.77 of the Revised Code,
the
special police officers shall be required to complete
successfully a
peace officer basic training program approved by
the Ohio peace
officer training commission and to be certified by
the commission. The
cost of the training shall be paid by the
department of mental
retardation and developmental disabilities.
(3) Special police officers, on the premises of institutions
under the jurisdiction of the department of mental retardation
and
developmental disabilities and subject to the rules of the
department, shall protect the property of the institutions and the
persons and property of patients in the institutions, suppress
riots, disturbances, and breaches of the peace, and enforce the
laws of the state and the rules of the department for the
preservation of good order. They may arrest any person without a
warrant and detain the person until a warrant can be obtained
under the circumstances described in division (F) of section
2935.03 of the Revised Code.
(C)(1) The managing officer of an institution
under the
jurisdiction of the department of mental retardation and
developmental
disabilities shall not designate an employee
as a
special police officer of the department pursuant to division
(B)(1) of this section on a permanent basis, on a
temporary basis,
for a probationary term, or on other than a
permanent basis if the
employee previously has been convicted of
or has pleaded guilty to
a felony.
(2)(a) The managing officer of an institution
under the
jurisdiction of the department of mental retardation
and
developmental disabilities shall terminate the employment as
a
special police officer of the department of an employee designated
as
a special police officer under division (B)(1) of this section
if that employee does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.29
2929.43 of the Revised Code in which the
employee agrees to
surrender the certificate awarded to that
employee under section
109.77 of the Revised Code.
(b) The managing officer shall suspend from
employment as a
special police officer of the department an employee
designated as
a special police officer under division (B)(1)
of this section if
that employee is convicted, after trial, of a
felony. If the
special police officer files an appeal
from that conviction and
the
conviction is upheld by the highest court to which the appeal
is
taken or if the special police officer does not file a timely
appeal,
the managing officer shall terminate the employment of
that
special police officer. If the special police officer files
an appeal that
results in that special police officer's acquittal
of the felony or
conviction of a misdemeanor, or
in the dismissal
of the felony charge against
that special police officer, the
managing officer shall reinstate that special police officer. A
special police officer of the department who is reinstated under
division (C)(2)(b) of this section shall
not receive any back pay
unless that special police officer's conviction of
the felony was
reversed on appeal, or the felony charge was dismissed, because
the court found insufficient evidence to convict the special
police officer of
the felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a special police officer under division (C)(2)
of this section
shall be in accordance with Chapter 119. of the
Revised Code.
Sec. 5147.12. The labor or time of any person confined in
any workhouse or
jail shall not be let, farmed out, given, sold,
or contracted to any person.
Work performed under a work-release
program authorized under section 5147.28
of the Revised Code is
not in violation of this section.
This section does not apply to any person serving a periodic
sentence under
division
(A)(3)(B) of section
2929.51
2929.26
of
the Revised Code, insofar as that person is engaged between
periods of
confinement in the person's regular trade or occupation
for the support of the
person or the person's family. This
section does not apply to prisoners
participating in a county jail
industry program established under section
5147.30 of the Revised
Code.
Sec. 5147.30. (A) As used in this section,
"prisoner"
means
any person confined in the county jail in lieu of bail
while
awaiting trial, any person committed to jail for nonpayment
of a
fine, or any person sentenced by a court to the jail.
(B) A board of county commissioners, by resolution adopted
by a majority vote of its members, may approve the establishment
of a county jail industry program for its county in accordance
with this section.
(C) Upon the adoption by the board of the resolution
described in division (B) of this section, a jail industry board
shall be established, consisting of three voting members
appointed
by the board of county commissioners, three voting
members
appointed by the county sheriff, and one voting member
appointed
jointly by the board of county commissioners and the
county
sheriff. One of these voting members shall have knowledge
of and
experience in the social services, one in the field of
labor, one
in law enforcement, and one in business. The initial
appointments
to the jail industry board shall be made on the same
date. Of the
initial appointments, one by the board of county
commissioners and
one by the county sheriff shall be for terms
ending one year after
the date of appointment, two by the board
of county commissioners
and two by the county sheriff shall be
for terms ending two years
after that date, and the joint
appointment shall be for a term
ending three years after that
date. Thereafter, terms of office
for all appointed members
shall be for three years, with each term
ending on the same day
of the same month as did the term that it
succeeds. Any vacancy
on the board shall be filled in the same
manner as the original
appointment. Any member appointed to fill
a vacancy occurring
prior to the expiration date of the term for
which the member's
predecessor was appointed shall hold office as
a member for the
remainder of that term. Any member shall
continue in office
subsequent to the expiration date of the
member's term until
the member's successor
takes office, or until
a period of sixty days has elapsed,
whichever occurs first.
The jail industry board, by majority vote, may appoint
additional persons to serve as nonvoting members of the board.
Each member of the jail industry board shall be reimbursed
for expenses actually and necessarily incurred in the performance
of the member's duties as a board member. The board of county
commissioners, by resolution, shall approve the expenses to be
reimbursed.
(D) A jail industry board established under division (C)
of
this section shall establish a program for the employment of
as
many prisoners as possible, except those unable to perform
labor
because of illness or other health problems, security
requirements, routine processing, disciplinary action, or other
reasonable circumstances or because they are engaged in education
or vocational or other training. The employment may be in jail
manufacturing and service industries and agriculture, in private
industry or agriculture that is located within or outside the
jail, in public works, in institutional jobs necessary for the
proper maintenance and operation of the jail, or in any other
appropriate form of labor. The county shall attempt to employ,
provide employment for, and seek employment for as many prisoners
as possible through the program. The county is not required to
provide employment for every employable prisoner when the
available funds, facilities, or jobs are insufficient to provide
the employment; however, a county that has a county jail industry
program shall continuously seek sources of employment for as many
employable prisoners as possible.
(E) The jail industry program established under division
(D)
of this section shall do all of the following:
(1) Establish a system for assigning prisoners to perform
jobs, for periodically evaluating the job performance of each
prisoner, and for periodically evaluating the qualifications of
each prisoner for other jobs;
(2) Attempt to provide jobs and job training for prisoners
that will be useful to them in obtaining employment when
released,
except that institutional jobs at the jail need not be
related to
any previous employment of the prisoner or relevant to
any job the
prisoner intends to pursue after release from jail;
(3) Establish an accounting system to administer and
allocate the earnings of each prisoner. The accounting system
may
permit earnings to be used for payment of the employee taxes
and
workers' compensation of the prisoner, for reimbursing the
county
for room and board and for the expense of providing
employment to
the prisoner, for restitution to the victims of the
prisoner's
offenses if the prisoner voluntarily requests or is
under court
order to make restitution payments, for fines and
court costs, for
support of the dependents of the prisoner, and
for an account for
the prisoner.
(4) Require all persons who employ prisoners to meet all
applicable work safety standards.
(F) The jail industry board, with the approval of the
county
sheriff, shall adopt rules for the establishment and
administration of the jail industry program. The rules shall
provide for all of the following:
(1) A procedure for seeking the employment of prisoners in
penal industries and agriculture, in private industry and
agriculture located within or outside the county jail, in public
works, in institutional jobs necessary for the proper maintenance
or operation of the county's institutions, and in other
appropriate forms of labor;
(2) A system of compensation, allowances, hours,
conditions
of employment, and advancement for prisoners employed
in any form
of labor;
(3) The regulation of the working conditions of prisoners
employed in any form of labor;
(4) An accounting system for the allocation of the
earnings
of each prisoner;
(5) Any other rules on any subject that are necessary to
administer the program or to provide employment for as many
prisoners as possible.
(G) In establishing and administering a county jail
industry
program, the board of county commissioners, upon the
recommendation of the jail industry board and the county sheriff
may do any of the following:
(1) Enter into contracts with private industry,
agriculture,
and other organizations or persons, and receive
grants to
establish test work programs within or outside
institutions under
the control of the county;
(2) Enter into contracts with private industry for the
establishment of manufacturing and service industries within or
near institutions under the control of the county for the
employment of prisoners;
(3) Enter into contracts with private industry,
agriculture,
and other organizations or persons to provide
employment for
prisoners;
(4) Enter into any other contracts or perform any other
functions that are necessary for the county jail industry
program.
(H) The jail industry program established under division
(D)
of this section shall be administered in accordance with any
rules
adopted by the jail industry board pursuant to division (F)
of
this section and with the following requirements:
(1) The county sheriff at all times shall be responsible
for
the security and discipline of the prisoners in the program.
the
sheriff shall adopt a procedure for the discipline of a prisoner
who
violates the requirements of a job in the program, and the
sheriff
may
remove a prisoner from the program if the sheriff
determines that
considerations of security or discipline require
it.
(2) When the sentence imposed on a prisoner includes a
specification pursuant to division
(F)(E) of
section
2929.21
2929.24 of the Revised Code, authorizing the
county
sheriff to
consider the prisoner for participation in the county
jail
industry program, the sheriff shall review the
qualifications of
the prisoner and determine whether the prisoner's
participation in
the program is appropriate.
(3) When making the initial job assignment for a prisoner
whom the county sheriff has approved for participation in the
program, the board shall consider the nature of the offense
committed by the prisoner, the availability of employment, the
security requirements of the prisoner, the prisoner's present
state
of mind,
the prisoner's jail record, and all other relevant
factors. When
making the
initial job assignment of a prisoner,
the board shall attempt to
develop the work skills of the
prisoner, provide the prisoner
rehabilitation, consider the
proximity of the job to the prisoner's
family,
and permit the
prisoner to provide support for the prisoner's dependents if
the
prisoner's
earnings are sufficient to make that feasible.
(4) Each prisoner shall be required to perform
satisfactorily the job to which the prisoner is assigned, be
permitted to be
absent from that job only for
legitimate reasons,
be required to comply with all security
requirements, and be
required to comply with any other reasonable
job performance
standards.
(5) A prisoner who violates the work requirements of any
job
shall be disciplined pursuant to the disciplinary procedure
adopted by the county sheriff pursuant to division (H)(1) of this
section.
Sec. 5149.03. (A) The adult parole authority shall
administer Chapter 5149. and the provisions of Chapter 2967.,
Chapter 2971., and sections 2301.27 to 2301.32, 2941.46,
2951.05,
2951.06, and 2951.08 of the Revised Code that impose duties upon
the authority.
The authority may enter into a written agreement with a
person or government entity to share information, personnel, and
services for one or more of the following purposes: training,
crime interdiction, fugitive apprehension, and community
supervision. The agreement may permit the authority to act in
concert with and provide assistance to a law enforcement agency,
as defined in section 5101.26 of the Revised Code, in detecting,
tracking, apprehending, or detaining an individual subject to
arrest.
(B)(1) As used in division (B) of this section:
(a) "Ohio prisoner" has the same meaning as in section
5120.64 of the Revised Code.
(b) "Out-of-state prisoner" and "private contractor" have
the same meanings as in section 9.07 of the Revised Code.
(2) The adult parole authority, in order to discharge its
duties under Chapters 2967. and 5149. of the Revised Code, may
enter into a contract with a private person or entity for the
return of Ohio prisoners who are the responsibility of the
department of rehabilitation and correction from outside of this
state to a location in this state specified by the adult parole
authority. If the adult parole authority enters into a contract
as described in this division, subject to division (B)(3) of this
section, the private person or entity in accordance with the
contract may return Ohio prisoners from outside of this state to
locations in this state specified by the adult parole authority.
A
contract entered into under this division shall include all of
the
following:
(a) Specific provisions that assign the responsibility for
costs related to medical care of prisoners while they are being
returned that is not covered by insurance of the private person or
entity;
(b) Specific provisions that set forth the number of days,
not exceeding ten, within which the private person or entity,
after it receives the prisoner in the other state, must deliver
the prisoner to the location in this state specified by the adult
parole authority, subject to the exceptions adopted as described
in division (B)(2)(c) of this section;
(c) Any exceptions to the specified number of days for
delivery specified as described in division (B)(2)(b) of this
section;
(d) A requirement that the private person or entity
immediately report all escapes of prisoners who are being returned
to this state, and the apprehension of all prisoners who are being
returned and who have escaped, to the adult parole authority and
to the local law enforcement agency of this state or another state
that has jurisdiction over the place at which the escape occurs;
(e) A schedule of fines that the adult parole authority
shall impose upon the private person or entity if the private
person or entity fails to perform its contractual duties, and a
requirement that, if the private person or entity fails to perform
its contractual duties, the adult parole authority shall impose a
fine on the private person or entity from the schedule of fines
and, in addition, may exercise any other rights it has under the
contract.
(f) If the contract is entered into on or after the
effective date of the rules adopted by the department of
rehabilitation and correction under section 5120.64 of the Revised
Code, specific provisions that comport with all applicable
standards that are contained in those rules.
(3) If the private person or entity that enters into the
contract fails to perform its contractual duties, the adult parole
authority shall impose upon the private person or entity a fine
from the schedule, the money paid in satisfaction of the fine
shall be paid into the state treasury, and the adult parole
authority may exercise any other rights it has under the contract.
If a fine is imposed under this division, the adult parole
authority may reduce the payment owed to the private person or
entity pursuant to any invoice in the amount of the fine.
(4) Upon the effective date of the rules adopted by the
department of rehabilitation and correction under section 5120.64
of the Revised Code, notwithstanding the existence of a contract
entered into under division (B)(2) of this section, in no case
shall the private person or entity that is a party to the contract
return Ohio prisoners from outside of this state into this state
for the adult parole authority unless the private person or entity
complies with all applicable standards that are contained in the
rules.
(5) Divisions (B)(1) to (4) of this section do not apply
regarding any out-of-state prisoner who is brought into this state
to be housed pursuant to section 9.07 of the Revised Code in a
correctional facility in this state that is managed and operated
by a private contractor.
Sec. 5149.18. For the purposes of Chapter 5149. of the
Revised Code, all of
the following apply:
(A) "State, states, or States" means one or several of the
fifty states of the
United States, Puerto Rico, the Virgin
Islands, and the District of Columbia.
(B) The term "parole" includes post-release control under
section
2967.28 of the Revised Code.
(C) The term "probation" includes non-prison sanctions
imposed
under sections 2929.16, 2929.17, and 2929.18 of the
Revised Code
and community control sanctions imposed under
sections 2929.26, 2929.27, and 2929.28 of the Revised Code.
Sec. 5149.31. The department of rehabilitation and
correction shall do all of
the following:
(A) Establish and administer a program of subsidies for
eligible counties and groups of counties for felony
offenders
and
a program of subsidies for eligible municipal
corporations,
counties, and
groups of counties for misdemeanor offenders for the
development,
implementation, and operation of community
corrections programs. Department
expenditures for administration
of both programs of subsidies shall not exceed
ten per cent of the
moneys appropriated for each of the purposes of this
division.
(B) Adopt and promulgate rules, under Chapter 119. of the
Revised Code, providing standards for community corrections
programs. The standards shall be designed to improve the quality
and efficiency of the programs and to reduce the number of
persons
committed to state correctional institutions and
to county,
multicounty, municipal, municipal-county, or
multicounty-municipal
jails or workhouses for offenses for which community
control
sanctions are authorized under section 2929.13
or,
2929.15,
or
2929.25 of the
Revised Code. In developing the standards, the
department
shall consult with, and seek the advice of, local
corrections
agencies, law enforcement agencies, and other public
and private
agencies concerned with corrections. The department
shall
conduct, and permit participation by local corrections
planning
boards established under section 5149.34 of the Revised
Code and
joint county corrections planning boards established
under
section 5149.35 of the Revised Code in, an annual review of
the
standards to measure their effectiveness in promoting the
purposes specified in this division and shall amend or rescind
any
existing rule providing a standard or adopt and promulgate
additional rules providing standards, under Chapter 119. of the
Revised Code, if the review indicates that the standards fail to
promote the purposes.
(C) Accept and use any funds, goods, or services from the
federal government or any other public or private source for the
support of the subsidy programs established under division (A)
of
this section. The department may comply with any conditions and
enter into any agreements that it considers necessary to obtain
these funds, goods, or services.
(D) Adopt rules, in accordance with Chapter 119. of the
Revised Code, and do all other things necessary to implement
sections 5149.30 to 5149.37 of the Revised Code;
(E) Evaluate or provide for the evaluation of community
corrections programs
funded by the subsidy programs established
under division (A) of this section
and establish means of
measuring their effectiveness;
(F) Prepare an annual report evaluating the subsidy
programs
established under division (A) of this section. The
report shall
include, but need not be limited to, analyses of the
structure of
the programs and their administration by the
department, the
effectiveness of the programs in the development
and
implementation of community corrections programs, the
specific
standards adopted and promulgated under division (B) of
this
section and their effectiveness in promoting the purposes of
the
programs, and the findings of the evaluations conducted under
division (E) of this section. The director of rehabilitation and
correction shall review and certify the accuracy of the report
and
provide copies of it, upon request, to members of the general
assembly.
(G) Provide training or assistance, upon the request of a
local
corrections planning board or a joint county corrections
planning board,
to any
local unit of government, subject to
available resources of the
department.
Sec. 5321.01. As used in this chapter:
(A)
"Tenant" means a person entitled under a rental
agreement
to the use and occupancy of residential premises to the
exclusion
of others.
(B)
"Landlord" means the owner, lessor, or sublessor of
residential premises, the agent of the owner, lessor, or
sublessor, or any person authorized by the owner, lessor, or
sublessor
to manage the premises or to receive rent from a tenant
under a
rental agreement.
(C)
"Residential premises" means a dwelling unit for
residential use and occupancy and the structure of which it is a
part, the facilities and appurtenances in it, and the grounds,
areas, and facilities for the use of tenants generally or the use
of which is promised the tenant.
"Residential premises" includes
a
dwelling
unit that is owned or operated by a college or
university.
"Residential
premises" does not
include any of the
following:
(1) Prisons, jails, workhouses, and other places of
incarceration or correction, including, but not limited to,
halfway houses or residential arrangements
which
that are used
or
occupied as a requirement of
probation
a community control
sanction,
a post-release control sanction, or parole;
(2) Hospitals and similar institutions with the primary
purpose of providing medical services, and homes licensed
pursuant
to Chapter 3721. of the Revised Code;
(3) Tourist homes, hotels, motels, and other similar
facilities where circumstances indicate a transient occupancy;
(4) Elementary and secondary boarding schools, where the
cost of room and
board is
included as part of the cost of tuition;
(5) Orphanages and similar institutions;
(6) Farm residences furnished in connection with the
rental
of land of a minimum of two acres for production of
agricultural
products by one or more of the occupants;
(7) Dwelling units subject to sections 3733.41 to 3733.49
of
the Revised Code;
(8) Occupancy by an owner of a condominium unit;
(9) Occupancy in a facility licensed as an SRO facility
pursuant
to Chapter 3731. of the Revised Code, if the facility is
owned
or operated by an organization that is exempt from taxation
under
section 501(c)(3) of the
"Internal
Revenue Code
of 1986,"
100 Stat. 2085, 26
U.S.C.A.
501, as amended, or by an entity or
group of entities in which such an
organization has a controlling
interest, and if either of the following
applies:
(a) The occupancy is for a period of less than sixty
days;
(b) The occupancy is for participation in a program operated
by
the facility, or by a public entity or private charitable
organization
pursuant
to a contract with the facility, to provide
either of the following:
(i) Services licensed, certified, registered, or approved by
a
governmental agency or private accrediting organization for the
rehabilitation of mentally ill persons, developmentally
disabled
persons, adults or juveniles convicted of criminal offenses, or
persons suffering from substance abuse;
(ii) Shelter for juvenile runaways, victims of domestic
violence,
or homeless persons.
(10) Emergency shelters operated by organizations exempt
from federal
income taxation under section 501(c)(3) of the
"Internal
Revenue Code
of 1986," 100 Stat. 2085, 26
U.S.C.A.
501,
as amended, for persons whose circumstances indicate a transient
occupancy, including homeless people, victims of domestic
violence, and
juvenile runaways.
(D)
"Rental agreement" means any agreement or lease,
written
or oral, which establishes or modifies the terms,
conditions,
rules, or any other provisions concerning the use and
occupancy of
residential premises by one of the parties.
(E)
"Security deposit" means any deposit of money or
property
to secure performance by the tenant under a rental
agreement.
(F)
"Dwelling unit" means a structure or the part of a
structure that is used as a home, residence, or sleeping place by
one person who maintains a household or by two or more persons
who
maintain a common household.
(G)
"Controlled substance" has the same meaning as in
section
3719.01 of the Revised Code.
(H)
"Student tenant" means a person who occupies a dwelling
unit owned or
operated by the college or university at which the
person is
a student, and who has a
rental agreement that is
contingent upon the person's status
as a student.
(I)
"Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code.
(J)
"Post-release control sanction" has the same meaning as
in
section 2967.01 of the Revised Code.
Sec. 5502.14. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B)(1) Any person who is employed by the department
of
public safety and designated by the director of public safety to
enforce
Title XLIII of the Revised Code, the
rules adopted under
it, and the laws and rules
regulating the use of food stamps
shall
be known as
an enforcement agent. The employment by the
department of public
safety and the designation by the director of
public
safety of a person as an enforcement
agent shall be subject
to division (D) of this section.
An enforcement
agent has the
authority vested in peace officers pursuant to section 2935.03
of
the Revised Code to keep the peace, to enforce all applicable laws
and
rules
on any retail liquor permit premises, or on any other
premises of public or
private property, where a violation of Title
XLIII of the Revised Code
or any rule adopted under it is
occurring, and to enforce all laws and
rules governing the use of
food stamp coupons, women,
infants, and
children's coupons,
electronically transferred
benefits, or any other access
device
that is used alone or in conjunction with another access device to
obtain payments, allotments, benefits, money, goods, or other
things of value,
or that can be used to initiate a transfer of
funds, pursuant to the food
stamp program established under the
"Food Stamp Act
of 1977," 91 Stat. 958, 7
U.S.C.A. 2011, as
amended, or any
supplemental food program administered by any
department of this state
pursuant to the
"Child Nutrition Act of
1966," 80
Stat. 885, 42 U.S.C.A. 1786. Enforcement
agents, in
enforcing compliance with the laws and rules described in this
division, may keep the peace and make arrests for violations of
those laws and
rules.
(2) In addition to the
authority conferred by division
(B)(1) of this section, an
enforcement agent also may execute
search
warrants and seize and take into custody any contraband, as
defined in
section
2901.01 of the Revised Code, or any property
that is otherwise necessary for evidentiary
purposes related to
any
violations of the laws or rules described in division
(B)(1)
of this
section. An enforcement agent may
enter public or private
premises
where activity alleged to violate the laws or rules
described in division
(B)(1) of this section is occurring.
(3) Enforcement agents who are
on, immediately adjacent to,
or across from retail liquor permit premises
and who are
performing investigative duties relating to that premises,
enforcement agents who are on premises that are not liquor permit
premises but
on which a violation of Title XLIII of the Revised
Code or any rule adopted
under it allegedly is occurring, and
enforcement agents who view a
suspected violation of Title XLIII
of the Revised Code, of a rule
adopted under it, or of another law
or rule described in division
(B)(1) of this section have the
authority to enforce the laws
and rules
described in division
(B)(1) of this section, authority to enforce
any section in Title
XXIX of the Revised Code or any other section of the
Revised Code
listed in section 5502.13 of the Revised Code if they witness a
violation of the section under
any of the circumstances described
in this division, and authority
to make arrests for violations
of
the laws and rules described in division
(B)(1) of this section
and violations of any of those sections.
(4) The jurisdiction of an
enforcement agent
under division
(B) of this section shall be concurrent with
that of the peace
officers of the county, township,
or municipal corporation in
which the violation occurs.
(C) Enforcement agents of the department
of public
safety
who are engaged in the enforcement of the laws and rules
described
in division (B)(1) of this section may carry
concealed weapons
when conducting
undercover investigations pursuant to their
authority as law enforcement
officers and while acting within the
scope of their authority pursuant to this
chapter.
(D)(1) The department of public safety shall not employ, and
the
director of public safety shall not designate, a person as an
enforcement
agent on a permanent basis, on a
temporary basis, for
a
probationary term, or on other than a permanent basis if the
person previously
has been convicted of or has pleaded guilty to a
felony.
(2)(a) The department of public safety shall terminate the
employment of a person who is designated as an enforcement agent
and who does
either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.29
2929.43 of the Revised Code in which the
enforcement agent agrees
to surrender the
certificate awarded to that agent under section
109.77 of the Revised
Code.
(b) The department shall suspend the employment of a person
who is designated as an
enforcement agent if the person is
convicted, after
trial, of a felony. If the enforcement
agent
files
an appeal from that conviction and the conviction
is upheld
by the highest court to which the appeal is taken or if no timely
appeal is filed, the department shall terminate the employment of
that agent.
If the enforcement agent files an appeal
that results
in that
agent's acquittal of the felony or conviction of a
misdemeanor, or in the
dismissal of the
felony charge against the
agent, the department shall reinstate
the agent.
An enforcement
agent who is
reinstated under division (D)(2)(b) of this section
shall not receive any back pay unless the conviction of that agent
of the
felony was reversed on appeal, or the felony
charge was
dismissed, because the court found insufficient evidence to
convict
the agent of the felony.
(3) Division (D) of this section does not apply regarding an
offense that was committed prior to January 1, 1997.
(4) The suspension or termination of the employment of a
person designated
as an enforcement agent under division
(D)(2) of
this section shall be in accordance with Chapter 119. of the
Revised
Code.
Sec. 5743.45. (A) As used in this section,
"felony"
has the
same meaning as in section 109.511 of the Revised Code.
(B) For purposes of enforcing this chapter and
Chapters
5735., 5739., 5741., and 5747. of the Revised Code and subject to
division (C) of this section, the
tax commissioner, by journal
entry, may delegate any
investigation powers of the commissioner
to an employee of the
department of taxation who has been
certified by the Ohio peace
officer training commission and who is
engaged in the enforcement of
those chapters. A separate journal
entry shall be entered for
each employee to whom that power is
delegated. Each journal
entry shall be a matter of public record
and shall be maintained
in an administrative portion of the
journal as provided for in
division (L) of section 5703.05 of the
Revised Code. When
that journal entry is completed, the employee
to whom it pertains,
while engaged within the scope of the
employee's duties in
enforcing the provisions of this chapter or
Chapter 5735., 5739., 5741., or
5747. of the Revised Code, has the
power of a police officer to
carry concealed weapons, make
arrests, and obtain warrants for
violations of any provision in
those chapters. The commissioner, at
any time, may suspend or
revoke
that the commissioner's delegation by
journal
entry. No
employee of the department shall divulge any information acquired
as a
result of an investigation pursuant to this chapter or
Chapter
5735., 5739., 5741., or 5747. of the Revised Code, except
as may
be required by the commissioner or a court.
(C)(1) The tax commissioner shall not delegate
any
investigation powers to an employee of the department of
taxation
pursuant to division (B) of this section on a
permanent basis, on
a temporary basis, for a probationary term,
or on other than a
permanent basis if the employee previously has
been convicted of
or has pleaded guilty to a felony.
(2)(a) The tax commissioner shall revoke the
delegation of
investigation powers to an employee to whom the
delegation was
made pursuant to division (B) of this
section if that employee
does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.29
2929.43 of the Revised Code in which the
employee agrees to
surrender the certificate awarded to that
employee under section
109.77 of the Revised Code.
(b) The tax commissioner shall suspend the
delegation of
investigation powers to an employee to whom the
delegation was
made pursuant to division (B) of this
section if that employee is
convicted, after trial, of a
felony. If the employee files an
appeal from that
conviction and the conviction is
upheld by the
highest court to which the appeal is taken or if
the employee does
not file a timely appeal, the commissioner
shall revoke the
delegation of investigation powers to that
employee. If the
employee files an appeal that results in that employee's
acquittal
of the felony or conviction of a misdemeanor, or in the dismissal
of
the felony charge against that employee, the commissioner
shall
reinstate the delegation of investigation powers to that
employee.
The suspension, revocation, and reinstatement of the
delegation of
investigation powers to an employee under division
(C)(2) of this
section shall be made by journal entry
pursuant to division (B) of
this section. An employee to
whom the delegation of investigation
powers is reinstated under
division (C)(2)(b) of this section
shall
not receive any back pay for the exercise of those
investigation
powers unless that employee's conviction of the
felony was
reversed on appeal, or the felony charge was
dismissed,
because the court found insufficient evidence to
convict the
employee of the felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension or revocation of the delegation of
investigation powers
to an employee under division (C)(2) of this
section shall be in
accordance with Chapter 119. of the Revised
Code.
Sec. 5907.021. (A) As used in this section,
"felony"
has
the same meaning as in section 109.511 of the Revised Code.
(B)(1) The superintendent of the Ohio
veterans' home shall
not appoint a person as a chief of police
or an employee as an
Ohio veterans' home police officer on a
permanent basis, on a
temporary basis, for a probationary term,
or on other than a
permanent basis if the person or employee
previously has been
convicted of or has pleaded guilty to a
felony.
(2)(a) The superintendent of the Ohio
veterans' home shall
terminate the employment of a chief of
police or the employment as
an Ohio veterans' home
police officer of an employee appointed as
an Ohio veterans'
home police officer if that chief of police or
employee does either of the
following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.29
2929.43 of the Revised Code in which the
chief of police or
employee agrees to surrender the certificate
awarded to that chief
of police or employee under section 109.77
of the Revised Code.
(b) The superintendent shall suspend from
employment a chief
of police or from employment as an
Ohio veterans' home police
officer an employee appointed as
an Ohio veterans' home police
officer if that chief of police
or employee is convicted, after
trial, of a felony. If the chief of police or
the employee files
an appeal from that conviction and the
conviction is upheld by the
highest court to which the appeal is
taken or if the chief of
police or the employee does not file a timely appeal,
the
superintendent
shall terminate the employment of that chief of
police or that
employee as an Ohio veterans' home police officer.
If the
chief of police or the employee files an appeal that
results in
that chief of police's or that employee's acquittal of
the felony or conviction of a misdemeanor, or in the dismissal of
the felony
charge against that chief of police or that employee,
the superintendent
shall reinstate that chief of police or that
employee as an
Ohio veterans' home police officer. A chief of
police or an
employee who is reinstated as an Ohio veterans' home
police officer under division (B)(2)(b) of this
section shall not
receive any back pay unless the conviction of that chief of
police
or that employee of
the felony was reversed on appeal, or the
felony charge was dismissed, because the court
found insufficient
evidence to convict the chief of police or the employee of
the
felony.
(3) Division (B) of this section does not apply
regarding an
offense that was committed prior to
January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of a chief of police or an Ohio veterans' home
police officer under
division (B)(2) of this section shall be in
accordance with
Chapter 119. of the Revised Code.
Sec. 6101.75. (A) As used in this section,
"felony"
has
the
same meaning as in section 109.511 of the Revised Code.
(B) The board of directors of a conservancy district
may
police the works of the district and, in times of great
emergency,
may compel assistance in the protection of those
works. The board
may prevent persons, vehicles, or livestock from
passing over the
property or works of the district at any places
or in any manner
that would result in damage to
the property or works or in the
opinion of the board would endanger the property or works or
the
safety of persons lawfully on the property or works.
The employees that the board designates for that purpose have
all
the powers of police officers within and adjacent to the
properties owned or controlled by the district. Before entering
upon the exercise of those powers, each employee shall take
an
oath and give a bond to the state, in the amount that
the board
prescribes, for the proper exercise of those powers.
The cost of
the bond shall be borne by the district. This
division is subject
to division (C) of this section.
(C)(1) The board of directors shall not
designate an
employee as provided in division (B) of
this section on a
permanent basis, on a temporary basis, for a
probationary term, or
on other than a permanent basis if the
employee previously has
been convicted of or has pleaded guilty
to a felony.
(2)(a) The board of directors shall terminate
the employment
of an employee designated as provided in division
(B) of this
section if that employee does either of the following:
(i) Pleads guilty to a felony;
(ii) Pleads guilty to a misdemeanor pursuant to a
negotiated
plea agreement as provided in division (D) of
section
2929.29
2929.43 of the Revised Code in which the
employee agrees to
surrender the certificate awarded to that
employee under section
109.77 of the Revised Code.
(b) The board of directors shall suspend from
employment an
employee designated as provided in division
(B) of this section if
that employee is convicted, after
trial, of a felony. If the
employee files an
appeal from that conviction and the
conviction
is upheld by the highest court to which the appeal is
taken or if
the employee does not file a timely appeal, the board
shall
terminate the employment of that employee. If the employee
files
an appeal that results in that employee's acquittal of the felony
or
conviction of a misdemeanor, or in the dismissal of the felony
charge against
that employee, the board shall reinstate that
employee. An
employee who is reinstated under division
(C)(2)(b)
of this section shall not receive
any back pay unless that
employee's conviction of the felony
was reversed on appeal, or the
felony charge was
dismissed, because the court found insufficient
evidence to
convict the employee of the felony.
(3) Division (C) of this section does not apply
regarding an
offense that was committed prior to January 1, 1997.
(4) The suspension from employment, or the termination of
the employment,
of an employee under division (C)(2) of this
section shall be in
accordance with Chapter 119. of the Revised
Code.
Section 2. That existing sections 1.05, 109.42,
109.511,
109.77, 120.06, 120.16, 120.26, 149.43, 306.352,
307.93, 311.04,
321.44, 341.14, 341.19, 341.21, 341.23, 505.49, 509.01,
511.232,
737.052, 737.162,
737.41, 753.02, 753.04, 753.16, 1501.013,
1503.29, 1517.10,
1531.132,
1541.11, 1545.13,
1547.523,
1547.99,
1702.80, 1713.50,
2152.02, 2152.19, 2152.20,
2301.03,
2301.27,
2301.28, 2301.30,
2301.32, 2301.56, 2305.234, 2901.02,
2903.13,
2905.12, 2907.01, 2907.15, 2907.27, 2907.31, 2907.35, 2919.22,
2923.14, 2925.11,
2929.01,
2929.17, 2929.18, 2929.19,
2929.221,
2929.24, 2929.25, 2929.28,
2929.29, 2929.31, 2929.35, 2929.37, 2929.38, 2929.41, 2930.06,
2935.33,
2937.07,
2945.17, 2947.06, 2947.19, 2947.21,
2949.111,
2950.01,
2950.99,
2951.01, 2951.011, 2951.02, 2951.021,
2951.041,
2951.05,
2951.06,
2951.07, 2951.08, 2951.10, 2953.31,
2953.32,
2953.33,
2961.01,
2963.01, 2963.11, 2963.20, 2963.21,
2967.02,
2967.22,
2967.26,
2969.11, 2969.12, 2969.13, 2969.14,
3313.65,
3321.38,
3345.04,
3719.12, 3719.121,
3719.70, 3734.44,
3735.311,
3748.99, 3793.13,
3937.43,
3959.13, 4503.13, 4507.091, 4510.037, 4510.14, 4511.181,
4511.19, 4511.213, 4511.512, 4511.69,
4511.99,
4717.05, 4734.35,
4761.13,
4973.171,
5101.28, 5101.45,
5119.14, 5120.10,
5120.102,
5120.103,
5120.56, 5122.01, 5122.10,
5122.21, 5122.26,
5123.13,
5147.12,
5147.30, 5149.03,
5149.18, 5149.31,
5321.01, 5502.14,
5743.45,
5907.021,
and
6101.75 and
sections
737.30,
737.99,
2929.21,
2929.22, 2929.23, 2929.36,
2929.51, 2933.16, and 2951.09
of the
Revised
Code
are
hereby
repealed.
Section 3. Notwithstanding division (B) of section 1.58 of
the Revised Code, the provisions of the Revised Code in existence
prior
to January 1, 2004, shall apply to a person upon whom a
court
imposed
prior to that date a term of imprisonment for a
misdemeanor
offense and to a person upon whom a court, on or after
that date
and in accordance with the law in existence prior to
that date,
imposed a term of imprisonment for a misdemeanor
offense that was
committed prior to that date.
The provisions of the Revised Code in existence on and after
January 1, 2004, apply to a person who commits a misdemeanor
offense
on or
after that date.
Section 4. Sections 1 and 2 of this act shall take effect
January 1, 2004.
Section 5. Section 1.05 of the Revised Code is presented in
this
act as a composite of the section as amended by both Am. Sub.
S.B.
166 and Am. Sub. S.B. 269 of the 121st General Assembly.
Section 109.77 of the Revised Code is presented
in this act
as a
composite of the section as amended by Sub. H.B.
148, Am.
Sub.
H.B. 163,
and Am. S.B. 137 of the 123rd General
Assembly.
Section
1702.80 of the Revised Code is presented in this act as a
composite of the section as amended by both Am. Sub. H.B. 566 and
Sub. H.B. 670 of the 121st General Assembly. Section 1713.50
of
the Revised Code is presented in this act as a composite of the
section as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of
the 121st General Assembly. Section 2301.03 of the Revised Code is
presented in
this
act as a composite of the section as amended by
both Sub. H.B. 8
and Sub. H.B. 393 of
the 124th General Assembly.
Section 2301.32
of the Revised
Code is
presented in
this act as a
composite of the
section as
amended by
both Am. Sub.
H.B. 571 and
Am. Sub. H.B. 406
of the
120th General
Assembly. Section 2907.01 of the Revised Code is presented in this act as a composite of the section as amended by both Sub. H.B. 8 and Am. Sub. S.B. 9 of the 124th General Assembly. Section
2929.18
of the
Revised Code is presented in
this act
as a
composite of the
section as amended by both Am. Sub.
S.B.
123 and Sub. H.B. 170 of
the 124th General Assembly. Section 2929.19 of the Revised Code
is
presented in
this act as a composite of the section as amended
by
Sub. H.B. 170, Sub. H.B. 485, and Am. Sub. S.B. 123, all of
the
124th General Assembly.
Section 2929.221 (2929.34) of the
Revised Code is presented in
this act as a
composite of the
section as amended by both Am. Sub.
S.B. 269 and
Am. Sub. S.B. 166
of the 121st General Assembly. Section
3345.04 of the Revised
Code
is presented in
this act as a
composite of the section as
amended
by both Am. Sub.
H.B. 566 and
Am. Sub. H.B. 568 of the
121st
General Assembly.
Section 4511.99 of the Revised Code is
presented in
this act as a
composite of the section as amended by
both Am. Sub. S.B. 123 and
Am. Sub. S.B. 231 of
the 124th
General Assembly.
Section
5119.14 of the Revised Code is
presented in this
act as a
composite of the section as amended by
both Am. Sub. H.B.
566 and
Sub. H.B. 670 of the 121st General
Assembly. Section
5123.13
of
the Revised Code is presented in
this act as a
composite of the
section as amended by both Am. Sub.
H.B. 566 and
Sub. H.B. 670 of
the 121st General Assembly. Section
5743.45 of
the Revised
Code
is presented in this act as a
composite of the
section as
amended
by both Am. Sub. H.B. 566 and
Sub. H.B. 670 of
the 121st
General
Assembly. The General Assembly,
applying the
principle stated in
division
(B) of section 1.52 of
the Revised
Code that amendments
are to be
harmonized if
reasonably capable of
simultaneous
operation, finds
that the
specified composite is the resulting
version of
the specified
sections in
effect prior
to the effective
date of
the section
as
presented in
this act.
Section 6. That section 4507.162 of the Revised Code be
amended to read as follows:
Sec. 4507.162. (A) Except as provided in division (C) of
this section, the registrar of motor vehicles shall suspend the
probationary driver's license, restricted license,
or temporary
instruction permit issued to any
person when the person
has been
convicted of, pleaded guilty to, or been adjudicated in
juvenile
court of having committed, prior to the person's eighteenth
birthday, any of the following:
(1) Three separate violations of
section 2903.06, 2903.08,
2921.331, 4511.12, 4511.13,
4511.15, 4511.191, 4511.192, 4511.20,
4511.201, 4511.202,
4511.21, 4511.22, 4511.23, 4511.25 to 4511.48,
4511.57 to
4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the
Revised
Code, section 2903.04 of the
Revised Code in a case in
which the
person would have been subject to the sanctions
described in
division (D) of that section had the person been
convicted of
the
violation of that section, former section 2903.07
of the Revised Code, or any
municipal ordinances similarly
relating to the offenses referred to in those
sections;
(2) One violation of section 4511.19 of the Revised Code
or
a substantially similar municipal ordinance;
(3) Two separate violations of any of
the Revised
Code
sections referred to in
division (A)(1) of this
section, or any
municipal ordinance that is substantially similar
to any of those
sections.
Any person whose license or permit is suspended under
division
(A)(1), (2), or (3) of
this section shall mail or deliver
the person's probationary
driver's
license, restricted license, or
temporary
instruction permit to the registrar within fourteen
days
of notification of the suspension. The registrar shall
retain the
license or permit during the period of the suspension. A
suspension pursuant to division (A)(1) of this section shall
remain in effect until one year has elapsed since the date of
suspension of the probationary driver's license, restricted
license, or temporary instruction permit, a
suspension
pursuant to
division (A)(2) of this
section shall remain in effect until six
months have elapsed
since the date of the suspension, and a
suspension pursuant to division
(A)(3) of this section shall
remain in effect until ninety days have elapsed since the date
of
the suspension.
If the person's probationary
driver's license,
restricted license, or temporary
instruction permit is under
suspension on
the
date the court imposes sentence upon the person
for a violation
described in division (A)(2) of this section, the
suspension
shall take effect on the next day immediately following
the end
of that period of suspension. If the person is sixteen
years of
age or older and pleads guilty to or is convicted of a
violation
described in division (A)(2) of this section and the
person
does not have
a current, valid probationary driver's
license, restricted
license, or temporary instruction permit, the
registrar shall
deny the issuance to the person of a
probationary
driver's license, restricted license, driver's
license, commercial
driver's license, or temporary instruction permit, as the case
may
be, for six months beginning on
the date the court imposes
sentence upon the person for the
violation. If the person has not
attained the age of sixteen
years on the date the court imposes
sentence upon the person
for the
violation, the period of denial
shall commence on the date the
person attains the age of sixteen
years.
(B) The registrar also shall suspend the temporary
instruction permit or probationary driver's license of any person
under the age of eighteen who has been adjudicated unruly,
delinquent, or a juvenile traffic offender for having committed
any act that if committed by an adult would be a drug abuse
offense as defined in section 2925.01 of the Revised Code, or a
violation of division (B) of section 2917.11 of the Revised Code
until the person reaches the age of eighteen years or attends, at
the discretion of the court, and satisfactorily completes a drug
abuse or alcohol abuse education, intervention, or treatment
program specified by the court. Any person whose temporary
instruction permit or probationary driver's license is suspended
under this division shall mail or deliver the person's
permit or
license
to the registrar within fourteen days of notification of
the
suspension. The registrar shall retain the permit or license
during
the
period of the suspension.
(C)(1) A person is not entitled to request, and a court
shall
not grant to the person,
occupational
limited driving
privileges
under division
(C) of this section if
a person is
convicted of,
pleads guilty to, or is
adjudicated in juvenile
court of having
committed a
second or third
violation of section
4511.12, 4511.13,
4511.15,
4511.20
to
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57
to
4511.65, or
4511.75 of the Revised Code or any
similar
municipal
ordinances, and the
person, within the preceding
seven
years, has
been convicted of, pleaded guilty to, or
adjudicated in
juvenile
court of having committed three or more
violations of one
or more
of the following:
(a) Division (A) or (B) of section 4511.19 of the
Revised
Code;
(b) A municipal ordinance relating to operating a
vehicle
while under the influence of alcohol, a drug of abuse, or
alcohol
and a drug of abuse;
(c) A municipal ordinance relating to
operating a vehicle
with a prohibited concentration of alcohol in
the blood, breath,
or urine;
(d) Section 2903.04 of the Revised Code
in a case in which
the person was subject to the sanctions
described in division (D)
of that section;
(e) Division (A)(1) of section 2903.06 or division
(A)(1) of
section 2903.08 of the Revised Code or a municipal ordinance
that
is substantially similar to either of those divisions;
(f) Division
(A)(2), (3), or (4) of section 2903.06,
division (A)(2) of section 2903.08,
or former section 2903.07 of
the
Revised Code, or a municipal ordinance
that is substantially
similar to any of those divisions or that former
section, in a
case in which the jury or judge found that the person
was under
the influence of alcohol, a drug of abuse, or alcohol
and a drug
of abuse.
(2) For any other person who is not described in division
(C)(1) of this section and who is
convicted of, pleads guilty to,
or is adjudicated in juvenile
court of having committed a
second
or third
violation of section
4511.12,
4511.13, 4511.15, 4511.20
to
4511.23, 4511.25, 4511.26 to
4511.48, 4511.57 to 4511.65, or
4511.75 of the Revised Code or
any similar municipal ordinances
and whose license or permit is suspended under division (A)(1) or
(3) of this section,
the
court in which the
second or third
conviction, finding, plea,
or
adjudication
resulting in the
suspension was made, upon petition of the person, may grant
the
person
occupational
limited driving privileges
for the purposes
described in this division, during the period during which the
suspension otherwise would be in effect under division (A)(1) or
(3) of this section, if the court finds
that
the
person will reach
the person's eighteenth birthday
before the
period
of suspension
required to be imposed under division (A)(1)
of
this section
expires and further finds reasonable cause to
believe that the
suspension, if continued beyond the person's
eighteenth birthday,
will seriously affect the person's ability
to
continue in
employment, educational training, vocational training, or
treatment.
The occupational driving
privileges
granted under this
division shall be effective on the
person's
eighteenth birthday
and during the period following such
birthday
for which the
suspension otherwise would be
imposed
A grant of limited driving
privileges under this division may be for the purpose of assisting
the person to continue in employment, educational training,
vocational training, or treatment or to permit the person to
practice driving with the person's parent, guardian, or custodian
during the period of the suspension. In
granting
occupational
the
limited driving privileges, the court shall specify
the
purposes,
times,
and places
at which the person may drive
of the privileges
and may impose
any other
conditions upon the person's use of a
motor vehicle
that the court
considers reasonable and necessary.
A court that grants
occupational
limited driving privileges
to a
person under this division shall retain the person's
probationary
driver's license, restricted license, or temporary
instruction
permit during the period the
license or permit is
suspended and
also during the period for which
occupational
limited driving privileges
are granted, and shall deliver to
the
person a permit card, in a
form to be prescribed by the
court,
setting forth the date on
which the
occupational
limited driving
privileges will become effective,
the purposes for which the
person may drive,
the times and places at which
the person may
drive, and any other
conditions imposed upon the
person's use of a
motor vehicle.
The court immediately shall notify the registrar, in
writing,
of a grant of
occupational
limited driving privileges. The
notification
shall specify the date on which the
occupational
limited
driving
privileges will become effective,
the purposes for
which the person may drive, the times and places at
which
the
person may drive, and any other conditions imposed upon
the
person's use of a motor vehicle. The registrar shall not
suspend
the probationary driver's license, restricted
license, or
temporary instruction permit
of any person pursuant to division
(A) of this section during any
period for which the person has
been granted
occupational
limited driving
privileges as provided
in this
division, if the registrar has
received the notification
described
in this division from the
court.
(D) If a person who has been granted
occupational
limited
driving
privileges under division (C) of this section is convicted
of,
pleads guilty to, or is adjudicated in juvenile court of
having
committed, a violation of section 4507.02 of the Revised
Code, or
a fourth or subsequent violation of any of the other
sections of
the Revised Code listed in division (A)(1) of this
section or any
similar municipal ordinance during the period for
which the
person
was
granted
occupational
limited driving
privileges, the court that
granted
the
occupational
limited
driving privileges shall revoke them and
cancel
the person's
permit card. The court or the clerk of the
court
immediately
shall forward the person's probationary driver's
license,
restricted license, or temporary
instruction permit
together with
written notification
of the court's action to the
registrar. Upon
receipt of the
license or permit and
notification, the registrar
shall suspend the
person's
probationary driver's license,
restricted
license, or temporary
instruction permit for
a period
of one year. The registrar shall
retain the license or permit
during the period of suspension, and
no further
occupational
limited
driving privileges shall be granted during
that period.
(E) No application for a driver's or commercial driver's
license shall be received from any person whose probationary
driver's license, restricted license, or temporary
instruction
permit has been suspended under
this section until
each of the
following has occurred:
(1) The suspension period has expired;
(2) A temporary
instruction permit or commercial driver's
license temporary
instruction permit has been issued;
(3) The person successfully completes a juvenile driver
improvement program approved by the registrar under division
(F)
of this section;
(4) The
applicant has
submitted to the examination for a
driver's license as provided
for in section 4507.11 or a
commercial driver's license as
provided in Chapter 4506. of the
Revised Code.
(F) The registrar shall establish standards for juvenile
driver
improvement programs and shall approve any such programs
that meet the
established standards. The standards established by
the registrar shall
require a minimum of five hours of classroom
instruction, with at least three
hours devoted to driver skill
requirements and two hours devoted to juvenile
driver information
related to the driving records of drivers under the age of
eighteen, driver perceptions, and the value of the traffic laws.
The standards also shall require a person whose probationary
driver's
license was suspended under this section to undertake and
pass, as successful
completion of an approved juvenile driver
improvement program, the driver's
license examination that a
person who holds a temporary instruction permit is
required to
undertake and pass in order to be issued a probationary driver's
license. The person shall pay the applicable fee that is required
to
accompany
an application for a driver's license as prescribed
in division
(E) of section 4507.23 of the
Revised Code.
The
registrar
shall prescribe the requirements for the curriculum to
be provided as well as
other program directives. Only those
programs approved by the registrar shall
be acceptable for
reinstatement of the driving privileges of a person whose
probationary driver's license was suspended under this section.
Section 7. That existing section 4507.162 of the Revised Code
is hereby repealed.
Section 8. The amendments to section 4507.162 of the Revised
Code that are made in Sections 6 and 7 of this act are made for
the period of time that section 4507.162 of the Revised Code is in
existence under that number until, on January 1, 2004, that
section is renumbered by
Am. Sub. S.B. 123 of the 124th General
Assembly to section 4510.31
of the Revised Code and is amended.
On and after January 1, 2004,
the amendments to section 4507.162
of the Revised Code that are
made in Sections 6 and 7 of this act
have no meaning and no force
and effect, and do not affect or
supersede the renumbering and
amendment of section 4507.162 of the
Revised Code that was done in
Am. Sub. S.B. 123 of the 124th
General Assembly.