REPRESENTATIVES Latta, McGregor, Seitz, Fessler, Womer Benjamin, Willamowski, Gilb, Schmidt, Cirelli, Perry, Salerno, D. Miller

To amend sections 1.05, 109.42, 109.511, 109.77,

1

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

2

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

3

505.49, 509.01, 511.232, 737.052, 737.162, 737.41,

4

753.02, 753.04, 753.16, 1501.013, 1503.29,

5

1517.10, 1531.132, 1541.11, 1545.13, 1547.523,

6

1547.99, 1702.80, 1713.50, 2152.02, 2152.19,

7

2152.20, 2301.03, 2301.27, 2301.28, 2301.30,

8

2301.32, 2301.56, 2305.234, 2901.02, 2903.13,

9

2905.12, 2907.01, 2907.15, 2907.27, 2907.31,

10

2907.35, 2919.22, 2923.14, 2925.11, 2929.01,

11

2929.17, 2929.18, 2929.19, 2929.221, 2929.25,

12

2929.28, 2929.31, 2929.35, 2929.37, 2929.38,

13

2929.41, 2930.06, 2935.33, 2937.07, 2945.17,

14

2947.06, 2947.19, 2947.21, 2949.111, 2950.01,

15

2950.99, 2951.01, 2951.011, 2951.02, 2951.021,

16

2951.041, 2951.05, 2951.06, 2951.07, 2951.08,

17

2951.10, 2953.31, 2953.32, 2953.33, 2961.01,

18

2963.01, 2963.11, 2963.20, 2963.21, 2967.02,

19

2967.22, 2967.26, 2969.11, 2969.12, 2969.13,

20

2969.14, 3313.65, 3321.38, 3345.04, 3719.12,

21

3719.121, 3719.70, 3734.44, 3735.311, 3748.99,

22

3793.13, 3937.43, 3959.13, 4503.13, 4507.091,

23

4510.037, 4510.14, 4511.181, 4511.19, 4511.213,

24

4511.512, 4511.69, 4511.99, 4717.05, 4734.35,

25

4761.13, 4973.171, 5101.28, 5101.45, 5119.14,

26

5120.10, 5120.102, 5120.103, 5120.56, 5122.01,

27

5122.10, 5122.21, 5122.26, 5123.13, 5147.12,

28

5147.30, 5149.03, 5149.18, 5149.31, 5321.01,

29

5502.14, 5743.45, 5907.021, and 6101.75; to amend,

30

for the purpose of adopting new section numbers as

31

indicated in parentheses, sections 2929.221

32

(2929.34), 2929.24 (2929.42), 2929.25 (2929.32),

33

2929.28 (2929.71), 2929.29 (2929.43), and 2929.35

34

(2929.36); to enact new sections 2929.21, 2929.22,

35

2929.23, 2929.24, 2929.25, and 2929.28 and sections

36

1905.033, 2929.26, and 2929.27; and to repeal

37

sections 737.30, 737.99, 2929.21, 2929.22, 2929.23,

38

2929.36, 2929.51, 2933.16, and 2951.09 of the

39

Revised Code to implement the recommendations of

40

the Criminal Sentencing Commission pertaining to

41

misdemeanor sentencing generally; to make other

42

changes in the criminal law, including changes in

43

the law regarding matter harmful to juveniles, and

44

in certain provisions regarding the issuance of

45

motor vehicle registrations or driver's licenses;

46

and to amend section 4507.162 of the Revised Code

47

for the period of time that that section is in

48

existence under that number until, on January 1,

49

2004, that section is renumbered by Am. Sub. S.B.

50

123 of the 124th General Assembly as section

51

4510.31 of the Revised Code.

52

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

Section 1.  That sections 1.05, 109.42, 109.511, 109.77,	53
120.06, 120.16, 120.26, 149.43, 306.352, 307.93, 311.04, 321.44,	54
341.14, 341.19, 341.21, 341.23, 505.49, 509.01, 511.232, 737.052,	55
737.162, 737.41, 753.02, 753.04, 753.16, 1501.013, 1503.29,	56
1517.10, 1531.132, 1541.11, 1545.13, 1547.523, 1547.99, 1702.80,	57
1713.50, 2152.02, 2152.19, 2152.20, 2301.03, 2301.27, 2301.28,	58
2301.30, 2301.32, 2301.56, 2305.234, 2901.02, 2903.13, 2905.12,	59
2907.01, 2907.15, 2907.27, 2907.31, 2907.35, 2919.22, 2923.14,	60
2925.11, 2929.01, 2929.17, 2929.18, 2929.19, 2929.221, 2929.25,	61
2929.28, 2929.31, 2929.35, 2929.37, 2929.38, 2929.41, 2930.06,	62
2935.33, 2937.07, 2945.17, 2947.06, 2947.19, 2947.21, 2949.111,	63
2950.01, 2950.99, 2951.01, 2951.011, 2951.02, 2951.021, 2951.041,	64
2951.05, 2951.06, 2951.07, 2951.08, 2951.10, 2953.31, 2953.32,	65
2953.33, 2961.01, 2963.01, 2963.11, 2963.20, 2963.21, 2967.02,	66
2967.22, 2967.26, 2969.11, 2969.12, 2969.13, 2969.14, 3313.65,	67
3321.38, 3345.04, 3719.12, 3719.121, 3719.70, 3734.44, 3735.311,	68
3748.99, 3793.13, 3937.43, 3959.13, 4503.13, 4507.091, 4510.037,	69
4510.14, 4511.181, 4511.19, 4511.213, 4511.512, 4511.69, 4511.99,	70
4717.05, 4734.35, 4761.13, 4973.171, 5101.28, 5101.45, 5119.14,	71
5120.10, 5120.102, 5120.103, 5120.56, 5122.01, 5122.10, 5122.21,	72
5122.26, 5123.13, 5147.12, 5147.30, 5149.03, 5149.18, 5149.31,	73
5321.01, 5502.14, 5743.45, 5907.021, and 6101.75 be amended;	74
sections 2929.221 (2929.34), 2929.24 (2929.42), 2929.25 (2929.32),	75
2929.28 (2929.71), 2929.29 (2929.43), and 2929.35 (2929.36) be	76
amended for the purpose of adopting new section numbers as	77
indicated in parentheses; and new sections 2929.21, 2929.22,	78
2929.23, 2929.24, 2929.25, and 2929.28 and sections 1905.033,	79
2929.26, and 2929.27 of the Revised Code be enacted to read as	80
follows:	81

Sec. 1.05. (A) As used in the Revised Code, unless the	82
context otherwise requires, "imprisoned" or "imprisonment" means:	83

(A) Imprisoned in a county, multicounty, municipal,	84
municipal-county, or multicounty-municipal jail or workhouse, if	85
the offense is a misdemeanor;	86

(B) Imprisoned in a state correctional institution, if the	87
offense is aggravated murder, murder, or an offense punishable by	88
life imprisonment or if the offense is another felony for which	89
the offender is sentenced to prison pursuant to section 2929.14 or	90
division (G)(2) of section 2929.13 of the Revised Code;	91

(C) Imprisoned in a county, multicounty, municipal,	92
municipal-county, or multicounty-municipal jail or workhouse	93
pursuant to section 2929.16 of the Revised Code if the offense is	94
a felony or imprisoned in a county, multicounty, municipal,	95
municipal-county, or multicounty-municipal jail or workhouse	96
pursuant to section 5120.161 of the Revised Code if the offense is	97
a felony of the fourth or fifth degree and is committed by a	98
person who previously has not been convicted of or pleaded guilty	99
to a felony, if the offense is not an offense of violence, and if	100
the department of rehabilitation and correction designates,	101
pursuant to that section, that the person is to be imprisoned in	102
the jail or workhouse;	103

(D)(1) Serving a term in a community-based correctional	104
facility pursuant to section 2929.16 of the Revised Code and	105
consistent with sections 2301.51 to 2301.56 of the Revised Code	106
and the rules of the division of parole and community services,	107
the department of rehabilitation and correction, and the	108
facility's judicial corrections board adopted pursuant to section	109
2301.52 of the Revised Code;	110

(2) Serving a term in a halfway house or an alternative a	111
facility pursuant to of a type described in section 2929.16 or	112
division (G)(1) of section 2929.13 of the Revised Code and	113
consistent with section 2967.14 of the Revised Code and the rules	114
of the division of parole and community services and of the	115
director of rehabilitation and correction adopted pursuant to that	116
section., if the offense is a felony and the offender is sentenced	117
pursuant to that section or division.	118

(3) The inclusion of a community-based correctional	119
facility, a halfway house, and an alternative residential facility	120
in division (D) of this section does not cause the facility or	121
house to be financially responsible for the payment of any medical	122
or other health care expenses incurred in connection with an	123
offender who is serving a term in the facility or house pursuant	124
to section 2929.16 of the Revised Code. Unless another section of	125
the Revised Code requires or authorizes a community-based	126
correctional facility, halfway house, or alternative residential	127
facility to pay for those types of expenses, an offender who is	128
serving a term in the facility or house pursuant to section	129
2929.16 of the Revised Code shall be financially responsible for	130
the payment of those types of expensesbeing imprisoned under a	131
sentence imposed for an offense or serving a term of imprisonment,	132
prison term, jail term, term of local incarceration, or other term	133
under a sentence imposed for an offense in an institution under	134
the control of the department of rehabilitation and correction, a	135
county, multicounty, municipal, municipal-county, or	136
multicounty-municipal jail or workhouse, a minimum security jail,	137
a community-based correctional facility, a halfway house, an	138
alternative residential facility, or another facility described or	139
referred to in section 2929.34 of the Revised Code for the type of	140
criminal offense and under the circumstances specified or referred	141
to in that section.	142

(4)(B) As used in division (D)(A) of this section,	143
"community-based correctional facility," "halfway house," and	144
"alternative residential facility" have the same meanings as in	145
section 2929.01 of the Revised Code.	146

Sec. 109.42.  (A) The attorney general shall prepare and	147
have printed a pamphlet that contains a compilation of all	148
statutes relative to victim's rights in which the attorney general	149
lists and explains the statutes in the form of a victim's bill of	150
rights. The attorney general shall distribute the pamphlet to all	151
sheriffs, marshals, municipal corporation and township police	152
departments, constables, and other law enforcement agencies, to	153
all prosecuting attorneys, city directors of law, village	154
solicitors, and other similar chief legal officers of municipal	155
corporations, and to organizations that represent or provide	156
services for victims of crime. The victim's bill of rights set	157
forth in the pamphlet shall contain a description of all of the	158
rights of victims that are provided for in Chapter 2930. or in any	159
other section of the Revised Code and shall include, but not be	160
limited to, all of the following:	161

(1) The right of a victim or a victim's representative to	162
attend a proceeding before a grand jury, in a juvenile case, or in	163
a criminal case pursuant to a subpoena without being discharged	164
from the victim's or representative's employment, having the	165
victim's or representative's employment terminated, having the	166
victim's or representative's pay decreased or withheld, or	167
otherwise being punished, penalized, or threatened as a result of	168
time lost from regular employment because of the victim's or	169
representative's attendance at the proceeding pursuant to the	170
subpoena, as set forth in section 2151.211, 2930.18, 2939.121, or	171
2945.451 of the Revised Code;	172

(2) The potential availability pursuant to section 2151.359	173
or 2152.61 of the Revised Code of a forfeited recognizance to pay	174
damages caused by a child when the delinquency of the child or	175
child's violation of probation or community control is found to be	176
proximately caused by the failure of the child's parent or	177
guardian to subject the child to reasonable parental authority or	178
to faithfully discharge the conditions of probation or community	179
control;	180

(3) The availability of awards of reparations pursuant to	181
sections 2743.51 to 2743.72 of the Revised Code for injuries	182
caused by criminal offenses;	183

(4) The right of the victim in certain criminal or juvenile	184
cases or a victim's representative to receive, pursuant to section	185
2930.06 of the Revised Code, notice of the date, time, and place	186
of the trial or delinquency proceeding in the case or, if there	187
will not be a trial or delinquency proceeding, information from	188
the prosecutor, as defined in section 2930.01 of the Revised Code,	189
regarding the disposition of the case;	190

(5) The right of the victim in certain criminal or juvenile	191
cases or a victim's representative to receive, pursuant to section	192
2930.04, 2930.05, or 2930.06 of the Revised Code, notice of the	193
name of the person charged with the violation, the case or docket	194
number assigned to the charge, and a telephone number or numbers	195
that can be called to obtain information about the disposition of	196
the case;	197

(6) The right of the victim in certain criminal or juvenile	198
cases or of the victim's representative pursuant to section	199
2930.13 or 2930.14 of the Revised Code, subject to any reasonable	200
terms set by the court as authorized under section 2930.14 of the	201
Revised Code, to make a statement about the victimization and, if	202
applicable, a statement relative to the sentencing or disposition	203
of the offender;	204

(7) The opportunity to obtain a court order, pursuant to	205
section 2945.04 of the Revised Code, to prevent or stop the	206
commission of the offense of intimidation of a crime victim or	207
witness or an offense against the person or property of the	208
complainant, or of the complainant's ward or child;	209

(8) The right of the victim in certain criminal or juvenile	210
cases or a victim's representative pursuant to sections 2151.38,	211
2929.20, 2930.10, 2930.16, and 2930.17 of the Revised Code to	212
receive notice of a pending motion for judicial release or early	213
release of the person who committed the offense against the	214
victim, to make an oral or written statement at the court hearing	215
on the motion, and to be notified of the court's decision on the	216
motion;	217

(9) The right of the victim in certain criminal or juvenile	218
cases or a victim's representative pursuant to section 2930.16,	219
2967.12, 2967.26, or 5139.56 of the Revised Code to receive notice	220
of any pending commutation, pardon, parole, transitional control,	221
discharge, other form of authorized release, post-release control,	222
or supervised release for the person who committed the offense	223
against the victim or any application for release of that person	224
and to send a written statement relative to the victimization and	225
the pending action to the adult parole authority or the release	226
authority of the department of youth services;	227

(10) The right of the victim to bring a civil action	228
pursuant to sections 2969.01 to 2969.06 of the Revised Code to	229
obtain money from the offender's profit fund;	230

(11) The right, pursuant to section 3109.09 of the Revised	231
Code, to maintain a civil action to recover compensatory damages	232
not exceeding ten thousand dollars and costs from the parent of a	233
minor who willfully damages property through the commission of an	234
act that would be a theft offense, as defined in section 2913.01	235
of the Revised Code, if committed by an adult;	236

(12) The right, pursuant to section 3109.10 of the Revised	237
Code, to maintain a civil action to recover compensatory damages	238
not exceeding ten thousand dollars and costs from the parent of a	239
minor who willfully and maliciously assaults a person;	240

(13) The possibility of receiving restitution from an	241
offender or a delinquent child pursuant to section 2152.20,	242
2929.18, or 2929.212929.28 of the Revised Code;	243

(14) The right of the victim in certain criminal or juvenile	244
cases or a victim's representative, pursuant to section 2930.16 of	245
the Revised Code, to receive notice of the escape from confinement	246
or custody of the person who committed the offense, to receive	247
that notice from the custodial agency of the person at the	248
victim's last address or telephone number provided to the	249
custodial agency, and to receive notice that, if either the	250
victim's address or telephone number changes, it is in the	251
victim's interest to provide the new address or telephone number	252
to the custodial agency;	253

(15) The right of a victim of domestic violence to seek the	254
issuance of a temporary protection order pursuant to section	255
2919.26 of the Revised Code, to seek the issuance of a civil	256
protection order pursuant to section 3113.31 of the Revised Code,	257
and to be accompanied by a victim advocate during court	258
proceedings;	259

(16) The right of a victim of a sexually oriented offense	260
that is committed by a person who is adjudicated as being a sexual	261
predator or, in certain cases, by a person who is determined to be	262
a habitual sex offender to receive, pursuant to section 2950.10 of	263
the Revised Code, notice that the person has registered with a	264
sheriff under section 2950.04 or 2950.05 of the Revised Code and	265
notice of the person's name and residence address or addresses,	266
and a summary of the manner in which the victim must make a	267
request to receive the notice. As used in this division,	268
"sexually oriented offense," "adjudicated as being a sexual	269
predator," and "habitual sex offender" have the same meanings as	270
in section 2950.01 of the Revised Code.	271

(17) The right of a victim of certain sexually violent	272
offenses committed by a sexually violent predator who is sentenced	273
to a prison term pursuant to division (A)(3) of section 2971.03 of	274
the Revised Code to receive, pursuant to section 2930.16 of the	275
Revised Code, notice of a hearing to determine whether to modify	276
the requirement that the offender serve the entire prison term in	277
a state correctional facility, whether to continue, revise, or	278
revoke any existing modification of that requirement, or whether	279
to terminate the prison term. As used in this division, "sexually	280
violent offense" and "sexually violent predator" have the same	281
meanings as in section 2971.01 of the Revised Code.	282

(B)(1)(a) Subject to division (B)(1)(c) of this section, a	283
prosecuting attorney, assistant prosecuting attorney, city	284
director of law, assistant city director of law, village	285
solicitor, assistant village solicitor, or similar chief legal	286
officer of a municipal corporation or an assistant of any of those	287
officers who prosecutes an offense committed in this state, upon	288
first contact with the victim of the offense, the victim's family,	289
or the victim's dependents, shall give the victim, the victim's	290
family, or the victim's dependents a copy of the pamphlet prepared	291
pursuant to division (A) of this section and explain, upon	292
request, the information in the pamphlet to the victim, the	293
victim's family, or the victim's dependents.	294

(b) Subject to division (B)(1)(c) of this section, a law	295
enforcement agency that investigates an offense or delinquent act	296
committed in this state shall give the victim of the offense or	297
delinquent act, the victim's family, or the victim's dependents a	298
copy of the pamphlet prepared pursuant to division (A) of this	299
section at one of the following times:	300

(i) Upon first contact with the victim, the victim's family,	301
or the victim's dependents;	302

(ii) If the offense or delinquent act is an offense of	303
violence, if the circumstances of the offense or delinquent act	304
and the condition of the victim, the victim's family, or the	305
victim's dependents indicate that the victim, the victim's family,	306
or the victim's dependents will not be able to understand the	307
significance of the pamphlet upon first contact with the agency,	308
and if the agency anticipates that it will have an additional	309
contact with the victim, the victim's family, or the victim's	310
dependents, upon the agency's second contact with the victim, the	311
victim's family, or the victim's dependents.	312

If the agency does not give the victim, the victim's family,	313
or the victim's dependents a copy of the pamphlet upon first	314
contact with them and does not have a second contact with the	315
victim, the victim's family, or the victim's dependents, the	316
agency shall mail a copy of the pamphlet to the victim, the	317
victim's family, or the victim's dependents at their last known	318
address.	319

(c) In complying on and after December 9, 1994, with the	320
duties imposed by division (B)(1)(a) or (b) of this section, an	321
official or a law enforcement agency shall use copies of the	322
pamphlet that are in the official's or agency's possession on	323
December 9, 1994, until the official or agency has distributed all	324
of those copies. After the official or agency has distributed all	325
of those copies, the official or agency shall use only copies of	326
the pamphlet that contain at least the information described in	327
division (A)(1) to (17) of this section.	328

(2) The failure of a law enforcement agency or of a	329
prosecuting attorney, assistant prosecuting attorney, city	330
director of law, assistant city director of law, village	331
solicitor, assistant village solicitor, or similar chief legal	332
officer of a municipal corporation or an assistant to any of those	333
officers to give, as required by division (B)(1) of this section,	334
the victim of an offense or delinquent act, the victim's family,	335
or the victim's dependents a copy of the pamphlet prepared	336
pursuant to division (A) of this section does not give the victim,	337
the victim's family, the victim's dependents, or a victim's	338
representative any rights under section 122.95, 2743.51 to	339
2743.72, 2945.04, 2967.12, 2969.01 to 2969.06, 3109.09, or 3109.10	340
of the Revised Code or under any other provision of the Revised	341
Code and does not affect any right under those sections.	342

(3) A law enforcement agency, a prosecuting attorney or	343
assistant prosecuting attorney, or a city director of law,	344
assistant city director of law, village solicitor, assistant	345
village solicitor, or similar chief legal officer of a municipal	346
corporation that distributes a copy of the pamphlet prepared	347
pursuant to division (A) of this section shall not be required to	348
distribute a copy of an information card or other printed material	349
provided by the clerk of the court of claims pursuant to section	350
2743.71 of the Revised Code.	351

(C) The cost of printing and distributing the pamphlet	352
prepared pursuant to division (A) of this section shall be paid	353
out of the reparations fund, created pursuant to section 2743.191	354
of the Revised Code, in accordance with division (D) of that	355
section.	356

(D) As used in this section:

357

(1) "Victim's representative" has the same meaning as in	358
section 2930.01 of the Revised Code;	359

(2) "Victim advocate" has the same meaning as in section	360
2919.26 of the Revised Code.	361

Sec. 109.511.  (A) As used in this section, "felony" means	362
any of the following:	363

(1) An offense committed in this state that is a felony	364
under the law of this state;	365

(2) An offense committed in a state other than this state,	366
or under the law of the United States, that, if committed in this	367
state, would be a felony under the law of this state.	368

(B) The superintendent of the bureau of criminal	369
identification and investigation shall not appoint or employ any	370
person as an investigator or a special agent on a permanent basis,	371
on a temporary basis, for a probationary term, or on other than a	372
permanent basis if the person previously has been convicted of or	373
has pleaded guilty to a felony.	374

(C)(1) The superintendent shall terminate the employment of	375
an investigator or a special agent who does either of the	376
following:	377

(a) Pleads guilty to a felony;

378

(b) Pleads guilty to a misdemeanor pursuant to a negotiated	379
plea agreement as provided in division (D) of section 2929.29	380
2929.43 of the Revised Code in which the investigator or special	381
agent agrees to surrender the certificate awarded to the	382
investigator or special agent under section 109.77 of the Revised	383
Code.	384

(2) The superintendent shall suspend from employment an	385
investigator or a special agent who is convicted, after trial, of	386
a felony. If the investigator or special agent files an appeal	387
from that conviction and the conviction is upheld by the highest	388
court to which the appeal is taken or if the investigator or	389
special agent does not file a timely appeal, the superintendent	390
shall terminate the employment of that investigator or special	391
agent. If the investigator or special agent files an appeal that	392
results in that investigator's or special agent's acquittal of the	393
felony or conviction of a misdemeanor, or in the dismissal of the	394
felony charge against the investigator or special agent, the	395
superintendent shall reinstate that investigator or special agent.	396
An investigator or a special agent who is reinstated under this	397
division shall not receive any back pay unless that investigator's	398
or special agent's conviction of the felony was reversed on	399
appeal, or the felony charge was dismissed, because the court	400
found insufficient evidence to convict the investigator or special	401
agent of the felony.	402

(D) This section does not apply regarding an offense that	403
was committed prior to January 1, 1997.	404

(E) The suspension from employment or the termination of the	405
employment of an investigator or a special agent under division	406
(C) of this section shall be in accordance with Chapter 119. of	407
the Revised Code.	408

Sec. 109.77.  (A) As used in this section, "felony" has the	409
same meaning as in section 109.511 of the Revised Code.	410

(B)(1) Notwithstanding any general, special, or local law or	411
charter to the contrary, and except as otherwise provided in this	412
section, no person shall receive an original appointment on a	413
permanent basis as any of the following unless the person	414
previously has been awarded a certificate by the executive	415
director of the Ohio peace officer training commission attesting	416
to the person's satisfactory completion of an approved state,	417
county, municipal, or department of natural resources peace	418
officer basic training program:	419

(a) A peace officer of any county, township, municipal	420
corporation, regional transit authority, or metropolitan housing	421
authority;	422

(b) A natural resources law enforcement staff officer, park	423
officer, forest officer, preserve officer, wildlife officer, or	424
state watercraft officer of the department of natural resources;	425

(c) An employee of a park district under section 511.232 or	426
1545.13 of the Revised Code;	427

(d) An employee of a conservancy district who is designated	428
pursuant to section 6101.75 of the Revised Code;	429

(e) A state university law enforcement officer;

430

(f) A special police officer employed by the department of	431
mental health pursuant to section 5119.14 of the Revised Code or	432
the department of mental retardation and developmental	433
disabilities pursuant to section 5123.13 of the Revised Code;	434

(g) An enforcement agent of the department of public safety	435
whom the director of public safety designates under section	436
5502.14 of the Revised Code;	437

(h) A special police officer employed by a port authority	438
under section 4582.04 or 4582.28 of the Revised Code.	439

(2) Every person who is appointed on a temporary basis or	440
for a probationary term or on other than a permanent basis as any	441
of the following shall forfeit the appointed position unless the	442
person previously has completed satisfactorily or, within the time	443
prescribed by rules adopted by the attorney general pursuant to	444
section 109.74 of the Revised Code, satisfactorily completes a	445
state, county, municipal, or department of natural resources peace	446
officer basic training program for temporary or probationary	447
officers and is awarded a certificate by the director attesting to	448
the satisfactory completion of the program:	449

(a) A peace officer of any county, township, municipal	450
corporation, regional transit authority, or metropolitan housing	451
authority;	452

(b) A natural resources law enforcement staff officer, park	453
officer, forest officer, preserve officer, wildlife officer, or	454
state watercraft officer of the department of natural resources;	455

(c) An employee of a park district under section 511.232 or	456
1545.13 of the Revised Code;	457

(d) An employee of a conservancy district who is designated	458
pursuant to section 6101.75 of the Revised Code;	459

(e) A special police officer employed by the department of	460
mental health pursuant to section 5119.14 of the Revised Code or	461
the department of mental retardation and developmental	462
disabilities pursuant to section 5123.13 of the Revised Code;	463

(f) An enforcement agent of the department of public safety	464
whom the director of public safety designates under section	465
5502.14 of the Revised Code;	466

(g) A special police officer employed by a port authority	467
under section 4582.04 or 4582.28 of the Revised Code.	468

(3) For purposes of division (B) of this section, a state,	469
county, municipal, or department of natural resources peace	470
officer basic training program, regardless of whether the program	471
is to be completed by peace officers appointed on a permanent or	472
temporary, probationary, or other nonpermanent basis, shall	473
include at least fifteen hours of training in the handling of the	474
offense of domestic violence, other types of domestic	475
violence-related offenses and incidents, and protection orders and	476
consent agreements issued or approved under section 2919.26 or	477
3113.31 of the Revised Code and at least six hours of crisis	478
intervention training. The requirement to complete fifteen hours	479
of training in the handling of the offense of domestic violence,	480
other types of domestic violence-related offenses and incidents,	481
and protection orders and consent agreements issued or approved	482
under section 2919.26 or 3113.31 of the Revised Code does not	483
apply to any person serving as a peace officer on March 27, 1979,	484
and the requirement to complete six hours of training in crisis	485
intervention does not apply to any person serving as a peace	486
officer on April 4, 1985. Any person who is serving as a peace	487
officer on April 4, 1985, who terminates that employment after	488
that date, and who subsequently is hired as a peace officer by the	489
same or another law enforcement agency shall complete the six	490
hours of training in crisis intervention within the time	491
prescribed by rules adopted by the attorney general pursuant to	492
section 109.742 of the Revised Code. No peace officer shall have	493
employment as a peace officer terminated and then be reinstated	494
with intent to circumvent this section.	495

(4) Division (B) of this section does not apply to any	496
person serving on a permanent basis on March 28, 1985, as a park	497
officer, forest officer, preserve officer, wildlife officer, or	498
state watercraft officer of the department of natural resources or	499
as an employee of a park district under section 511.232 or 1545.13	500
of the Revised Code, to any person serving on a permanent basis on	501
March 6, 1986, as an employee of a conservancy district designated	502
pursuant to section 6101.75 of the Revised Code, to any person	503
serving on a permanent basis on January 10, 1991, as a preserve	504
officer of the department of natural resources, to any person	505
employed on a permanent basis on July 2, 1992, as a special police	506
officer by the department of mental health pursuant to section	507
5119.14 of the Revised Code or by the department of mental	508
retardation and developmental disabilities pursuant to section	509
5123.13 of the Revised Code, to any person serving on a permanent	510
basis on the effective date of this amendmentMay17, 2000, as a	511
special police officer employed by a port authority under section	512
4582.04 or 4582.28 of the Revised Code, to any person serving on a	513
permanent basis on June 19, 1978, as a state university law	514
enforcement officer pursuant to section 3345.04 of the Revised	515
Code and who, immediately prior to June 19, 1978, was serving as a	516
special police officer designated under authority of that section,	517
or to any person serving on a permanent basis on September 20,	518
1984, as a liquor control investigator, known after June 30, 1999,	519
as an enforcement agent of the department of public safety,	520
engaged in the enforcement of Chapters 4301. and 4303. of the	521
Revised Code.	522

(5) Division (B) of this section does not apply to any	523
person who is appointed as a regional transit authority police	524
officer pursuant to division (Y) of section 306.35 of the Revised	525
Code if, on or before July 1, 1996, the person has completed	526
satisfactorily an approved state, county, municipal, or department	527
of natural resources peace officer basic training program and has	528
been awarded a certificate by the executive director of the Ohio	529
peace officer training commission attesting to the person's	530
satisfactory completion of such an approved program and if, on	531
July 1, 1996, the person is performing peace officer functions for	532
a regional transit authority.	533

(C) No person, after September 20, 1984, shall receive an	534
original appointment on a permanent basis as an Ohio veterans'	535
home police officer designated under section 5907.02 of the	536
Revised Code unless the person previously has been awarded a	537
certificate by the executive director of the Ohio peace officer	538
training commission attesting to the person's satisfactory	539
completion of an approved police officer basic training program.	540
Every person who is appointed on a temporary basis or for a	541
probationary term or on other than a permanent basis as an Ohio	542
veterans' home police officer designated under section 5907.02 of	543
the Revised Code shall forfeit that position unless the person	544
previously has completed satisfactorily or, within one year from	545
the time of appointment, satisfactorily completes an approved	546
police officer basic training program.	547

(D) No bailiff or deputy bailiff of a court of record of	548
this state and no criminal investigator who is employed by the	549
state public defender shall carry a firearm, as defined in section	550
2923.11 of the Revised Code, while on duty unless the bailiff,	551
deputy bailiff, or criminal investigator has done or received one	552
of the following:	553

(1) Has been awarded a certificate by the executive director	554
of the Ohio peace officer training commission, which certificate	555
attests to satisfactory completion of an approved state, county,	556
or municipal basic training program for bailiffs and deputy	557
bailiffs of courts of record and for criminal investigators	558
employed by the state public defender that has been recommended by	559
the Ohio peace officer training commission;	560

(2) Has successfully completed a firearms training program	561
approved by the Ohio peace officer training commission prior to	562
employment as a bailiff, deputy bailiff, or criminal investigator;	563

(3) Prior to June 6, 1986, was authorized to carry a firearm	564
by the court that employed the bailiff or deputy bailiff or, in	565
the case of a criminal investigator, by the state public defender	566
and has received training in the use of firearms that the Ohio	567
peace officer training commission determines is equivalent to the	568
training that otherwise is required by division (D) of this	569
section.	570

(E)(1) Prior to awarding any certificate prescribed in this	571
section, the executive director of the Ohio peace officer training	572
commission shall request the person to whom the certificate is to	573
be awarded to disclose, and the person shall disclose, any	574
previous criminal conviction of or plea of guilty of that person	575
to a felony.	576

(2) Prior to the award by the executive director of the	577
commission of any certificate prescribed in this section, the	578
prospective employer of the person to whom the certificate is to	579
be awarded or the commander of the peace officer training school	580
attended by that person shall request the bureau of criminal	581
identification and investigation to conduct a criminal history	582
records check on the person. Upon receipt of the request, the	583
bureau promptly shall conduct a criminal history records check on	584
the person and, upon completion of the check, promptly shall	585
provide a copy of the criminal history records check to the	586
prospective employer or peace officer training school commander	587
that made the request. Upon receipt of the copy of the criminal	588
history records check from the bureau, the prospective employer or	589
peace officer training school commander that made the request	590
shall submit the copy to the executive director of the Ohio peace	591
officer training commission. The executive director shall not	592
award any certificate prescribed in this section unless the	593
executive director has received a copy of the criminal history	594
records check on the person to whom the certificate is to be	595
awarded.	596

(3) The executive director of the commission shall not award	597
a certificate prescribed in this section to a person who has been	598
convicted of or has pleaded guilty to a felony or who fails to	599
disclose any previous criminal conviction of or plea of guilty to	600
a felony as required under division (E)(1) of this section.	601

(4) The executive director of the commission shall revoke	602
the certificate awarded to a person as prescribed in this section,	603
and that person shall forfeit all of the benefits derived from	604
being certified as a peace officer under this section, if the	605
person, prior to the award of the certificate, failed to disclose	606
any previous criminal conviction of or plea of guilty to a felony	607
as required under division (E)(1) of this section.	608

(F)(1) Regardless of whether the person has been awarded the	609
certificate or has been classified as a peace officer prior to,	610
on, or after October 16, 1996, the executive director of the Ohio	611
peace officer training commission shall revoke any certificate	612
that has been awarded to a person as prescribed in this section if	613
the person does either of the following:	614

(a) Pleads guilty to a felony committed on or after January	615
1, 1997.	616

(b) Pleads guilty to a misdemeanor committed on or after	617
January 1, 1997, pursuant to a negotiated plea agreement as	618
provided in division (D) of section 2929.292929.43 of the Revised	619
Code in which the person agrees to surrender the certificate	620
awarded to the person under this section.	621

(2) The executive director of the commission shall suspend	622
any certificate that has been awarded to a person as prescribed in	623
this section if the person is convicted, after trial, of a felony	624
committed on or after January 1, 1997. The executive director	625
shall suspend the certificate pursuant to division (F)(2) of this	626
section pending the outcome of an appeal by the person from that	627
conviction to the highest court to which the appeal is taken or	628
until the expiration of the period in which an appeal is required	629
to be filed. If the person files an appeal that results in that	630
person's acquittal of the felony or conviction of a misdemeanor,	631
or in the dismissal of the felony charge against that person, the	632
executive director shall reinstate the certificate awarded to the	633
person under this section. If the person files an appeal from	634
that person's conviction of the felony and the conviction is	635
upheld by the highest court to which the appeal is taken or if the	636
person does not file a timely appeal, the executive director shall	637
revoke the certificate awarded to the person under this section.	638

(G)(1) If a person is awarded a certificate under this	639
section and the certificate is revoked pursuant to division (E)(4)	640
or (F) of this section, the person shall not be eligible to	641
receive, at any time, a certificate attesting to the person's	642
satisfactory completion of a peace officer basic training program.	643

(2) The revocation or suspension of a certificate under	644
division (E)(4) or (F) of this section shall be in accordance with	645
Chapter 119. of the Revised Code.	646

(H)(1) A person who was employed as a peace officer of a	647
county, township, or municipal corporation of the state on January	648
1, 1966, and who has completed at least sixteen years of full-time	649
active service as such a peace officer may receive an original	650
appointment on a permanent basis and serve as a peace officer of a	651
county, township, or municipal corporation, or as a state	652
university law enforcement officer, without complying with the	653
requirements of division (B) of this section.	654

(2) Any person who held an appointment as a state highway	655
trooper on January 1, 1966, may receive an original appointment on	656
a permanent basis and serve as a peace officer of a county,	657
township, or municipal corporation, or as a state university law	658
enforcement officer, without complying with the requirements of	659
division (B) of this section.	660

(I) No person who is appointed as a peace officer of a	661
county, township, or municipal corporation on or after April 9,	662
1985, shall serve as a peace officer of that county, township, or	663
municipal corporation unless the person has received training in	664
the handling of missing children and child abuse and neglect cases	665
from an approved state, county, township, or municipal police	666
officer basic training program or receives the training within the	667
time prescribed by rules adopted by the attorney general pursuant	668
to section 109.741 of the Revised Code.	669

(J) No part of any approved state, county, or municipal	670
basic training program for bailiffs and deputy bailiffs of courts	671
of record and no part of any approved state, county, or municipal	672
basic training program for criminal investigators employed by the	673
state public defender shall be used as credit toward the	674
completion by a peace officer of any part of the approved state,	675
county, or municipal peace officer basic training program that the	676
peace officer is required by this section to complete	677
satisfactorily.	678

(K) This section does not apply to any member of the police	679
department of a municipal corporation in an adjoining state	680
serving in this state under a contract pursuant to section 737.04	681
of the Revised Code.	682

Sec. 120.06.  (A)(1) The state public defender, when	683
designated by the court or requested by a county public defender	684
or joint county public defender, may provide legal representation	685
in all courts throughout the state to indigent adults and	686
juveniles who are charged with the commission of an offense or act	687
for which the penalty or any possible adjudication includes the	688
potential loss of liberty.	689

(2) The state public defender may provide legal	690
representation to any indigent person who, while incarcerated in	691
any state correctional institution, is charged with a felony	692
offense, for which the penalty or any possible adjudication that	693
may be imposed by a court upon conviction includes the potential	694
loss of liberty.	695

(3) The state public defender may provide legal	696
representation to any person incarcerated in any correctional	697
institution of the state, in any matter in which the person	698
asserts the person is unlawfully imprisoned or detained.	699

(4) The state public defender, in any case in which the	700
state public defender has provided legal representation or is	701
requested to do so by a county public defender or joint county	702
public defender, may provide legal representation on appeal.	703

(5) The state public defender, when designated by the court	704
or requested by a county public defender, joint county public	705
defender, or the director of rehabilitation and correction, shall	706
provide legal representation in parole and probation revocation	707
matters or matters relating to the revocation of community control	708
or post-release control under a community control sanction or	709
post-release control sanction, unless the state public defender	710
finds that the alleged parole or probation violator or alleged	711
violator of a community control sanction or post-release control	712
sanction has the financial capacity to retain the alleged	713
violator's own counsel.	714

(6) If the state public defender contracts with a county	715
public defender commission, a joint county public defender	716
commission, or a board of county commissioners for the provision	717
of services, under authority of division (C)(7) of section 120.04	718
of the Revised Code, the state public defender shall provide legal	719
representation in accordance with the contract.	720

(B) The state public defender shall not be required to	721
prosecute any appeal, postconviction remedy, or other proceeding	722
pursuant to division (A)(3), (4), or (5) of this section, unless	723
the state public defender first is satisfied that there is	724
arguable merit to the proceeding.	725

(C) A court may appoint counsel or allow an indigent person	726
to select the indigent's own personal counsel to assist the state	727
public defender as co-counsel when the interests of justice so	728
require. When co-counsel is appointed to assist the state public	729
defender, the co-counsel shall receive any compensation that the	730
court may approve, not to exceed the amounts provided for in	731
section 2941.51 of the Revised Code.	732

(D) When the state public defender is designated by the	733
court or requested by a county public defender or joint county	734
public defender to provide legal representation for an indigent	735
person in any case, other than pursuant to a contract entered into	736
under authority of division (C)(7) of section 120.04 of the	737
Revised Code, the state public defender shall send to the county	738
in which the case is filed an itemized bill for fifty per cent of	739
the actual cost of the representation. The county, upon receipt	740
of an itemized bill from the state public defender pursuant to	741
this division, shall pay fifty per cent of the actual cost of the	742
legal representation as set forth in the itemized bill. There is	743
hereby created in the state treasury the county representation	744
fund for the deposit of moneys received from counties under this	745
division. All moneys credited to the fund shall be used by the	746
state public defender to provide legal representation for indigent	747
persons when designated by the court or requested by a county or	748
joint county public defender.	749

(E)(1) Notwithstanding any contrary provision of sections	750
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	751
that pertains to representation by the attorney general, an	752
assistant attorney general, or special counsel of an officer or	753
employee, as defined in section 109.36 of the Revised Code, or of	754
an entity of state government, the state public defender may elect	755
to contract with, and to have the state pay pursuant to division	756
(E)(2) of this section for the services of, private legal counsel	757
to represent the Ohio public defender commission, the state public	758
defender, assistant state public defenders, other employees of the	759
commission or the state public defender, and attorneys described	760
in division (C) of section 120.41 of the Revised Code in a	761
malpractice or other civil action or proceeding that arises from	762
alleged actions or omissions related to responsibilities derived	763
pursuant to this chapter, or in a civil action that is based upon	764
alleged violations of the constitution or statutes of the United	765
States, including section 1983 of Title 42 of the United States	766
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	767
arises from alleged actions or omissions related to	768
responsibilities derived pursuant to this chapter, if the state	769
public defender determines, in good faith, that the defendant in	770
the civil action or proceeding did not act manifestly outside the	771
scope of the defendant's employment or official responsibilities,	772
with malicious purpose, in bad faith, or in a wanton or reckless	773
manner. If the state public defender elects not to contract	774
pursuant to this division for private legal counsel in a civil	775
action or proceeding, then, in accordance with sections 109.02,	776
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	777
attorney general shall represent or provide for the representation	778
of the Ohio public defender commission, the state public defender,	779
assistant state public defenders, other employees of the	780
commission or the state public defender, or attorneys described in	781
division (C) of section 120.41 of the Revised Code in the civil	782
action or proceeding.	783

(2)(a) Subject to division (E)(2)(b) of this section,	784
payment from the state treasury for the services of private legal	785
counsel with whom the state public defender has contracted	786
pursuant to division (E)(1) of this section shall be accomplished	787
only through the following procedure:	788

(i) The private legal counsel shall file with the attorney	789
general a copy of the contract; a request for an award of legal	790
fees, court costs, and expenses earned or incurred in connection	791
with the defense of the Ohio public defender commission, the state	792
public defender, an assistant state public defender, an employee,	793
or an attorney in a specified civil action or proceeding; a	794
written itemization of those fees, costs, and expenses, including	795
the signature of the state public defender and the state public	796
defender's attestation that the fees, costs, and expenses were	797
earned or incurred pursuant to division (E)(1) of this section to	798
the best of the state public defender's knowledge and information;	799
a written statement whether the fees, costs, and expenses are for	800
all legal services to be rendered in connection with that defense,	801
are only for legal services rendered to the date of the request	802
and additional legal services likely will have to be provided in	803
connection with that defense, or are for the final legal services	804
rendered in connection with that defense; a written statement	805
indicating whether the private legal counsel previously submitted	806
a request for an award under division (E)(2) of this section in	807
connection with that defense and, if so, the date and the amount	808
of each award granted; and, if the fees, costs, and expenses are	809
for all legal services to be rendered in connection with that	810
defense or are for the final legal services rendered in connection	811
with that defense, a certified copy of any judgment entry in the	812
civil action or proceeding or a signed copy of any settlement	813
agreement entered into between the parties to the civil action or	814
proceeding.	815

(ii) Upon receipt of a request for an award of legal fees,	816
court costs, and expenses and the requisite supportive	817
documentation described in division (E)(2)(a)(i) of this section,	818
the attorney general shall review the request and documentation;	819
determine whether any of the limitations specified in division	820
(E)(2)(b) of this section apply to the request; and, if an award	821
of legal fees, court costs, or expenses is permissible after	822
applying the limitations, prepare a document awarding legal fees,	823
court costs, or expenses to the private legal counsel. The	824
document shall name the private legal counsel as the recipient of	825
the award; specify the total amount of the award as determined by	826
the attorney general; itemize the portions of the award that	827
represent legal fees, court costs, and expenses; specify any	828
limitation applied pursuant to division (E)(2)(b) of this section	829
to reduce the amount of the award sought by the private legal	830
counsel; state that the award is payable from the state treasury	831
pursuant to division (E)(2)(a)(iii) of this section; and be	832
approved by the inclusion of the signatures of the attorney	833
general, the state public defender, and the private legal counsel.	834

(iii) The attorney general shall forward a copy of the	835
document prepared pursuant to division (E)(2)(a)(ii) of this	836
section to the director of budget and management. The award of	837
legal fees, court costs, or expenses shall be paid out of the	838
state public defender's appropriations, to the extent there is a	839
sufficient available balance in those appropriations. If the	840
state public defender does not have a sufficient available balance	841
in the state public defender's appropriations to pay the entire	842
award of legal fees, court costs, or expenses, the director shall	843
make application for a transfer of appropriations out of the	844
emergency purposes account or any other appropriation for	845
emergencies or contingencies in an amount equal to the portion of	846
the award that exceeds the sufficient available balance in the	847
state public defender's appropriations. A transfer of	848
appropriations out of the emergency purposes account or any other	849
appropriation for emergencies or contingencies shall be authorized	850
if there are sufficient moneys greater than the sum total of then	851
pending emergency purposes account requests, or requests for	852
releases from the other appropriation. If a transfer of	853
appropriations out of the emergency purposes account or other	854
appropriation for emergencies or contingencies is made to pay an	855
amount equal to the portion of the award that exceeds the	856
sufficient available balance in the state public defender's	857
appropriations, the director shall cause the payment to be made to	858
the private legal counsel. If sufficient moneys do not exist in	859
the emergency purposes account or other appropriation for	860
emergencies or contingencies to pay an amount equal to the portion	861
of the award that exceeds the sufficient available balance in the	862
state public defender's appropriations, the private legal counsel	863
shall request the general assembly to make an appropriation	864
sufficient to pay an amount equal to the portion of the award that	865
exceeds the sufficient available balance in the state public	866
defender's appropriations, and no payment in that amount shall be	867
made until the appropriation has been made. The private legal	868
counsel shall make the request during the current biennium and	869
during each succeeding biennium until a sufficient appropriation	870
is made.	871

(b) An award of legal fees, court costs, and expenses	872
pursuant to division (E) of this section is subject to the	873
following limitations:	874

(i) The maximum award or maximum aggregate of a series of	875
awards of legal fees, court costs, and expenses to the private	876
legal counsel in connection with the defense of the Ohio public	877
defender commission, the state public defender, an assistant state	878
public defender, an employee, or an attorney in a specified civil	879
action or proceeding shall not exceed fifty thousand dollars.	880

(ii) The private legal counsel shall not be awarded legal	881
fees, court costs, or expenses to the extent the fees, costs, or	882
expenses are covered by a policy of malpractice or other	883
insurance.	884

(iii) The private legal counsel shall be awarded legal fees	885
and expenses only to the extent that the fees and expenses are	886
reasonable in light of the legal services rendered by the private	887
legal counsel in connection with the defense of the Ohio public	888
defender commission, the state public defender, an assistant state	889
public defender, an employee, or an attorney in a specified civil	890
action or proceeding.	891

(c) If, pursuant to division (E)(2)(a) of this section, the	892
attorney general denies a request for an award of legal fees,	893
court costs, or expenses to private legal counsel because of the	894
application of a limitation specified in division (E)(2)(b) of	895
this section, the attorney general shall notify the private legal	896
counsel in writing of the denial and of the limitation applied.	897

(d) If, pursuant to division (E)(2)(c) of this section, a	898
private legal counsel receives a denial of an award notification	899
or if a private legal counsel refuses to approve a document under	900
division (E)(2)(a)(ii) of this section because of the proposed	901
application of a limitation specified in division (E)(2)(b) of	902
this section, the private legal counsel may commence a civil	903
action against the attorney general in the court of claims to	904
prove the private legal counsel's entitlement to the award sought,	905
to prove that division (E)(2)(b) of this section does not prohibit	906
or otherwise limit the award sought, and to recover a judgment for	907
the amount of the award sought. A civil action under division	908
(E)(2)(d) of this section shall be commenced no later than two	909
years after receipt of a denial of award notification or, if the	910
private legal counsel refused to approve a document under division	911
(E)(2)(a)(ii) of this section because of the proposed application	912
of a limitation specified in division (E)(2)(b) of this section,	913
no later than two years after the refusal. Any judgment of the	914
court of claims in favor of the private legal counsel shall be	915
paid from the state treasury in accordance with division (E)(2)(a)	916
of this section.	917

(F) If a court appoints the office of the state public	918
defender to represent a petitioner in a postconviction relief	919
proceeding under section 2953.21 of the Revised Code, the	920
petitioner has received a sentence of death, and the proceeding	921
relates to that sentence, all of the attorneys who represent the	922
petitioner in the proceeding pursuant to the appointment, whether	923
an assistant state public defender, the state public defender, or	924
another attorney, shall be certified under Rule 20 of the Rules	925
of Superintendence for the Courts of Ohio to represent indigent	926
defendants charged with or convicted of an offense for which the	927
death penalty can be or has been imposed.	928

(G) As used in this section:

929

(1) "Community control sanction" has the same meaning as in	930
section 2929.01 of the Revised Code.	931

(2) "Post-release control sanction" has the same meaning as	932
in section 2967.01 of the Revised Code.	933

Sec. 120.16.  (A)(1) The county public defender shall	934
provide legal representation to indigent adults and juveniles who	935
are charged with the commission of an offense or act that is a	936
violation of a state statute and for which the penalty or any	937
possible adjudication includes the potential loss of liberty and	938
in postconviction proceedings as defined in this section.	939

(2) The county public defender may provide legal	940
representation to indigent adults and juveniles charged with the	941
violation of an ordinance of a municipal corporation for which the	942
penalty or any possible adjudication includes the potential loss	943
of liberty, if the county public defender commission has	944
contracted with the municipal corporation to provide legal	945
representation for indigent persons charged with a violation of an	946
ordinance of the municipal corporation.	947

(B) The county public defender shall provide the legal	948
representation authorized by division (A) of this section at every	949
stage of the proceedings following arrest, detention, service of	950
summons, or indictment.	951

(C) The county public defender may request the state public	952
defender to prosecute any appeal or other remedy before or after	953
conviction that the county public defender decides is in the	954
interests of justice, and may provide legal representation in	955
parole and probation revocation matters and matters relating to	956
the revocation of community control or post-release control under	957
a community control sanction or post-release control sanction.	958

(D) The county public defender shall not be required to	959
prosecute any appeal, postconviction remedy, or other proceeding,	960
unless the county public defender is first satisfied there is	961
arguable merit to the proceeding.	962

(E) Nothing in this section shall prevent a court from	963
appointing counsel other than the county public defender or from	964
allowing an indigent person to select the indigent person's own	965
personal counsel to represent the indigent person. A court may	966
also appoint counsel or allow an indigent person to select the	967
indigent person's own personal counsel to assist the county public	968
defender as co-counsel when the interests of justice so require.	969

(F) Information as to the right to legal representation by	970
the county public defender or assigned counsel shall be afforded	971
to an accused person immediately upon arrest, when brought before	972
a magistrate, or when formally charged, whichever occurs first.	973

(G) If a court appoints the office of the county public	974
defender to represent a petitioner in a postconviction relief	975
proceeding under section 2953.21 of the Revised Code, the	976
petitioner has received a sentence of death, and the proceeding	977
relates to that sentence, all of the attorneys who represent the	978
petitioner in the proceeding pursuant to the appointment, whether	979
an assistant county public defender or the county public defender,	980
shall be certified under Rule 20 of the Rules of Superintendence	981
for the Courts of Ohio to represent indigent defendants charged	982
with or convicted of an offense for which the death penalty can be	983
or has been imposed.	984

(H) As used in this section:

985

(1) "Community control sanction" has the same meaning as in	986
section 2929.01 of the Revised Code.	987

(2) "Post-release control sanction" has the same meaning as	988
in section 2967.01 of the Revised Code.	989

Sec. 120.26.  (A)(1) The joint county public defender shall	990
provide legal representation to indigent adults and juveniles who	991
are charged with the commission of an offense or act that is a	992
violation of a state statute and for which the penalty or any	993
possible adjudication includes the potential loss of liberty and	994
in postconviction proceedings as defined in this section.	995

(2) The joint county public defender may provide legal	996
representation to indigent adults and juveniles charged with the	997
violation of an ordinance of a municipal corporation for which the	998
penalty or any possible adjudication includes the potential loss	999
of liberty, if the joint county public defender commission has	1000
contracted with the municipal corporation to provide legal	1001
representation for indigent persons charged with a violation of an	1002
ordinance of the municipal corporation.	1003

(B) The joint county public defender shall provide the legal	1004
representation authorized by division (A) of this section at every	1005
stage of the proceedings following arrest, detention, service of	1006
summons, or indictment.	1007

(C) The joint county public defender may request the Ohio	1008
public defender to prosecute any appeal or other remedy before or	1009
after conviction that the joint county public defender decides is	1010
in the interests of justice and may provide legal representation	1011
in parole and probation revocation matters and matters relating to	1012
the revocation of community control or post-release control under	1013
a community control sanction or post-release control sanction.	1014

(D) The joint county public defender shall not be required	1015
to prosecute any appeal, postconviction remedy, or other	1016
proceeding, unless the joint county public defender is first	1017
satisfied that there is arguable merit to the proceeding.	1018

(E) Nothing in this section shall prevent a court from	1019
appointing counsel other than the joint county public defender or	1020
from allowing an indigent person to select the indigent person's	1021
own personal counsel to represent the indigent person. A court	1022
may also appoint counsel or allow an indigent person to select the	1023
indigent person's own personal counsel to assist the joint county	1024
public defender as co-counsel when the interests of justice so	1025
require.	1026

(F) Information as to the right to legal representation by	1027
the joint county public defender or assigned counsel shall be	1028
afforded to an accused person immediately upon arrest, when	1029
brought before a magistrate, or when formally charged, whichever	1030
occurs first.	1031

(G) If a court appoints the office of the joint county	1032
public defender to represent a petitioner in a postconviction	1033
relief proceeding under section 2953.21 of the Revised Code, the	1034
petitioner has received a sentence of death, and the proceeding	1035
relates to that sentence, all of the attorneys who represent the	1036
petitioner in the proceeding pursuant to the appointment, whether	1037
an assistant joint county defender or the joint county public	1038
defender, shall be certified under Rule 20 of the Rules of	1039
Superintendence for the Courts of Ohio to represent indigent	1040
defendants charged with or convicted of an offense for which the	1041
death penalty can be or has been imposed.	1042

(H) As used in this section:

1043

(1) "Community control sanction" has the same meaning as in	1044
section 2929.01 of the Revised Code.	1045

(2) "Post-release control sanction" has the same meaning as	1046
in section 2967.01 of the Revised Code.	1047

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

1048

(1) "Public record" means records kept by any public	1049
office, including, but not limited to, state, county, city,	1050
village, township, and school district units, and records	1051
pertaining to the delivery of educational services by an	1052
alternative school in Ohio kept by a nonprofit or for profit	1053
entity operating such alternative school pursuant to section	1054
3313.533 of the Revised Code. "Public record" does not mean any of	1055
the following:	1056

(a) Medical records;

1057

(b) Records pertaining to probation and parole proceedings	1058
or to proceedings related to the imposition of community control	1059
sanctions and post-release control sanctions;	1060

(c) Records pertaining to actions under section 2151.85 and	1061
division (C) of section 2919.121 of the Revised Code and to	1062
appeals of actions arising under those sections;	1063

(d) Records pertaining to adoption proceedings, including	1064
the contents of an adoption file maintained by the department of	1065
health under section 3705.12 of the Revised Code;	1066

(e) Information in a record contained in the putative father	1067
registry established by section 3107.062 of the Revised Code,	1068
regardless of whether the information is held by the department of	1069
job and family services or, pursuant to section 3111.69 of the	1070
Revised Code, the office of child support in the department or a	1071
child support enforcement agency;	1072

(f) Records listed in division (A) of section 3107.42 of the	1073
Revised Code or specified in division (A) of section 3107.52 of	1074
the Revised Code;	1075

(g) Trial preparation records;

1076

(h) Confidential law enforcement investigatory records;

1077

(i) Records containing information that is confidential	1078
under section 2317.023 or 4112.05 of the Revised Code;	1079

(j) DNA records stored in the DNA database pursuant to	1080
section 109.573 of the Revised Code;	1081

(k) Inmate records released by the department of	1082
rehabilitation and correction to the department of youth services	1083
or a court of record pursuant to division (E) of section 5120.21	1084
of the Revised Code;	1085

(l) Records maintained by the department of youth services	1086
pertaining to children in its custody released by the department	1087
of youth services to the department of rehabilitation and	1088
correction pursuant to section 5139.05 of the Revised Code;	1089

(m) Intellectual property records;

1090

(n) Donor profile records;

1091

(o) Records maintained by the department of job and family	1092
services pursuant to section 3121.894 of the Revised Code;	1093

(p) Peace officer residential and familial information;

1094

(q) In the case of a county hospital operated pursuant to	1095
Chapter 339. of the Revised Code, information that constitutes a	1096
trade secret, as defined in section 1333.61 of the Revised Code;	1097

(r) Information pertaining to the recreational activities of	1098
a person under the age of eighteen;	1099

(s) Records provided to, statements made by review board	1100
members during meetings of, and all work products of a child	1101
fatality review board acting under sections 307.621 to 307.629 of	1102
the Revised Code, other than the report prepared pursuant to	1103
section 307.626 of the Revised Code;	1104

(t) Records provided to and statements made by the executive	1105
director of a public children services agency or a prosecuting	1106
attorney acting pursuant to section 5153.171 of the Revised Code	1107
other than the information released under that section;	1108

(u) Test materials, examinations, or evaluation tools used	1109
in an examination for licensure as a nursing home administrator	1110
that the board of examiners of nursing home administrators	1111
administers under section 4751.04 of the Revised Code or contracts	1112
under that section with a private or government entity to	1113
administer;	1114

(v) Records the release of which is prohibited by state or	1115
federal law.	1116

(2) "Confidential law enforcement investigatory record"	1117
means any record that pertains to a law enforcement matter of a	1118
criminal, quasi-criminal, civil, or administrative nature, but	1119
only to the extent that the release of the record would create a	1120
high probability of disclosure of any of the following:	1121

(a) The identity of a suspect who has not been charged with	1122
the offense to which the record pertains, or of an information	1123
source or witness to whom confidentiality has been reasonably	1124
promised;	1125

(b) Information provided by an information source or witness	1126
to whom confidentiality has been reasonably promised, which	1127
information would reasonably tend to disclose the source's or	1128
witness's identity;	1129

(c) Specific confidential investigatory techniques or	1130
procedures or specific investigatory work product;	1131

(d) Information that would endanger the life or physical	1132
safety of law enforcement personnel, a crime victim, a witness, or	1133
a confidential information source.	1134

(3) "Medical record" means any document or combination of	1135
documents, except births, deaths, and the fact of admission to or	1136
discharge from a hospital, that pertains to the medical history,	1137
diagnosis, prognosis, or medical condition of a patient and that	1138
is generated and maintained in the process of medical treatment.	1139

(4) "Trial preparation record" means any record that	1140
contains information that is specifically compiled in reasonable	1141
anticipation of, or in defense of, a civil or criminal action or	1142
proceeding, including the independent thought processes and	1143
personal trial preparation of an attorney.	1144

(5) "Intellectual property record" means a record, other	1145
than a financial or administrative record, that is produced or	1146
collected by or for faculty or staff of a state institution of	1147
higher learning in the conduct of or as a result of study or	1148
research on an educational, commercial, scientific, artistic,	1149
technical, or scholarly issue, regardless of whether the study or	1150
research was sponsored by the institution alone or in conjunction	1151
with a governmental body or private concern, and that has not been	1152
publicly released, published, or patented.	1153

(6) "Donor profile record" means all records about donors or	1154
potential donors to a public institution of higher education	1155
except the names and reported addresses of the actual donors and	1156
the date, amount, and conditions of the actual donation.	1157

(7) "Peace officer residential and familial information"	1158
means either of the following:	1159

(a) Any information maintained in a personnel record of a	1160
peace officer that discloses any of the following:	1161

(i) The address of the actual personal residence of a peace	1162
officer, except for the state or political subdivision in which	1163
the peace officer resides;	1164

(ii) Information compiled from referral to or participation	1165
in an employee assistance program;	1166

(iii) The social security number, the residential telephone	1167
number, any bank account, debit card, charge card, or credit card	1168
number, or the emergency telephone number of, or any medical	1169
information pertaining to, a peace officer;	1170

(iv) The name of any beneficiary of employment benefits,	1171
including, but not limited to, life insurance benefits, provided	1172
to a peace officer by the peace officer's employer;	1173

(v) The identity and amount of any charitable or employment	1174
benefit deduction made by the peace officer's employer from the	1175
peace officer's compensation unless the amount of the deduction is	1176
required by state or federal law;	1177

(vi) The name, the residential address, the name of the	1178
employer, the address of the employer, the social security number,	1179
the residential telephone number, any bank account, debit card,	1180
charge card, or credit card number, or the emergency telephone	1181
number of the spouse, a former spouse, or any child of a peace	1182
officer.	1183

(b) Any record that identifies a person's occupation as a	1184
peace officer other than statements required to include the	1185
disclosure of that fact under the campaign finance law.	1186

As used in divisions (A)(7) and (B)(5) of this section,	1187
"peace officer" has the same meaning as in section 109.71 of the	1188
Revised Code and also includes the superintendent and troopers of	1189
the state highway patrol; it does not include the sheriff of a	1190
county or a supervisory employee who, in the absence of the	1191
sheriff, is authorized to stand in for, exercise the authority of,	1192
and perform the duties of the sheriff.	1193

(8) "Information pertaining to the recreational activities	1194
of a person under the age of eighteen" means information that is	1195
kept in the ordinary course of business by a public office, that	1196
pertains to the recreational activities of a person under the age	1197
of eighteen years, and that discloses any of the following:	1198

(a) The address or telephone number of a person under the	1199
age of eighteen or the address or telephone number of that	1200
person's parent, guardian, custodian, or emergency contact person;	1201

(b) The social security number, birth date, or photographic	1202
image of a person under the age of eighteen;	1203

(c) Any medical record, history, or information pertaining	1204
to a person under the age of eighteen;	1205

(d) Any additional information sought or required about a	1206
person under the age of eighteen for the purpose of allowing that	1207
person to participate in any recreational activity conducted or	1208
sponsored by a public office or to use or obtain admission	1209
privileges to any recreational facility owned or operated by a	1210
public office.	1211

(9) "Community control sanction" has the same meaning as in	1212
section 2929.01 of the Revised Code.	1213

(10) "Post-release control sanction" has the same meaning as	1214
in section 2967.01 of the Revised Code.	1215

(B)(1) Subject to division (B)(4) of this section, all	1216
public records shall be promptly prepared and made available for	1217
inspection to any person at all reasonable times during regular	1218
business hours. Subject to division (B)(4) of this section, upon	1219
request, a public office or person responsible for public records	1220
shall make copies available at cost, within a reasonable period of	1221
time. In order to facilitate broader access to public records,	1222
public offices shall maintain public records in a manner that they	1223
can be made available for inspection in accordance with this	1224
division.	1225

(2) If any person chooses to obtain a copy of a public	1226
record in accordance with division (B)(1) of this section, the	1227
public office or person responsible for the public record shall	1228
permit that person to choose to have the public record duplicated	1229
upon paper, upon the same medium upon which the public office or	1230
person responsible for the public record keeps it, or upon any	1231
other medium upon which the public office or person responsible	1232
for the public record determines that it reasonably can be	1233
duplicated as an integral part of the normal operations of the	1234
public office or person responsible for the public record. When	1235
the person seeking the copy makes a choice under this division,	1236
the public office or person responsible for the public record	1237
shall provide a copy of it in accordance with the choice made by	1238
the person seeking the copy.	1239

(3) Upon a request made in accordance with division (B)(1)	1240
of this section, a public office or person responsible for public	1241
records shall transmit a copy of a public record to any person by	1242
United States mail within a reasonable period of time after	1243
receiving the request for the copy. The public office or person	1244
responsible for the public record may require the person making	1245
the request to pay in advance the cost of postage and other	1246
supplies used in the mailing.	1247

Any public office may adopt a policy and procedures that it	1248
will follow in transmitting, within a reasonable period of time	1249
after receiving a request, copies of public records by United	1250
States mail pursuant to this division. A public office that	1251
adopts a policy and procedures under this division shall comply	1252
with them in performing its duties under this division.	1253

In any policy and procedures adopted under this division, a	1254
public office may limit the number of records requested by a	1255
person that the office will transmit by United States mail to ten	1256
per month, unless the person certifies to the office in writing	1257
that the person does not intend to use or forward the requested	1258
records, or the information contained in them, for commercial	1259
purposes. For purposes of this division, "commercial" shall be	1260
narrowly construed and does not include reporting or gathering	1261
news, reporting or gathering information to assist citizen	1262
oversight or understanding of the operation or activities of	1263
government, or nonprofit educational research.	1264

(4) A public office or person responsible for public records	1265
is not required to permit a person who is incarcerated pursuant to	1266
a criminal conviction or a juvenile adjudication to inspect or to	1267
obtain a copy of any public record concerning a criminal	1268
investigation or prosecution or concerning what would be a	1269
criminal investigation or prosecution if the subject of the	1270
investigation or prosecution were an adult, unless the request to	1271
inspect or to obtain a copy of the record is for the purpose of	1272
acquiring information that is subject to release as a public	1273
record under this section and the judge who imposed the sentence	1274
or made the adjudication with respect to the person, or the	1275
judge's successor in office, finds that the information sought in	1276
the public record is necessary to support what appears to be a	1277
justiciable claim of the person.	1278

(5) Upon written request made and signed by a journalist on	1279
or after December 16, 1999, a public office, or person responsible	1280
for public records, having custody of the records of the agency	1281
employing a specified peace officer shall disclose to the	1282
journalist the address of the actual personal residence of the	1283
peace officer and, if the peace officer's spouse, former spouse,	1284
or child is employed by a public office, the name and address of	1285
the employer of the peace officer's spouse, former spouse, or	1286
child. The request shall include the journalist's name and title	1287
and the name and address of the journalist's employer and shall	1288
state that disclosure of the information sought would be in the	1289
public interest.	1290

As used in division (B)(5) of this section, "journalist"	1291
means a person engaged in, connected with, or employed by any news	1292
medium, including a newspaper, magazine, press association, news	1293
agency, or wire service, a radio or television station, or a	1294
similar medium, for the purpose of gathering, processing,	1295
transmitting, compiling, editing, or disseminating information for	1296
the general public.	1297

(C) If a person allegedly is aggrieved by the failure of a	1298
public office to promptly prepare a public record and to make it	1299
available to the person for inspection in accordance with division	1300
(B) of this section, or if a person who has requested a copy of a	1301
public record allegedly is aggrieved by the failure of a public	1302
office or the person responsible for the public record to make a	1303
copy available to the person allegedly aggrieved in accordance	1304
with division (B) of this section, the person allegedly aggrieved	1305
may commence a mandamus action to obtain a judgment that orders	1306
the public office or the person responsible for the public record	1307
to comply with division (B) of this section and that awards	1308
reasonable attorney's fees to the person that instituted the	1309
mandamus action. The mandamus action may be commenced in the	1310
court of common pleas of the county in which division (B) of this	1311
section allegedly was not complied with, in the supreme court	1312
pursuant to its original jurisdiction under Section 2 of Article	1313
IV, Ohio Constitution, or in the court of appeals for the	1314
appellate district in which division (B) of this section allegedly	1315
was not complied with pursuant to its original jurisdiction under	1316
Section 3 of Article IV, Ohio Constitution.	1317

(D) Chapter 1347. of the Revised Code does not limit the	1318
provisions of this section.	1319

(E)(1) The bureau of motor vehicles may adopt rules pursuant	1320
to Chapter 119. of the Revised Code to reasonably limit the number	1321
of bulk commercial special extraction requests made by a person	1322
for the same records or for updated records during a calendar	1323
year. The rules may include provisions for charges to be made for	1324
bulk commercial special extraction requests for the actual cost of	1325
the bureau, plus special extraction costs, plus ten per cent. The	1326
bureau may charge for expenses for redacting information, the	1327
release of which is prohibited by law.	1328

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

1329

(a) "Actual cost" means the cost of depleted supplies,	1330
records storage media costs, actual mailing and alternative	1331
delivery costs, or other transmitting costs, and any direct	1332
equipment operating and maintenance costs, including actual costs	1333
paid to private contractors for copying services.	1334

(b) "Bulk commercial special extraction request" means a	1335
request for copies of a record for information in a format other	1336
than the format already available, or information that cannot be	1337
extracted without examination of all items in a records series,	1338
class of records, or data base by a person who intends to use or	1339
forward the copies for surveys, marketing, solicitation, or resale	1340
for commercial purposes. "Bulk commercial special extraction	1341
request" does not include a request by a person who gives	1342
assurance to the bureau that the person making the request does	1343
not intend to use or forward the requested copies for surveys,	1344
marketing, solicitation, or resale for commercial purposes.	1345

(c) "Commercial" means profit-seeking production, buying, or	1346
selling of any good, service, or other product.	1347

(d) "Special extraction costs" means the cost of the time	1348
spent by the lowest paid employee competent to perform the task,	1349
the actual amount paid to outside private contractors employed by	1350
the bureau, or the actual cost incurred to create computer	1351
programs to make the special extraction. "Special extraction	1352
costs" include any charges paid to a public agency for computer or	1353
records services.	1354

(3) For purposes of divisions (E)(1) and (2) of this	1355
section, "commercial surveys, marketing, solicitation, or resale"	1356
shall be narrowly construed and does not include reporting or	1357
gathering news, reporting or gathering information to assist	1358
citizen oversight or understanding of the operation or activities	1359
of government, or nonprofit educational research.	1360

Sec. 306.352.  (A) As used in this section, "felony" has the	1361
same meaning as in section 109.511 of the Revised Code.	1362

(B)(1) In the exercise of its authority under division (Y)	1363
of section 306.35 of the Revised Code, a regional transit	1364
authority shall not employ a person as a regional transit	1365
authority police officer on a permanent basis, on a temporary	1366
basis, for a probationary term, or on other than a permanent basis	1367
if the person previously has been convicted of or has pleaded	1368
guilty to a felony.	1369

(2)(a) The transit authority shall terminate the employment	1370
of a person as a regional transit authority police officer if the	1371
person does either of the following:	1372

(i) Pleads guilty to a felony;

1373

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1374
plea agreement as provided in division (D) of section 2929.29	1375
2929.43 of the Revised Code in which the police officer agrees to	1376
surrender the certificate awarded to that police officer under	1377
section 109.77 of the Revised Code.	1378

(b) The transit authority shall suspend from employment a	1379
person designated as a regional transit authority police officer	1380
if that person is convicted, after trial, of a felony. If the	1381
police officer files an appeal from that conviction and the	1382
conviction is upheld by the highest court to which the appeal is	1383
taken or if the police officer does not file a timely appeal, the	1384
transit authority shall terminate the employment of that police	1385
officer. If the police officer files an appeal that results in	1386
the police officer's acquittal of the felony or conviction of a	1387
misdemeanor, or in the dismissal of the felony charge against the	1388
police officer, the transit authority shall reinstate that police	1389
officer. A police officer who is reinstated under division	1390
(B)(2)(b) of this section shall not receive any back pay unless	1391
that officer's conviction of the felony was reversed on appeal, or	1392
the felony charge was dismissed, because the court found	1393
insufficient evidence to convict the police officer of the felony.	1394

(3) Division (B) of this section does not apply regarding an	1395
offense that was committed prior to January 1, 1997.	1396

(4) The suspension from employment, or the termination of	1397
the employment, of a regional transit authority police officer	1398
under division (B)(2) of this section shall be in accordance with	1399
Chapter 119. of the Revised Code.	1400

Sec. 307.93.  (A) The boards of county commissioners of two	1401
or more adjacent counties may contract for the joint establishment	1402
of a multicounty correctional center, and the board of county	1403
commissioners of a county or the boards of two or more counties	1404
may contract with any municipal corporation or municipal	1405
corporations located in that county or those counties for the	1406
joint establishment of a municipal-county or multicounty-municipal	1407
correctional center. The center shall augment county and, where	1408
applicable, municipal jail programs and facilities by providing	1409
custody and rehabilitative programs for those persons under the	1410
charge of the sheriff of any of the contracting counties or of the	1411
officer or officers of the contracting municipal corporation or	1412
municipal corporations having charge of persons incarcerated in	1413
the municipal jail, workhouse, or other correctional facility who,	1414
in the opinion of the sentencing court, need programs of custody	1415
and rehabilitation not available at the county or municipal jail	1416
and by providing custody and rehabilitative programs in accordance	1417
with division (C) of this section, if applicable. The contract	1418
may include, but need not be limited to, provisions regarding the	1419
acquisition, construction, maintenance, repair, termination of	1420
operations, and administration of the center. The contract shall	1421
prescribe the manner of funding of, and debt assumption for, the	1422
center and the standards and procedures to be followed in the	1423
operation of the center. Except as provided in division (H) of	1424
this section, the contracting counties and municipal corporations	1425
shall form a corrections commission to oversee the administration	1426
of the center. Members of the commission shall consist of the	1427
sheriff of each participating county, the president of the board	1428
of county commissioners of each participating county, the	1429
presiding judge of the court of common pleas of each participating	1430
county, or, if the court of common pleas of a participating county	1431
has only one judge, then that judge, the chief of police of each	1432
participating municipal corporation, the mayor or city manager of	1433
each participating municipal corporation, and the presiding judge	1434
or the sole judge of the municipal court of each participating	1435
municipal corporation. Any of the foregoing officers may appoint	1436
a designee to serve in the officer's place on the corrections	1437
commission. The standards and procedures shall be formulated and	1438
agreed to by the commission and may be amended at any time during	1439
the life of the contract by agreement of the parties to the	1440
contract upon the advice of the commission. The standards and	1441
procedures formulated by the commission shall include, but need	1442
not be limited to, designation of the person in charge of the	1443
center, the categories of employees to be employed at the center,	1444
the appointing authority of the center, and the standards of	1445
treatment and security to be maintained at the center. The person	1446
in charge of, and all persons employed to work at, the center	1447
shall have all the powers of police officers that are necessary	1448
for the proper performance of the duties relating to their	1449
positions at the center.	1450

(B) Each board of county commissioners that enters a	1451
contract under division (A) of this section may appoint a building	1452
commission pursuant to section 153.21 of the Revised Code. If any	1453
commissions are appointed, they shall function jointly in the	1454
construction of a multicounty or multicounty-municipal	1455
correctional center with all the powers and duties authorized by	1456
law.	1457

(C) Prior to the acceptance for custody and rehabilitation	1458
into a center established under this section of any persons who	1459
are designated by the department of rehabilitation and correction,	1460
who plead guilty to or are convicted of a felony of the fourth or	1461
fifth degree, and who satisfy the other requirements listed in	1462
section 5120.161 of the Revised Code, the corrections commission	1463
of a center established under this section shall enter into an	1464
agreement with the department of rehabilitation and correction	1465
under section 5120.161 of the Revised Code for the custody and	1466
rehabilitation in the center of persons who are designated by the	1467
department, who plead guilty to or are convicted of a felony of	1468
the fourth or fifth degree, and who satisfy the other requirements	1469
listed in that section, in exchange for a per diem fee per person.	1470
Persons incarcerated in the center pursuant to an agreement	1471
entered into under this division shall be subject to supervision	1472
and control in the manner described in section 5120.161 of the	1473
Revised Code. This division does not affect the authority of a	1474
court to directly sentence a person who is convicted of or pleads	1475
guilty to a felony to the center in accordance with section	1476
2929.16 of the Revised Code.	1477

(D) Pursuant to section 2929.37 of the Revised Code, each	1478
board of county commissioners and the legislative authority of	1479
each municipal corporation that enters into a contract under	1480
division (A) of this section may require a person who was	1481
convicted of an offense, who is under the charge of the sheriff of	1482
their county or of the officer or officers of the contracting	1483
municipal corporation or municipal corporations having charge of	1484
persons incarcerated in the municipal jail, workhouse, or other	1485
correctional facility, and who is confined in the multicounty,	1486
municipal-county, or multicounty-municipal correctional center as	1487
provided in that division, to reimburse the applicable county or	1488
municipal corporation for its expenses incurred by reason of the	1489
person's confinement in the center.	1490

(E) Notwithstanding any contrary provision in this section	1491
or section 2929.18, 2929.21, 2929.362929.28, or 2929.37 of the	1492
Revised Code, the corrections commission of a center may establish	1493
a policy that complies with section 2929.38 of the Revised Code	1494
and that requires any person who is not indigent and who is	1495
confined in the multicounty, municipal-county, or	1496
multicounty-municipal correctional center to pay a reception fee,	1497
a fee for medical treatment or service requested by and provided	1498
to that person, or the fee for a random drug test assessed under	1499
division (E) of section 341.26 of the Revised Code.	1500

(F)(1) The corrections commission of a center established	1501
under this section may establish a commissary for the center. The	1502
commissary may be established either in-house or by another	1503
arrangement. If a commissary is established, all persons	1504
incarcerated in the center shall receive commissary privileges. A	1505
person's purchases from the commissary shall be deducted from the	1506
person's account record in the center's business office. The	1507
commissary shall provide for the distribution to indigent persons	1508
incarcerated in the center of necessary hygiene articles and	1509
writing materials.	1510

(2) If a commissary is established, the corrections	1511
commission of a center established under this section shall	1512
establish a commissary fund for the center. The management of	1513
funds in the commissary fund shall be strictly controlled in	1514
accordance with procedures adopted by the auditor of state.	1515
Commissary fund revenue over and above operating costs and reserve	1516
shall be considered profits. All profits from the commissary fund	1517
shall be used to purchase supplies and equipment for the benefit	1518
of persons incarcerated in the center. The corrections commission	1519
shall adopt rules and regulations for the operation of any	1520
commissary fund it establishes.	1521

(G) In lieu of forming a corrections commission to	1522
administer a multicounty correctional center or a municipal-county	1523
or multicounty-municipal correctional center, the boards of county	1524
commissioners and the legislative authorities of the municipal	1525
corporations contracting to establish the center may also agree to	1526
contract for the private operation and management of the center as	1527
provided in section 9.06 of the Revised Code, but only if the	1528
center houses only misdemeanant inmates. In order to enter into a	1529
contract under section 9.06 of the Revised Code, all the boards	1530
and legislative authorities establishing the center shall approve	1531
and be parties to the contract.	1532

(H) If a person who is convicted of or pleads guilty to an	1533
offense is sentenced to a term in a multicounty correctional	1534
center or a municipal-county or multicounty-municipal correctional	1535
center or is incarcerated in the center in the manner described in	1536
division (C) of this section, or if a person who is arrested for	1537
an offense, and who has been denied bail or has had bail set and	1538
has not been released on bail is confined in a multicounty	1539
correctional center or a municipal-county or multicounty-municipal	1540
correctional center pending trial, at the time of reception and at	1541
other times the officer, officers, or other person in charge of	1542
the operation of the center determines to be appropriate, the	1543
officer, officers, or other person in charge of the operation of	1544
the center may cause the convicted or accused offender to be	1545
examined and tested for tuberculosis, HIV infection, hepatitis,	1546
including but not limited to hepatitis A, B, and C, and other	1547
contagious diseases. The officer, officers, or other person in	1548
charge of the operation of the center may cause a convicted or	1549
accused offender in the center who refuses to be tested or treated	1550
for tuberculosis, HIV infection, hepatitis, including but not	1551
limited to hepatitis A, B, and C, or another contagious disease to	1552
be tested and treated involuntarily.	1553

(I) As used in this section, "multicounty-municipal" means	1554
more than one county and a municipal corporation, or more than one	1555
municipal corporation and a county, or more than one municipal	1556
corporation and more than one county.	1557

Sec. 311.04.  (A) As used in this section, "felony" has the	1558
same meaning as in section 109.511 of the Revised Code.	1559

(B)(1) Subject to division (C) of this section, the sheriff	1560
may appoint, in writing, one or more deputies. At the time of the	1561
appointment, the sheriff shall file the writing upon which the	1562
appointment is made with the clerk of the court of common pleas,	1563
and the clerk of the court shall enter it upon the journal of the	1564
court. The sheriff shall pay the clerk's fees for the filing and	1565
journal entry of the writing. In cases of emergency, the sheriff	1566
may request of the sheriff of another county the aid of qualified	1567
deputies serving in those other counties of the state, and, if the	1568
consent of the sheriff of that other county is received, the	1569
deputies while so assigned shall be considered to be the deputies	1570
of the sheriff of the county requesting aid. No judge of a county	1571
court or mayor shall be appointed a deputy.	1572

(2) Notwithstanding section 2335.33 of the Revised Code, the	1573
sheriff shall retain the fee charged pursuant to division (B) of	1574
section 311.37 of the Revised Code for the purpose of training	1575
deputies appointed pursuant to this section.	1576

(C)(1) The sheriff shall not appoint a person as a deputy	1577
sheriff pursuant to division (B)(1) of this section on a permanent	1578
basis, on a temporary basis, for a probationary term, or on other	1579
than a permanent basis if the person previously has been convicted	1580
of or has pleaded guilty to a felony.	1581

(2)(a) The sheriff shall terminate the employment of a	1582
deputy sheriff appointed under division (B)(1) of this section if	1583
the deputy sheriff does either of the following:	1584

(i) Pleads guilty to a felony;

1585

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	1586
plea agreement as provided in division (D) of section 2929.29	1587
2929.43 of the Revised Code in which the deputy sheriff agrees to	1588
surrender the certificate awarded to the deputy sheriff under	1589
section 109.77 of the Revised Code.	1590

(b) The sheriff shall suspend from employment any deputy	1591
sheriff appointed under division (B)(1) of this section if the	1592
deputy sheriff is convicted, after trial, of a felony. If the	1593
deputy sheriff files an appeal from that conviction and the	1594
conviction is upheld by the highest court to which the appeal is	1595
taken or if the deputy sheriff does not file a timely appeal, the	1596
sheriff shall terminate the employment of that deputy sheriff. If	1597
the deputy sheriff files an appeal that results in that deputy	1598
sheriff's acquittal of the felony or conviction of a misdemeanor,	1599
or in the dismissal of the felony charge against the deputy	1600
sheriff, the sheriff shall reinstate that deputy sheriff. A	1601
deputy sheriff who is reinstated under division (C)(2)(b) of this	1602
section shall not receive any back pay unless that deputy	1603
sheriff's conviction of the felony was reversed on appeal, or the	1604
felony charge was dismissed, because the court found insufficient	1605
evidence to convict the deputy sheriff of the felony.	1606

(3) Division (C) of this section does not apply regarding an	1607
offense that was committed prior to January 1, 1997.	1608

(4) The suspension from employment, or the termination of	1609
the employment, of a deputy sheriff under division (C)(2) of this	1610
section shall be in accordance with Chapter 119. of the Revised	1611
Code.	1612

Sec. 321.44.  (A)(1) A county probation services fund shall	1613
be established in the county treasury of each county. The fund a	1614
county establishes under this division shall contain all moneys	1615
paid to the treasurer of the county under section 2951.021 of the	1616
Revised Code for deposit into the fund. The moneys paid into the	1617
fund shall be deposited by the treasurer of the county into the	1618
appropriate account established under divisions (A)(1)(a) to (d)	1619
of this section. Separate accounts shall be maintained in	1620
accordance with the following criteria in the fund a county	1621
establishes under this division:	1622

(a) If a county department of probation is established in	1623
the county, a separate account shall be maintained in the fund for	1624
the county department of probation.	1625

(b) If the judges of the court of common pleas of the county	1626
have affiliated with the judges of the court of common pleas of	1627
one or more other counties and have established a multicounty	1628
department of probation, a separate account shall be maintained in	1629
the fund for the multicounty department of probation.	1630

(c) If a department of probation is established in a	1631
county-operated municipal court that has jurisdiction within the	1632
county, a separate account shall be maintained in the fund for the	1633
municipal court department of probation.	1634

(d) If a county department of probation has not been	1635
established in the county and if the court of common pleas of the	1636
county, pursuant to section 2301.32 of the Revised Code, has	1637
entered into an agreement with the adult parole authority under	1638
which the court may place defendants on probationunder a	1639
community control sanction in charge of the authority, a separate	1640
account shall be maintained in the fund for the adult parole	1641
authority.	1642

(2) For any county, if a county department of probation is	1643
established in the county or if a department of probation is	1644
established in a county-operated municipal court that has	1645
jurisdiction within the county, the board of county commissioners	1646
of the county shall appropriate to the county department of	1647
probation or municipal court department of probation all money	1648
that is contained in the department's account in the county	1649
probation services fund established in the county for use only for	1650
specialized staff, purchase of equipment, purchase of services,	1651
reconciliation programs for offenders and victims, other treatment	1652
programs, including alcohol and drug addiction programs certified	1653
under section 3793.06 of the Revised Code, determined to be	1654
appropriate by the chief probation officer of the department of	1655
probation, and other similar probation-related expenses related to	1656
placing offenders under a community control sanction.	1657

For any county, if the judges of the court of common pleas of	1658
the county have affiliated with the judges of the court of common	1659
pleas of one or more other counties and have established a	1660
multicounty department of probation to serve the counties, the	1661
board of county commissioners of the county shall appropriate and	1662
the county treasurer shall transfer to the multicounty probation	1663
services fund established for the multicounty department of	1664
probation under division (B) of this section all money that is	1665
contained in the multicounty department of probation account in	1666
the county probation services fund established in the county for	1667
use in accordance with that division.	1668

For any county, if a county department of probation has not	1669
been established in the county and if the court of common pleas of	1670
the county, pursuant to section 2301.32 of the Revised Code, has	1671
entered into an agreement with the adult parole authority under	1672
which the court may place defendants on probationunder a	1673
community control sanction in charge of the authority, the board	1674
of county commissioners of the county shall appropriate and the	1675
county treasurer shall transfer to the adult parole authority	1676
probation services fund established under section 5149.06 of the	1677
Revised Code all money that is contained in the adult parole	1678
authority account in the county probation services fund	1679
established in the county for use in accordance with section	1680
5149.06 of the Revised Code.	1681

(B) If the judges of the courts of common pleas of two or	1682
more counties have established a multicounty department of	1683
probation, a multicounty probation services fund shall be	1684
established in the county treasury of the county whose treasurer,	1685
in accordance with section 2301.27 of the Revised Code, is	1686
designated by the judges of the courts of common pleas as the	1687
treasurer to whom monthly supervision fees are to be appropriated	1688
and transferred under division (A)(2) of this section for deposit	1689
into the fund. The fund shall contain all moneys that are paid to	1690
the treasurer of any member county under section 2951.021 of the	1691
Revised Code for deposit into the county's probation services fund	1692
and that subsequently are appropriated and transferred to the	1693
multicounty probation services fund under division (A)(2) of this	1694
section. The board of county commissioners of the county in which	1695
the multicounty probation services fund is established shall	1696
appropriate the money contained in that fund to the multicounty	1697
department of probation, for use only for specialized staff,	1698
purchase of equipment, purchase of services, reconciliation	1699
programs for offenders and victims, other treatment programs,	1700
including alcohol and drug addiction programs certified under	1701
section 3793.06 of the Revised Code, determined to be appropriate	1702
by the chief probation officer, and for other similar	1703
probation-related expenses related to placing offenders under a	1704
community control sanction.	1705

(C) Any money in a county or multicounty probation services	1706
fund at the end of a fiscal year shall not revert to the general	1707
fund of the county but shall be retained in the fund.	1708

(D) As used in this section:

1709

(1) "County-operated municipal court" has the same meaning as	1710
in section 1901.03 of the Revised Code.	1711

(2) "Multicounty department of probation" means a probation	1712
department established under section 2301.27 of the Revised Code	1713
to serve more than one county.	1714

(3)"Community control sanction" has the same meaning as in	1715
section 2929.01 of the Revised Code.	1716

Sec. 341.14.  (A) The sheriff of an adjoining county shall	1717
not receive prisoners as provided by section 341.12 of the Revised	1718
Code unless there is deposited weekly with the sheriff an amount	1719
equal to the actual cost of keeping and feeding each prisoner so	1720
committed for the use of the jail of that county, and the same	1721
amount for a period of time less than one week. If a prisoner is	1722
discharged before the expiration of the term for which the	1723
prisoner was committed, the excess of the amount advanced shall be	1724
refunded.	1725

(B) Pursuant to section 2929.37 of the Revised Code, the	1726
board of county commissioners of the county that receives pursuant	1727
to section 341.12 of the Revised Code for confinement in its jail,	1728
a prisoner who was convicted of an offense, may require the	1729
prisoner to reimburse the county for its expenses incurred by	1730
reason of the prisoner's confinement.	1731

(C) Notwithstanding any contrary provision in this section	1732
or section 2929.18, 2929.21, 2929.362929.28, or 2929.37 of the	1733
Revised Code, the board of county commissioners may establish a	1734
policy that complies with section 2929.38 of the Revised Code and	1735
that requires any prisoner who is not indigent and who is confined	1736
in the county's jail under this section to pay a reception fee, a	1737
fee for medical treatment or service requested by and provided to	1738
that prisoner, or the fee for a random drug test assessed under	1739
division (E) of section 341.26 of the Revised Code.	1740

(D) If a county receives pursuant to section 341.12 of the	1741
Revised Code for confinement in its jail a person who has been	1742
convicted of or pleaded guilty to an offense and has been	1743
sentenced to a term in a jail or a person who has been arrested	1744
for an offense, who has been denied bail or has had bail set and	1745
has not been released on bail, and who is confined in jail pending	1746
trial, at the time of reception and at other times the sheriff or	1747
other person in charge of the operation of the jail determines to	1748
be appropriate, the sheriff or other person in charge of the	1749
operation of the jail may cause the convicted or accused offender	1750
to be examined and tested for tuberculosis, HIV infection,	1751
hepatitis, including but not limited to hepatitis A, B, and C, and	1752
other contagious diseases. The sheriff or other person in charge	1753
of the operation of the jail may cause a convicted or accused	1754
offender in the jail who refuses to be tested or treated for	1755
tuberculosis, HIV infection, hepatitis, including but not limited	1756
to hepatitis A, B, and C, or another contagious disease to be	1757
tested and treated involuntarily.	1758

Sec. 341.19.  (A) Pursuant to section 2929.37 of the Revised	1759
Code, the board of county commissioners may require a person who	1760
was convicted of an offense and who is confined in the county jail	1761
to reimburse the county for its expenses incurred by reason of the	1762
person's confinement.	1763

(B) Notwithstanding any contrary provision in this section	1764
or section 2929.18, 2929.21, 2929.362929.28, or 2929.37 of the	1765
Revised Code, the board of county commissioners may establish a	1766
policy that complies with section 2929.38 of the Revised Code and	1767
that requires any prisoner who is not indigent and who is confined	1768
in the county's jail under this section to pay a reception fee, a	1769
fee for any medical treatment or service requested by and provided	1770
to that prisoner, or the fee for a random drug test assessed under	1771
division (E) of section 341.26 of the Revised Code.	1772

(C) If a person who is convicted of or pleads guilty to an	1773
offense is sentenced to a term in a jail, or if a person who has	1774
been arrested for an offense, and who has been denied bail or has	1775
had bail set and has not been released on bail is confined in jail	1776
pending trial, at the time of reception and at other times the	1777
sheriff or other person in charge of the operation of the jail	1778
determines to be appropriate, the sheriff or other person in	1779
charge of the operation of the jail may cause the convicted or	1780
accused offender to be examined and tested for tuberculosis, HIV	1781
infection, hepatitis, including but not limited to hepatitis A, B,	1782
and C, and other contagious diseases. The sheriff or other person	1783
in charge of the operation of the jail may cause a convicted or	1784
accused offender in the jail who refuses to be tested or treated	1785
for tuberculosis, HIV infection, hepatitis, including but not	1786
limited to hepatitis A, B, and C, or another contagious disease to	1787
be tested and treated involuntarily.	1788

Sec. 341.21.  (A) The board of county commissioners may	1789
direct the sheriff to receive into custody prisoners charged with	1790
or convicted of crime by the United States, and to keep those	1791
prisoners until discharged.	1792

The board of the county in which prisoners charged with or	1793
convicted of crime by the United States may be so committed may	1794
negotiate and conclude any contracts with the United States for	1795
the use of the jail as provided by this section and as the board	1796
sees fit.	1797

A prisoner so committed shall be supported at the expense of	1798
the United States during the prisoner's confinement in the county	1799
jail. No greater compensation shall be charged by a sheriff for	1800
the subsistence of that type of prisoner than is provided by	1801
section 311.20 of the Revised Code to be charged for the	1802
subsistence of state prisoners.	1803

A sheriff or jailer who neglects or refuses to perform the	1804
services and duties directed by the board by reason of this	1805
division, shall be liable to the same penalties, forfeitures, and	1806
actions as if the prisoner had been committed under the authority	1807
of this state.	1808

(B) Prior to the acceptance for housing into the county jail	1809
of persons who are designated by the department of rehabilitation	1810
and correction, who plead guilty to or are convicted of a felony	1811
of the fourth or fifth degree, and who satisfy the other	1812
requirements listed in section 5120.161 of the Revised Code, the	1813
board of county commissioners shall enter into an agreement with	1814
the department of rehabilitation and correction under section	1815
5120.161 of the Revised Code for the housing in the county jail of	1816
persons designated by the department who plead guilty to or are	1817
convicted of a felony of the fourth or fifth degree and who	1818
satisfy the other requirements listed in that section in exchange	1819
for a per diem fee per person. Persons incarcerated in the county	1820
jail pursuant to an agreement entered into under this division	1821
shall be subject to supervision and control in the manner	1822
described in section 5120.161 of the Revised Code. This division	1823
does not affect the authority of a court to directly sentence a	1824
person who is convicted of or pleads guilty to a felony to the	1825
county jail in accordance with section 2929.16 of the Revised	1826
Code.	1827

(C) Notwithstanding any contrary provision in section	1828
2929.18, 2929.21, 2929.362929.28, or 2929.37 or in any other	1829
section of the Revised Code, the board of county commissioners may	1830
establish a policy that complies with section 2929.38 of the	1831
Revised Code and that requires any person who is not indigent and	1832
who is confined in the jail under division (B) of this section to	1833
pay a reception fee, a fee for any medical treatment or service	1834
requested by and provided to that person, or the fee for a random	1835
drug test assessed under division (E) of section 341.26 of the	1836
Revised Code.	1837

(D) If a sheriff receives into custody a prisoner convicted	1838
of crime by the United States as described in division (A) of this	1839
section, if a person who has been convicted of or pleaded guilty	1840
to an offense is incarcerated in the jail in the manner described	1841
in division (B) of this section, if a sheriff receives into	1842
custody a prisoner charged with a crime by the United States and	1843
the prisoner has had bail denied or has had bail set, has not been	1844
released on bail, and is confined in jail pending trial, or if a	1845
person who has been arrested for an offense, and who has been	1846
denied bail or has had bail set and has not been released on bail	1847
is confined in jail pending trial, at the time of reception and at	1848
other times the sheriff or other person in charge of the operation	1849
of the jail determines to be appropriate, the sheriff or other	1850
person in charge of the operation of the jail may cause the	1851
convicted or accused offender to be examined and tested for	1852
tuberculosis, HIV infection, hepatitis, including, but not limited	1853
to, hepatitis A, B, and C, and other contagious diseases. The	1854
sheriff or other person in charge of the operation of the jail may	1855
cause a convicted or accused offender in the jail who refuses to	1856
be tested or treated for tuberculosis, HIV infection, hepatitis,	1857
including, but not limited to, hepatitis A, B, and C, or another	1858
contagious disease to be tested and treated involuntarily.	1859

Sec. 341.23.  (A) The board of county commissioners of any	1860
county or the legislative authority of any municipal corporation	1861
in which there is no workhouse may agree with the legislative	1862
authority of any municipal corporation or other authority having	1863
control of the workhouse of any other city, or with the directors	1864
of any district of a joint city and county workhouse or county	1865
workhouse, upon terms on which persons convicted of a misdemeanor	1866
by any court or magistrate of a county or municipal corporation	1867
having no workhouse, may be received into that workhouse, under	1868
sentence of the court or magistrate. The board or legislative	1869
authority may pay the expenses incurred under the agreement out of	1870
the general fund of that county or municipal corporation, upon the	1871
certificate of the proper officer of the workhouse.	1872

(B) The sheriff or other officer transporting any person to	1873
the workhouse described in division (A) of this section shall	1874
receive six cents per mile for the sheriff or officer, going and	1875
returning, five cents per mile for transporting the convict, and	1876
five cents per mile, going and coming, for the service of each	1877
deputy, to be allowed as in cases in which a person is transported	1878
to a state correctional institution. The number of miles shall be	1879
computed by the usual routes of travel and, in state cases, shall	1880
be paid out of the general fund of the county, on the allowance of	1881
the board, and for the violation of the ordinances of any	1882
municipal corporation, shall be paid by that municipal corporation	1883
on the order of its legislative authority.	1884

(C) Pursuant to section 2929.37 of the Revised Code, the	1885
board of county commissioners, the directors of the district of a	1886
joint city and county workhouse or county workhouse, or the	1887
legislative authority of the municipal corporation may require a	1888
person who was convicted of an offense and who is confined in a	1889
workhouse as provided in division (A) of this section, to	1890
reimburse the county, district, or municipal corporation, as the	1891
case may be, for its expenses incurred by reason of the person's	1892
confinement.	1893

(D) Notwithstanding any contrary provision in this section	1894
or section 2929.18, 2929.21, 2929.362929.28, or 2929.37 of the	1895
Revised Code, the appropriate board of county commissioners and	1896
legislative authorities may include in their agreement entered	1897
into under division (A) of this section a policy that complies	1898
with section 2929.38 of the Revised Code and that requires any	1899
person who is not indigent and who is confined in the county,	1900
city, district, or joint city and county workhouse under this	1901
section to pay a reception fee, a fee for any medical treatment	1902
or service requested by and provided to that person, or the fee	1903
for a random drug test assessed under division (E) of section	1904
341.26 of the Revised Code.	1905

(E) If a person who has been convicted of or pleaded guilty	1906
to an offense is incarcerated in the workhouse as provided in	1907
division (A) of this section, at the time of reception and at	1908
other times the person in charge of the operation of the workhouse	1909
determines to be appropriate, the person in charge of the	1910
operation of the workhouse may cause the convicted offender to be	1911
examined and tested for tuberculosis, HIV infection, hepatitis,	1912
including but not limited to hepatitis A, B, and C, and other	1913
contagious diseases. The person in charge of the operation of the	1914
workhouse may cause a convicted offender in the workhouse who	1915
refuses to be tested or treated for tuberculosis, HIV infection,	1916
hepatitis, including but not limited to hepatitis A, B, and C, or	1917
another contagious disease to be tested and treated involuntarily.	1918

Sec. 505.49.  (A) As used in this section, "felony" has the	1919
same meaning as in section 109.511 of the Revised Code.	1920

(B)(1) The township trustees by a two-thirds vote of the	1921
board may adopt rules necessary for the operation of the township	1922
police district, including a determination of the qualifications	1923
of the chief of police, patrol officers, and others to serve as	1924
members of the district police force.	1925

(2) Except as otherwise provided in division (E) of this	1926
section and subject to division (D) of this section, the township	1927
trustees by a two-thirds vote of the board shall appoint a chief	1928
of police for the district, determine the number of patrol	1929
officers and other personnel required by the district, and	1930
establish salary schedules and other conditions of employment for	1931
the employees of the township police district. The chief of	1932
police of the district shall serve at the pleasure of the township	1933
trustees and shall appoint patrol officers and other personnel	1934
that the district may require, subject to division (D) of this	1935
section and to the rules and limits as to qualifications, salary	1936
ranges, and numbers of personnel established by the township board	1937
of trustees. The township trustees may include in the township	1938
police district and under the direction and control of the chief	1939
of police, any constable appointed pursuant to section 509.01 of	1940
the Revised Code, or may designate the chief of police or any	1941
patrol officer appointed by the chief of police as a constable, as	1942
provided for in section 509.01 of the Revised Code, for the	1943
township police district.	1944

(3) Except as provided in division (D) of this section, a	1945
patrol officer, other police district employee, or police	1946
constable, who has been awarded a certificate attesting to the	1947
satisfactory completion of an approved state, county, or municipal	1948
police basic training program, as required by section 109.77 of	1949
the Revised Code, may be removed or suspended only under the	1950
conditions and by the procedures in sections 505.491 to 505.495 of	1951
the Revised Code. Any other patrol officer, police district	1952
employee, or police constable shall serve at the pleasure of the	1953
township trustees. In case of removal or suspension of an	1954
appointee by the board of township trustees, that appointee may	1955
appeal the decision of the board to the court of common pleas of	1956
the county in which the district is situated to determine the	1957
sufficiency of the cause of removal or suspension. The appointee	1958
shall take the appeal within ten days of written notice to the	1959
appointee of the decision of the board.	1960

(C) Division (B) of this section does not apply to a	1961
township that has a population of ten thousand or more persons	1962
residing within the township and outside of any municipal	1963
corporation, that has its own police department employing ten or	1964
more full-time paid employees, and that has a civil service	1965
commission established under division (B) of section 124.40 of the	1966
Revised Code. That type of township shall comply with the	1967
procedures for the employment, promotion, and discharge of police	1968
personnel provided by Chapter 124. of the Revised Code, except	1969
that the board of township trustees of the township may appoint	1970
the chief of police, and a person so appointed shall be in the	1971
unclassified service under section 124.11 of the Revised Code and	1972
shall serve at the pleasure of the board. A person appointed	1973
chief of police under these conditions who is removed by the board	1974
or who resigns from the position shall be entitled to return to	1975
the classified service in the township police department, in the	1976
position that person held previous to the person's appointment as	1977
chief of police. The board of township trustees shall determine	1978
the number of personnel required and establish salary schedules	1979
and conditions of employment not in conflict with Chapter 124. of	1980
the Revised Code. Persons employed as police personnel in that	1981
type of township on the date a civil service commission is	1982
appointed pursuant to division (B) of section 124.40 of the	1983
Revised Code, without being required to pass a competitive	1984
examination or a police training program, shall retain their	1985
employment and any rank previously granted them by action of the	1986
township trustees or otherwise, but those persons are eligible for	1987
promotion only by compliance with Chapter 124. of the Revised	1988
Code. This division does not apply to constables appointed	1989
pursuant to section 509.01 of the Revised Code. This division is	1990
subject to division (D) of this section.	1991

(D)(1) The board of township trustees shall not appoint or	1992
employ a person as a chief of police, and the chief of police	1993
shall not appoint or employ a person as a patrol officer or other	1994
peace officer of a township police district or a township police	1995
department, on a permanent basis, on a temporary basis, for a	1996
probationary term, or on other than a permanent basis if the	1997
person previously has been convicted of or has pleaded guilty to a	1998
felony.	1999

(2)(a) The board of township trustees shall terminate the	2000
appointment or employment of a chief of police, patrol officer, or	2001
other peace officer of a township police district or township	2002
police department who does either of the following:	2003

(i) Pleads guilty to a felony;

2004

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2005
plea agreement as provided in division (D) of section 2929.29	2006
2929.43 of the Revised Code in which the chief of police, patrol	2007
officer, or other peace officer of a township police district or	2008
township police department agrees to surrender the certificate	2009
awarded to that chief of police, patrol officer, or other peace	2010
officer under section 109.77 of the Revised Code.	2011

(b) The board shall suspend the appointment or employment of	2012
a chief of police, patrol officer, or other peace officer of a	2013
township police district or township police department who is	2014
convicted, after trial, of a felony. If the chief of police,	2015
patrol officer, or other peace officer of a township police	2016
district or township police department files an appeal from that	2017
conviction and the conviction is upheld by the highest court to	2018
which the appeal is taken or if no timely appeal is filed, the	2019
board shall terminate the appointment or employment of that chief	2020
of police, patrol officer, or other peace officer. If the chief	2021
of police, patrol officer, or other peace officer of a township	2022
police district or township police department files an appeal that	2023
results in that chief of police's, patrol officer's, or other	2024
peace officer's acquittal of the felony or conviction of a	2025
misdemeanor, or in the dismissal of the felony charge against the	2026
chief of police, patrol officer, or other peace officer, the board	2027
shall reinstate that chief of police, patrol officer, or other	2028
peace officer. A chief of police, patrol officer, or other peace	2029
officer of a township police district or township police	2030
department who is reinstated under division (D)(2)(b) of this	2031
section shall not receive any back pay unless the conviction of	2032
that chief of police, patrol officer, or other peace officer of	2033
the felony was reversed on appeal, or the felony charge was	2034
dismissed, because the court found insufficient evidence to	2035
convict the chief of police, patrol officer, or other peace	2036
officer of the felony.	2037

(3) Division (D) of this section does not apply regarding an	2038
offense that was committed prior to January 1, 1997.	2039

(4) The suspension or termination of the appointment or	2040
employment of a chief of police, patrol officer, or other peace	2041
officer under division (D)(2) of this section shall be in	2042
accordance with Chapter 119. of the Revised Code.	2043

(E) The board of township trustees may enter into a contract	2044
under section 505.43 or 505.50 of the Revised Code to obtain all	2045
police protection for the township police district from one or	2046
more municipal corporations, county sheriffs, or other townships.	2047
If the board enters into such a contract, subject to division (D)	2048
of this section, it may, but is not required to, appoint a police	2049
chief for the district.	2050

(F) The members of the police force of a township police	2051
district of a township that adopts the limited self-government	2052
form of township government shall serve as peace officers for the	2053
township territory included in the district.	2054

(G) A chief of police or patrol officer of a township police	2055
district, or of a township police department, may participate, as	2056
the director of an organized crime task force established under	2057
section 177.02 of the Revised Code or as a member of the	2058
investigatory staff of that task force, in an investigation of	2059
organized criminal activity in any county or counties in this	2060
state under sections 177.01 to 177.03 of the Revised Code.	2061

Sec. 509.01.  (A) As used in this section, "felony" has the	2062
same meaning as in section 109.511 of the Revised Code.	2063

(B) Subject to division (C) of this section, the board of	2064
township trustees may designate any qualified persons as police	2065
constables and may provide them with the automobiles,	2066
communication systems, uniforms, and police equipment that the	2067
board considers necessary. Except as provided in division (C) of	2068
this section, police constables designated under this division,	2069
who have been awarded a certificate attesting to the satisfactory	2070
completion of an approved state, county, or municipal police basic	2071
training program, as required by section 109.77 of the Revised	2072
Code, may be removed or suspended only under the conditions and by	2073
the procedures in sections 505.491 to 505.495 of the Revised Code.	2074
Any other police constable shall serve at the pleasure of the	2075
township trustees. In case of removal or suspension of a police	2076
constable by the board of township trustees, that police constable	2077
may appeal the decision of the board to the court of common pleas	2078
of the county to determine the sufficiency of the cause of removal	2079
or suspension. The police constable shall take the appeal within	2080
ten days of written notice to the police constable of the decision	2081
of the board. The board may pay each police constable, from the	2082
general funds of the township, the compensation that the board by	2083
resolution prescribes for the time actually spent in keeping the	2084
peace, protecting property, and performing duties as a police	2085
constable, including duties as an ex officio deputy bailiff of a	2086
municipal court pursuant to section 1901.32 of the Revised Code	2087
and duties as a ministerial officer of a county court. The police	2088
constable shall not be paid fees in addition to the compensation	2089
allowed by the board for services rendered as a police constable,	2090
including services as an ex officio deputy bailiff of a municipal	2091
court pursuant to section 1901.32 of the Revised Code and as a	2092
ministerial officer of a county court. All constable fees	2093
provided for by section 509.15 of the Revised Code, if due for	2094
services rendered while the police constable performing those	2095
services is being compensated as a police constable for that	2096
performance, shall be paid into the general fund of the township.	2097

(C)(1) The board of township trustees shall not designate a	2098
person as a police constable pursuant to division (B) of this	2099
section on a permanent basis, on a temporary basis, for a	2100
probationary term, or on other than a permanent basis if the	2101
person previously has been convicted of or has pleaded guilty to a	2102
felony.	2103

(2)(a) The board of township trustees shall terminate the	2104
employment of a police constable designated under division (B) of	2105
this section if the police constable does either of the following:	2106

(i) Pleads guilty to a felony;

2107

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2108
plea agreement as provided in division (D) of section 2929.29	2109
2929.43 of the Revised Code in which the police constable agrees	2110
to surrender the certificate awarded to the police constable under	2111
section 109.77 of the Revised Code.	2112

(b) The board shall suspend from employment a police	2113
constable designated under division (B) of this section if the	2114
police constable is convicted, after trial, of a felony. If the	2115
police constable files an appeal from that conviction and the	2116
conviction is upheld by the highest court to which the appeal is	2117
taken or if the police constable does not file a timely appeal,	2118
the board shall terminate the employment of that police constable.	2119
If the police constable files an appeal that results in that	2120
police constable's acquittal of the felony or conviction of a	2121
misdemeanor, or in the dismissal of the felony charge against the	2122
police constable, the board shall reinstate that police constable.	2123
A police constable who is reinstated under division (C)(2)(b) of	2124
this section shall not receive any back pay unless that police	2125
constable's conviction of the felony was reversed on appeal, or	2126
the felony charge was dismissed, because the court found	2127
insufficient evidence to convict the police constable of the	2128
felony.	2129

(3) Division (C) of this section does not apply regarding an	2130
offense that was committed prior to January 1, 1997.	2131

(4) The suspension from employment, or the termination of	2132
the employment, of a police constable under division (C)(2) of	2133
this section shall be in accordance with Chapter 119. of the	2134
Revised Code.	2135

Sec. 511.232.  (A) As used in this section, "felony" has the	2136
same meaning as in section 109.511 of the Revised Code.	2137

(B) The employees designated by the board of park	2138
commissioners of a township park district may enforce the laws of	2139
the state and the regulations of the board within and adjacent to	2140
the lands under the jurisdiction and control of the board or when	2141
acting as authorized by section 511.235 or 511.236 of the Revised	2142
Code. Before exercising those powers, the designated employees	2143
shall comply with the certification requirement established in	2144
section 109.77 of the Revised Code, take an oath, and give a bond	2145
to the state, in the sum that the board prescribes, for the proper	2146
performance of their duties. This division is subject to division	2147
(C) of this section.	2148

(C)(1) The board of park commissioners of a township park	2149
district shall not designate an employee as provided in division	2150
(B) of this section on a permanent basis, on a temporary basis,	2151
for a probationary term, or on other than a permanent basis if the	2152
employee previously has been convicted of or has pleaded guilty to	2153
a felony.	2154

(2)(a) The board of park commissioners of a township park	2155
district shall terminate the employment of an employee designated	2156
as provided in division (B) of this section if the employee does	2157
either of the following:	2158

(i) Pleads guilty to a felony;

2159

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2160
plea agreement as provided in division (D) of section 2929.29	2161
2929.43 of the Revised Code in which the employee agrees to	2162
surrender the certificate awarded to the employee under section	2163
109.77 of the Revised Code.	2164

(b) The board shall suspend from employment an employee	2165
designated as provided in division (B) of this section if the	2166
employee is convicted, after trial, of a felony. If the employee	2167
files an appeal from that conviction and the conviction is upheld	2168
by the highest court to which the appeal is taken or if the	2169
employee does not file a timely appeal, the board shall terminate	2170
the employment of that employee. If the employee files an appeal	2171
that results in that employee's acquittal of the felony or	2172
conviction of a misdemeanor, or in the dismissal of the felony	2173
charge against the employee, the board shall reinstate that	2174
employee. An employee who is reinstated under division (C)(2)(b)	2175
of this section shall not receive any back pay unless that	2176
employee's conviction of the felony was reversed on appeal, or the	2177
felony charge was dismissed, because the court found insufficient	2178
evidence to convict the employee of the felony.	2179

(3) Division (C) of this section does not apply regarding an	2180
offense that was committed prior to January 1, 1997.	2181

(4) The suspension from employment, or the termination of	2182
the employment, of an employee under division (C)(2) of this	2183
section shall be in accordance with Chapter 119. of the Revised	2184
Code.	2185

Sec. 737.052.  (A) As used in this section, "felony" has the	2186
same meaning as in section 109.511 of the Revised Code.	2187

(B)(1) The director of public safety shall not appoint a	2188
person as a chief of police, a member of the police department of	2189
the municipal corporation, or an auxiliary police officer on a	2190
permanent basis, on a temporary basis, for a probationary term, or	2191
on other than a permanent basis if the person previously has been	2192
convicted of or has pleaded guilty to a felony.	2193

(2)(a) The director of public safety shall terminate the	2194
employment of a chief of police, member of the police department,	2195
or auxiliary police officer who does either of the following:	2196

(i) Pleads guilty to a felony;

2197

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2198
plea agreement as provided in division (D) of section 2929.29	2199
2929.43 of the Revised Code in which the chief of police, member	2200
of the police department, or auxiliary police officer agrees to	2201
surrender the certificate awarded to the chief of police, member	2202
of the police department, or auxiliary police officer under	2203
section 109.77 of the Revised Code.	2204

(b) The director shall suspend from employment a chief of	2205
police, member of the police department, or auxiliary police	2206
officer who is convicted, after trial, of a felony. If the chief	2207
of police, member of the police department, or auxiliary police	2208
officer files an appeal from that conviction and the conviction is	2209
upheld by the highest court to which the appeal is taken or if the	2210
chief of police, member of the police department, or auxiliary	2211
police officer does not file a timely appeal, the director shall	2212
terminate that person's employment. If the chief of police,	2213
member of the police department, or auxiliary police officer files	2214
an appeal that results in that person's acquittal of the felony or	2215
conviction of a misdemeanor, or in the dismissal of the felony	2216
charge against that person, the director shall reinstate that	2217
person. A chief of police, member of the police department, or	2218
auxiliary police officer who is reinstated under division	2219
(B)(2)(b) of this section shall not receive any back pay unless	2220
that person's conviction of the felony was reversed on appeal, or	2221
the felony charge was dismissed, because the court found	2222
insufficient evidence to convict that person of the felony.	2223

(3) Division (B) of this section does not apply regarding an	2224
offense that was committed prior to January 1, 1997.	2225

(4) The suspension from employment, or the termination of	2226
the employment, of the chief of police, member of the police	2227
department, or auxiliary police officer under division (B)(2) of	2228
this section shall be in accordance with Chapter 119. of the	2229
Revised Code.	2230

Sec. 737.162.  (A) As used in this section, "felony" has the	2231
same meaning as in section 109.511 of the Revised Code.	2232

(B)(1) The mayor shall not appoint a person as a marshal, a	2233
deputy marshal, a police officer, a night watchperson, a special	2234
police officer, or an auxiliary police officer on a permanent	2235
basis, on a temporary basis, for a probationary term, or on other	2236
than a permanent basis if the person previously has been convicted	2237
of or has pleaded guilty to a felony.	2238

(2)(a) The mayor shall terminate the employment of a	2239
marshal, deputy marshal, police officer, night watchperson,	2240
special police officer, or auxiliary police officer who does	2241
either of the following:	2242

(i) Pleads guilty to a felony;

2243

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2244
plea agreement as provided in division (D) of section 2929.29	2245
2929.43 of the Revised Code in which the marshal, deputy marshal,	2246
police officer, night watchperson, special police officer, or	2247
auxiliary police officer agrees to surrender the certificate	2248
awarded to that person under section 109.77 of the Revised Code.	2249

(b) The mayor shall suspend from employment a marshal,	2250
deputy marshal, police officer, night watchperson, special police	2251
officer, or auxiliary police officer who is convicted, after	2252
trial, of a felony. If the marshal, deputy marshal, police	2253
officer, night watchperson, special police officer, or auxiliary	2254
police officer files an appeal from that conviction and the	2255
conviction is upheld by the highest court to which the appeal is	2256
taken or if that person does not file a timely appeal, the mayor	2257
shall terminate that person's employment. If the marshal, deputy	2258
marshal, police officer, night watchperson, special police	2259
officer, or auxiliary police officer files an appeal that results	2260
in that person's acquittal of the felony or conviction of a	2261
misdemeanor, or in the dismissal of the felony charge against that	2262
person, the mayor shall reinstate that person. A marshal, deputy	2263
marshal, police officer, night watchperson, special police	2264
officer, or auxiliary police officer who is reinstated under	2265
division (B)(2)(b) of this section shall not receive any back pay	2266
unless that person's conviction of the felony was reversed on	2267
appeal, or the felony charge was dismissed, because the court	2268
found insufficient evidence to convict that person of the felony.	2269

(3) Division (B) of this section does not apply regarding an	2270
offense that was committed prior to January 1, 1997.	2271

(4) The suspension from employment, or the termination of	2272
the employment, of a marshal, deputy marshal, police officer,	2273
night watchperson, special police officer, or auxiliary police	2274
officer under division (B)(2) of this section shall be in	2275
accordance with Chapter 119. of the Revised Code.	2276

Sec. 737.41.  (A) The legislative authority of a municipal	2277
corporation in which is established a municipal court, other than	2278
a county-operated municipal court, that has a department of	2279
probation shall establish in the municipal treasury a municipal	2280
probation services fund. The fund shall contain all moneys paid	2281
to the treasurer of the municipal corporation under section	2282
2951.021 of the Revised Code for deposit into the fund. The	2283
treasurer of the municipal corporation shall disburse the money	2284
contained in the fund at the request of the municipal court	2285
department of probation, for use only by that department for	2286
specialized staff, purchase of equipment, purchase of services,	2287
reconciliation programs for offenders and victims, other treatment	2288
programs, including alcohol and drug addiction programs certified	2289
under section 3793.06 of the Revised Code, determined to be	2290
appropriate by the chief probation officer, and other similar	2291
probation-related expenses related to placing offenders under a	2292
community control sanction.	2293

(B) Any money in a municipal probation services fund at the	2294
end of a fiscal year shall not revert to the treasury of the	2295
municipal corporation but shall be retained in the fund.	2296

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

2297

(1) "County-operated municipal court" has the same meaning as	2298
in section 1901.03 of the Revised Code.	2299

(2) "Community control sanction" has the same meaning as in	2300
section 2929.01 of the Revised Code.	2301

Sec. 753.02.  (A) The legislative authority of a municipal	2302
corporation shall provide by ordinance for sustaining all persons	2303
sentenced to or confined in a prison or station house at the	2304
expense of the municipal corporation, and in counties where	2305
prisons or station houses are in quarters leased from the board of	2306
county commissioners, may contract with the board for the care and	2307
maintenance of those persons by the sheriff or other person	2308
charged with the care and maintenance of county prisoners. On the	2309
presentation of bills for food, sustenance, and necessary	2310
supplies, to the proper officer, certified by the person whom the	2311
legislative authority designates, the officer shall audit the	2312
bills under the rules prescribed by the legislative authority, and	2313
draw the officer's order on the treasurer of the municipal	2314
corporation in favor of the person presenting the bill.	2315

(B) Pursuant to section 2929.37 of the Revised Code, the	2316
legislative authority of the municipal corporation may require a	2317
person who was convicted of an offense and who is confined in a	2318
prison or station house as provided in division (A) of this	2319
section, or a person who was convicted of an offense and who is	2320
confined in the county jail as provided in section 1905.35 of the	2321
Revised Code, to reimburse the municipal corporation for its	2322
expenses incurred by reason of the person's confinement.	2323

(C) Notwithstanding any contrary provision in this section	2324
or section 2929.18, 2929.21, 2929.362929.28, or 2929.37 of the	2325
Revised Code, the legislative authority of the municipal	2326
corporation may establish a policy that complies with section	2327
2929.38 of the Revised Code and that requires any person who is	2328
not indigent and who is confined in a prison or station house to	2329
pay a reception fee, a fee for any medical treatment or service	2330
requested by and provided to that person, or the fee for a random	2331
drug test assessed under division (E) of section 753.33 of the	2332
Revised Code.	2333

(D) If a person who has been convicted of or pleaded guilty	2334
to an offense is sentenced to a term of imprisonment in a prison	2335
or station house as described in division (A) of this section, or	2336
if a person who has been arrested for an offense, and who has been	2337
denied bail or has had bail set and has not been released on bail	2338
is confined in a prison or station house as described in division	2339
(A) of this section pending trial, at the time of reception and at	2340
other times the person in charge of the operation of the prison or	2341
station house determines to be appropriate, the person in charge	2342
of the operation of the prison or station house may cause the	2343
convicted or accused offender to be examined and tested for	2344
tuberculosis, HIV infection, hepatitis, including, but not limited	2345
to, hepatitis A, B, and C, and other contagious diseases. The	2346
person in charge of the operation of the prison or station house	2347
may cause a convicted or accused offender in the prison or station	2348
house who refuses to be tested or treated for tuberculosis, HIV	2349
infection, hepatitis, including, but not limited to, hepatitis A,	2350
B, and C, or another contagious disease to be tested and treated	2351
involuntarily.	2352

Sec. 753.04.  (A) When a person over sixteen years of age is	2353
convicted of an offense under the law of this state or an	2354
ordinance of a municipal corporation, and the tribunal before	2355
which the conviction is had is authorized by law to commit the	2356
offender to the county jail or municipal corporation prison, the	2357
court, mayor, or judge of the county court, as the case may be,	2358
may sentence the offender to a workhouse.	2359

When a commitment is made from a municipal corporation or	2360
township in the county, other than in a municipal corporation	2361
having a workhouse, the legislative authority of the municipal	2362
corporation or the board of township trustees shall transmit with	2363
the mittimus a sum of money equal to not less than seventy cents	2364
per day for the time of the commitment, to be placed in the hands	2365
of the superintendent of a workhouse for the care and maintenance	2366
of the prisoner.	2367

(B) Pursuant to section 2929.37 of the Revised Code, the	2368
legislative authority of the municipal corporation or the board of	2369
township trustees may require a person who is convicted of an	2370
offense and who is confined in a workhouse as provided in division	2371
(A) of this section, to reimburse the municipal corporation or the	2372
township, as the case may be, for its expenses incurred by reason	2373
of the person's confinement.	2374

(C) Notwithstanding any contrary provision in this section	2375
or section 2929.18, 2929.21, 2929.362929.28, or 2929.37 of the	2376
Revised Code, the legislative authority of the municipal	2377
corporation or board of township trustees may establish a policy	2378
that complies with section 2929.38 of the Revised Code and that	2379
requires any person who is not indigent and who is confined in the	2380
workhouse under division (A) of this section to pay a reception	2381
fee, a fee for any medical treatment or service requested by and	2382
provided to that person, or the fee for a random drug test	2383
assessed under division (E) of section 753.33 of the Revised Code.	2384

(D) If a person who has been convicted of or pleaded guilty	2385
to an offense is incarcerated in a workhouse or if a person who	2386
has been arrested for an offense, and who has not been denied bail	2387
or has had bail set and has not been released on bail is confined	2388
in a workhouse pending trial, at the time of reception and at	2389
other times the person in charge of the operation of the workhouse	2390
determines to be appropriate, the person in charge of the	2391
operation of the workhouse may cause the convicted or accused	2392
offender to be examined and tested for tuberculosis, HIV	2393
infection, hepatitis, including, but not limited to, hepatitis A,	2394
B, and C, and other contagious diseases. The person in charge of	2395
the operation of the workhouse may cause a convicted or accused	2396
offender in the workhouse who refuses to be tested or treated for	2397
tuberculosis, HIV infection, hepatitis, including, but not limited	2398
to, hepatitis A, B, and C, or another contagious disease to be	2399
tested and treated involuntarily.	2400

Sec. 753.16.  (A) Any city or district having a workhouse	2401
may receive as inmates of the workhouse persons sentenced or	2402
committed to it from counties other than the one in which the	2403
workhouse is situated, upon the terms and during the length of	2404
time agreed upon by the boards of county commissioners of those	2405
counties, or by the legislative authority of a municipal	2406
corporation in those counties and the legislative authority of the	2407
city, or the board of the district workhouse, or other authority	2408
having the management and control of the workhouse. Prisoners so	2409
received shall in all respects be and remain under the control of	2410
that authority, and shall be subject to the rules and discipline	2411
of the workhouse to which the other prisoners detained in the	2412
workhouse are subject.	2413

(B) Prior to the acceptance for housing into a jail or	2414
workhouse of persons who are designated by the department of	2415
rehabilitation and correction, who plead guilty to or are	2416
convicted of a felony of the fourth or fifth degree, and who	2417
satisfy the other requirements listed in section 5120.161 of the	2418
Revised Code, the legislative authority of a municipal corporation	2419
having a jail or workhouse, or the joint board managing and	2420
controlling a workhouse for the joint use of a municipal	2421
corporation and a county shall enter into an agreement with the	2422
department of rehabilitation and correction under section 5120.161	2423
of the Revised Code for the housing in the jail or workhouse of	2424
persons who are designated by the department, who plead guilty to	2425
or are convicted of a felony of the fourth or fifth degree, and	2426
who satisfy the other requirements listed in that section, in	2427
exchange for a per diem fee per person. Persons incarcerated in	2428
the jail or workhouse pursuant to an agreement of that nature	2429
shall be subject to supervision and control in the manner	2430
described in section 5120.161 of the Revised Code. This division	2431
does not affect the authority of a court to directly sentence a	2432
person who is convicted of or pleads guilty to a felony to the	2433
jail or workhouse in accordance with section 2929.16 of the	2434
Revised Code.	2435

(C) Pursuant to section 2929.37 of the Revised Code, the	2436
board of county commissioners, the legislative authority of the	2437
municipal corporation, or the board or other managing authority of	2438
the district workhouse may require a person who was convicted of	2439
an offense and who is confined in the workhouse as provided in	2440
division (A) of this section, to reimburse the county, municipal	2441
corporation, or district, as the case may be, for its expenses	2442
incurred by reason of the person's confinement.	2443

(D) Notwithstanding any contrary provision in this section or	2444
section, 2929.21, 2929.362929.18, 2929.28, or 2929.37 of the	2445
Revised Code, the board of county commissioners, the legislative	2446
authority of a municipal corporation, or the board or other	2447
managing authority of the district workhouse may establish a	2448
policy that complies with section 2929.38 of the Revised Code and	2449
that requires any person who is not indigent and who is confined	2450
in the jail or workhouse under division (A) or (B) of this section	2451
to pay a reception fee, a fee for any medical treatment or	2452
service requested by and provided to that person, or the fee for	2453
a random drug test assessed under division (E) of section 753.33	2454
of the Revised Code.	2455

(E) If a person who has been convicted of or pleaded guilty	2456
to an offense is confined in the workhouse as provided in division	2457
(A) of this section or is incarcerated in the workhouse in the	2458
manner described in division (B) of this section, or if a person	2459
who has been arrested for an offense, and who has been denied bail	2460
or has had bail set and has not been released on bail is confined	2461
in the workhouse pending trial, at the time of reception and at	2462
other times the person in charge of the operation of the workhouse	2463
determines to be appropriate, the person in charge of the	2464
operation of the workhouse may cause the convicted or accused	2465
offender to be examined and tested for tuberculosis, HIV	2466
infection, hepatitis, including but not limited to hepatitis A, B,	2467
and C, and other contagious diseases. The person in charge of the	2468
operation of the workhouse may cause a convicted or accused	2469
offender in the workhouse who refuses to be tested or treated for	2470
tuberculosis, HIV infection, hepatitis, including but not limited	2471
to hepatitis A, B, and C, or another contagious disease to be	2472
tested and treated involuntarily.	2473

Sec. 1501.013.  (A) Subject to division (B) of this section,	2474
the director of natural resources may designate an employee of the	2475
department of natural resources as a natural resources law	2476
enforcement staff officer. Such an officer may do any or all of	2477
the following:	2478

(1) Coordinate the law enforcement activities, training, and	2479
policies of the department;	2480

(2) Serve as the department's liaison with other law	2481
enforcement agencies and jurisdictions and as the director's	2482
representative regarding law enforcement activities;	2483

(3) Conduct internal investigations of employees of the	2484
department as necessary;	2485

(4) Perform other functions related to the department's law	2486
enforcement activities, training, and policies that the director	2487
assigns to the officer.	2488

A natural resources law enforcement staff officer, on any	2489
lands or waters owned, controlled, maintained, or administered by	2490
the department, has the authority specified under section 2935.03	2491
of the Revised Code for peace officers of the department of	2492
natural resources to keep the peace, to enforce all laws and rules	2493
governing those lands and waters, and to make arrests for	2494
violation of those laws and rules.	2495

The governor, upon the recommendation of the director, shall	2496
issue to a natural resources law enforcement staff officer a	2497
commission indicating authority to make arrests as provided in	2498
division (A) of this section.	2499

The director shall furnish a suitable badge to a commissioned	2500
natural resources law enforcement staff officer as evidence of	2501
that officer's authority.	2502

(B)(1) As used in division (B) of this section, "felony" has	2503
the same meaning as in section 109.511 of the Revised Code.	2504

(2) The director shall not designate a person as a natural	2505
resources law enforcement staff officer under division (A) of this	2506
section on a permanent basis, on a temporary basis, for a	2507
probationary term, or on other than a permanent basis if the	2508
person previously has been convicted of or has pleaded guilty to a	2509
felony.	2510

(3) The director shall terminate the employment as a natural	2511
resources law enforcement staff officer of a person designated as	2512
such an officer if that person does either of the following:	2513

(a) Pleads guilty to a felony;

2514

(b) Pleads guilty to a misdemeanor pursuant to a negotiated	2515
plea agreement as provided in division (D) of section 2929.29	2516
2929.43 of the Revised Code in which the natural resources law	2517
enforcement staff officer agrees to surrender the certificate	2518
awarded to that officer under section 109.77 of the Revised Code.	2519

(4) The director shall suspend from employment as a natural	2520
resources law enforcement staff officer a person designated as	2521
such an officer if that person is convicted, after trial, of a	2522
felony. If the natural resources law enforcement staff officer	2523
files an appeal from that conviction and the conviction is upheld	2524
by the highest court to which the appeal is taken, or if the	2525
officer does not file a timely appeal, the director shall	2526
terminate the employment of the natural resources law enforcement	2527
staff officer. If the natural resources law enforcement staff	2528
officer files an appeal that results in the officer's acquittal of	2529
the felony or conviction of a misdemeanor, or in the dismissal of	2530
the felony charge against the officer, the director shall	2531
reinstate the natural resources law enforcement staff officer. A	2532
natural resources law enforcement staff officer who is reinstated	2533
under division (B)(4) of this section shall not receive any back	2534
pay unless the officer's conviction of the felony was reversed on	2535
appeal, or the felony charge was dismissed, because the court	2536
found insufficient evidence to convict the officer of the felony.	2537

(5) Division (B) of this section does not apply regarding an	2538
offense that was committed prior to January 1, 1999.	2539

(6) The suspension from employment, or the termination of	2540
the employment, of a natural resources law enforcement staff	2541
officer under division (B)(3) or (4) of this section shall be in	2542
accordance with Chapter 119. of the Revised Code.	2543

Sec. 1503.29.  (A) As used in this section, "felony" has the	2544
same meaning as in section 109.511 of the Revised Code.	2545

(B)(1) Subject to division (D) of this section, any person	2546
employed by the chief of the division of forestry for	2547
administrative service in a state forest may be designated by the	2548
chief and known as a forest officer. A forest officer, on any	2549
lands or waters owned, controlled, maintained, or administered by	2550
the department of natural resources and on highways, as defined in	2551
section 4511.01 of the Revised Code, adjacent to lands and waters	2552
owned, controlled, maintained, or administered by the division of	2553
forestry, has the authority specified under section 2935.03 of the	2554
Revised Code for peace officers of the department of natural	2555
resources to keep the peace, to enforce all laws and rules	2556
governing those lands and waters, and to make arrests for	2557
violation of those laws and rules, provided that the authority	2558
shall be exercised on lands or waters administered by another	2559
division of the department only pursuant to an agreement with the	2560
chief of that division or to a request for assistance by an	2561
enforcement officer of that division in an emergency.	2562

(2) A forest officer, in or along any watercourse within,	2563
abutting, or upstream from the boundary of any area administered	2564
by the department, has the authority to enforce section 3767.32 of	2565
the Revised Code and other laws prohibiting the dumping of refuse	2566
into or along waters and to make arrests for violation of those	2567
laws. The jurisdiction of forest officers shall be concurrent	2568
with that of the peace officers of the county, township, or	2569
municipal corporation in which the violation occurs.	2570

(3) A forest officer may enter upon private and public lands	2571
to investigate an alleged violation of, and may enforce, this	2572
chapter and sections 2909.02, 2909.03, and 2909.06 of the Revised	2573
Code when the alleged violation or other act pertains to forest	2574
fires.	2575

(C)(1) A forest officer may render assistance to a state or	2576
local law enforcement officer at the request of that officer or	2577
may render assistance to a state or local law enforcement officer	2578
in the event of an emergency. Forest officers serving outside the	2579
division of forestry under this section or serving under the terms	2580
of a mutual aid compact authorized under section 1501.02 of the	2581
Revised Code shall be considered as performing services within	2582
their regular employment for the purposes of compensation, pension	2583
or indemnity fund rights, workers' compensation, and other rights	2584
or benefits to which they may be entitled as incidents of their	2585
regular employment.	2586

(2) Forest officers serving outside the division of forestry	2587
under this section or under a mutual aid compact retain personal	2588
immunity from civil liability as specified in section 9.86 of the	2589
Revised Code and shall not be considered an employee of a	2590
political subdivision for purposes of Chapter 2744. of the Revised	2591
Code. A political subdivision that uses forest officers under	2592
this section or under the terms of a mutual aid compact authorized	2593
under section 1501.02 of the Revised Code is not subject to civil	2594
liability under Chapter 2744. of the Revised Code as the result of	2595
any action or omission of any forest officer acting under this	2596
section or under a mutual aid compact.	2597

(D)(1) The chief of the division of forestry shall not	2598
designate a person as a forest officer pursuant to division (B)(1)	2599
of this section on a permanent basis, on a temporary basis, for a	2600
probationary term, or on other than a permanent basis if the	2601
person previously has been convicted of or has pleaded guilty to a	2602
felony.	2603

(2)(a) The chief of the division of forestry shall terminate	2604
the employment as a forest officer of a person designated as a	2605
forest officer under division (B)(1) of this section if that	2606
person does either of the following:	2607

(i) Pleads guilty to a felony;

2608

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2609
plea agreement as provided in division (D) of section 2929.29	2610
2929.43 of the Revised Code in which the forest officer agrees to	2611
surrender the certificate awarded to the forest officer under	2612
section 109.77 of the Revised Code.	2613

(b) The chief shall suspend from employment as a forest	2614
officer a person designated as a forest officer under division	2615
(B)(1) of this section if that person is convicted, after trial,	2616
of a felony. If the forest officer files an appeal from that	2617
conviction and the conviction is upheld by the highest court to	2618
which the appeal is taken or if the forest officer does not file a	2619
timely appeal, the chief shall terminate the employment of that	2620
forest officer. If the forest officer files an appeal that	2621
results in that forest officer's acquittal of the felony or	2622
conviction of a misdemeanor, or in the dismissal of the felony	2623
charge against the forest officer, the chief shall reinstate that	2624
forest officer. A forest officer who is reinstated under division	2625
(D)(2)(b) of this section shall not receive any back pay unless	2626
that forest officer's conviction of the felony was reversed on	2627
appeal, or the felony charge was dismissed, because the court	2628
found insufficient evidence to convict the forest officer of the	2629
felony.	2630

(3) Division (D) of this section does not apply regarding an	2631
offense that was committed prior to January 1, 1997.	2632

(4) The suspension from employment, or the termination of	2633
the employment, of a forest officer under division (D)(2) of this	2634
section shall be in accordance with Chapter 119. of the Revised	2635
Code.	2636

Sec. 1517.10.  (A) As used in this section, "felony" has the	2637
same meaning as in section 109.511 of the Revised Code.	2638

(B)(1) Any person selected by the chief of the division of	2639
natural areas and preserves for custodial or patrol service on the	2640
lands and waters operated or administered by the division shall be	2641
employed in conformity with the law applicable to the classified	2642
civil service of the state. Subject to division (C) of this	2643
section, the chief may designate that person as a preserve	2644
officer. A preserve officer, in any nature preserve, in any	2645
natural area owned or managed through easement, license, or lease	2646
by the department of natural resources and administered by the	2647
division, and on lands owned or managed through easement, license,	2648
or lease by the department and administered by the division that	2649
are within or adjacent to any wild, scenic, or recreational river	2650
area established under this chapter and along any trail	2651
established under Chapter 1519. of the Revised Code, has the	2652
authority specified under section 2935.03 of the Revised Code for	2653
peace officers of the department of natural resources to keep the	2654
peace, to enforce all laws and rules governing those lands and	2655
waters, and to make arrests for violation of those laws and rules,	2656
provided that the authority shall be exercised on lands or waters	2657
administered by another division of the department only pursuant	2658
to an agreement with the chief of that division or to a request	2659
for assistance by an enforcement officer of that division in an	2660
emergency. A preserve officer, in or along any watercourse	2661
within, abutting, or upstream from the boundary of any area	2662
administered by the department, has the authority to enforce	2663
section 3767.32 of the Revised Code and any other laws prohibiting	2664
the dumping of refuse into or along waters and to make arrests for	2665
violation of those laws. The jurisdiction of a preserve officer	2666
shall be concurrent with that of the peace officers of the county,	2667
township, or municipal corporation in which the violation occurs.	2668

The governor, upon the recommendation of the chief, shall	2669
issue to each preserve officer a commission indicating authority	2670
to make arrests as provided in this section.	2671

The chief shall furnish a suitable badge to each commissioned	2672
preserve officer as evidence of the preserve officer's authority.	2673

(2) If any person employed under this section is designated	2674
by the chief to act as an agent of the state in the collection of	2675
money resulting from the sale of licenses, fees of any nature, or	2676
other money belonging to the state, the chief shall require a	2677
surety bond from the person in an amount not less than one	2678
thousand dollars.	2679

(C)(1) The chief of the division of natural areas and	2680
preserves shall not designate a person as a preserve officer	2681
pursuant to division (B)(1) of this section on a permanent basis,	2682
on a temporary basis, for a probationary term, or on other than a	2683
permanent basis if the person previously has been convicted of or	2684
has pleaded guilty to a felony.	2685

(2)(a) The chief of the division of natural areas and	2686
preserves shall terminate the employment as a preserve officer of	2687
a person designated as a preserve officer under division (B)(1) of	2688
this section if that person does either of the following:	2689

(i) Pleads guilty to a felony;

2690

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2691
plea agreement as provided in division (D) of section 2929.29	2692
2929.43 of the Revised Code in which the preserve officer agrees	2693
to surrender the certificate awarded to the preserve officer under	2694
section 109.77 of the Revised Code.	2695

(b) The chief shall suspend from employment as a preserve	2696
officer a person designated as a preserve officer under division	2697
(B)(1) of this section if that person is convicted, after trial,	2698
of a felony. If the preserve officer files an appeal from that	2699
conviction and the conviction is upheld by the highest court to	2700
which the appeal is taken or if the preserve officer does not file	2701
a timely appeal, the chief shall terminate the employment of that	2702
preserve officer. If the preserve officer files an appeal that	2703
results in the preserve officer's acquittal of the felony or	2704
conviction of a misdemeanor, or in the dismissal of the felony	2705
charge against the preserve officer, the chief shall reinstate	2706
that preserve officer. A preserve officer who is reinstated under	2707
division (C)(2)(b) of this section shall not receive any back pay	2708
unless that preserve officer's conviction of the felony was	2709
reversed on appeal, or the felony charge was dismissed, because	2710
the court found insufficient evidence to convict the preserve	2711
officer of the felony.	2712

(3) Division (C) of this section does not apply regarding an	2713
offense that was committed prior to January 1, 1997.	2714

(4) The suspension from employment, or the termination of	2715
the employment, of a preserve officer under division (C)(2) of	2716
this section shall be in accordance with Chapter 119. of the	2717
Revised Code.	2718

Sec. 1531.132.  (A) As used in this section, "felony" has	2719
the same meaning as in section 109.511 of the Revised Code.	2720

(B)(1) The chief of the division of wildlife shall not	2721
designate a person as a game protector on a permanent basis, on a	2722
temporary basis, for a probationary term, or on other than a	2723
permanent basis if the person previously has been convicted of or	2724
has pleaded guilty to a felony.	2725

(2)(a) The chief of the division of wildlife shall terminate	2726
the employment of a person as a game protector if that person does	2727
either of the following:	2728

(i) Pleads guilty to a felony;

2729

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2730
plea agreement as provided in division (D) of section 2929.29	2731
2929.43 of the Revised Code in which the game protector agrees to	2732
surrender the certificate awarded to the game protector under	2733
section 109.77 of the Revised Code.	2734

(b) The chief shall suspend from employment as a game	2735
protector a person designated as a game protector if that person	2736
is convicted, after trial, of a felony. If the game protector	2737
files an appeal from that conviction and the conviction is upheld	2738
by the highest court to which the appeal is taken or if the game	2739
protector does not file a timely appeal, the chief shall terminate	2740
the employment of that game protector. If the game protector	2741
files an appeal that results in the game protector's acquittal of	2742
the felony or conviction of a misdemeanor, or in the dismissal of	2743
the felony charge against the game protector, the chief shall	2744
reinstate that game protector. A game protector who is reinstated	2745
under division (B)(2)(b) of this section shall not receive any	2746
back pay unless that game protector's conviction of the felony was	2747
reversed on appeal, or the felony charge was dismissed, because	2748
the court found insufficient evidence to convict the game	2749
protector of the felony.	2750

(3) Division (B) of this section does not apply regarding an	2751
offense that was committed prior to January 1, 1997.	2752

(4) The suspension from employment, or the termination of	2753
the employment, of a game protector under division (B)(2) of this	2754
section shall be in accordance with Chapter 119. of the Revised	2755
Code.	2756

Sec. 1541.11.  (A) As used in this section, "felony" has the	2757
same meaning as in section 109.511 of the Revised Code.	2758

(B)(1) The chief of the division of parks and recreation	2759
shall not designate a person as a park officer under section	2760
1541.10 of the Revised Code on a permanent basis, on a temporary	2761
basis, for a probationary term, or on other than a permanent basis	2762
if the person previously has been convicted of or has pleaded	2763
guilty to a felony.	2764

(2)(a) The chief of the division of parks and recreation	2765
shall terminate the employment as a park officer of a person	2766
designated as a park officer under section 1541.10 of the Revised	2767
Code if that person does either of the following:	2768

(i) Pleads guilty to a felony;

2769

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2770
plea agreement as provided in division (D) of section 2929.29	2771
2929.43 of the Revised Code in which the park officer agrees to	2772
surrender the certificate awarded to the park officer under	2773
section 109.77 of the Revised Code.	2774

(b) The chief shall suspend from employment as a park	2775
officer a person designated as a park officer if that person is	2776
convicted, after trial, of a felony. If the park officer files an	2777
appeal from that conviction and the conviction is upheld by the	2778
highest court to which the appeal is taken or if the park officer	2779
does not file a timely appeal, the chief shall terminate the	2780
employment of that park officer. If the park officer files an	2781
appeal that results in the park officer's acquittal of the felony	2782
or conviction of a misdemeanor, or in the dismissal of the felony	2783
charge against the park officer, the chief shall reinstate that	2784
park officer. A park officer who is reinstated under division	2785
(B)(2)(b) of this section shall not receive any back pay unless	2786
that park officer's conviction of the felony was reversed on	2787
appeal, or the felony charge was dismissed, because the court	2788
found insufficient evidence to convict the park officer of the	2789
felony.	2790

(3) Division (B) of this section does not apply regarding an	2791
offense that was committed prior to January 1, 1997.	2792

(4) The suspension from employment, or the termination of	2793
the employment, of a park officer under division (B)(2) of this	2794
section shall be in in accordance with Chapter 119. of the Revised	2795
Code.	2796

Sec. 1545.13.  (A) As used in this section, "felony" has the	2797
same meaning as in section 109.511 of the Revised Code.	2798

(B) The employees that the board of park commissioners	2799
designates for that purpose may exercise all the powers of police	2800
officers within and adjacent to the lands under the jurisdiction	2801
and control of the board or when acting as authorized by section	2802
1545.131 or 1545.132 of the Revised Code. Before exercising the	2803
powers of police officers, the designated employees shall comply	2804
with the certification requirement established in section 109.77	2805
of the Revised Code, take an oath, and give a bond to the state in	2806
the sum that the board prescribes, for the proper performance of	2807
their duties in that respect. This division is subject to division	2808
(C) of this section.	2809

(C)(1) The board of park commissioners shall not designate	2810
an employee as provided in division (B) of this section on a	2811
permanent basis, on a temporary basis, for a probationary term, or	2812
on other than a permanent basis if the employee previously has	2813
been convicted of or has pleaded guilty to a felony.	2814

(2)(a) The board of park commissioners shall terminate the	2815
employment of an employee designated as provided in division (B)	2816
of this section if the employee does either of the following:	2817

(i) Pleads guilty to a felony;

2818

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2819
plea agreement as provided in division (D) of section 2929.29	2820
2929.43 of the Revised Code in which the employee agrees to	2821
surrender the certificate awarded to the employee under section	2822
109.77 of the Revised Code.	2823

(b) The board shall suspend from employment an employee	2824
designated as provided in division (B) of this section if the	2825
employee is convicted, after trial, of a felony. If the employee	2826
files an appeal from that conviction and the conviction is upheld	2827
by the highest court to which the appeal is taken or if the	2828
employee does not file a timely appeal, the board shall terminate	2829
the employment of that employee. If the employee files an appeal	2830
that results in the employee's acquittal of the felony or	2831
conviction of a misdemeanor, or in the dismissal of the felony	2832
charge against the employee, the board shall reinstate that	2833
employee. An employee who is reinstated under division (C)(2)(b)	2834
of this section shall not receive any back pay unless that	2835
employee's conviction of the felony was reversed on appeal, or the	2836
felony charge was dismissed, because the court found insufficient	2837
evidence to convict the employee of the felony.	2838

(3) Division (C) of this section does not apply regarding an	2839
offense that was committed prior to January 1, 1995.	2840

(4) The suspension from employment, or the termination of	2841
the employment, of an employee under division (C)(2) of this	2842
section shall be in accordance with Chapter 119. of the Revised	2843
Code.	2844

Sec. 1547.523.  (A) As used in this section, "felony" has	2845
the same meaning as in section 109.511 of the Revised Code.	2846

(B)(1) The chief of the division of watercraft shall not	2847
appoint a person as a state watercraft officer on a permanent	2848
basis, on a temporary basis, for a probationary term, or on other	2849
than a permanent basis if the person previously has been convicted	2850
of or has pleaded guilty to a felony.	2851

(2)(a) The chief of the division of watercraft shall	2852
terminate the employment of a state watercraft officer who does	2853
either of the following:	2854

(i) Pleads guilty to a felony;

2855

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	2856
plea agreement as provided in division (D) of section 2929.29	2857
2929.43 of the Revised Code in which the state watercraft officer	2858
agrees to surrender the certificate awarded to that officer under	2859
section 109.77 of the Revised Code.	2860

(b) The chief shall suspend from employment a state	2861
watercraft officer who is convicted, after trial, of a felony. If	2862
the state watercraft officer files an appeal from that conviction	2863
and the conviction is upheld by the highest court to which the	2864
appeal is taken or if the state watercraft officer does not file a	2865
timely appeal, the chief shall terminate the employment of that	2866
state watercraft officer. If the state watercraft officer files	2867
an appeal that results in the state watercraft officer's acquittal	2868
of the felony or conviction of a misdemeanor, or in the dismissal	2869
of the felony charge against the state watercraft officer, the	2870
chief shall reinstate that state watercraft officer. A state	2871
watercraft officer who is reinstated under division (B)(2)(b) of	2872
this section shall not receive any back pay unless that state	2873
watercraft officer's conviction of the felony was reversed on	2874
appeal, or the felony charge was dismissed, because the court	2875
found insufficient evidence to convict the state watercraft	2876
officer of the felony.	2877

(3) Division (B) of this section does not apply regarding an	2878
offense that was committed prior to January 1, 1997.	2879

(4) The suspension from employment, or the termination of	2880
the employment, of a state watercraft officer under division	2881
(B)(2) of this section shall be in accordance with Chapter 119. of	2882
the Revised Code.	2883

Sec. 1547.99.  (A) Whoever violates section 1547.91 of the	2884
Revised Code is guilty of a felony of the fourth degree.	2885

(B) Whoever violates section 1547.10, division (I) of	2886
section 1547.111, section 1547.13, or section 1547.66 of the	2887
Revised Code is guilty of a misdemeanor of the first degree.	2888

(C) Whoever violates a provision of this chapter or a rule	2889
adopted thereunder, for which no penalty is otherwise provided, is	2890
guilty of a minor misdemeanor.	2891

(D) Whoever violates section 1547.07 or 1547.12 of the	2892
Revised Code without causing injury to persons or damage to	2893
property is guilty of a misdemeanor of the fourth degree.	2894

(E) Whoever violates section 1547.07 or 1547.12 of the	2895
Revised Code causing injury to persons or damage to property is	2896
guilty of a misdemeanor of the third degree.	2897

(F) Whoever violates division (M) of section 1547.54,	2898
division (G) of section 1547.30, or section 1547.131, 1547.25,	2899
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92	2900
of the Revised Code or a rule adopted under division (A)(2) of	2901
section 1547.52 of the Revised Code is guilty of a misdemeanor of	2902
the fourth degree.	2903

(G) Whoever violates section 1547.11 of the Revised Code is	2904
guilty of a misdemeanor of the first degree and shall be punished	2905
as provided in division (G)(1), (2), or (3) of this section.	2906

(1) Except as otherwise provided in division (G)(2) or (3)	2907
of this section, the court shall sentence the offender to a jail	2908
term of imprisonment of three consecutive days and may sentence	2909
the offender pursuant to section 2929.212929.24 of the Revised	2910
Code to a longer jail term of imprisonment. In addition, the	2911
court shall impose upon the offender a fine of not less than one	2912
hundred fifty nor more than one thousand dollars.	2913

The court may suspend the execution of the mandatory jail	2914
term of three consecutive days of imprisonment that it is required	2915
to impose by division (G)(1) of this section if the court, in lieu	2916
of the suspended jail term of imprisonment, places the offender on	2917
probationunder a community control sanction pursuant to section	2918
2929.25 of the Revised Code and requires the offender to attend,	2919
for three consecutive days, a drivers' intervention program that	2920
is certified pursuant to section 3793.10 of the Revised Code. The	2921
court also may suspend the execution of any part of the mandatory	2922
jail term of three consecutive days of imprisonment that it is	2923
required to impose by division (G)(1) of this section if the court	2924
places the offender on probationunder a community control	2925
sanction pursuant to section 2929.25 of the Revised Code for part	2926
of the three consecutive days; requires the offender to attend,	2927
for that part of the three consecutive days, a drivers'	2928
intervention program that is certified pursuant to section 3793.10	2929
of the Revised Code; and sentences the offender to a jail term of	2930
imprisonment equal to the remainder of the three consecutive days	2931
that the offender does not spend attending the drivers'	2932
intervention program. The court may require the offender, as a	2933
condition of probationcommunity control, to attend and	2934
satisfactorily complete any treatment or education programs, in	2935
addition to the required attendance at a drivers' intervention	2936
program, that the operators of the drivers' intervention program	2937
determine that the offender should attend and to report	2938
periodically to the court on the offender's progress in the	2939
programs. The court also may impose any other conditions of	2940
probationcommunity control on the offender that it considers	2941
necessary.	2942

(2) If, within six years of the offense, the offender has	2943
been convicted of or pleaded guilty to one violation of section	2944
1547.11 of the Revised Code, of a municipal ordinance relating to	2945
operating a watercraft or manipulating any water skis, aquaplane,	2946
or similar device while under the influence of alcohol, a drug of	2947
abuse, or a combination of them, of a municipal ordinance	2948
relating to operating a watercraft or manipulating any water skis,	2949
aquaplane, or similar device with a prohibited concentration of	2950
alcohol in the whole blood, blood serum or plasma, breath, or	2951
urine, of division (A)(1) of section 2903.06 of the Revised Code,	2952
or of division (A)(2), (3), or (4) of section 2903.06 of the	2953
Revised Code or section 2903.06 or 2903.07 of the Revised Code as	2954
they existed prior to March 23, 2000, in a case in which the jury	2955
or judge found that the offender was under the influence of	2956
alcohol, a drug of abuse, or a combination of them, the court	2957
shall sentence the offender to a jail term of imprisonment of ten	2958
consecutive days and may sentence the offender pursuant to section	2959
2929.212929.24 of the Revised Code to a longer jail term of	2960
imprisonment. In addition, the court shall impose upon the	2961
offender a fine of not less than one hundred fifty nor more than	2962
one thousand dollars.	2963

In addition to any other sentence that it imposes upon the	2964
offender, the court may require the offender to attend a drivers'	2965
intervention program that is certified pursuant to section 3793.10	2966
of the Revised Code.	2967

(3) If, within six years of the offense, the offender has	2968
been convicted of or pleaded guilty to more than one violation	2969
identified in division (G)(2) of this section, the court shall	2970
sentence the offender to a jail term of imprisonment of thirty	2971
consecutive days and may sentence the offender to a longer jail	2972
term of imprisonment of not more than one year. In addition, the	2973
court shall impose upon the offender a fine of not less than one	2974
hundred fifty nor more than one thousand dollars.	2975

In addition to any other sentence that it imposes upon the	2976
offender, the court may require the offender to attend a drivers'	2977
intervention program that is certified pursuant to section 3793.10	2978
of the Revised Code.	2979

(4) Upon a showing that imprisonmentserving a jail term	2980
would seriously affect the ability of an offender sentenced	2981
pursuant to division (G)(1), (2), or (3) of this section to	2982
continue the offender's employment, the court may authorize that	2983
the offender be granted work release from imprisonment after the	2984
offender has served the mandatory jail term of three, ten, or	2985
thirty consecutive days of imprisonment that the court is required	2986
by division (G)(1), (2), or (3) of this section to impose. No	2987
court shall authorize work release from imprisonment during the	2988
mandatory jail term of three, ten, or thirty consecutive days of	2989
imprisonment that the court is required by division (G)(1), (2),	2990
or (3) of this section to impose. The duration of the work	2991
release shall not exceed the time necessary each day for the	2992
offender to commute to and from the place of employment and the	2993
place of imprisonmentin which the jail term is served and the	2994
time actually spent under employment.	2995

(5) Notwithstanding any section of the Revised Code that	2996
authorizes the suspension of the imposition or execution of a	2997
sentence or the placement of an offender in any treatment program	2998
in lieu of imprisonmentbeing imprisoned or serving a jail term,	2999
no court shall suspend the mandatory jail term of ten or thirty	3000
consecutive days of imprisonment required to be imposed by	3001
division (G)(2) or (3) of this section or place an offender who is	3002
sentenced pursuant to division (G)(2) or (3) of this section in	3003
any treatment program in lieu of imprisonmentbeing imprisoned or	3004
serving a jail term until after the offender has served the	3005
mandatory jail term of ten or thirty consecutive days of	3006
imprisonment required to be imposed pursuant to division (G)(2) or	3007
(3) of this section. Notwithstanding any section of the Revised	3008
Code that authorizes the suspension of the imposition or execution	3009
of a sentence or the placement of an offender in any treatment	3010
program in lieu of imprisonmentbeing imprisoned or serving a jail	3011
term, no court, except as specifically authorized by division	3012
(G)(1) of this section, shall suspend the mandatory jail term of	3013
three consecutive days of imprisonment required to be imposed by	3014
division (G)(1) of this section or place an offender who is	3015
sentenced pursuant to division (G)(1) of this section in any	3016
treatment program in lieu of imprisonment until after the offender	3017
has served the mandatory jail term of three consecutive days of	3018
imprisonment required to be imposed pursuant to division (G)(1) of	3019
this section.	3020

(6) As used in division (G) of this section, "jail term" and	3021
"mandatory jail term" have the same meanings as in section 2929.01	3022
of the Revised Code.	3023

(H) Whoever violates section 1547.304 of the Revised Code is	3024
guilty of a misdemeanor of the fourth degree and also shall be	3025
assessed any costs incurred by the state or a county, township,	3026
municipal corporation, or other political subdivision in disposing	3027
of an abandoned junk vessel or outboard motor, less any money	3028
accruing to the state, county, township, municipal corporation, or	3029
other political subdivision from that disposal.	3030

(I) Whoever violates division (B) or (C) of section 1547.49	3031
of the Revised Code is guilty of a minor misdemeanor.	3032

(J) Whoever violates section 1547.31 of the Revised Code is	3033
guilty of a misdemeanor of the fourth degree on a first offense.	3034
On each subsequent offense, the person is guilty of a misdemeanor	3035
of the third degree.	3036

(K) Whoever violates section 1547.05 or 1547.051 of the	3037
Revised Code is guilty of a misdemeanor of the fourth degree if	3038
the violation is not related to a collision, injury to a person,	3039
or damage to property and a misdemeanor of the third degree if the	3040
violation is related to a collision, injury to a person, or damage	3041
to property.	3042

(L) The sentencing court, in addition to the penalty	3043
provided under this section for a violation of this chapter or a	3044
rule adopted under it that involves a powercraft powered by more	3045
than ten horsepower and that, in the opinion of the court,	3046
involves a threat to the safety of persons or property, shall	3047
order the offender to complete successfully a boating course	3048
approved by the national association of state boating law	3049
administrators before the offender is allowed to operate a	3050
powercraft powered by more than ten horsepower on the waters in	3051
this state. Violation of a court order entered under this	3052
division is punishable as contempt under Chapter 2705. of the	3053
Revised Code.	3054

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

3055

(1) "Qualified nonprofit corporation" means a nonprofit	3056
corporation that is established under this chapter and to which	3057
all of the following apply:	3058

(a) The nonprofit corporation is a tax-exempt charitable	3059
organization;	3060

(b) The nonprofit corporation has other organizations as	3061
members, and at least twenty of its members are tax-exempt	3062
charitable organizations;	3063

(c) The nonprofit corporation, together with its members	3064
that are organizations, owns, leases, occupies, or uses an area of	3065
not less than three hundred acres within which its police	3066
department established under division (B) of this section will	3067
provide police services;	3068

(d) The chief of police of each municipal corporation within	3069
which the police department of the nonprofit corporation will be	3070
eligible to provide police services has given approval for persons	3071
who are appointed as police officers of that department to carry	3072
out their powers and duties as police officers.	3073

(2) "Authorizing agreement" means the written agreement	3074
entered into between a qualified nonprofit corporation and a	3075
municipal corporation pursuant to division (B) of this section for	3076
the provision of police services within the municipal corporation	3077
by the police department of the nonprofit corporation established	3078
under division (B) of this section.	3079

(3) "Tax exempt" means that a corporation or organization is	3080
exempt from federal income taxation under subsection 501(a) and is	3081
described in subsection 501(c)(3) of the Internal Revenue Code,	3082
and that the corporation or organization has received from the	3083
internal revenue service a determination letter that currently is	3084
in effect stating that the corporation or organization is exempt	3085
from federal income taxation under that subsection and is	3086
described in that subsection.	3087

(4) "Internal Revenue Code" means the "Internal Revenue Code	3088
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	3089

(5) "Felony" has the same meaning as in section 109.511 of	3090
the Revised Code.	3091

(B) A qualified nonprofit corporation may establish a police	3092
department to provide police services, subject to the requirements	3093
and limitations set forth in this division and divisions (C) and	3094
(D) of this section, within one or more municipal corporations.	3095
Subject to division (E) of this section, the board of trustees of	3096
a qualified nonprofit corporation that establishes a police	3097
department may appoint persons as police officers of the	3098
department, and the corporation may employ the persons so	3099
appointed as police officers.	3100

A person so appointed and employed as a police officer is	3101
authorized to act as a police officer only to the extent and in	3102
the manner described in this section and only when directly	3103
engaged in the discharge of that person's duties as a police	3104
officer for the qualified nonprofit corporation. No person so	3105
appointed and employed as a police officer shall engage in any	3106
duties or activities as a police officer for a police department	3107
established by a qualified nonprofit corporation unless both of	3108
the following apply:	3109

(1) The person successfully has completed a training program	3110
approved by the Ohio peace officer training commission and has	3111
been certified by the commission as having successfully completed	3112
the training program, or the person previously has successfully	3113
completed a police officer basic training program certified by the	3114
commission and has been awarded a certificate to that effect by	3115
the commission.	3116

(2) The qualified nonprofit corporation has entered into a	3117
written authorizing agreement, as described in division (C) of	3118
this section, with the chief of police of each municipal	3119
corporation within which the police department of the qualified	3120
nonprofit corporation will provide police services.	3121

(C) An authorizing agreement entered into between a	3122
qualified nonprofit corporation and a chief of police of a	3123
municipal corporation shall apply only to the agreeing municipal	3124
corporation, and a separate authorizing agreement shall be entered	3125
into for each municipal corporation within which the police	3126
department of the qualified nonprofit corporation will provide	3127
police services. An authorizing agreement shall not require, or	3128
contain any provision granting authority to, the chief of police	3129
or any other officer, official, or employee of the municipal	3130
corporation that enters into the agreement, to appoint or to	3131
approve or disapprove the appointment of any police officer	3132
appointed and employed by the qualified nonprofit corporation	3133
police department under division (B) of this section. An	3134
authorizing agreement shall comply with any statutes and with any	3135
municipal charter provisions, ordinances, or resolutions that may	3136
apply to it. An authorizing agreement may prescribe, but is not	3137
limited to, any of the following:	3138

(1) The geographical territory within the municipal	3139
corporation in which the police department established by the	3140
qualified nonprofit corporation under division (B) of this section	3141
may provide police services;	3142

(2) The standards and criteria to govern the interaction	3143
between the police officers employed by the police department	3144
established by the qualified nonprofit corporation under division	3145
(B) of this section and the law enforcement officers employed by	3146
the municipal corporation, which standards and criteria may	3147
include, but are not limited to, either of the following:	3148

(a) Provisions governing the reporting of offenses	3149
discovered by the police officers employed by the qualified	3150
nonprofit corporation police department to the police department	3151
of the municipal corporation;	3152

(b) Provisions governing the processing and confinement of	3153
persons arrested by police officers of the qualified nonprofit	3154
corporation police department.	3155

(3) Any limitation on the qualified nonprofit corporation	3156
police department's enforcement of municipal traffic ordinances	3157
and regulations;	3158

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

3159

(D) If a qualified nonprofit corporation establishes a	3160
police department under this section, the qualified nonprofit	3161
corporation, within the geographical territory specified for each	3162
municipal corporation that has entered into an authorizing	3163
agreement with it, concurrently with the municipal corporation,	3164
shall preserve the peace, protect persons and property, enforce	3165
the laws of the state, and enforce the charter provisions,	3166
ordinances, and regulations of the political subdivisions of the	3167
state that apply within that territory. Except as limited by the	3168
terms of any applicable authorizing agreement, each police officer	3169
who is employed by a police department established by a qualified	3170
nonprofit corporation and who satisfies the requirement set forth	3171
in division (B)(1) of this section is vested, while directly in	3172
the discharge of that police officer's duties as a police officer,	3173
with the same powers and authority as are vested in a police	3174
officer of a municipal corporation under Title XXIX of the Revised	3175
Code and the Rules of Criminal Procedure, and with the same powers	3176
and authority, including the operation of a public safety vehicle,	3177
as are vested in a police officer of a municipal corporation under	3178
Chapter 4511. of the Revised Code.	3179

(E)(1) The board of trustees of a qualified nonprofit	3180
corporation that establishes a police department shall not appoint	3181
a person as a police officer of the department pursuant to	3182
division (B) of this section on a permanent basis, on a temporary	3183
basis, for a probationary term, or on other than a permanent basis	3184
if the person previously has been convicted of or has pleaded	3185
guilty to a felony.	3186

(2)(a) The board of trustees of a qualified nonprofit	3187
corporation shall terminate the employment of a police officer of	3188
its police department appointed under division (B) of this section	3189
if the police officer does either of the following:	3190

(i) Pleads guilty to a felony;

3191

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	3192
plea agreement as provided in division (D) of section 2929.29	3193
2929.43 of the Revised Code in which the police officer agrees to	3194
surrender the certificate awarded to the police officer under	3195
section 109.77 of the Revised Code.	3196

(b) The board of trustees of a qualified nonprofit	3197
corporation shall suspend from employment a police officer of its	3198
police department appointed under division (B) of this section if	3199
the police officer is convicted, after trial, of a felony. If the	3200
police officer files an appeal from that conviction and the	3201
conviction is upheld by the highest court to which the appeal is	3202
taken or if the police officer does not file a timely appeal, the	3203
board shall terminate the employment of that police officer. If	3204
the police officer files an appeal that results in the police	3205
officer's acquittal of the felony or conviction of a misdemeanor,	3206
or in the dismissal of the felony charge against the police	3207
officer, the board shall reinstate that police officer. A police	3208
officer who is reinstated under division (E)(2)(b) of this section	3209
shall not receive any back pay unless that police officer's	3210
conviction of the felony was reversed on appeal, or the felony	3211
charge was dismissed, because the court found insufficient	3212
evidence to convict the police officer of the felony.	3213

(3) Division (E) of this section does not apply regarding an	3214
offense that was committed prior to January 1, 1997.	3215

(4) The suspension from employment, or the termination of	3216
the employment, of a police officer under division (E)(2) of this	3217
section shall be in accordance with Chapter 119. of the Revised	3218
Code.	3219

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

3220

(1) "Political subdivision" means a county, municipal	3221
corporation, or township.	3222

(2) "Private college or university" means a college or	3223
university that has all of the following characteristics:	3224

(a) It is not owned or controlled by the state or any	3225
political subdivision of the state.	3226

(b) It provides a program of education in residence leading	3227
to a baccalaureate degree or provides a program of education in	3228
residence, for which the baccalaureate degree is a prerequisite,	3229
leading to an academic or professional degree.	3230

(c) It is accredited by the north central association or	3231
another nationally recognized agency that accredits colleges and	3232
universities.	3233

(3) "Felony" has the same meaning as in section 109.511 of	3234
the Revised Code.	3235

(B) The board of trustees of a private college or university	3236
may establish a campus police department and appoint members of	3237
the campus police department to act as police officers. The board	3238
shall assign duties to the members of a campus police department	3239
that shall include the enforcement of the regulations of the	3240
college or university. Subject to division (E) of this section,	3241
the board shall appoint as members of a campus police department	3242
only those persons who have successfully completed a training	3243
program approved by the Ohio peace officer training commission and	3244
have been certified as having done so or who have previously	3245
successfully completed a police officer basic training program	3246
certified by the commission and have been awarded a certificate to	3247
that effect by the commission.	3248

Members of a campus police department shall not be reimbursed	3249
with state funds for any training they receive or be eligible to	3250
participate in any state or municipal retirement system. The	3251
uniforms, vehicles, and badges of members of a campus police	3252
department shall be distinct from those of the law enforcement	3253
agencies of the political subdivisions in which the private	3254
college or university that established the campus police	3255
department is located.	3256

(C) Each member of a campus police department appointed	3257
under division (B) of this section is vested, while directly in	3258
the discharge of that member's duties as a police officer, with	3259
the same powers and authority that are vested in a police officer	3260
of a municipal corporation or a county sheriff under Title XXIX of	3261
the Revised Code and the Rules of Criminal Procedure, including	3262
the same powers and authority relating to the operation of a	3263
public safety vehicle that are vested in a police officer of a	3264
municipal corporation or a county sheriff under Chapter 4511. of	3265
the Revised Code. Except as otherwise provided in this division,	3266
members of a campus police department may exercise, concurrently	3267
with the law enforcement officers of the political subdivisions in	3268
which the private college or university is located, the powers and	3269
authority granted to them under this division in order to preserve	3270
the peace, protect persons and property, enforce the laws of this	3271
state, and enforce the ordinances and regulations of the political	3272
subdivisions in which the private college or university is	3273
located, but only on the property of the private college or	3274
university that employs them. The board of trustees of a private	3275
college or university may enter into an agreement with any	3276
political subdivision pursuant to which the members of the campus	3277
police department of the college or university may exercise within	3278
that political subdivision, but outside the property of the	3279
college or university, the powers and authority granted to them	3280
under this division. A member of a campus police department has	3281
no authority to serve civil process.	3282

(D) Except as otherwise provided in this division, the board	3283
of trustees of a private college or university shall provide to	3284
each member of a campus police department appointed under division	3285
(B) of this section, without cost to the member, liability	3286
insurance coverage that insures the member against any liability	3287
that may arise out of or in the course of the member's employment	3288
and that is in an amount of not less than two hundred fifty	3289
thousand dollars. A board of trustees may provide the liability	3290
coverage required by this division by self-insurance.	3291

(E)(1) The board of trustees of a private college or	3292
university that establishes a campus police department shall not	3293
appoint a person as a member of the campus police department	3294
pursuant to division (B) of this section on a permanent basis, on	3295
a temporary basis, for a probationary term, or on other than a	3296
permanent basis if the person previously has been convicted of or	3297
has pleaded guilty to a felony.	3298

(2)(a) The board of trustees of a private college or	3299
university shall terminate the employment of a member of its	3300
campus police department appointed under division (B) of this	3301
section if the member does either of the following:	3302

(i) Pleads guilty to a felony;

3303

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	3304
plea agreement as provided in division (D) of section 2929.29	3305
2929.43 of the Revised Code in which the member agrees to	3306
surrender the certificate awarded to that member under section	3307
109.77 of the Revised Code.	3308

(b) The board of trustees of a private college or university	3309
shall suspend from employment a member of its campus police	3310
department appointed under division (B) of this section if the	3311
member is convicted, after trial, of a felony. If the member of	3312
the campus police department files an appeal from that conviction	3313
and the conviction is upheld by the highest court to which the	3314
appeal is taken or if the member does not file a timely appeal,	3315
the board shall terminate the employment of that member. If the	3316
member of the campus police department files an appeal that	3317
results in that member's acquittal of the felony or conviction of	3318
a misdemeanor, or in the dismissal of the felony charge against	3319
that member, the board shall reinstate that member. A member of a	3320
campus police department who is reinstated under division	3321
(E)(2)(b) of this section shall not receive any back pay unless	3322
that member's conviction of the felony was reversed on appeal, or	3323
the felony charge was dismissed, because the court found	3324
insufficient evidence to convict the member of the felony.	3325

(3) Division (E) of this section does not apply regarding an	3326
offense that was committed prior to January 1, 1997.	3327

(4) The suspension from employment, or the termination of	3328
the employment, of a member of a campus police department under	3329
division (E)(2) of this section shall be in accordance with	3330
Chapter 119. of the Revised Code.	3331

Sec. 1905.033.  (A) The mayor of a municipal corporation who	3332
conducts a mayor's court shall register annually with the supreme	3333
court as provided in this division. The mayor shall file the	3334
registration on a form prescribed by the supreme court and not	3335
later than the fifteenth day of January in any year in which the	3336
mayor conducts a mayor's court or at least fifteen days before the	3337
mayor first conducts a mayor's court in a particular year,	3338
whichever is later. The registration shall include the name of	3339
the mayor, the name of any magistrate appointed by the mayor	3340
pursuant to section 1905.05 of the Revised Code, and the dates on	3341
which the mayor and magistrate last received the training required	3342
by section 1901.031 of the Revised Code.	3343

(B) The mayor of any municipal corporation who conducts a	3344
mayor's court shall make the following reports:	3345

(1) A report to the supreme court of all cases filed,	3346
pending, or terminated in the mayor's court in the reporting	3347
period covered by the report, and any financial, dispositional,	3348
and other information that the supreme court prescribes by rule.	3349
The mayor shall make the report under division (B)(1) of this	3350
section on a form prescribed by the supreme court and not later	3351
than the fifteenth day of January, April, July, and October of	3352
each year. The report shall cover all cases filed, pending, or	3353
terminated in the mayor's court for the calendar quarter preceding	3354
the appropriate filing date.	3355

(2) A report to the bureau of criminal identification and	3356
investigation of every conviction in the mayor's court for an	3357
offense that is a misdemeanor on a first offense and a felony on	3358
any subsequent offense. The mayor shall make the report under	3359
division (B)(2) of this section upon entry of the judgment of	3360
conviction for the offense.	3361

(C) A mayor of a municipal corporation who fails to comply	3362
with the general law on registering and reporting under this	3363
section shall not conduct a mayor's court.	3364

Sec. 2152.02.  As used in this chapter:

3365

(A) "Act charged" means the act that is identified in a	3366
complaint, indictment, or information alleging that a child is a	3367
delinquent child.	3368

(B) "Admitted to a department of youth services facility"	3369
includes admission to a facility operated, or contracted for, by	3370
the department and admission to a comparable facility outside this	3371
state by another state or the United States.	3372

(C)(1) "Child" means a person who is under eighteen years of	3373
age, except as otherwise provided in divisions (C)(2) to (6) of	3374
this section.	3375

(2) Subject to division (C)(3) of this section, any person	3376
who violates a federal or state law or a municipal ordinance prior	3377
to attaining eighteen years of age shall be deemed a "child"	3378
irrespective of that person's age at the time the complaint with	3379
respect to that violation is filed or the hearing on the complaint	3380
is held.	3381

(3) Any person who, while under eighteen years of age,	3382
commits an act that would be a felony if committed by an adult and	3383
who is not taken into custody or apprehended for that act until	3384
after the person attains twenty-one years of age is not a child in	3385
relation to that act.	3386

(4) Any person whose case is transferred for criminal	3387
prosecution pursuant to section 2152.12 of the Revised Code shall	3388
be deemed after the transfer not to be a child in the transferred	3389
case.	3390

(5) Any person whose case is transferred for criminal	3391
prosecution pursuant to section 2152.12 of the Revised Code and	3392
who subsequently is convicted of or pleads guilty to a felony in	3393
that case, and any person who is adjudicated a delinquent child	3394
for the commission of an act, who has a serious youthful offender	3395
dispositional sentence imposed for the act pursuant to section	3396
2152.13 of the Revised Code, and whose adult portion of the	3397
dispositional sentence is invoked pursuant to section 2152.14 of	3398
the Revised Code, shall be deemed after the transfer or invocation	3399
not to be a child in any case in which a complaint is filed	3400
against the person.	3401

(6) The juvenile court has jurisdiction over a person who is	3402
adjudicated a delinquent child or juvenile traffic offender prior	3403
to attaining eighteen years of age until the person attains	3404
twenty-one years of age, and, for purposes of that jurisdiction	3405
related to that adjudication, a person who is so adjudicated a	3406
delinquent child or juvenile traffic offender shall be deemed a	3407
"child" until the person attains twenty-one years of age.	3408

(D) "Chronic truant" means any child of compulsory school	3409
age who is absent without legitimate excuse for absence from the	3410
public school the child is supposed to attend for seven or more	3411
consecutive school days, ten or more school days in one school	3412
month, or fifteen or more school days in a school year.	3413

(E) "Community corrections facility," "public safety beds,"	3414
"release authority," and "supervised release" have the same	3415
meanings as in section 5139.01 of the Revised Code.	3416

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

3417

(1) Any child, except a juvenile traffic offender, who	3418
violates any law of this state or the United States, or any	3419
ordinance of a political subdivision of the state, that would be	3420
an offense if committed by an adult;	3421

(2) Any child who violates any lawful order of the court	3422
made under this chapter or under Chapter 2151. of the Revised Code	3423
other than an order issued under section 2151.87 of the Revised	3424
Code;	3425

(3) Any child who violates division (A) of section 2923.211	3426
of the Revised Code;	3427

(4) Any child who is a habitual truant and who previously	3428
has been adjudicated an unruly child for being a habitual truant;	3429

(5) Any child who is a chronic truant.

3430

(G) "Discretionary serious youthful offender" means a person	3431
who is eligible for a discretionary SYO and who is not transferred	3432
to adult court under a mandatory or discretionary transfer.	3433

(H) "Discretionary SYO" means a case in which the juvenile	3434
court, in the juvenile court's discretion, may impose a serious	3435
youthful offender disposition under section 2152.13 of the Revised	3436
Code.	3437

(I) "Discretionary transfer" means that the juvenile court	3438
has discretion to transfer a case for criminal prosecution under	3439
division (B) of section 2152.12 of the Revised Code.	3440

(J) "Drug abuse offense," "felony drug abuse offense," and	3441
"minor drug possession offense" have the same meanings as in	3442
section 2925.01 of the Revised Code.	3443

(K) "Electronic monitoring" and "electronic monitoring	3444
device," "certified electronic monitoring device," "electronically	3445
monitored house arrest," "electronic monitoring system," and	3446
"certified electronic monitoring system" have the same meanings as	3447
in section 2929.232929.01 of the Revised Code.	3448

(L) "Economic loss" means any economic detriment suffered by	3449
a victim of a delinquent act as a result of the delinquent act and	3450
includes any loss of income due to lost time at work because of	3451
any injury caused to the victim and any property loss, medical	3452
cost, or funeral expense incurred as a result of the delinquent	3453
act.	3454

(M) "Firearm" has the same meaning as in section 2923.11 of	3455
the Revised Code.	3456

(N) "Juvenile traffic offender" means any child who violates	3457
any traffic law, traffic ordinance, or traffic regulation of this	3458
state, the United States, or any political subdivision of this	3459
state, other than a resolution, ordinance, or regulation of a	3460
political subdivision of this state the violation of which is	3461
required to be handled by a parking violations bureau or a joint	3462
parking violations bureau pursuant to Chapter 4521. of the Revised	3463
Code.	3464

(O) A "legitimate excuse for absence from the public school	3465
the child is supposed to attend" has the same meaning as in	3466
section 2151.011 of the Revised Code.	3467

(P) "Mandatory serious youthful offender" means a person who	3468
is eligible for a mandatory SYO and who is not transferred to	3469
adult court under a mandatory or discretionary transfer.	3470

(Q) "Mandatory SYO" means a case in which the juvenile court	3471
is required to impose a mandatory serious youthful offender	3472
disposition under section 2152.13 of the Revised Code.	3473

(R) "Mandatory transfer" means that a case is required to be	3474
transferred for criminal prosecution under division (A) of section	3475
2152.12 of the Revised Code.	3476

(S) "Mental illness" has the same meaning as in section	3477
5122.01 of the Revised Code.	3478

(T) "Mentally retarded person" has the same meaning as in	3479
section 5123.01 of the Revised Code.	3480

(U) "Monitored time" and "repeat violent offender" have the	3481
same meanings as in section 2929.01 of the Revised Code.	3482

(V) "Of compulsory school age" has the same meaning as in	3483
section 3321.01 of the Revised Code.	3484

(W) "Public record" has the same meaning as in section	3485
149.43 of the Revised Code.	3486

(X) "Serious youthful offender" means a person who is	3487
eligible for a mandatory SYO or discretionary SYO but who is not	3488
transferred to adult court under a mandatory or discretionary	3489
transfer.	3490

(Y) "Sexually oriented offense," "habitual sex offender,"	3491
"juvenile sex offender registrant," and "sexual predator" have the	3492
same meanings as in section 2950.01 of the Revised Code.	3493

(Z) "Traditional juvenile" means a case that is not	3494
transferred to adult court under a mandatory or discretionary	3495
transfer, that is eligible for a disposition under sections	3496
2152.16, 2152.17, 2152.19, and 2152.20 of the Revised Code, and	3497
that is not eligible for a disposition under section 2152.13 of	3498
the Revised Code.	3499

(AA) "Transfer" means the transfer for criminal prosecution	3500
of a case involving the alleged commission by a child of an act	3501
that would be an offense if committed by an adult from the	3502
juvenile court to the appropriate court that has jurisdiction of	3503
the offense.	3504

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

3505

(1) A violation of section 2903.01 or 2903.02 of the Revised	3506
Code;	3507

(2) A violation of section 2923.02 of the Revised Code	3508
involving an attempt to commit aggravated murder or murder.	3509

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

3510

(1) A violation of section 2903.03, 2905.01, 2907.02,	3511
2909.02, 2911.01, or 2911.11 of the Revised Code;	3512

(2) A violation of section 2903.04 of the Revised Code that	3513
is a felony of the first degree;	3514

(3) A violation of section 2907.12 of the Revised Code as it	3515
existed prior to September 3, 1996.	3516

Sec. 2152.19.  (A) If a child is adjudicated a delinquent	3517
child, the court may make any of the following orders of	3518
disposition, in addition to any other disposition authorized or	3519
required by this chapter:	3520

(1) Any order that is authorized by section 2151.353 of the	3521
Revised Code for the care and protection of an abused, neglected,	3522
or dependent child;	3523

(2) Commit the child to the temporary custody of any school,	3524
camp, institution, or other facility operated for the care of	3525
delinquent children by the county, by a district organized under	3526
section 2152.41 or 2151.65 of the Revised Code, or by a private	3527
agency or organization, within or without the state, that is	3528
authorized and qualified to provide the care, treatment, or	3529
placement required;	3530

(3) Place the child on community control under any	3531
sanctions, services, and conditions that the court prescribes. As	3532
a condition of community control in every case and in addition to	3533
any other condition that it imposes upon the child, the court	3534
shall require the child to abide by the law during the period of	3535
community control. As referred to in this division, community	3536
control includes, but is not limited to, the following sanctions	3537
and conditions:	3538

(a) A period of basic probation supervision in which the	3539
child is required to maintain contact with a person appointed to	3540
supervise the child in accordance with sanctions imposed by the	3541
court;	3542

(b) A period of intensive probation supervision in which the	3543
child is required to maintain frequent contact with a person	3544
appointed by the court to supervise the child while the child is	3545
seeking or maintaining employment and participating in training,	3546
education, and treatment programs as the order of disposition;	3547

(c) A period of day reporting in which the child is required	3548
each day to report to and leave a center or another approved	3549
reporting location at specified times in order to participate in	3550
work, education or training, treatment, and other approved	3551
programs at the center or outside the center;	3552

(d) A period of community service of up to five hundred	3553
hours for an act that would be a felony or a misdemeanor of the	3554
first degree if committed by an adult, up to two hundred hours for	3555
an act that would be a misdemeanor of the second, third, or fourth	3556
degree if committed by an adult, or up to thirty hours for an act	3557
that would be a minor misdemeanor if committed by an adult;	3558

(e) A requirement that the child obtain a high school	3559
diploma, a certificate of high school equivalence, vocational	3560
training, or employment;	3561

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

3562

(g) A requirement of alcohol or drug assessment or	3563
counseling, or a period in an alcohol or drug treatment program	3564
with a level of security for the child as determined necessary by	3565
the court;	3566

(h) A period in which the court orders the child to observe	3567
a curfew that may involve daytime or evening hours;	3568

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

3569

(j) A period of house arrest with or without electronic	3570
monitoring;	3571

(k) A period of electronic monitoring without house arrest or	3572
electronically monitored house arrest with electronic monitoring	3573
that does not exceed the maximum sentence of imprisonment that	3574
could be imposed upon an adult who commits the same act.	3575

A period of electronically monitored house arrest with	3576
electronic monitoring imposed under this division shall not extend	3577
beyond the child's twenty-first birthday. If a court imposes a	3578
period of electronically monitored house arrest with electronic	3579
monitoring upon a child under this division, it shall require the	3580
child: to wear, otherwise have attached to the child's person, or	3581
otherwise be subject to monitoring by a certified electronic	3582
monitoring device or to participate in the operation of and	3583
monitoring by a certified electronic monitoring system; to remain	3584
in the child's home or other specified premises for the entire	3585
period of electronically monitored house arrest with electronic	3586
monitoring except when the court permits the child to leave those	3587
premises to go to school or to other specified premises; to be	3588
monitored by a central system that can determine the child's	3589
location at designated times; to report periodically to a person	3590
designated by the court; and to enter into a written contract with	3591
the court agreeing to comply with all requirements imposed by the	3592
court, agreeing to pay any fee imposed by the court for the costs	3593
of the electronically monitored house arrest with electronic	3594
monitoring, and agreeing to waive the right to receive credit for	3595
any time served on electronically monitored house arrest with	3596
electronic monitoring toward the period of any other dispositional	3597
order imposed upon the child if the child violates any of the	3598
requirements of the dispositional order of electronically	3599
monitored house arrest with electronic monitoring. The court also	3600
may impose other reasonable requirements upon the child.	3601

Unless ordered by the court, a child shall not receive credit	3602
for any time served on electronically monitored house arrest with	3603
electronic monitoring toward any other dispositional order imposed	3604
upon the child for the act for which was imposed the dispositional	3605
order of electronically monitored house arrest with electronic	3606
monitoring.	3607

(l) A suspension of the driver's license, probationary	3608
driver's license, or temporary instruction permit issued to the	3609
child for a period of time prescribed by the court, or a	3610
suspension of the registration of all motor vehicles registered in	3611
the name of the child for a period of time prescribed by the	3612
court. A child whose license or permit is so suspended is	3613
ineligible for issuance of a license or permit during the period	3614
of suspension. At the end of the period of suspension, the child	3615
shall not be reissued a license or permit until the child has paid	3616
any applicable reinstatement fee and complied with all	3617
requirements governing license reinstatement.	3618

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

3619

(5) Require the child to not be absent without legitimate	3620
excuse from the public school the child is supposed to attend for	3621
five or more consecutive days, seven or more school days in one	3622
school month, or twelve or more school days in a school year;	3623

(6)(a) If a child is adjudicated a delinquent child for	3624
being a chronic truant or an habitual truant who previously has	3625
been adjudicated an unruly child for being a habitual truant, do	3626
either or both of the following:	3627

(i) Require the child to participate in a truancy prevention	3628
mediation program;	3629

(ii) Make any order of disposition as authorized by this	3630
section, except that the court shall not commit the child to a	3631
facility described in division (A)(2) of this section unless the	3632
court determines that the child violated a lawful court order made	3633
pursuant to division (C)(1)(e) of section 2151.354 of the Revised	3634
Code or division (A)(5) of this section.	3635

(b) If a child is adjudicated a delinquent child for being a	3636
chronic truant or a habitual truant who previously has been	3637
adjudicated an unruly child for being a habitual truant and the	3638
court determines that the parent, guardian, or other person having	3639
care of the child has failed to cause the child's attendance at	3640
school in violation of section 3321.38 of the Revised Code, do	3641
either or both of the following:	3642

(i) Require the parent, guardian, or other person having	3643
care of the child to participate in a truancy prevention mediation	3644
program;	3645

(ii) Require the parent, guardian, or other person having	3646
care of the child to participate in any community service program,	3647
preferably a community service program that requires the	3648
involvement of the parent, guardian, or other person having care	3649
of the child in the school attended by the child.	3650

(7) Make any further disposition that the court finds	3651
proper, except that the child shall not be placed in any of the	3652
following:	3653

(a) A state correctional institution, a county, multicounty,	3654
or municipal jail or workhouse, or another place in which an adult	3655
convicted of a crime, under arrest, or charged with a crime is	3656
held;	3657

(b) A community corrections facility, if the child would be	3658
covered by the definition of public safety beds for purposes of	3659
sections 5139.41 to 5139.45 of the Revised Code if the court	3660
exercised its authority to commit the child to the legal custody	3661
of the department of youth services for institutionalization or	3662
institutionalization in a secure facility pursuant to this	3663
chapter.	3664

(B) If a child is adjudicated a delinquent child, in	3665
addition to any order of disposition made under division (A) of	3666
this section, the court, in the following situations and for the	3667
specified periods of time, shall suspend the child's temporary	3668
instruction permit, restricted license, probationary driver's	3669
license, or nonresident operating privilege, or suspend the	3670
child's ability to obtain such a permit:	3671

(1) If the child is adjudicated a delinquent child for	3672
violating section 2923.122 of the Revised Code, impose a class	3673
four suspension of the child's license, permit, or privilege from	3674
the range specified in division (A)(4) of section 4510.02 of the	3675
Revised Code or deny the child the issuance of a license or permit	3676
in accordance with division (F)(1) of section 2923.122 of the	3677
Revised Code.	3678

(2) If the child is adjudicated a delinquent child for	3679
committing an act that if committed by an adult would be a drug	3680
abuse offense or for violating division (B) of section 2917.11 of	3681
the Revised Code, suspend the child's license, permit, or	3682
privilege for a period of time prescribed by the court. The court,	3683
in its discretion, may terminate the suspension if the child	3684
attends and satisfactorily completes a drug abuse or alcohol abuse	3685
education, intervention, or treatment program specified by the	3686
court. During the time the child is attending a program	3687
described in this division, the court shall retain the child's	3688
temporary instruction permit, probationary driver's license, or	3689
driver's license, and the court shall return the permit or license	3690
if it terminates the suspension as described in this division.	3691

(C) The court may establish a victim-offender mediation	3692
program in which victims and their offenders meet to discuss the	3693
offense and suggest possible restitution. If the court obtains	3694
the assent of the victim of the delinquent act committed by the	3695
child, the court may require the child to participate in the	3696
program.	3697

(D)(1) If a child is adjudicated a delinquent child for	3698
committing an act that would be a felony if committed by an adult	3699
and if the child caused, attempted to cause, threatened to cause,	3700
or created a risk of physical harm to the victim of the act, the	3701
court, prior to issuing an order of disposition under this	3702
section, shall order the preparation of a victim impact statement	3703
by the probation department of the county in which the victim of	3704
the act resides, by the court's own probation department, or by a	3705
victim assistance program that is operated by the state, a county,	3706
a municipal corporation, or another governmental entity. The court	3707
shall consider the victim impact statement in determining the	3708
order of disposition to issue for the child.	3709

(2) Each victim impact statement shall identify the victim	3710
of the act for which the child was adjudicated a delinquent child,	3711
itemize any economic loss suffered by the victim as a result of	3712
the act, identify any physical injury suffered by the victim as a	3713
result of the act and the seriousness and permanence of the	3714
injury, identify any change in the victim's personal welfare or	3715
familial relationships as a result of the act and any	3716
psychological impact experienced by the victim or the victim's	3717
family as a result of the act, and contain any other information	3718
related to the impact of the act upon the victim that the court	3719
requires.	3720

(3) A victim impact statement shall be kept confidential and	3721
is not a public record. However, the court may furnish copies of	3722
the statement to the department of youth services if the	3723
delinquent child is committed to the department or to both the	3724
adjudicated delinquent child or the adjudicated delinquent child's	3725
counsel and the prosecuting attorney. The copy of a victim impact	3726
statement furnished by the court to the department pursuant to	3727
this section shall be kept confidential and is not a public	3728
record. If an officer is preparing pursuant to section 2947.06 or	3729
2951.03 of the Revised Code or Criminal Rule 32.2 a presentence	3730
investigation report pertaining to a person, the court shall make	3731
available to the officer, for use in preparing the report, a copy	3732
of any victim impact statement regarding that person. The copies	3733
of a victim impact statement that are made available to the	3734
adjudicated delinquent child or the adjudicated delinquent child's	3735
counsel and the prosecuting attorney pursuant to this division	3736
shall be returned to the court by the person to whom they were	3737
made available immediately following the imposition of an order of	3738
disposition for the child under this chapter.	3739

The copy of a victim impact statement that is made available	3740
pursuant to this division to an officer preparing a criminal	3741
presentence investigation report shall be returned to the court by	3742
the officer immediately following its use in preparing the report.	3743

(4) The department of youth services shall work with local	3744
probation departments and victim assistance programs to develop a	3745
standard victim impact statement.	3746

(E) If a child is adjudicated a delinquent child for being a	3747
chronic truant or an habitual truant who previously has been	3748
adjudicated an unruly child for being an habitual truant and the	3749
court determines that the parent, guardian, or other person having	3750
care of the child has failed to cause the child's attendance at	3751
school in violation of section 3321.38 of the Revised Code, in	3752
addition to any order of disposition it makes under this section,	3753
the court shall warn the parent, guardian, or other person having	3754
care of the child that any subsequent adjudication of the child as	3755
an unruly or delinquent child for being an habitual or chronic	3756
truant may result in a criminal charge against the parent,	3757
guardian, or other person having care of the child for a violation	3758
of division (C) of section 2919.21 or section 2919.24 of the	3759
Revised Code.	3760

(F)(1) During the period of a delinquent child's community	3761
control granted under this section, authorized probation officers	3762
who are engaged within the scope of their supervisory duties or	3763
responsibilities may search, with or without a warrant, the person	3764
of the delinquent child, the place of residence of the delinquent	3765
child, and a motor vehicle, another item of tangible or intangible	3766
personal property, or other real property in which the delinquent	3767
child has a right, title, or interest or for which the delinquent	3768
child has the express or implied permission of a person with a	3769
right, title, or interest to use, occupy, or possess if the	3770
probation officers have reasonable grounds to believe that the	3771
delinquent child is not abiding by the law or otherwise is not	3772
complying with the conditions of the delinquent child's community	3773
control. The court that places a delinquent child on community	3774
control under this section shall provide the delinquent child with	3775
a written notice that informs the delinquent child that authorized	3776
probation officers who are engaged within the scope of their	3777
supervisory duties or responsibilities may conduct those types of	3778
searches during the period of community control if they have	3779
reasonable grounds to believe that the delinquent child is not	3780
abiding by the law or otherwise is not complying with the	3781
conditions of the delinquent child's community control. The court	3782
also shall provide the written notice described in division (E)(2)	3783
of this section to each parent, guardian, or custodian of the	3784
delinquent child who is described in that division.	3785

(2) The court that places a child on community control under	3786
this section shall provide the child's parent, guardian, or other	3787
custodian with a written notice that informs them that authorized	3788
probation officers may conduct searches pursuant to division	3789
(E)(1) of this section. The notice shall specifically state that	3790
a permissible search might extend to a motor vehicle, another item	3791
of tangible or intangible personal property, or a place of	3792
residence or other real property in which a notified parent,	3793
guardian, or custodian has a right, title, or interest and that	3794
the parent, guardian, or custodian expressly or impliedly permits	3795
the child to use, occupy, or possess.	3796

(G) If a juvenile court commits a delinquent child to the	3797
custody of any person, organization, or entity pursuant to this	3798
section and if the delinquent act for which the child is so	3799
committed is a sexually oriented offense, the court in the order	3800
of disposition shall do one of the following:	3801

(1) Require that the child be provided treatment as	3802
described in division (A)(2) of section 5139.13 of the Revised	3803
Code;	3804

(2) Inform the person, organization, or entity that it is	3805
the preferred course of action in this state that the child be	3806
provided treatment as described in division (A)(2) of section	3807
5139.13 of the Revised Code and encourage the person,	3808
organization, or entity to provide that treatment.	3809

Sec. 2152.20.  (A) If a child is adjudicated a delinquent	3810
child or a juvenile traffic offender, the court may order any of	3811
the following dispositions, in addition to any other disposition	3812
authorized or required by this chapter:	3813

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

3814

(a) For an act that would be a minor misdemeanor or an	3815
unclassified misdemeanor if committed by an adult, a fine not to	3816
exceed fifty dollars;	3817

(b) For an act that would be a misdemeanor of the fourth	3818
degree if committed by an adult, a fine not to exceed one hundred	3819
dollars;	3820

(c) For an act that would be a misdemeanor of the third	3821
degree if committed by an adult, a fine not to exceed one hundred	3822
fifty dollars;	3823

(d) For an act that would be a misdemeanor of the second	3824
degree if committed by an adult, a fine not to exceed two hundred	3825
dollars;	3826

(e) For an act that would be a misdemeanor of the first	3827
degree if committed by an adult, a fine not to exceed two hundred	3828
fifty dollars;	3829

(f) For an act that would be a felony of the fifth degree or	3830
an unclassified felony if committed by an adult, a fine not to	3831
exceed three hundred dollars;	3832

(g) For an act that would be a felony of the fourth degree	3833
if committed by an adult, a fine not to exceed four hundred	3834
dollars;	3835

(h) For an act that would be a felony of the third degree if	3836
committed by an adult, a fine not to exceed seven hundred fifty	3837
dollars;	3838

(i) For an act that would be a felony of the second degree	3839
if committed by an adult, a fine not to exceed one thousand	3840
dollars;	3841

(j) For an act that would be a felony of the first degree if	3842
committed by an adult, a fine not to exceed one thousand five	3843
hundred dollars;	3844

(k) For an act that would be aggravated murder or murder if	3845
committed by an adult, a fine not to exceed two thousand dollars.	3846

(2) Require the child to pay costs;

3847

(3) Require the child to make restitution to the victim of	3848
the child's delinquent act or, if the victim is deceased, to a	3849
survivor of the victim in an amount based upon the victim's	3850
economic loss caused by or related to the delinquent act.	3851
Restitution required under this division shall be made directly to	3852
the victim in open court or to the probation department that	3853
serves the jurisdiction or the clerk of courts on behalf of the	3854
victim. The restitution may include reimbursement to third	3855
parties, other than the delinquent child's insurer, for amounts	3856
paid to the victim or to any survivor of the victim for economic	3857
loss resulting from the delinquent act. If reimbursement to a	3858
third party is required, the reimbursement shall be made to any	3859
governmental agency to repay any amounts the agency paid to the	3860
victim or any survivor of the victim before any reimbursement is	3861
made to any other person.	3862

Restitution required under this division may be in the form	3863
of a cash reimbursement paid in a lump sum or in installments, the	3864
performance of repair work to restore any damaged property to its	3865
original condition, the performance of a reasonable amount of	3866
labor for the victim or survivor of the victim, the performance of	3867
community service work, any other form of restitution devised by	3868
the court, or any combination of the previously described forms of	3869
restitution.	3870

The court may base the restitution order under this division	3871
on an amount recommended by the victim or survivor of the victim,	3872
the delinquent child, a presentence investigation report,	3873
estimates or receipts indicating the cost of repairing or	3874
replacing property, and any other information. If the amount of	3875
the restitution is disputed by the victim or survivor or by the	3876
delinquent child, the court shall hold a hearing on the	3877
restitution. The court shall determine, or order the	3878
determination of, the amount of restitution to be paid by the	3879
delinquent child. All restitution payments shall be credited	3880
against any recovery of economic loss in a civil action brought by	3881
or on behalf of the victim against the delinquent child or the	3882
delinquent child's parent, guardian, or other custodian.	3883

The court may order that the delinquent child pay a	3884
surcharge, in an amount not exceeding five per cent of the amount	3885
of restitution otherwise ordered under this division, to the	3886
entity responsible for collecting and processing the restitution	3887
payments.	3888

The victim or the survivor of the victim may request that the	3889
prosecuting authority file a motion, or the delinquent child may	3890
file a motion, for modification of the payment terms of any	3891
restitution ordered under this division, based on a substantial	3892
change in the delinquent child's ability to pay. If the court	3893
grants the motion, it may modify the payment terms as it	3894
determines appropriate.	3895

(4) Require the child to reimburse any or all of the costs	3896
incurred for services or sanctions provided or imposed, including,	3897
but not limited to, the following:	3898

(a) All or part of the costs of implementing any community	3899
control imposed as a disposition under section 2152.19 of the	3900
Revised Code, including a supervision fee;	3901

(b) All or part of the costs of confinement in a residential	3902
facility described in section 2152.19 of the Revised Code or in a	3903
department of youth services institution, including, but not	3904
limited to, a per diem fee for room and board, the costs of	3905
medical and dental treatment provided, and the costs of repairing	3906
property the delinquent child damaged while so confined. The	3907
amount of reimbursement ordered for a child under this division	3908
shall not exceed the total amount of reimbursement the child is	3909
able to pay as determined at a hearing and shall not exceed the	3910
actual cost of the confinement. The court may collect any	3911
reimbursement ordered under this division. If the court does not	3912
order reimbursement under this division, confinement costs may be	3913
assessed pursuant to a repayment policy adopted under section	3914
2929.37 of the Revised Code and division (D) of section 307.93,	3915
division (A) of section 341.19, division (C) of section 341.23 or	3916
753.16, or division (B) of section 341.14, 753.02, 753.04,	3917
2301.56, or 2947.19 of the Revised Code.	3918

(B)(1) If a child is adjudicated a delinquent child for	3919
violating section 2923.32 of the Revised Code, the court shall	3920
enter an order of criminal forfeiture against the child in	3921
accordance with divisions (B)(3), (4), (5), and (6) and (C) to (F)	3922
of section 2923.32 of the Revised Code.	3923

(2) Sections 2925.41 to 2925.45 of the Revised Code apply to	3924
children who are adjudicated or could be adjudicated by a juvenile	3925
court to be delinquent children for an act that, if committed by	3926
an adult, would be a felony drug abuse offense. Subject to	3927
division (B) of section 2925.42 and division (E) of section	3928
2925.43 of the Revised Code, a delinquent child of that nature	3929
loses any right to the possession of, and forfeits to the state	3930
any right, title, and interest that the delinquent child may have	3931
in, property as defined in section 2925.41 of the Revised Code and	3932
further described in section 2925.42 or 2925.43 of the Revised	3933
Code.	3934

(3) Sections 2923.44 to 2923.47 of the Revised Code apply to	3935
children who are adjudicated or could be adjudicated by a juvenile	3936
court to be delinquent children for an act in violation of section	3937
2923.42 of the Revised Code. Subject to division (B) of section	3938
2923.44 and division (E) of section 2923.45 of the Revised Code, a	3939
delinquent child of that nature loses any right to the possession	3940
of, and forfeits to the state any right, title, and interest that	3941
the delinquent child may have in, property as defined in section	3942
2923.41 of the Revised Code and further described in section	3943
2923.44 or 2923.45 of the Revised Code.	3944

(C) The court may hold a hearing if necessary to determine	3945
whether a child is able to pay a sanction under this section.	3946

(D) If a child who is adjudicated a delinquent child is	3947
indigent, the court shall consider imposing a term of community	3948
service under division (A) of section 2152.19 of the Revised Code	3949
in lieu of imposing a financial sanction under this section. If a	3950
child who is adjudicated a delinquent child is not indigent, the	3951
court may impose a term of community service under that division	3952
in lieu of, or in addition to, imposing a financial sanction under	3953
this section. The court may order community service for an act	3954
that if committed by an adult would be a minor misdemeanor.	3955

If a child fails to pay a financial sanction imposed under	3956
this section, the court may impose a term of community service in	3957
lieu of the sanction.	3958

(E) The clerk of the court, or another person authorized by	3959
law or by the court to collect a financial sanction imposed under	3960
this section, may do any of the following:	3961

(1) Enter into contracts with one or more public agencies or	3962
private vendors for the collection of the amounts due under the	3963
financial sanction, which amounts may include interest from the	3964
date of imposition of the financial sanction;	3965

(2) Permit payment of all, or any portion of, the financial	3966
sanction in installments, by credit or debit card, by another type	3967
of electronic transfer, or by any other reasonable method, within	3968
any period of time, and on any terms that the court considers	3969
just, except that the maximum time permitted for payment shall not	3970
exceed five years. The clerk may pay any fee associated with	3971
processing an electronic transfer out of public money and may	3972
charge the fee to the delinquent child.	3973

(3) To defray administrative costs, charge a reasonable fee	3974
to a child who elects a payment plan rather than a lump sum	3975
payment of a financial sanction.	3976

Sec. 2301.03.  (A) In Franklin county, the judges of the	3977
court of common pleas whose terms begin on January 1, 1953,	3978
January 2, 1953, January 5, 1969, January 5, 1977, and January 2,	3979
1997, and successors, shall have the same qualifications, exercise	3980
the same powers and jurisdiction, and receive the same	3981
compensation as other judges of the court of common pleas of	3982
Franklin county and shall be elected and designated as judges of	3983
the court of common pleas, division of domestic relations. They	3984
shall have all the powers relating to juvenile courts, and all	3985
cases under Chapters 2151. and 2152. of the Revised Code, all	3986
parentage proceedings under Chapter 3111. of the Revised Code over	3987
which the juvenile court has jurisdiction, and all divorce,	3988
dissolution of marriage, legal separation, and annulment cases	3989
shall be assigned to them. In addition to the judge's regular	3990
duties, the judge who is senior in point of service shall serve on	3991
the children services board and the county advisory board and	3992
shall be the administrator of the domestic relations division and	3993
its subdivisions and departments.	3994

(B) In Hamilton county:

3995

(1) The judge of the court of common pleas, whose term	3996
begins on January 1, 1957, and successors, and the judge of the	3997
court of common pleas, whose term begins on February 14, 1967, and	3998
successors, shall be the juvenile judges as provided in Chapters	3999
2151. and 2152. of the Revised Code, with the powers and	4000
jurisdiction conferred by those chapters.	4001

(2) The judges of the court of common pleas whose terms	4002
begin on January 5, 1957, January 16, 1981, and July 1, 1991, and	4003
successors, shall be elected and designated as judges of the court	4004
of common pleas, division of domestic relations, and shall have	4005
assigned to them all divorce, dissolution of marriage, legal	4006
separation, and annulment cases coming before the court. On or	4007
after the first day of July and before the first day of August of	4008
1991 and each year thereafter, a majority of the judges of the	4009
division of domestic relations shall elect one of the judges of	4010
the division as administrative judge of that division. If a	4011
majority of the judges of the division of domestic relations are	4012
unable for any reason to elect an administrative judge for the	4013
division before the first day of August, a majority of the judges	4014
of the Hamilton county court of common pleas, as soon as possible	4015
after that date, shall elect one of the judges of the division of	4016
domestic relations as administrative judge of that division. The	4017
term of the administrative judge shall begin on the earlier of the	4018
first day of August of the year in which the administrative judge	4019
is elected or the date on which the administrative judge is	4020
elected by a majority of the judges of the Hamilton county court	4021
of common pleas and shall terminate on the date on which the	4022
administrative judge's successor is elected in the following year.	4023

In addition to the judge's regular duties, the administrative	4024
judge of the division of domestic relations shall be the	4025
administrator of the domestic relations division and its	4026
subdivisions and departments and shall have charge of the	4027
employment, assignment, and supervision of the personnel of the	4028
division engaged in handling, servicing, or investigating divorce,	4029
dissolution of marriage, legal separation, and annulment cases,	4030
including any referees considered necessary by the judges in the	4031
discharge of their various duties.	4032

The administrative judge of the division of domestic	4033
relations also shall designate the title, compensation, expense	4034
allowances, hours, leaves of absence, and vacations of the	4035
personnel of the division, and shall fix the duties of its	4036
personnel. The duties of the personnel, in addition to those	4037
provided for in other sections of the Revised Code, shall include	4038
the handling, servicing, and investigation of divorce, dissolution	4039
of marriage, legal separation, and annulment cases and counseling	4040
and conciliation services that may be made available to persons	4041
requesting them, whether or not the persons are parties to an	4042
action pending in the division.	4043

The board of county commissioners shall appropriate the sum	4044
of money each year as will meet all the administrative expenses of	4045
the division of domestic relations, including reasonable expenses	4046
of the domestic relations judges and the division counselors and	4047
other employees designated to conduct the handling, servicing, and	4048
investigation of divorce, dissolution of marriage, legal	4049
separation, and annulment cases, conciliation and counseling, and	4050
all matters relating to those cases and counseling, and the	4051
expenses involved in the attendance of division personnel at	4052
domestic relations and welfare conferences designated by the	4053
division, and the further sum each year as will provide for the	4054
adequate operation of the division of domestic relations.	4055

The compensation and expenses of all employees and the salary	4056
and expenses of the judges shall be paid by the county treasurer	4057
from the money appropriated for the operation of the division,	4058
upon the warrant of the county auditor, certified to by the	4059
administrative judge of the division of domestic relations.	4060

The summonses, warrants, citations, subpoenas, and other	4061
writs of the division may issue to a bailiff, constable, or staff	4062
investigator of the division or to the sheriff of any county or	4063
any marshal, constable, or police officer, and the provisions of	4064
law relating to the subpoenaing of witnesses in other cases shall	4065
apply insofar as they are applicable. When a summons, warrant,	4066
citation, subpoena, or other writ is issued to an officer, other	4067
than a bailiff, constable, or staff investigator of the division,	4068
the expense of serving it shall be assessed as a part of the costs	4069
in the case involved.	4070

(3) The judge of the court of common pleas of Hamilton	4071
county whose term begins on January 3, 1997, and the successor to	4072
that judge whose term begins on January 3, 2003, shall each be	4073
elected and designated for one term only as the drug court judge	4074
of the court of common pleas of Hamilton county. The successors	4075
to the judge whose term begins on January 3, 2003, shall be	4076
elected and designated as judges of the general division of the	4077
court of common pleas of Hamilton county and shall not have the	4078
authority granted by division (B)(3) of this section. The drug	4079
court judge may accept or reject any case referred to the drug	4080
court judge under division (B)(3) of this section. After the drug	4081
court judge accepts a referred case, the drug court judge has full	4082
authority over the case, including the authority to conduct	4083
arraignment, accept pleas, enter findings and dispositions,	4084
conduct trials, order treatment, and if treatment is not	4085
successfully completed pronounce and enter sentence.	4086

A judge of the general division of the court of common pleas	4087
of Hamilton county and a judge of the Hamilton county municipal	4088
court may refer to the drug court judge any case, and any	4089
companion cases, the judge determines meet the criteria described	4090
under divisions (B)(3)(a) and (b) of this section. If the drug	4091
court judge accepts referral of a referred case, the case, and any	4092
companion cases, shall be transferred to the drug court judge. A	4093
judge may refer a case meeting the criteria described in divisions	4094
(B)(3)(a) and (b) of this section that involves a violation of a	4095
term of probationcondition of a community control sanction to the	4096
drug court judge, and, if the drug court judge accepts the	4097
referral, the referring judge and the drug court judge have	4098
concurrent jurisdiction over the case.	4099

A judge of the general division of the court of common pleas	4100
of Hamilton county and a judge of the Hamilton county municipal	4101
court may refer a case to the drug court judge under division	4102
(B)(3) of this section if the judge determines that both of the	4103
following apply:	4104

(a) One of the following applies:

4105

(i) The case involves a drug abuse offense, as defined in	4106
section 2925.01 of the Revised Code, that is a felony of the third	4107
or fourth degree if the offense is committed prior to July 1,	4108
1996, a felony of the third, fourth, or fifth degree if the	4109
offense is committed on or after July 1, 1996, or a misdemeanor.	4110

(ii) The case involves a theft offense, as defined in	4111
section 2913.01 of the Revised Code, that is a felony of the third	4112
or fourth degree if the offense is committed prior to July 1,	4113
1996, a felony of the third, fourth, or fifth degree if the	4114
offense is committed on or after July 1, 1996, or a misdemeanor,	4115
and the defendant is drug or alcohol dependent or in danger of	4116
becoming drug or alcohol dependent and would benefit from	4117
treatment.	4118

(b) All of the following apply:

4119

(i) The case involves a probationablean offense for which a	4120
community control sanction may be imposed or is a case in which a	4121
mandatory prison term or a mandatory jail term is not required to	4122
be imposed.	4123

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

4124

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

4125

(iv) The defendant's current or past behavior, or both, is	4126
drug or alcohol driven.	4127

(v) The defendant demonstrates a sincere willingness to	4128
participate in a fifteen-month treatment process.	4129

(vi) The defendant has no acute health condition.

4130

(vii) If the defendant is incarcerated, the county	4131
prosecutor approves of the referral.	4132

(4) If the administrative judge of the court of common pleas	4133
of Hamilton county determines that the volume of cases pending	4134
before the drug court judge does not constitute a sufficient	4135
caseload for the drug court judge, the administrative judge, in	4136
accordance with the Rules of Superintendence for Courts of Common	4137
Pleas, shall assign individual cases to the drug court judge from	4138
the general docket of the court. If the assignments so occur, the	4139
administrative judge shall cease the assignments when the	4140
administrative judge determines that the volume of cases pending	4141
before the drug court judge constitutes a sufficient caseload for	4142
the drug court judge.	4143

(5) As used in division (B) of this section, "community	4144
control sanction," "mandatory prison term," and "mandatory jail	4145
term" have the same meanings as in section 2929.01 of the Revised	4146
Code.	4147

(C) In Lorain county, the judges of the court of common	4148
pleas whose terms begin on January 3, 1959, January 4, 1989, and	4149
January 2, 1999, and successors, shall have the same	4150
qualifications, exercise the same powers and jurisdiction, and	4151
receive the same compensation as the other judges of the court of	4152
common pleas of Lorain county and shall be elected and designated	4153
as the judges of the court of common pleas, division of domestic	4154
relations. They shall have all of the powers relating to juvenile	4155
courts, and all cases under Chapters 2151. and 2152. of the	4156
Revised Code, all parentage proceedings over which the juvenile	4157
court has jurisdiction, and all divorce, dissolution of marriage,	4158
legal separation, and annulment cases shall be assigned to them,	4159
except cases that for some special reason are assigned to some	4160
other judge of the court of common pleas.	4161

(D) In Lucas county:

4162

(1) The judges of the court of common pleas whose terms	4163
begin on January 1, 1955, and January 3, 1965, and successors,	4164
shall have the same qualifications, exercise the same powers and	4165
jurisdiction, and receive the same compensation as other judges of	4166
the court of common pleas of Lucas county and shall be elected and	4167
designated as judges of the court of common pleas, division of	4168
domestic relations. All divorce, dissolution of marriage, legal	4169
separation, and annulment cases shall be assigned to them.	4170

The judge of the division of domestic relations, senior in	4171
point of service, shall be considered as the presiding judge of	4172
the court of common pleas, division of domestic relations, and	4173
shall be charged exclusively with the assignment and division of	4174
the work of the division and the employment and supervision of all	4175
other personnel of the domestic relations division.	4176

(2) The judges of the court of common pleas whose terms	4177
begin on January 5, 1977, and January 2, 1991, and successors	4178
shall have the same qualifications, exercise the same powers and	4179
jurisdiction, and receive the same compensation as other judges of	4180
the court of common pleas of Lucas county, shall be elected and	4181
designated as judges of the court of common pleas, juvenile	4182
division, and shall be the juvenile judges as provided in	4183
Chapters 2151. and 2152. of the Revised Code with the powers and	4184
jurisdictions conferred by those chapters. In addition to the	4185
judge's regular duties, the judge of the court of common pleas,	4186
juvenile division, senior in point of service, shall be the	4187
administrator of the juvenile division and its subdivisions and	4188
departments and shall have charge of the employment, assignment,	4189
and supervision of the personnel of the division engaged in	4190
handling, servicing, or investigating juvenile cases, including	4191
any referees considered necessary by the judges of the division in	4192
the discharge of their various duties.	4193

The judge of the court of common pleas, juvenile division,	4194
senior in point of service, also shall designate the title,	4195
compensation, expense allowance, hours, leaves of absence, and	4196
vacation of the personnel of the division and shall fix the duties	4197
of the personnel of the division. The duties of the personnel, in	4198
addition to other statutory duties include the handling,	4199
servicing, and investigation of juvenile cases and counseling and	4200
conciliation services that may be made available to persons	4201
requesting them, whether or not the persons are parties to an	4202
action pending in the division.	4203

(3) If one of the judges of the court of common pleas,	4204
division of domestic relations, or one of the judges of the	4205
juvenile division is sick, absent, or unable to perform that	4206
judge's judicial duties or the volume of cases pending in that	4207
judge's division necessitates it, the duties shall be performed by	4208
the judges of the other of those divisions.	4209

(E) In Mahoning county:

4210

(1) The judge of the court of common pleas whose term began	4211
on January 1, 1955, and successors, shall have the same	4212
qualifications, exercise the same powers and jurisdiction, and	4213
receive the same compensation as other judges of the court of	4214
common pleas of Mahoning county, shall be elected and designated	4215
as judge of the court of common pleas, division of domestic	4216
relations, and shall be assigned all the divorce, dissolution of	4217
marriage, legal separation, and annulment cases coming before the	4218
court. In addition to the judge's regular duties, the judge of	4219
the court of common pleas, division of domestic relations, shall	4220
be the administrator of the domestic relations division and its	4221
subdivisions and departments and shall have charge of the	4222
employment, assignment, and supervision of the personnel of the	4223
division engaged in handling, servicing, or investigating divorce,	4224
dissolution of marriage, legal separation, and annulment cases,	4225
including any referees considered necessary in the discharge of	4226
the various duties of the judge's office.	4227

The judge also shall designate the title, compensation,	4228
expense allowances, hours, leaves of absence, and vacations of the	4229
personnel of the division and shall fix the duties of the	4230
personnel of the division. The duties of the personnel, in	4231
addition to other statutory duties, include the handling,	4232
servicing, and investigation of divorce, dissolution of marriage,	4233
legal separation, and annulment cases and counseling and	4234
conciliation services that may be made available to persons	4235
requesting them, whether or not the persons are parties to an	4236
action pending in the division.	4237

(2) The judge of the court of common pleas whose term began	4238
on January 2, 1969, and successors, shall have the same	4239
qualifications, exercise the same powers and jurisdiction, and	4240
receive the same compensation as other judges of the court of	4241
common pleas of Mahoning county, shall be elected and designated	4242
as judge of the court of common pleas, juvenile division, and	4243
shall be the juvenile judge as provided in Chapters 2151. and	4244
2152. of the Revised Code, with the powers and jurisdictions	4245
conferred by those chapters. In addition to the judge's regular	4246
duties, the judge of the court of common pleas, juvenile division,	4247
shall be the administrator of the juvenile division and its	4248
subdivisions and departments and shall have charge of the	4249
employment, assignment, and supervision of the personnel of the	4250
division engaged in handling, servicing, or investigating juvenile	4251
cases, including any referees considered necessary by the judge in	4252
the discharge of the judge's various duties.	4253

The judge also shall designate the title, compensation,	4254
expense allowances, hours, leaves of absence, and vacation of the	4255
personnel of the division and shall fix the duties of the	4256
personnel of the division. The duties of the personnel, in	4257
addition to other statutory duties, include the handling,	4258
servicing, and investigation of juvenile cases and counseling and	4259
conciliation services that may be made available to persons	4260
requesting them, whether or not the persons are parties to an	4261
action pending in the division.	4262

(3) If a judge of the court of common pleas, division of	4263
domestic relations or juvenile division, is sick, absent, or	4264
unable to perform that judge's judicial duties, or the volume of	4265
cases pending in that judge's division necessitates it, that	4266
judge's duties shall be performed by another judge of the court of	4267
common pleas.	4268

(F) In Montgomery county:

4269

(1) The judges of the court of common pleas whose terms	4270
begin on January 2, 1953, and January 4, 1977, and successors,	4271
shall have the same qualifications, exercise the same powers and	4272
jurisdiction, and receive the same compensation as other judges of	4273
the court of common pleas of Montgomery county and shall be	4274
elected and designated as judges of the court of common pleas,	4275
division of domestic relations. These judges shall have assigned	4276
to them all divorce, dissolution of marriage, legal separation,	4277
and annulment cases.	4278

The judge of the division of domestic relations, senior in	4279
point of service, shall be charged exclusively with the assignment	4280
and division of the work of the division and shall have charge of	4281
the employment and supervision of the personnel of the division	4282
engaged in handling, servicing, or investigating divorce,	4283
dissolution of marriage, legal separation, and annulment cases,	4284
including any necessary referees, except those employees who may	4285
be appointed by the judge, junior in point of service, under this	4286
section and sections 2301.12, 2301.18, and 2301.19 of the Revised	4287
Code. The judge of the division of domestic relations, senior in	4288
point of service, also shall designate the title, compensation,	4289
expense allowances, hours, leaves of absence, and vacation of the	4290
personnel of the division and shall fix their duties.	4291

(2) The judges of the court of common pleas whose terms	4292
begin on January 1, 1953, and January 1, 1993, and successors,	4293
shall have the same qualifications, exercise the same powers and	4294
jurisdiction, and receive the same compensation as other judges of	4295
the court of common pleas of Montgomery county, shall be elected	4296
and designated as judges of the court of common pleas, juvenile	4297
division, and shall be, and have the powers and jurisdiction of,	4298
the juvenile judge as provided in Chapters 2151. and 2152. of the	4299
Revised Code.	4300

In addition to the judge's regular duties, the judge of the	4301
court of common pleas, juvenile division, senior in point of	4302
service, shall be the administrator of the juvenile division and	4303
its subdivisions and departments and shall have charge of the	4304
employment, assignment, and supervision of the personnel of the	4305
juvenile division, including any necessary referees, who are	4306
engaged in handling, servicing, or investigating juvenile cases.	4307
The judge, senior in point of service, also shall designate the	4308
title, compensation, expense allowances, hours, leaves of absence,	4309
and vacation of the personnel of the division and shall fix their	4310
duties. The duties of the personnel, in addition to other	4311
statutory duties, shall include the handling, servicing, and	4312
investigation of juvenile cases and of any counseling and	4313
conciliation services that are available upon request to persons,	4314
whether or not they are parties to an action pending in the	4315
division.	4316

If one of the judges of the court of common pleas, division	4317
of domestic relations, or one of the judges of the court of common	4318
pleas, juvenile division, is sick, absent, or unable to perform	4319
that judge's duties or the volume of cases pending in that judge's	4320
division necessitates it, the duties of that judge may be	4321
performed by the judge or judges of the other of those divisions.	4322

(G) In Richland county, the judge of the court of common	4323
pleas whose term begins on January 1, 1957, and successors, shall	4324
have the same qualifications, exercise the same powers and	4325
jurisdiction, and receive the same compensation as the other	4326
judges of the court of common pleas of Richland county and shall	4327
be elected and designated as judge of the court of common pleas,	4328
division of domestic relations. That judge shall have all of the	4329
powers relating to juvenile courts, and all cases under Chapters	4330
2151. and 2152. of the Revised Code, all parentage proceedings	4331
over which the juvenile court has jurisdiction, and all divorce,	4332
dissolution of marriage, legal separation, and annulment cases	4333
shall be assigned to that judge, except in cases that for some	4334
special reason are assigned to some other judge of the court of	4335
common pleas.	4336

(H) In Stark county, the judges of the court of common pleas	4337
whose terms begin on January 1, 1953, January 2, 1959, and January	4338
1, 1993, and successors, shall have the same qualifications,	4339
exercise the same powers and jurisdiction, and receive the same	4340
compensation as other judges of the court of common pleas of Stark	4341
county and shall be elected and designated as judges of the court	4342
of common pleas, division of domestic relations. They shall have	4343
all the powers relating to juvenile courts, and all cases under	4344
Chapters 2151. and 2152. of the Revised Code, all parentage	4345
proceedings over which the juvenile court has jurisdiction, and	4346
all divorce, dissolution of marriage, legal separation, and	4347
annulment cases, except cases that are assigned to some other	4348
judge of the court of common pleas for some special reason, shall	4349
be assigned to the judges.	4350

The judge of the division of domestic relations, second most	4351
senior in point of service, shall have charge of the employment	4352
and supervision of the personnel of the division engaged in	4353
handling, servicing, or investigating divorce, dissolution of	4354
marriage, legal separation, and annulment cases, and necessary	4355
referees required for the judge's respective court.	4356

The judge of the division of domestic relations, senior in	4357
point of service, shall be charged exclusively with the	4358
administration of sections 2151.13, 2151.16, 2151.17, and 2152.71	4359
of the Revised Code and with the assignment and division of the	4360
work of the division and the employment and supervision of all	4361
other personnel of the division, including, but not limited to,	4362
that judge's necessary referees, but excepting those employees who	4363
may be appointed by the judge second most senior in point of	4364
service. The senior judge further shall serve in every other	4365
position in which the statutes permit or require a juvenile judge	4366
to serve.	4367

(I) In Summit county:

4368

(1) The judges of the court of common pleas whose terms	4369
begin on January 4, 1967, and January 6, 1993, and successors,	4370
shall have the same qualifications, exercise the same powers and	4371
jurisdiction, and receive the same compensation as other judges of	4372
the court of common pleas of Summit county and shall be elected	4373
and designated as judges of the court of common pleas, division of	4374
domestic relations. The judges of the division of domestic	4375
relations shall have assigned to them and hear all divorce,	4376
dissolution of marriage, legal separation, and annulment cases	4377
that come before the court. Except in cases that are subject to	4378
the exclusive original jurisdiction of the juvenile court, the	4379
judges of the division of domestic relations shall have assigned	4380
to them and hear all cases pertaining to paternity, custody,	4381
visitation, child support, or the allocation of parental rights	4382
and responsibilities for the care of children and all post-decree	4383
proceedings arising from any case pertaining to any of those	4384
matters. The judges of the division of domestic relations shall	4385
have assigned to them and hear all proceedings under the uniform	4386
interstate family support act contained in Chapter 3115. of the	4387
Revised Code.	4388

The judge of the division of domestic relations, senior in	4389
point of service, shall be the administrator of the domestic	4390
relations division and its subdivisions and departments and shall	4391
have charge of the employment, assignment, and supervision of the	4392
personnel of the division, including any necessary referees, who	4393
are engaged in handling, servicing, or investigating divorce,	4394
dissolution of marriage, legal separation, and annulment cases.	4395
That judge also shall designate the title, compensation, expense	4396
allowances, hours, leaves of absence, and vacations of the	4397
personnel of the division and shall fix their duties. The duties	4398
of the personnel, in addition to other statutory duties, shall	4399
include the handling, servicing, and investigation of divorce,	4400
dissolution of marriage, legal separation, and annulment cases and	4401
of any counseling and conciliation services that are available	4402
upon request to all persons, whether or not they are parties to an	4403
action pending in the division.	4404

(2) The judge of the court of common pleas whose term begins	4405
on January 1, 1955, and successors, shall have the same	4406
qualifications, exercise the same powers and jurisdiction, and	4407
receive the same compensation as other judges of the court of	4408
common pleas of Summit county, shall be elected and designated as	4409
judge of the court of common pleas, juvenile division, and shall	4410
be, and have the powers and jurisdiction of, the juvenile judge as	4411
provided in Chapters 2151. and 2152. of the Revised Code. Except	4412
in cases that are subject to the exclusive original jurisdiction	4413
of the juvenile court, the judge of the juvenile division shall	4414
not have jurisdiction or the power to hear, and shall not be	4415
assigned, any case pertaining to paternity, custody, visitation,	4416
child support, or the allocation of parental rights and	4417
responsibilities for the care of children or any post-decree	4418
proceeding arising from any case pertaining to any of those	4419
matters. The judge of the juvenile division shall not have	4420
jurisdiction or the power to hear, and shall not be assigned, any	4421
proceeding under the uniform interstate family support act	4422
contained in Chapter 3115. of the Revised Code.	4423

The juvenile judge shall be the administrator of the juvenile	4424
division and its subdivisions and departments and shall have	4425
charge of the employment, assignment, and supervision of the	4426
personnel of the juvenile division, including any necessary	4427
referees, who are engaged in handling, servicing, or investigating	4428
juvenile cases. The judge also shall designate the title,	4429
compensation, expense allowances, hours, leaves of absence, and	4430
vacation of the personnel of the division and shall fix their	4431
duties. The duties of the personnel, in addition to other	4432
statutory duties, shall include the handling, servicing, and	4433
investigation of juvenile cases and of any counseling and	4434
conciliation services that are available upon request to persons,	4435
whether or not they are parties to an action pending in the	4436
division.	4437

(J) In Trumbull county, the judges of the court of common	4438
pleas whose terms begin on January 1, 1953, and January 2, 1977,	4439
and successors, shall have the same qualifications, exercise the	4440
same powers and jurisdiction, and receive the same compensation as	4441
other judges of the court of common pleas of Trumbull county and	4442
shall be elected and designated as judges of the court of common	4443
pleas, division of domestic relations. They shall have all the	4444
powers relating to juvenile courts, and all cases under Chapters	4445
2151. and 2152. of the Revised Code, all parentage proceedings	4446
over which the juvenile court has jurisdiction, and all divorce,	4447
dissolution of marriage, legal separation, and annulment cases	4448
shall be assigned to them, except cases that for some special	4449
reason are assigned to some other judge of the court of common	4450
pleas.	4451

(K) In Butler county:

4452

(1) The judges of the court of common pleas whose terms	4453
begin on January 1, 1957, and January 4, 1993, and successors,	4454
shall have the same qualifications, exercise the same powers and	4455
jurisdiction, and receive the same compensation as other judges of	4456
the court of common pleas of Butler county and shall be elected	4457
and designated as judges of the court of common pleas, division of	4458
domestic relations. The judges of the division of domestic	4459
relations shall have assigned to them all divorce, dissolution of	4460
marriage, legal separation, and annulment cases coming before the	4461
court, except in cases that for some special reason are assigned	4462
to some other judge of the court of common pleas. The judge	4463
senior in point of service shall be charged with the assignment	4464
and division of the work of the division and with the employment	4465
and supervision of all other personnel of the domestic relations	4466
division.	4467

The judge senior in point of service also shall designate the	4468
title, compensation, expense allowances, hours, leaves of absence,	4469
and vacations of the personnel of the division and shall fix their	4470
duties. The duties of the personnel, in addition to other	4471
statutory duties, shall include the handling, servicing, and	4472
investigation of divorce, dissolution of marriage, legal	4473
separation, and annulment cases and providing any counseling and	4474
conciliation services that the division makes available to	4475
persons, whether or not the persons are parties to an action	4476
pending in the division, who request the services.	4477

(2) The judges of the court of common pleas whose terms	4478
begin on January 3, 1987, and January 2, 2003, and successors,	4479
shall have the same qualifications, exercise the same powers and	4480
jurisdiction, and receive the same compensation as other judges of	4481
the court of common pleas of Butler county, shall be elected and	4482
designated as judges of the court of common pleas, juvenile	4483
division, and shall be the juvenile judges as provided in	4484
Chapters 2151. and 2152. of the Revised Code, with the powers and	4485
jurisdictions conferred by those chapters. The judge of the court	4486
of common pleas, juvenile division, who is senior in point of	4487
service, shall be the administrator of the juvenile division and	4488
its subdivisions and departments. The judge, senior in point of	4489
service, shall have charge of the employment, assignment, and	4490
supervision of the personnel of the juvenile division who are	4491
engaged in handling, servicing, or investigating juvenile cases,	4492
including any referees whom the judge considers necessary for the	4493
discharge of the judge's various duties.	4494

The judge, senior in point of service, also shall designate	4495
the title, compensation, expense allowances, hours, leaves of	4496
absence, and vacation of the personnel of the division and shall	4497
fix their duties. The duties of the personnel, in addition to	4498
other statutory duties, include the handling, servicing, and	4499
investigation of juvenile cases and providing any counseling and	4500
conciliation services that the division makes available to	4501
persons, whether or not the persons are parties to an action	4502
pending in the division, who request the services.	4503

(3) If a judge of the court of common pleas, division of	4504
domestic relations or juvenile division, is sick, absent, or	4505
unable to perform that judge's judicial duties or the volume of	4506
cases pending in the judge's division necessitates it, the duties	4507
of that judge shall be performed by the other judges of the	4508
domestic relations and juvenile divisions.	4509

(L)(1) In Cuyahoga county, the judges of the court of common	4510
pleas whose terms begin on January 8, 1961, January 9, 1961,	4511
January 18, 1975, January 19, 1975, and January 13, 1987, and	4512
successors, shall have the same qualifications, exercise the same	4513
powers and jurisdiction, and receive the same compensation as	4514
other judges of the court of common pleas of Cuyahoga county and	4515
shall be elected and designated as judges of the court of common	4516
pleas, division of domestic relations. They shall have all the	4517
powers relating to all divorce, dissolution of marriage, legal	4518
separation, and annulment cases, except in cases that are assigned	4519
to some other judge of the court of common pleas for some special	4520
reason.	4521

(2) The administrative judge is administrator of the	4522
domestic relations division and its subdivisions and departments	4523
and has the following powers concerning division personnel:	4524

(a) Full charge of the employment, assignment, and	4525
supervision;	4526

(b) Sole determination of compensation, duties, expenses,	4527
allowances, hours, leaves, and vacations.	4528

(3) "Division personnel" include persons employed or referees	4529
engaged in hearing, servicing, investigating, counseling, or	4530
conciliating divorce, dissolution of marriage, legal separation	4531
and annulment matters.	4532

(M) In Lake county:

4533

(1) The judge of the court of common pleas whose term begins	4534
on January 2, 1961, and successors, shall have the same	4535
qualifications, exercise the same powers and jurisdiction, and	4536
receive the same compensation as the other judges of the court of	4537
common pleas of Lake county and shall be elected and designated as	4538
judge of the court of common pleas, division of domestic	4539
relations. The judge shall be assigned all the divorce,	4540
dissolution of marriage, legal separation, and annulment cases	4541
coming before the court, except in cases that for some special	4542
reason are assigned to some other judge of the court of common	4543
pleas. The judge shall be charged with the assignment and	4544
division of the work of the division and with the employment and	4545
supervision of all other personnel of the domestic relations	4546
division.	4547

The judge also shall designate the title, compensation,	4548
expense allowances, hours, leaves of absence, and vacations of the	4549
personnel of the division and shall fix their duties. The duties	4550
of the personnel, in addition to other statutory duties, shall	4551
include the handling, servicing, and investigation of divorce,	4552
dissolution of marriage, legal separation, and annulment cases and	4553
providing any counseling and conciliation services that the	4554
division makes available to persons, whether or not the persons	4555
are parties to an action pending in the division, who request the	4556
services.	4557

(2) The judge of the court of common pleas whose term begins	4558
on January 4, 1979, and successors, shall have the same	4559
qualifications, exercise the same powers and jurisdiction, and	4560
receive the same compensation as other judges of the court of	4561
common pleas of Lake county, shall be elected and designated as	4562
judge of the court of common pleas, juvenile division, and shall	4563
be the juvenile judge as provided in Chapters 2151. and 2152. of	4564
the Revised Code, with the powers and jurisdictions conferred by	4565
those chapters. The judge of the court of common pleas, juvenile	4566
division, shall be the administrator of the juvenile division and	4567
its subdivisions and departments. The judge shall have charge of	4568
the employment, assignment, and supervision of the personnel of	4569
the juvenile division who are engaged in handling, servicing, or	4570
investigating juvenile cases, including any referees whom the	4571
judge considers necessary for the discharge of the judge's various	4572
duties.	4573

The judge also shall designate the title, compensation,	4574
expense allowances, hours, leaves of absence, and vacation of the	4575
personnel of the division and shall fix their duties. The duties	4576
of the personnel, in addition to other statutory duties, include	4577
the handling, servicing, and investigation of juvenile cases and	4578
providing any counseling and conciliation services that the	4579
division makes available to persons, whether or not the persons	4580
are parties to an action pending in the division, who request the	4581
services.	4582

(3) If a judge of the court of common pleas, division of	4583
domestic relations or juvenile division, is sick, absent, or	4584
unable to perform that judge's judicial duties or the volume of	4585
cases pending in the judge's division necessitates it, the duties	4586
of that judge shall be performed by the other judges of the	4587
domestic relations and juvenile divisions.	4588

(N) In Erie county, the judge of the court of common pleas	4589
whose term begins on January 2, 1971, and successors, shall have	4590
the same qualifications, exercise the same powers and	4591
jurisdiction, and receive the same compensation as the other judge	4592
of the court of common pleas of Erie county and shall be elected	4593
and designated as judge of the court of common pleas, division of	4594
domestic relations. The judge shall have all the powers relating	4595
to juvenile courts, and shall be assigned all cases under Chapters	4596
2151. and 2152. of the Revised Code, parentage proceedings over	4597
which the juvenile court has jurisdiction, and divorce,	4598
dissolution of marriage, legal separation, and annulment cases,	4599
except cases that for some special reason are assigned to some	4600
other judge.	4601

(O) In Greene county:

4602

(1) The judge of the court of common pleas whose term begins	4603
on January 1, 1961, and successors, shall have the same	4604
qualifications, exercise the same powers and jurisdiction, and	4605
receive the same compensation as the other judges of the court of	4606
common pleas of Greene county and shall be elected and designated	4607
as the judge of the court of common pleas, division of domestic	4608
relations. The judge shall be assigned all divorce, dissolution	4609
of marriage, legal separation, annulment, uniform reciprocal	4610
support enforcement, and domestic violence cases and all other	4611
cases related to domestic relations, except cases that for some	4612
special reason are assigned to some other judge of the court of	4613
common pleas.	4614

The judge shall be charged with the assignment and division	4615
of the work of the division and with the employment and	4616
supervision of all other personnel of the division. The judge	4617
also shall designate the title, compensation, hours, leaves of	4618
absence, and vacations of the personnel of the division and shall	4619
fix their duties. The duties of the personnel of the division, in	4620
addition to other statutory duties, shall include the handling,	4621
servicing, and investigation of divorce, dissolution of marriage,	4622
legal separation, and annulment cases and the provision of	4623
counseling and conciliation services that the division considers	4624
necessary and makes available to persons who request the services,	4625
whether or not the persons are parties in an action pending in the	4626
division. The compensation for the personnel shall be paid from	4627
the overall court budget and shall be included in the	4628
appropriations for the existing judges of the general division of	4629
the court of common pleas.	4630

(2) The judge of the court of common pleas whose term begins	4631
on January 1, 1995, and successors, shall have the same	4632
qualifications, exercise the same powers and jurisdiction, and	4633
receive the same compensation as the other judges of the court of	4634
common pleas of Greene county, shall be elected and designated as	4635
judge of the court of common pleas, juvenile division, and, on or	4636
after January 1, 1995, shall be the juvenile judge as provided in	4637
Chapters 2151. and 2152. of the Revised Code with the powers and	4638
jurisdiction conferred by those chapters. The judge of the court	4639
of common pleas, juvenile division, shall be the administrator of	4640
the juvenile division and its subdivisions and departments. The	4641
judge shall have charge of the employment, assignment, and	4642
supervision of the personnel of the juvenile division who are	4643
engaged in handling, servicing, or investigating juvenile cases,	4644
including any referees whom the judge considers necessary for the	4645
discharge of the judge's various duties.	4646

The judge also shall designate the title, compensation,	4647
expense allowances, hours, leaves of absence, and vacation of the	4648
personnel of the division and shall fix their duties. The duties	4649
of the personnel, in addition to other statutory duties, include	4650
the handling, servicing, and investigation of juvenile cases and	4651
providing any counseling and conciliation services that the court	4652
makes available to persons, whether or not the persons are parties	4653
to an action pending in the court, who request the services.	4654

(3) If one of the judges of the court of common pleas,	4655
general division, is sick, absent, or unable to perform that	4656
judge's judicial duties or the volume of cases pending in the	4657
general division necessitates it, the duties of that judge of the	4658
general division shall be performed by the judge of the division	4659
of domestic relations and the judge of the juvenile division.	4660

(P) In Portage county, the judge of the court of common	4661
pleas, whose term begins January 2, 1987, and successors, shall	4662
have the same qualifications, exercise the same powers and	4663
jurisdiction, and receive the same compensation as the other	4664
judges of the court of common pleas of Portage county and shall be	4665
elected and designated as judge of the court of common pleas,	4666
division of domestic relations. The judge shall be assigned all	4667
divorce, dissolution of marriage, legal separation, and annulment	4668
cases coming before the court, except in cases that for some	4669
special reason are assigned to some other judge of the court of	4670
common pleas. The judge shall be charged with the assignment and	4671
division of the work of the division and with the employment and	4672
supervision of all other personnel of the domestic relations	4673
division.	4674

The judge also shall designate the title, compensation,	4675
expense allowances, hours, leaves of absence, and vacations of the	4676
personnel of the division and shall fix their duties. The duties	4677
of the personnel, in addition to other statutory duties, shall	4678
include the handling, servicing, and investigation of divorce,	4679
dissolution of marriage, legal separation, and annulment cases and	4680
providing any counseling and conciliation services that the	4681
division makes available to persons, whether or not the persons	4682
are parties to an action pending in the division, who request the	4683
services.	4684

(Q) In Clermont county, the judge of the court of common	4685
pleas, whose term begins January 2, 1987, and successors, shall	4686
have the same qualifications, exercise the same powers and	4687
jurisdiction, and receive the same compensation as the other	4688
judges of the court of common pleas of Clermont county and shall	4689
be elected and designated as judge of the court of common pleas,	4690
division of domestic relations. The judge shall be assigned all	4691
divorce, dissolution of marriage, legal separation, and annulment	4692
cases coming before the court, except in cases that for some	4693
special reason are assigned to some other judge of the court of	4694
common pleas. The judge shall be charged with the assignment and	4695
division of the work of the division and with the employment and	4696
supervision of all other personnel of the domestic relations	4697
division.	4698

The judge also shall designate the title, compensation,	4699
expense allowances, hours, leaves of absence, and vacations of the	4700
personnel of the division and shall fix their duties. The duties	4701
of the personnel, in addition to other statutory duties, shall	4702
include the handling, servicing, and investigation of divorce,	4703
dissolution of marriage, legal separation, and annulment cases and	4704
providing any counseling and conciliation services that the	4705
division makes available to persons, whether or not the persons	4706
are parties to an action pending in the division, who request the	4707
services.	4708

(R) In Warren county, the judge of the court of common	4709
pleas, whose term begins January 1, 1987, and successors, shall	4710
have the same qualifications, exercise the same powers and	4711
jurisdiction, and receive the same compensation as the other	4712
judges of the court of common pleas of Warren county and shall be	4713
elected and designated as judge of the court of common pleas,	4714
division of domestic relations. The judge shall be assigned all	4715
divorce, dissolution of marriage, legal separation, and annulment	4716
cases coming before the court, except in cases that for some	4717
special reason are assigned to some other judge of the court of	4718
common pleas. The judge shall be charged with the assignment and	4719
division of the work of the division and with the employment and	4720
supervision of all other personnel of the domestic relations	4721
division.	4722

The judge also shall designate the title, compensation,	4723
expense allowances, hours, leaves of absence, and vacations of the	4724
personnel of the division and shall fix their duties. The duties	4725
of the personnel, in addition to other statutory duties, shall	4726
include the handling, servicing, and investigation of divorce,	4727
dissolution of marriage, legal separation, and annulment cases and	4728
providing any counseling and conciliation services that the	4729
division makes available to persons, whether or not the persons	4730
are parties to an action pending in the division, who request the	4731
services.	4732

(S) In Licking county, the judge of the court of common	4733
pleas, whose term begins January 1, 1991, and successors, shall	4734
have the same qualifications, exercise the same powers and	4735
jurisdiction, and receive the same compensation as the other	4736
judges of the court of common pleas of Licking county and shall be	4737
elected and designated as judge of the court of common pleas,	4738
division of domestic relations. The judge shall be assigned all	4739
divorce, dissolution of marriage, legal separation, and annulment	4740
cases, all cases arising under Chapter 3111. of the Revised Code,	4741
all proceedings involving child support, the allocation of	4742
parental rights and responsibilities for the care of children and	4743
the designation for the children of a place of residence and legal	4744
custodian, parenting time, and visitation, and all post-decree	4745
proceedings and matters arising from those cases and proceedings,	4746
except in cases that for some special reason are assigned to	4747
another judge of the court of common pleas. The judge shall be	4748
charged with the assignment and division of the work of the	4749
division and with the employment and supervision of the personnel	4750
of the division.	4751

The judge shall designate the title, compensation, expense	4752
allowances, hours, leaves of absence, and vacations of the	4753
personnel of the division and shall fix the duties of the	4754
personnel of the division. The duties of the personnel of the	4755
division, in addition to other statutory duties, shall include the	4756
handling, servicing, and investigation of divorce, dissolution of	4757
marriage, legal separation, and annulment cases, cases arising	4758
under Chapter 3111. of the Revised Code, and proceedings involving	4759
child support, the allocation of parental rights and	4760
responsibilities for the care of children and the designation for	4761
the children of a place of residence and legal custodian,	4762
parenting time, and visitation and providing any counseling and	4763
conciliation services that the division makes available to	4764
persons, whether or not the persons are parties to an action	4765
pending in the division, who request the services.	4766

(T) In Allen county, the judge of the court of common pleas,	4767
whose term begins January 1, 1993, and successors, shall have the	4768
same qualifications, exercise the same powers and jurisdiction,	4769
and receive the same compensation as the other judges of the court	4770
of common pleas of Allen county and shall be elected and	4771
designated as judge of the court of common pleas, division of	4772
domestic relations. The judge shall be assigned all divorce,	4773
dissolution of marriage, legal separation, and annulment cases,	4774
all cases arising under Chapter 3111. of the Revised Code, all	4775
proceedings involving child support, the allocation of parental	4776
rights and responsibilities for the care of children and the	4777
designation for the children of a place of residence and legal	4778
custodian, parenting time, and visitation, and all post-decree	4779
proceedings and matters arising from those cases and proceedings,	4780
except in cases that for some special reason are assigned to	4781
another judge of the court of common pleas. The judge shall be	4782
charged with the assignment and division of the work of the	4783
division and with the employment and supervision of the personnel	4784
of the division.	4785

The judge shall designate the title, compensation, expense	4786
allowances, hours, leaves of absence, and vacations of the	4787
personnel of the division and shall fix the duties of the	4788
personnel of the division. The duties of the personnel of the	4789
division, in addition to other statutory duties, shall include the	4790
handling, servicing, and investigation of divorce, dissolution of	4791
marriage, legal separation, and annulment cases, cases arising	4792
under Chapter 3111. of the Revised Code, and proceedings involving	4793
child support, the allocation of parental rights and	4794
responsibilities for the care of children and the designation for	4795
the children of a place of residence and legal custodian,	4796
parenting time, and visitation, and providing any counseling and	4797
conciliation services that the division makes available to	4798
persons, whether or not the persons are parties to an action	4799
pending in the division, who request the services.	4800

(U) In Medina county, the judge of the court of common pleas	4801
whose term begins January 1, 1995, and successors, shall have the	4802
same qualifications, exercise the same powers and jurisdiction,	4803
and receive the same compensation as other judges of the court of	4804
common pleas of Medina county and shall be elected and designated	4805
as judge of the court of common pleas, division of domestic	4806
relations. The judge shall be assigned all divorce, dissolution	4807
of marriage, legal separation, and annulment cases, all cases	4808
arising under Chapter 3111. of the Revised Code, all proceedings	4809
involving child support, the allocation of parental rights and	4810
responsibilities for the care of children and the designation for	4811
the children of a place of residence and legal custodian,	4812
parenting time, and visitation, and all post-decree proceedings	4813
and matters arising from those cases and proceedings, except in	4814
cases that for some special reason are assigned to another judge	4815
of the court of common pleas. The judge shall be charged with the	4816
assignment and division of the work of the division and with the	4817
employment and supervision of the personnel of the division.	4818

The judge shall designate the title, compensation, expense	4819
allowances, hours, leaves of absence, and vacations of the	4820
personnel of the division and shall fix the duties of the	4821
personnel of the division. The duties of the personnel, in	4822
addition to other statutory duties, include the handling,	4823
servicing, and investigation of divorce, dissolution of marriage,	4824
legal separation, and annulment cases, cases arising under Chapter	4825
3111. of the Revised Code, and proceedings involving child	4826
support, the allocation of parental rights and responsibilities	4827
for the care of children and the designation for the children of a	4828
place of residence and legal custodian, parenting time, and	4829
visitation, and providing counseling and conciliation services	4830
that the division makes available to persons, whether or not the	4831
persons are parties to an action pending in the division, who	4832
request the services.	4833

(V) In Fairfield county, the judge of the court of common	4834
pleas whose term begins January 2, 1995, and successors, shall	4835
have the same qualifications, exercise the same powers and	4836
jurisdiction, and receive the same compensation as the other	4837
judges of the court of common pleas of Fairfield county and shall	4838
be elected and designated as judge of the court of common pleas,	4839
division of domestic relations. The judge shall be assigned all	4840
divorce, dissolution of marriage, legal separation, and annulment	4841
cases, all cases arising under Chapter 3111. of the Revised Code,	4842
all proceedings involving child support, the allocation of	4843
parental rights and responsibilities for the care of children and	4844
the designation for the children of a place of residence and legal	4845
custodian, parenting time, and visitation, and all post-decree	4846
proceedings and matters arising from those cases and proceedings,	4847
except in cases that for some special reason are assigned to	4848
another judge of the court of common pleas. The judge also has	4849
concurrent jurisdiction with the probate-juvenile division of the	4850
court of common pleas of Fairfield county with respect to and may	4851
hear cases to determine the custody of a child, as defined in	4852
section 2151.011 of the Revised Code, who is not the ward of	4853
another court of this state, cases that are commenced by a parent,	4854
guardian, or custodian of a child, as defined in section 2151.011	4855
of the Revised Code, to obtain an order requiring a parent of the	4856
child to pay child support for that child when the request for	4857
that order is not ancillary to an action for divorce, dissolution	4858
of marriage, annulment, or legal separation, a criminal or civil	4859
action involving an allegation of domestic violence, an action for	4860
support under Chapter 3115. of the Revised Code, or an action that	4861
is within the exclusive original jurisdiction of the	4862
probate-juvenile division of the court of common pleas of	4863
Fairfield county and that involves an allegation that the child is	4864
an abused, neglected, or dependent child, and post-decree	4865
proceedings and matters arising from those types of cases.	4866

The judge of the domestic relations division shall be charged	4867
with the assignment and division of the work of the division and	4868
with the employment and supervision of the personnel of the	4869
division.	4870

The judge shall designate the title, compensation, expense	4871
allowances, hours, leaves of absence, and vacations of the	4872
personnel of the division and shall fix the duties of the	4873
personnel of the division. The duties of the personnel of the	4874
division, in addition to other statutory duties, shall include the	4875
handling, servicing, and investigation of divorce, dissolution of	4876
marriage, legal separation, and annulment cases, cases arising	4877
under Chapter 3111. of the Revised Code, and proceedings involving	4878
child support, the allocation of parental rights and	4879
responsibilities for the care of children and the designation for	4880
the children of a place of residence and legal custodian,	4881
parenting time, and visitation, and providing any counseling and	4882
conciliation services that the division makes available to	4883
persons, regardless of whether the persons are parties to an	4884
action pending in the division, who request the services. When	4885
the judge hears a case to determine the custody of a child, as	4886
defined in section 2151.011 of the Revised Code, who is not the	4887
ward of another court of this state or a case that is commenced by	4888
a parent, guardian, or custodian of a child, as defined in section	4889
2151.011 of the Revised Code, to obtain an order requiring a	4890
parent of the child to pay child support for that child when the	4891
request for that order is not ancillary to an action for divorce,	4892
dissolution of marriage, annulment, or legal separation, a	4893
criminal or civil action involving an allegation of domestic	4894
violence, an action for support under Chapter 3115. of the Revised	4895
Code, or an action that is within the exclusive original	4896
jurisdiction of the probate-juvenile division of the court of	4897
common pleas of Fairfield county and that involves an allegation	4898
that the child is an abused, neglected, or dependent child, the	4899
duties of the personnel of the domestic relations division also	4900
include the handling, servicing, and investigation of those types	4901
of cases.	4902

(W)(1) In Clark county, the judge of the court of common	4903
pleas whose term begins on January 2, 1995, and successors, shall	4904
have the same qualifications, exercise the same powers and	4905
jurisdiction, and receive the same compensation as other judges of	4906
the court of common pleas of Clark county and shall be elected and	4907
designated as judge of the court of common pleas, domestic	4908
relations division. The judge shall have all the powers relating	4909
to juvenile courts, and all cases under Chapters 2151. and 2152.	4910
of the Revised Code and all parentage proceedings under Chapter	4911
3111. of the Revised Code over which the juvenile court has	4912
jurisdiction shall be assigned to the judge of the division of	4913
domestic relations. All divorce, dissolution of marriage, legal	4914
separation, annulment, uniform reciprocal support enforcement, and	4915
other cases related to domestic relations shall be assigned to the	4916
domestic relations division, and the presiding judge of the court	4917
of common pleas shall assign the cases to the judge of the	4918
domestic relations division and the judges of the general	4919
division.	4920

(2) In addition to the judge's regular duties, the judge of	4921
the division of domestic relations shall serve on the children	4922
services board and the county advisory board.	4923

(3) If the judge of the court of common pleas of Clark	4924
county, division of domestic relations, is sick, absent, or unable	4925
to perform that judge's judicial duties or if the presiding judge	4926
of the court of common pleas of Clark county determines that the	4927
volume of cases pending in the division of domestic relations	4928
necessitates it, the duties of the judge of the division of	4929
domestic relations shall be performed by the judges of the general	4930
division or probate division of the court of common pleas of Clark	4931
county, as assigned for that purpose by the presiding judge of	4932
that court, and the judges so assigned shall act in conjunction	4933
with the judge of the division of domestic relations of that	4934
court.	4935

(X) In Scioto county, the judge of the court of common pleas	4936
whose term begins January 2, 1995, and successors, shall have the	4937
same qualifications, exercise the same powers and jurisdiction,	4938
and receive the same compensation as other judges of the court of	4939
common pleas of Scioto county and shall be elected and designated	4940
as judge of the court of common pleas, division of domestic	4941
relations. The judge shall be assigned all divorce, dissolution	4942
of marriage, legal separation, and annulment cases, all cases	4943
arising under Chapter 3111. of the Revised Code, all proceedings	4944
involving child support, the allocation of parental rights and	4945
responsibilities for the care of children and the designation for	4946
the children of a place of residence and legal custodian,	4947
parenting time, visitation, and all post-decree proceedings and	4948
matters arising from those cases and proceedings, except in cases	4949
that for some special reason are assigned to another judge of the	4950
court of common pleas. The judge shall be charged with the	4951
assignment and division of the work of the division and with the	4952
employment and supervision of the personnel of the division.	4953

The judge shall designate the title, compensation, expense	4954
allowances, hours, leaves of absence, and vacations of the	4955
personnel of the division and shall fix the duties of the	4956
personnel of the division. The duties of the personnel, in	4957
addition to other statutory duties, include the handling,	4958
servicing, and investigation of divorce, dissolution of marriage,	4959
legal separation, and annulment cases, cases arising under Chapter	4960
3111. of the Revised Code, and proceedings involving child	4961
support, the allocation of parental rights and responsibilities	4962
for the care of children and the designation for the children of a	4963
place of residence and legal custodian, parenting time, and	4964
visitation, and providing counseling and conciliation services	4965
that the division makes available to persons, whether or not the	4966
persons are parties to an action pending in the division, who	4967
request the services.	4968

(Y) In Auglaize county, the judge of the probate and	4969
juvenile divisions of the Auglaize county court of common pleas	4970
also shall be the administrative judge of the domestic relations	4971
division of the court and shall be assigned all divorce,	4972
dissolution of marriage, legal separation, and annulment cases	4973
coming before the court. The judge shall have all powers as	4974
administrator of the domestic relations division and shall have	4975
charge of the personnel engaged in handling, servicing, or	4976
investigating divorce, dissolution of marriage, legal separation,	4977
and annulment cases, including any referees considered necessary	4978
for the discharge of the judge's various duties.	4979

(Z)(1) In Marion county, the judge of the court of common	4980
pleas whose term begins on February 9, 1999, and the successors to	4981
that judge, shall have the same qualifications, exercise the same	4982
powers and jurisdiction, and receive the same compensation as the	4983
other judges of the court of common pleas of Marion county and	4984
shall be elected and designated as judge of the court of common	4985
pleas, domestic relations-juvenile-probate division. Except as	4986
otherwise specified in this division, that judge, and the	4987
successors to that judge, shall have all the powers relating to	4988
juvenile courts, and all cases under Chapters 2151. and 2152. of	4989
the Revised Code, all cases arising under Chapter 3111. of the	4990
Revised Code, all divorce, dissolution of marriage, legal	4991
separation, and annulment cases, all proceedings involving child	4992
support, the allocation of parental rights and responsibilities	4993
for the care of children and the designation for the children of a	4994
place of residence and legal custodian, parenting time, and	4995
visitation, and all post-decree proceedings and matters arising	4996
from those cases and proceedings shall be assigned to that judge	4997
and the successors to that judge. Except as provided in division	4998
(Z)(2) of this section and notwithstanding any other provision of	4999
any section of the Revised Code, on and after February 9, 2003,	5000
the judge of the court of common pleas of Marion county whose term	5001
begins on February 9, 1999, and the successors to that judge,	5002
shall have all the powers relating to the probate division of the	5003
court of common pleas of Marion county in addition to the powers	5004
previously specified in this division, and shall exercise	5005
concurrent jurisdiction with the judge of the probate division of	5006
that court over all matters that are within the jurisdiction of	5007
the probate division of that court under Chapter 2101., and other	5008
provisions, of the Revised Code in addition to the jurisdiction of	5009
the domestic relations-juvenile-probate division of that court	5010
otherwise specified in division (Z)(1) of this section.	5011

(2) The judge of the domestic relations-juvenile-probate	5012
division of the court of common pleas of Marion county or the	5013
judge of the probate division of the court of common pleas of	5014
Marion county, whichever of those judges is senior in total length	5015
of service on the court of common pleas of Marion county,	5016
regardless of the division or divisions of service, shall serve as	5017
the clerk of the probate division of the court of common pleas of	5018
Marion county.	5019

(3) On and after February 9, 2003, all references in law to	5020
"the probate court," "the probate judge," "the juvenile court," or	5021
"the judge of the juvenile court" shall be construed, with respect	5022
to Marion county, as being references to both "the probate	5023
division" and "the domestic relations-juvenile-probate division"	5024
and as being references to both "the judge of the probate	5025
division" and "the judge of the domestic relations-	5026
juvenile-probate division." On and after February 9, 2003, all	5027
references in law to "the clerk of the probate court" shall be	5028
construed, with respect to Marion county, as being references to	5029
the judge who is serving pursuant to division (Z)(2) of this	5030
section as the clerk of the probate division of the court of	5031
common pleas of Marion county.	5032

(AA) In Muskingum county, the judge of the court of common	5033
pleas whose term begins on January 2, 2003, and successors, shall	5034
have the same qualifications, exercise the same powers and	5035
jurisdiction, and receive the same compensation as the other	5036
judges of the court of common pleas of Muskingum county and shall	5037
be elected and designated as the judge of the court of common	5038
pleas, division of domestic relations. The judge shall be	5039
assigned and hear all divorce, dissolution of marriage, legal	5040
separation, and annulment cases and all proceedings under the	5041
uniform interstate family support act contained in Chapter 3115.	5042
of the Revised Code. Except in cases that are subject to the	5043
exclusive original jurisdiction of the juvenile court, the judge	5044
shall be assigned and hear all cases pertaining to paternity,	5045
visitation, child support, the allocation of parental rights and	5046
responsibilities for the care of children, and the designation for	5047
the children of a place of residence and legal custodian, and all	5048
post-decree proceedings arising from any case pertaining to any of	5049
those matters.	5050

(BB) If a judge of the court of common pleas, division of	5051
domestic relations, or juvenile judge, of any of the counties	5052
mentioned in this section is sick, absent, or unable to perform	5053
that judge's judicial duties or the volume of cases pending in the	5054
judge's division necessitates it, the duties of that judge shall	5055
be performed by another judge of the court of common pleas of that	5056
county, assigned for that purpose by the presiding judge of the	5057
court of common pleas of that county to act in place of or in	5058
conjunction with that judge, as the case may require.	5059

Sec. 2301.27.  (A)(1) The court of common pleas may	5060
establish a county department of probation. The establishment of	5061
the department shall be entered upon the journal of the court, and	5062
the clerk of the court of common pleas shall certify a copy of the	5063
journal entry establishing the department to each elective officer	5064
and board of the county. The department shall consist of a chief	5065
probation officer and the number of other probation officers and	5066
employees, clerks, and stenographers that is fixed from time to	5067
time by the court. The court shall appoint those individuals, fix	5068
their salaries, and supervise their work. The court shall not	5069
appoint as a probation officer any person who does not possess the	5070
training, experience, and other qualifications prescribed by the	5071
adult parole authority created by section 5149.02 of the Revised	5072
Code. Probation officers have all the powers of regular police	5073
officers and shall perform any duties that are designated by the	5074
judge or judges of the court. All positions within the department	5075
of probation shall be in the classified service of the civil	5076
service of the county.	5077

(2) If two or more counties desire to jointly establish a	5078
probation department for those counties, the judges of the courts	5079
of common pleas of those counties may establish a probation	5080
department for those counties. If a probation department is	5081
established pursuant to division (A)(2) of this section to serve	5082
more than one county, the judges of the courts of common pleas	5083
that established the department shall designate the county	5084
treasurer of one of the counties served by the department as the	5085
treasurer to whom probation fees paid under section 2951.021 of	5086
the Revised Code are to be appropriated and transferred under	5087
division (A)(2) of section 321.44 of the Revised Code for deposit	5088
into the multicounty probation services fund established under	5089
division (B) of section 321.44 of the Revised Code.	5090

The cost of the administration and operation of a probation	5091
department established for two or more counties shall be prorated	5092
to the respective counties on the basis of population.	5093

(3) Probation officers shall receive, in addition to their	5094
respective salaries, their necessary and reasonable travel and	5095
other expenses incurred in the performance of their duties. Their	5096
salaries and expenses shall be paid monthly from the county	5097
treasury in the manner provided for the payment of the	5098
compensation of other appointees of the court.	5099

(B)(1) In lieu of establishing a county department of	5100
probation under division (A) of this section and in lieu of	5101
entering into an agreement with the adult parole authority as	5102
described in division (B) of section 2301.32 of the Revised Code,	5103
the court of common pleas may request the board of county	5104
commissioners to contract with, and upon that request the board	5105
may contract with, any nonprofit, public or private agency,	5106
association, or organization for the provision of probation	5107
services and supervisory services for persons placed under	5108
community control sanctions. The contract shall specify that each	5109
individual providing the probation services and supervisory	5110
services shall possess the training, experience, and other	5111
qualifications prescribed by the adult parole authority. The	5112
individuals who provide the probation services and supervisory	5113
services shall not be included in the classified or unclassified	5114
civil service of the county.	5115

(2) In lieu of establishing a county department of probation	5116
under division (A) of this section and in lieu of entering into an	5117
agreement with the adult parole authority as described in division	5118
(B) of section 2301.32 of the Revised Code, the courts of common	5119
pleas of two or more adjoining counties jointly may request the	5120
boards of county commissioners of those counties to contract with,	5121
and upon that request the boards of county commissioners of two or	5122
more adjoining counties jointly may contract with, any nonprofit,	5123
public or private agency, association, or organization for the	5124
provision of probation services and supervisory services for	5125
persons placed under community control sanctions for those	5126
counties. The contract shall specify that each individual	5127
providing the probation services and supervisory services shall	5128
possess the training, experience, and other qualifications	5129
prescribed by the adult parole authority. The individuals who	5130
provide the probation services and supervisory services shall not	5131
be included in the classified or unclassified civil service of any	5132
of those counties.	5133

(C) The chief probation officer may grant permission to a	5134
probation officer to carry firearms when required in the discharge	5135
of official duties, provided that any probation officer who is	5136
granted permission to carry firearms in the discharge of official	5137
duties, within six months of receiving permission to carry a	5138
firearm, shall successfully complete a basic firearm training	5139
program that is conducted at a training school approved by the	5140
Ohio peace officer training commission and that is substantially	5141
similar to the basic firearm training program for peace officers	5142
conducted at the Ohio peace officer training academy and receive a	5143
certificate of satisfactory completion of that program from the	5144
executive director of the Ohio peace officer training commission.	5145
Any probation officer who does not successfully complete a basic	5146
firearm training program within the six-month period after	5147
receiving permission to carry a firearm shall not carry, after the	5148
expiration of that six-month period, a firearm in the discharge of	5149
official duties until the probation officer has successfully	5150
completed a basic firearm training program. A probation officer	5151
who has received a certificate of satisfactory completion of a	5152
basic firearm training program, to maintain the right to carry a	5153
firearm in the discharge of official duties, annually shall	5154
successfully complete a firearms requalification program in	5155
accordance with section 109.801 of the Revised Code.	5156

(D) As used in this section and sections 2301.28 to 2301.32	5157
of the Revised Code, "community control sanction" has the same	5158
meaning as in section 2929.01 of the Revised Code.	5159

Sec. 2301.28.  The court of common pleas of a county in which	5160
a county department of probation has been established under	5161
division (A) of section 2301.27 of the Revised Code, in addition	5162
to employing the department in investigation and in the	5163
administration of its own orders of probationimposing community	5164
control sanctions, shall receive into the legal control or	5165
supervision of the department any person who is a resident of the	5166
county and who has been placed on probationunder a community	5167
control sanction by order of any other court exercising criminal	5168
jurisdiction in this state, whether within or without the county	5169
in which the department of probation is located, upon the request	5170
of the other court and subject to its continuing jurisdiction. The	5171
court of common pleas also shall receive into the legal custody or	5172
supervision of the department any person who is paroled,released	5173
under a post-release control sanction, or conditionally pardoned	5174
from a state correctional institution and who resides or remains	5175
in the county, if requested by the adult parole authority created	5176
by section 5149.02 of the Revised Code or any other authority	5177
having power to parole or release from any institution of that	5178
nature.	5179

As used in this section and section 2301.30 of the Revised	5180
Code, "post-release control sanction" has the same meaning as in	5181
section 2967.01 of the Revised Code.	5182

Sec. 2301.30.  The court of common pleas of a county in which	5183
a county department of probation is established under division (A)	5184
of section 2301.27 of the Revised Code shall require the	5185
department, in the rules through which the supervision of the	5186
department is exercised or otherwise, to do all of the following:	5187

(A) Furnish to each person under a community control	5188
sanction or post-release control sanction or on probation or	5189
parole under its supervision or in its custody, a written	5190
statement of the conditions of probationthe community control	5191
sanction, post-release control sanction, or parole and instruct	5192
himthe person regarding the conditions;	5193

(B) Keep informed concerning the conduct and condition of	5194
each person in its custody or under its supervision by visiting,	5195
the requiring of reports, and otherwise;	5196

(C) Use all suitable methods, not inconsistent with the	5197
conditions of probationthe community control sanction,	5198
post-release control sanction, or parole, to aid and encourage the	5199
persons under its supervision or in its custody and to bring about	5200
improvement in their conduct and condition;	5201

(D) Keep detailed records of the work of the department,	5202
keep accurate and complete accounts of all moneys collected from	5203
persons under its supervision or in its custody, and keep or give	5204
receipts for those moneys;	5205

(E) Make reports to the adult parole authority created by	5206
section 5149.02 of the Revised Code that it requires.	5207

Sec. 2301.32.  (A) In any county in which a county	5208
department of probation has been established under division (A) of	5209
section 2301.27 of the Revised Code and complies with standards	5210
and conditions prescribed by the adult parole authority created by	5211
section 5149.02 of the Revised Code, an agreement may be entered	5212
into between the court of common pleas and the authority under	5213
which the county department of probation correctional may receive	5214
supplemental investigation or supervisory services from the	5215
authority.	5216

(B) In any county in which a county department of probation	5217
has not been established under division (A) of section 2301.27 of	5218
the Revised Code, an agreement may be entered into between the	5219
court of common pleas of that county and the adult parole	5220
authority under which the court of common pleas may place	5221
defendants on probationunder a community control sanction in	5222
charge of the authority, and, in consideration of those	5223
placements, the county shall pay to the state from time to time	5224
the amounts that are provided for in the agreement.	5225

Sec. 2301.56.  (A) A judicial corrections board that	5226
proposes or establishes one or more community-based correctional	5227
facilities and programs or district community-based correctional	5228
facilities and programs may apply to the division of parole and	5229
community services for state financial assistance for the cost of	5230
renovation, maintenance, and operation of any of the facilities	5231
and programs. If the judicial corrections board has proposed or	5232
established more than one facility and program and if it desires	5233
state financial assistance for more than one of the facilities and	5234
programs, the board shall submit a separate application for each	5235
facility and program for which it desires the financial	5236
assistance.	5237

An application for state financial assistance under this	5238
section may be made when the judicial corrections board submits	5239
for the approval of the section its proposal for the establishment	5240
of the facility and program in question to the division of parole	5241
and community services under division (B) of section 2301.51 of	5242
the Revised Code, or at any time after the section has approved	5243
the proposal. All applications for state financial assistance for	5244
proposed or approved facilities and programs shall be made on	5245
forms that are prescribed and furnished by the department of	5246
rehabilitation and correction, and in accordance with section	5247
5120.112 of the Revised Code.	5248

The judicial corrections board may submit a request for	5249
funding of some or all of its community-based correctional	5250
facilities and programs or district community-based correctional	5251
facilities and programs to the board of county commissioners of	5252
the county, if the judicial corrections board serves a	5253
community-based correctional facility and program, or to the	5254
boards of county commissioners of all of the member counties, if	5255
the judicial corrections board serves a district community-based	5256
correctional facility and program. The board or boards may	5257
appropriate, but are not required to appropriate, a sum of money	5258
for funding all aspects of each facility and program as outlined	5259
in sections 2301.51 to 2301.56 of the Revised Code. The judicial	5260
corrections board has no recourse against a board or boards of	5261
county commissioners, either under Chapter 2731. of the Revised	5262
Code, under its contempt power, or under any other authority, if	5263
the board or boards of county commissioners do not appropriate	5264
money for funding any facility or program or if they appropriate	5265
money for funding a facility and program in an amount less than	5266
the total amount of the submitted request for funding.	5267

(B) Pursuant to section 2929.37 of the Revised Code, a board	5268
of county commissioners may require a person who was convicted of	5269
an offense and who is confined in a community-based correctional	5270
facility or district community-based correctional facility as	5271
provided in sections 2301.51 to 2301.56 of the Revised Code, to	5272
reimburse the county for its expenses incurred by reason of the	5273
person's confinement.	5274

(C) Notwithstanding any contrary provision in this section or	5275
section 2929.18, 2929.21, 2929.362929.28, or 2929.37 of the	5276
Revised Code, the judicial corrections board may establish a	5277
policy that complies with section 2929.38 of the Revised Code and	5278
that requires any person who is not indigent and who is confined	5279
in the community-based correctional facility or district	5280
community-based correctional facility to pay a reception fee or	5281
a fee for any medical treatment or service requested by and	5282
provided to that person.	5283

(D) If a person who has been convicted of or pleaded guilty	5284
to an offense is confined in a community-based correctional	5285
facility or district community-based correctional facility, at the	5286
time of reception and at other times the person in charge of the	5287
operation of the facility determines to be appropriate, the person	5288
in charge of the operation of the facility may cause the convicted	5289
offender to be examined and tested for tuberculosis, HIV	5290
infection, hepatitis, including but not limited to hepatitis A, B,	5291
and C, and other contagious diseases. The person in charge of the	5292
operation of the facility may cause a convicted offender in the	5293
facility who refuses to be tested or treated for tuberculosis, HIV	5294
infection, hepatitis, including but not limited to hepatitis A, B,	5295
and C, or another contagious disease to be tested and treated	5296
involuntarily.	5297

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

5298

(1) "Chiropractic claim," "medical claim," and "optometric	5299
claim" have the same meanings as in section 2305.11 of the Revised	5300
Code.	5301

(2) "Dental claim" has the same meaning as in section 2305.11	5302
of the Revised Code, except that it does not include any claim	5303
arising out of a dental operation or any derivative claim for	5304
relief that arises out of a dental operation.	5305

(3) "Governmental health care program" has the same meaning	5306
as in section 4731.65 of the Revised Code.	5307

(4) "Health care professional" means any of the following who	5308
provide medical, dental, or other health-related diagnosis, care,	5309
or treatment:	5310

(a) Physicians authorized under Chapter 4731. of the Revised	5311
Code to practice medicine and surgery or osteopathic medicine and	5312
surgery;	5313

(b) Registered nurses and licensed practical nurses licensed	5314
under Chapter 4723. of the Revised Code;	5315

(c) Physician assistants authorized to practice under	5316
Chapter 4730. of the Revised Code;	5317

(d) Dentists and dental hygienists licensed under Chapter	5318
4715. of the Revised Code;	5319

(e) Physical therapists licensed under Chapter 4755. of the	5320
Revised Code;	5321

(f) Chiropractors licensed under Chapter 4734. of the	5322
Revised Code;	5323

(g) Optometrists licensed under Chapter 4725. of the Revised	5324
Code;	5325

(h) Podiatrists authorized under Chapter 4731. of the	5326
Revised Code to practice podiatry;	5327

(i) Dietitians licensed under Chapter 4759. of the Revised	5328
Code;	5329

(j) Pharmacists licensed under Chapter 4729. of the Revised	5330
Code.	5331

(5) "Health care worker" means a person other than a health	5332
care professional who provides medical, dental, or other	5333
health-related care or treatment under the direction of a health	5334
care professional with the authority to direct that individual's	5335
activities, including medical technicians, medical assistants,	5336
dental assistants, orderlies, aides, and individuals acting in	5337
similar capacities.	5338

(6) "Indigent and uninsured person" means a person who meets	5339
all of the following requirements:	5340

(a) The person's income is not greater than one hundred	5341
fifty per cent of the current poverty line as defined by the	5342
United States office of management and budget and revised in	5343
accordance with section 673(2) of the "Omnibus Budget	5344
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as	5345
amended.	5346

(b) The person is not eligible to receive medical assistance	5347
under Chapter 5111., disability assistance medical assistance	5348
under Chapter 5115. of the Revised Code, or assistance under any	5349
other governmental health care program.	5350

(c) Either of the following applies:

5351

(i) The person is not a policyholder, certificate holder,	5352
insured, contract holder, subscriber, enrollee, member,	5353
beneficiary, or other covered individual under a health insurance	5354
or health care policy, contract, or plan.	5355

(ii) The person is a policyholder, certificate holder,	5356
insured, contract holder, subscriber, enrollee, member,	5357
beneficiary, or other covered individual under a health insurance	5358
or health care policy, contract, or plan, but the insurer, policy,	5359
contract, or plan denies coverage or is the subject of insolvency	5360
or bankruptcy proceedings in any jurisdiction.	5361

(7) "Operation" means any procedure that involves cutting or	5362
otherwise infiltrating human tissue by mechanical means, including	5363
surgery, laser surgery, ionizing radiation, therapeutic	5364
ultrasound, or the removal of intraocular foreign bodies.	5365
"Operation" does not include the administration of medication by	5366
injection, unless the injection is administered in conjunction	5367
with a procedure infiltrating human tissue by mechanical means	5368
other than the administration of medicine by injection.	5369

(8) "Nonprofit shelter or health care facility" means a	5370
charitable nonprofit corporation organized and operated pursuant	5371
to Chapter 1702. of the Revised Code, or any charitable	5372
organization not organized and not operated for profit, that	5373
provides shelter, health care services, or shelter and health care	5374
services to indigent and uninsured persons, except that "shelter	5375
or health care facility" does not include a hospital as defined in	5376
section 3727.01 of the Revised Code, a facility licensed under	5377
Chapter 3721. of the Revised Code, or a medical facility that is	5378
operated for profit.	5379

(9) "Tort action" means a civil action for damages for	5380
injury, death, or loss to person or property other than a civil	5381
action for damages for a breach of contract or another agreement	5382
between persons or government entities.	5383

(10) "Volunteer" means an individual who provides any	5384
medical, dental, or other health-care related diagnosis, care, or	5385
treatment without the expectation of receiving and without receipt	5386
of any compensation or other form of remuneration from an indigent	5387
and uninsured person, another person on behalf of an indigent and	5388
uninsured person, any shelter or health care facility, or any	5389
other person or government entity.	5390

(11) "Community control sanction" has the same meaning as in	5391
section 2929.01 of the Revised Code.	5392

(B)(1) Subject to divisions (E) and (F)(3) of this section,	5393
a health care professional who is a volunteer and complies with	5394
division (B)(2) of this section is not liable in damages to any	5395
person or government entity in a tort or other civil action,	5396
including an action on a medical, dental, chiropractic,	5397
optometric, or other health-related claim, for injury, death, or	5398
loss to person or property that allegedly arises from an action or	5399
omission of the volunteer in the provision at a nonprofit shelter	5400
or health care facility to an indigent and uninsured person of	5401
medical, dental, or other health-related diagnosis, care, or	5402
treatment, including the provision of samples of medicine and	5403
other medical products, unless the action or omission constitutes	5404
willful or wanton misconduct.	5405

(2) To qualify for the immunity described in division (B)(1)	5406
of this section, a health care professional shall do all of the	5407
following prior to providing diagnosis, care, or treatment:	5408

(a) Determine, in good faith, that the indigent and	5409
uninsured person is mentally capable of giving informed consent to	5410
the provision of the diagnosis, care, or treatment and is not	5411
subject to duress or under undue influence;	5412

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

5413

(c) Obtain the informed consent of the person and a written	5414
waiver, signed by the person or by another individual on behalf of	5415
and in the presence of the person, that states that the person is	5416
mentally competent to give informed consent and, without being	5417
subject to duress or under undue influence, gives informed consent	5418
to the provision of the diagnosis, care, or treatment subject to	5419
the provisions of this section.	5420

(3) A physician or podiatrist who is not covered by medical	5421
malpractice insurance, but complies with division (B)(2) of this	5422
section, is not required to comply with division (A) of section	5423
4731.143 of the Revised Code.	5424

(C) Subject to divisions (E) and (F)(3) of this section,	5425
health care workers who are volunteers are not liable in damages	5426
to any person or government entity in a tort or other civil	5427
action, including an action upon a medical, dental, chiropractic,	5428
optometric, or other health-related claim, for injury, death, or	5429
loss to person or property that allegedly arises from an action or	5430
omission of the health care worker in the provision at a nonprofit	5431
shelter or health care facility to an indigent and uninsured	5432
person of medical, dental, or other health-related diagnosis,	5433
care, or treatment, unless the action or omission constitutes	5434
willful or wanton misconduct.	5435

(D) Subject to divisions (E) and (F)(3) of this section and	5436
section 3701.071 of the Revised Code, a nonprofit shelter or	5437
health care facility associated with a health care professional	5438
described in division (B)(1) of this section or a health care	5439
worker described in division (C) of this section is not liable in	5440
damages to any person or government entity in a tort or other	5441
civil action, including an action on a medical, dental,	5442
chiropractic, optometric, or other health-related claim, for	5443
injury, death, or loss to person or property that allegedly arises	5444
from an action or omission of the health care professional or	5445
worker in providing for the shelter or facility medical, dental,	5446
or other health-related diagnosis, care, or treatment to an	5447
indigent and uninsured person, unless the action or omission	5448
constitutes willful or wanton misconduct.	5449

(E)(1) Except as provided in division (E)(2) of this	5450
section, the immunities provided by divisions (B), (C), and (D) of	5451
this section are not available to an individual or to a nonprofit	5452
shelter or health care facility if, at the time of an alleged	5453
injury, death, or loss to person or property, the individuals	5454
involved are providing one of the following:	5455

(a) Any medical, dental, or other health-related diagnosis,	5456
care, or treatment pursuant to a community service work order	5457
entered by a court under division (F)(B) of section 2951.02 of the	5458
Revised Code as a condition of probation or other suspension of a	5459
term of imprisonment or imposed by a court as a community control	5460
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	5461
Code.;	5462

(b) Performance of an operation.;

5463

(c) Delivery of a baby.

5464

(2) Division (E)(1) of this section does not apply to an	5465
individual who provides, or a nonprofit shelter or health care	5466
facility at which the individual provides, diagnosis, care, or	5467
treatment that is necessary to preserve the life of a person in a	5468
medical emergency.	5469

(F)(1) This section does not create a new cause of action or	5470
substantive legal right against a health care professional, health	5471
care worker, or nonprofit shelter or health care facility.	5472

(2) This section does not affect any immunities from civil	5473
liability or defenses established by another section of the	5474
Revised Code or available at common law to which an individual or	5475
a nonprofit shelter or health care facility may be entitled in	5476
connection with the provision of emergency or other diagnosis,	5477
care, or treatment.	5478

(3) This section does not grant an immunity from tort or	5479
other civil liability to an individual or a nonprofit shelter or	5480
health care facility for actions that are outside the scope of	5481
authority of health care professionals or health care workers.	5482

(4) This section does not affect any legal responsibility of	5483
a health care professional or health care worker to comply with	5484
any applicable law of this state or rule of an agency of this	5485
state.	5486

(5) This section does not affect any legal responsibility of	5487
a nonprofit shelter or health care facility to comply with any	5488
applicable law of this state, rule of an agency of this state, or	5489
local code, ordinance, or regulation that pertains to or regulates	5490
building, housing, air pollution, water pollution, sanitation,	5491
health, fire, zoning, or safety.	5492

Sec. 2901.02.  As used in the Revised Code:

5493

(A) Offenses include aggravated murder, murder, felonies of	5494
the first, second, third, fourth, and fifth degree, misdemeanors	5495
of the first, second, third, and fourth degree, minor	5496
misdemeanors, and offenses not specifically classified.	5497

(B) Aggravated murder when the indictment or the count in	5498
the indictment charging aggravated murder contains one or more	5499
specifications of aggravating circumstances listed in division (A)	5500
of section 2929.04 of Revised Code, and any other offense for	5501
which death may be imposed as a penalty, is a capital offense.	5502

(C) Aggravated murder and murder are felonies.

5503

(D) Regardless of the penalty that may be imposed, any	5504
offense specifically classified as a felony is a felony, and any	5505
offense specifically classified as a misdemeanor is a misdemeanor.	5506

(E) Any offense not specifically classified is a felony if	5507
imprisonment for more than one year may be imposed as a penalty.	5508

(F) Any offense not specifically classified is a misdemeanor	5509
if imprisonment for not more than one year may be imposed as a	5510
penalty.	5511

(G) Any offense not specifically classified is a minor	5512
misdemeanor if the only penalty that may be imposed is one of the	5513
following:	5514

(1) For an offense committed prior to the effective date of	5515
this amendment, a fine not exceeding one hundred dollars;	5516

(2) For an offense committed on or after the effective date	5517
of this amendment, a fine not exceeding one hundred fifty dollars,	5518
community service under division (C) of section 2929.27 of the	5519
Revised Code, or a financial sanction other than a fine under	5520
section 2929.28 of the Revised Code.	5521

Sec. 2903.13.  (A) No person shall knowingly cause or	5522
attempt to cause physical harm to another or to another's unborn.	5523

(B) No person shall recklessly cause serious physical harm	5524
to another or to another's unborn.	5525

(C) Whoever violates this section is guilty of assault.	5526
Except as otherwise provided in division (C)(1), (2), (3), (4),	5527
or (5) of this section, assault is a misdemeanor of the first	5528
degree.	5529

(1) Except as otherwise provided in this division, if the	5530
offense is committed by a caretaker against a functionally	5531
impaired person under the caretaker's care, assault is a felony of	5532
the fourth degree. If the offense is committed by a caretaker	5533
against a functionally impaired person under the caretaker's care,	5534
if the offender previously has been convicted of or pleaded guilty	5535
to a violation of this section or section 2903.11 or 2903.16 of	5536
the Revised Code, and if in relation to the previous conviction	5537
the offender was a caretaker and the victim was a functionally	5538
impaired person under the offender's care, assault is a felony of	5539
the third degree.	5540

(2) If the offense is committed in any of the following	5541
circumstances, assault is a felony of the fifth degree:	5542

(a) The offense occurs in or on the grounds of a state	5543
correctional institution or an institution of the department of	5544
youth services, the victim of the offense is an employee of the	5545
department of rehabilitation and correction, the department of	5546
youth services, or a probation department or is on the premises of	5547
the particular institution for business purposes or as a visitor,	5548
and the offense is committed by a person incarcerated in the state	5549
correctional institution, by a person institutionalized in the	5550
department of youth services institution pursuant to a commitment	5551
to the department of youth services, by a probationer or parolee,	5552
by an offender under transitional control, under a community	5553
control sanction, or on an escorted visit, by a person under	5554
post-release control, or by an offender under any other type of	5555
supervision by a government agency.	5556

(b) The offense occurs in or on the grounds of a local	5557
correctional facility, the victim of the offense is an employee of	5558
the local correctional facility or a probation department or is on	5559
the premises of the facility for business purposes or as a	5560
visitor, and the offense is committed by a person who is under	5561
custody in the facility subsequent to the person's arrest for any	5562
crime or delinquent act, subsequent to the person's being charged	5563
with or convicted of any crime, or subsequent to the person's	5564
being alleged to be or adjudicated a delinquent child.	5565

(c) The offense occurs off the grounds of a state	5566
correctional institution and off the grounds of an institution of	5567
the department of youth services, the victim of the offense is an	5568
employee of the department of rehabilitation and correction, the	5569
department of youth services, or a probation department, the	5570
offense occurs during the employee's official work hours and while	5571
the employee is engaged in official work responsibilities, and the	5572
offense is committed by a person incarcerated in a state	5573
correctional institution or institutionalized in the department of	5574
youth services who temporarily is outside of the institution for	5575
any purpose, by a probationer or parolee, by an offender under	5576
transitional control, under a community control sanction, or on an	5577
escorted visit, by a person under post-release control, or by an	5578
offender under any other type of supervision by a government	5579
agency.	5580

(d) The offense occurs off the grounds of a local	5581
correctional facility, the victim of the offense is an employee of	5582
the local correctional facility or a probation department, the	5583
offense occurs during the employee's official work hours and while	5584
the employee is engaged in official work responsibilities, and the	5585
offense is committed by a person who is under custody in the	5586
facility subsequent to the person's arrest for any crime or	5587
delinquent act, subsequent to the person being charged with or	5588
convicted of any crime, or subsequent to the person being alleged	5589
to be or adjudicated a delinquent child and who temporarily is	5590
outside of the facility for any purpose or by a probationer or	5591
parolee, by an offender under transitional control, under a	5592
community control sanction, or on an escorted visit, by a person	5593
under post-release control, or by an offender under any other type	5594
of supervision by a government agency.	5595

(e) The victim of the offense is a school teacher or	5596
administrator or a school bus operator, and the offense occurs in	5597
a school, on school premises, in a school building, on a school	5598
bus, or while the victim is outside of school premises or a school	5599
bus and is engaged in duties or official responsibilities	5600
associated with the victim's employment or position as a school	5601
teacher or administrator or a school bus operator, including, but	5602
not limited to, driving, accompanying, or chaperoning students at	5603
or on class or field trips, athletic events, or other school	5604
extracurricular activities or functions outside of school	5605
premises.	5606

(3) If the victim of the offense is a peace officer, a	5607
firefighter, or a person performing emergency medical service,	5608
while in the performance of their official duties, assault is a	5609
felony of the fourth degree.	5610

(4) If the victim of the offense is a peace officer and if	5611
the victim suffered serious physical harm as a result of the	5612
commission of the offense, assault is a felony of the fourth	5613
degree, and the court, pursuant to division (F) of section 2929.13	5614
of the Revised Code, shall impose as a mandatory prison term one	5615
of the prison terms prescribed for a felony of the fourth degree	5616
that is at least twelve months in duration.	5617

(5) If the victim of the offense is an officer or employee	5618
of a public children services agency or a private child placing	5619
agency and the offense relates to the officer's or employee's	5620
performance or anticipated performance of official	5621
responsibilities or duties, assault is either a felony of the	5622
fifth degree or, if the offender previously has been convicted of	5623
or pleaded guilty to an offense of violence, the victim of that	5624
prior offense was an officer or employee of a public children	5625
services agency or private child placing agency, and that prior	5626
offense related to the officer's or employee's performance or	5627
anticipated performance of official responsibilities or duties, a	5628
felony of the fourth degree.	5629

(D) As used in this section:

5630

(1) "Peace officer" has the same meaning as in section	5631
2935.01 of the Revised Code.	5632

(2) "Firefighter" has the same meaning as in section 3937.41	5633
of the Revised Code.	5634

(3) "Emergency medical service" has the same meaning as in	5635
section 4765.01 of the Revised Code.	5636

(4) "Local correctional facility" means a county,	5637
multicounty, municipal, municipal-county, or multicounty-municipal	5638
jail or workhouse, a minimum security jail established under	5639
section 341.23 or 753.21 of the Revised Code, or another county,	5640
multicounty, municipal, municipal-county, or multicounty-municipal	5641
facility used for the custody of persons arrested for any crime or	5642
delinquent act, persons charged with or convicted of any crime, or	5643
persons alleged to be or adjudicated a delinquent child.	5644

(5) "Employee of a local correctional facility" means a	5645
person who is an employee of the political subdivision or of one	5646
or more of the affiliated political subdivisions that operates the	5647
local correctional facility and who operates or assists in the	5648
operation of the facility.	5649

(6) "School teacher or administrator" means either of the	5650
following:	5651

(a) A person who is employed in the public schools of the	5652
state under a contract described in section 3319.08 of the Revised	5653
Code in a position in which the person is required to have a	5654
certificate issued pursuant to sections 3319.22 to 3319.311 of the	5655
Revised Code.	5656

(b) A person who is employed by a nonpublic school for which	5657
the state board of education prescribes minimum standards under	5658
section 3301.07 of the Revised Code and who is certificated in	5659
accordance with section 3301.071 of the Revised Code.	5660

(7) "Community control sanction" has the same meaning as in	5661
section 2929.01 of the Revised Code.	5662

(8) "Escorted visit" means an escorted visit granted under	5663
section 2967.27 of the Revised Code.	5664

(9) "Post-release control" and "transitional control" have	5665
the same meanings as in section 2967.01 of the Revised Code.	5666

Sec. 2905.12.  (A) No person, with purpose to coerce another	5667
into taking or refraining from action concerning which hethe	5668
other person has a legal freedom of choice, shall do any of the	5669
following:	5670

(1) Threaten to commit any offense;

5671

(2) Utter or threaten any calumny against any person;

5672

(3) Expose or threaten to expose any matter tending to	5673
subject any person to hatred, contempt, or ridicule, or to damage	5674
hisany person's personal or business repute, or to impair hisany	5675
person's credit;	5676

(4) Institute or threaten criminal proceedings against any	5677
person;	5678

(5) Take or, withhold, or threaten to take or withhold	5679
official action, or cause or threaten to cause official action to	5680
be taken or withheld.	5681

(B) Divisions (A)(4) and (5) of this section shall not be	5682
construed to prohibit a prosecutor or court from doing any of the	5683
following in good faith and in the interests of justice:	5684

(1) Offering or agreeing to grant, or granting immunity from	5685
prosecution pursuant to section 2945.44 of the Revised Code;	5686

(2) In return for a plea of guilty to one or more offenses	5687
charged or to one or more other or lesser offenses, or in return	5688
for the testimony of the accused in a case to which hethe accused	5689
is not a party, offering or agreeing to dismiss, or dismissing one	5690
or more charges pending against an accused, or offering or	5691
agreeing to impose, or imposing a certain sentence or modification	5692
of sentence;	5693

(3) Imposing probationa community control sanction on	5694
certain conditions, including without limitation requiring the	5695
offender to make restitution or redress to the victim of histhe	5696
offense.	5697

(C) It is an affirmative defense to a charge under division	5698
(A)(3), (4), or (5) of this section that the actor's conduct was a	5699
reasonable response to the circumstances whichthat occasioned it,	5700
and that histhe actor's purpose was limited to any of the	5701
following:	5702

(1) Compelling another to refrain from misconduct or to	5703
desist from further misconduct;	5704

(2) Preventing or redressing a wrong or injustice;

5705

(3) Preventing another from taking action for which the	5706
actor reasonably believed suchthe other person to be	5707
disqualified;	5708

(4) Compelling another to take action whichthat the actor	5709
reasonably believed suchthe other person to be under a duty to	5710
take.	5711

(D) Whoever violates this section is guilty of coercion, a	5712
misdemeanor of the second degree.	5713

(E) As used in this section, "threat:

5714

(1) "Threat" includes a direct threat and a threat by	5715
innuendo.	5716

(2)"Community control sanction" has the same meaning as in	5717
section 2929.01 of the Revised Code.	5718

Sec. 2907.01.  As used in sections 2907.01 to 2907.37 of the	5719
Revised Code:	5720

(A) "Sexual conduct" means vaginal intercourse between a	5721
male and female; anal intercourse, fellatio, and cunnilingus	5722
between persons regardless of sex; and, without privilege to do	5723
so, the insertion, however slight, of any part of the body or any	5724
instrument, apparatus, or other object into the vaginal or anal	5725
cavity of another. Penetration, however slight, is sufficient to	5726
complete vaginal or anal intercourse.	5727

(B) "Sexual contact" means any touching of an erogenous zone	5728
of another, including without limitation the thigh, genitals,	5729
buttock, pubic region, or, if the person is a female, a breast,	5730
for the purpose of sexually arousing or gratifying either person.	5731

(C) "Sexual activity" means sexual conduct or sexual	5732
contact, or both.	5733

(D) "Prostitute" means a male or female who promiscuously	5734
engages in sexual activity for hire, regardless of whether the	5735
hire is paid to the prostitute or to another.	5736

(E) Any material or performance is "harmful"Harmful to	5737
juveniles," if it is offensive to prevailing standards in the	5738
adult community with respect to what is suitable for juveniles,	5739
and if anymeans that quality of any material or performance	5740
describing or representing nudity, sexual conduct, sexual	5741
excitement, or sado-masochistic abuse in any form to which all of	5742
the following apply:	5743

(1) It tends to appealThe material or performance, when	5744
considered as a whole, appeals to the prurient interest in sex of	5745
juveniles;.	5746

(2) It contains a display, description, or representation of	5747
sexual activity, masturbation, sexual excitement, or nudity;	5748

(3) It contains a display, description, or representation of	5749
bestiality or extreme or bizarre violence, cruelty, or brutality;	5750

(4) It contains a display, description, or representation of	5751
human bodily functions of elimination;	5752

(5) It makes repeated use of foul language;

5753

(6) It contains a display, description, or representation in	5754
lurid detail of the violent physical torture, dismemberment,	5755
destruction, or death of a human being;	5756

(7) It contains a display, description, or representation of	5757
criminal activity that tends to glorify or glamorize the activity,	5758
and that, with respect to juveniles, has a dominant tendency to	5759
corruptThe material or performance is patently offensive to	5760
prevailing standards in the adult community as a whole with	5761
respect to what is suitable for juveniles.	5762

(3) The material or performance, when considered as a whole,	5763
lacks serious literary, artistic, political, and scientific value	5764
for juveniles.	5765

(F) When considered as a whole, and judged with reference to	5766
ordinary adults or, if it is designed for sexual deviates or other	5767
specially susceptible group, judged with reference to that group,	5768
any material or performance is "obscene" if any of the following	5769
apply:	5770

(1) Its dominant appeal is to prurient interest;

5771

(2) Its dominant tendency is to arouse lust by displaying or	5772
depicting sexual activity, masturbation, sexual excitement, or	5773
nudity in a way that tends to represent human beings as mere	5774
objects of sexual appetite;	5775

(3) Its dominant tendency is to arouse lust by displaying or	5776
depicting bestiality or extreme or bizarre violence, cruelty, or	5777
brutality;	5778

(4) Its dominant tendency is to appeal to scatological	5779
interest by displaying or depicting human bodily functions of	5780
elimination in a way that inspires disgust or revulsion in persons	5781
with ordinary sensibilities, without serving any genuine	5782
scientific, educational, sociological, moral, or artistic purpose;	5783

(5) It contains a series of displays or descriptions of	5784
sexual activity, masturbation, sexual excitement, nudity,	5785
bestiality, extreme or bizarre violence, cruelty, or brutality, or	5786
human bodily functions of elimination, the cumulative effect of	5787
which is a dominant tendency to appeal to prurient or scatological	5788
interest, when the appeal to such an interest is primarily for its	5789
own sake or for commercial exploitation, rather than primarily for	5790
a genuine scientific, educational, sociological, moral, or	5791
artistic purpose.	5792

(G) "Sexual excitement" means the condition of human male or	5793
female genitals when in a state of sexual stimulation or arousal.	5794

(H) "Nudity" means the showing, representation, or depiction	5795
of human male or female genitals, pubic area, or buttocks with	5796
less than a full, opaque covering, or of a female breast with less	5797
than a full, opaque covering of any portion thereof below the top	5798
of the nipple, or of covered male genitals in a discernibly turgid	5799
state.	5800

(I) "Juvenile" means an unmarried person under the age of	5801
eighteen.	5802

(J) "Material" means one of the following:

5803

(1)(a) As used in section 2907.311 of the Revised Code and	5804
in the portions of section 2907.31 of the Revised Code that	5805
pertain to materials that are harmful to juveniles but not	5806
obscene, "material" means any book, magazine, newspaper, pamphlet,	5807
poster, print, picture, figure, image, description, motion picture	5808
film, phonographic record, tape, or other tangible thing capable	5809
of arousing interest through sight, sound, or touch and, except as	5810
provided in division (J)(1)(b) of this section, includes an image	5811
or text appearing on a computer monitor or on a television screen,	5812
liquid crystal display, or similar display device used as a	5813
computer monitor or an image or text recorded on a computer hard	5814
disk, computer floppy disk, magnetic tape, or similar storage	5815
device.	5816

(b) As used in section 2907.311 of the Revised Code and in	5817
the portions of section 2907.31 of the Revised Code that pertain	5818
to materials that are harmful to juveniles but not obscene, both	5819
of the following apply:	5820

(i) Except as otherwise provided in division (J)(1)(b)(ii) of	5821
this section, "material" does not include an image or text that	5822
appears on a computer monitor or on a television screen, liquid	5823
crystal display, or similar display device used as a computer	5824
monitor while the monitor, screen, display, or device is actively	5825
connected to a web site on the internet.	5826

(ii) "Material" includes an image or text that appears on a	5827
computer monitor or on a television screen, liquid crystal	5828
display, or similar display device used as a computer monitor	5829
while the monitor, screen, display, or device is actively	5830
connected to a web site on the internet if the image or text is	5831
contained in an e-mail message or if the image or text is so	5832
appearing on the monitor, screen, display, or device during a	5833
direct presentation to a specific, known juvenile or group of	5834
known juveniles. The image or text is "material" under this	5835
division only regarding the application of section 2907.311 of the	5836
Revised Code and the portions of section 2907.31 of the Revised	5837
Code that pertain to materials that are harmful to juveniles but	5838
not obscene to the person who sends the e-mail message or who	5839
directly presents the image or text to the specific, known	5840
juvenile or group of known juveniles.	5841

(2) As used in all provisions of sections 2907.01 to 2907.37	5842
of the Revised Code that are not identified in division (J)(1) of	5843
this section, "material" means any book, magazine, newspaper,	5844
pamphlet, poster, print, picture, figure, image, description,	5845
motion picture film, phonographic record, or tape, or other	5846
tangible thing capable of arousing interest through sight, sound,	5847
or touch and includes an image or text appearing on a computer	5848
monitor, television screen, liquid crystal display, or similar	5849
display device or an image or text recorded on a computer hard	5850
disk, computer floppy disk, compact disk, magnetic tape, or	5851
similar data storage device.	5852

(K) "Performance" means any motion picture, preview,	5853
trailer, play, show, skit, dance, or other exhibition performed	5854
before an audience.	5855

(L) "Spouse" means a person married to an offender at the	5856
time of an alleged offense, except that such person shall not be	5857
considered the spouse when any of the following apply:	5858

(1) When the parties have entered into a written separation	5859
agreement authorized by section 3103.06 of the Revised Code;	5860

(2) During the pendency of an action between the parties for	5861
annulment, divorce, dissolution of marriage, or legal separation;	5862

(3) In the case of an action for legal separation, after the	5863
effective date of the judgment for legal separation.	5864

(M) "Minor" means a person under the age of eighteen.

5865

(N) "Mental health client or patient" has the same meaning as	5866
in section 2305.51 of the Revised Code.	5867

(O) "Mental health professional" has the same meaning as in	5868
section 2305.115 of the Revised Code.	5869

(P) "Sado-masochistic abuse" means flagellation or torture by	5870
or upon a person or the condition of being fettered, bound, or	5871
otherwise physically restrained.	5872

Sec. 2907.15.  (A) As used in this section:

5873

(1) "Public retirement system" means the public employees	5874
retirement system, state teachers retirement system, school	5875
employees retirement system, Ohio police and fire pension fund,	5876
state highway patrol retirement system, or a municipal retirement	5877
system of a municipal corporation of this state.	5878

(2) "Government deferred compensation program" means such a	5879
program offered by the Ohio public employees deferred compensation	5880
board; a municipal corporation; or a governmental unit, as defined	5881
in section 148.06 of the Revised Code.	5882

(3) "Deferred compensation program participant" means a	5883
"participating employee" or "continuing member," as defined in	5884
section 148.01 of the Revised Code, or any other public employee	5885
who has funds in a government deferred compensation program.	5886

(4) "Alternative retirement plan" means an aternative	5887
alternative retirement plan provided pursuant to Chapter 3305. of	5888
the Revised Code.	5889

(5) "Prosecutor" has the same meaning as in section 2935.01	5890
of the Revised Code.	5891

In any case in which a sentencing court orders restitution to	5892
the victim under section 2929.18 or 2929.28 of the Revised Code	5893
for a violation of section 2907.02, 2907.03, 2907.04, or 2907.05	5894
of the Revised Code and in which the offender is a government	5895
deferred compensation program participant, is an electing	5896
employee, as defined in section 3305.01 of the Revised Code, or is	5897
a member of, or receiving a pension, benefit, or allowance, other	5898
than a survivorship benefit, from, a public retirement system and	5899
committed the offense against a child, student, patient, or other	5900
person with whom the offender had contact in the context of the	5901
offender's public employment, at the request of the victim the	5902
prosecutor shall file a motion with the sentencing court	5903
specifying the government deferred compensation program,	5904
alternative retirement plan, or public retirement system and	5905
requesting that the court issue an order requiring the government	5906
deferred compensation program, alternative retirement plan, or	5907
public retirement system to withhold the amount required as	5908
restitution from one or more of the following: any payment to be	5909
made from a government deferred compensation program, any payment	5910
or benefit under an alternative retirement plan, or under a	5911
pension, annuity, allowance, or any other benefit, other than a	5912
survivorship benefit, that has been or is in the future granted to	5913
the offender; from any payment of accumulated employee	5914
contributions standing to the offender's credit with the	5915
government deferred compensation program, alternative retirement	5916
plan, or public retirement system; or from any payment of any	5917
other amounts to be paid to the offender pursuant to Chapter 145.,	5918
148., 742., 3307., 3309., or 5505. of the Revised Code on	5919
withdrawal of contributions. The motion may be filed at any time	5920
subsequent to the conviction of the offender or entry of a guilty	5921
plea. On the filing of the motion, the clerk of the court in	5922
which the motion is filed shall notify the offender and the	5923
government deferred compensation program, alternative retirement	5924
plan, or public retirement system, in writing, of all of the	5925
following: that the motion was filed; that the offender will be	5926
granted a hearing on the issuance of the requested order if the	5927
offender files a written request for a hearing with the clerk	5928
prior to the expiration of thirty days after the offender receives	5929
the notice; that, if a hearing is requested, the court will	5930
schedule a hearing as soon as possible and notify the offender and	5931
the government deferred compensation program, alternative	5932
retirement plan, or public retirement system of the date, time,	5933
and place of the hearing; that, if a hearing is conducted, it will	5934
be limited to a consideration of whether the offender can show	5935
good cause why the order should not be issued; that, if a hearing	5936
is conducted, the court will not issue the order if the court	5937
determines, based on evidence presented at the hearing by the	5938
offender, that there is good cause for the order not to be issued;	5939
that the court will issue the order if a hearing is not requested	5940
or if a hearing is conducted but the court does not determine,	5941
based on evidence presented at the hearing by the offender, that	5942
there is good cause for the order not to be issued; and that, if	5943
the order is issued, the government deferred compensation program,	5944
alternative retirement plan, or public retirement system specified	5945
in the motion will be required to withhold the amount required as	5946
restitution from payments to the offender.	5947

(B) In any case in which a motion requesting the issuance of	5948
a withholding order as described in division (A) of this section	5949
is filed, the offender may receive a hearing on the motion by	5950
delivering a written request for a hearing to the court prior to	5951
the expiration of thirty days after the offender's receipt of the	5952
notice provided pursuant to division (A) of this section. If the	5953
offender requests a hearing within the prescribed time, the court	5954
shall schedule a hearing as soon as possible after the request is	5955
made and notify the offender and the government deferred	5956
compensation program, alternative retirement plan, or public	5957
retirement system of the date, time, and place of the hearing. A	5958
hearing scheduled under this division shall be limited to a	5959
consideration of whether there is good cause, based on evidence	5960
presented by the offender, for the requested order not to be	5961
issued. If the court determines, based on evidence presented by	5962
the offender, that there is good cause for the order not to be	5963
issued, the court shall deny the motion and shall not issue the	5964
order. Good cause for not issuing the order includes a	5965
determination by the court that the order would severely impact	5966
the offender's ability to support the offender's dependents.	5967

If the offender does not request a hearing within the	5968
prescribed time or the court conducts a hearing but does not	5969
determine, based on evidence presented by the offender, that there	5970
is good cause for the order not to be issued, the court shall	5971
order the government deferred compensation program, alternative	5972
retirement plan, or public retirement system to withhold the	5973
amount required as restitution from one or more of the following:	5974
any payments to be made from a government deferred compensation	5975
program, any payment or benefit under an alternative retirement	5976
plan, or under a pension, annuity, allowance, or under any other	5977
benefit, other than a survivorship benefit, that has been or is in	5978
the future granted to the offender; from any payment of	5979
accumulated employee contributions standing to the offender's	5980
credit with the government deferred compensation program,	5981
alternative retirement plan, or public retirement system; or from	5982
any payment of any other amounts to be paid to the offender upon	5983
withdrawal of contributions pursuant to Chapter 145., 148., 742.,	5984
3307., 3309., or 5505. of the Revised Code and to continue the	5985
withholding for that purpose, in accordance with the order, out of	5986
each payment to be made on or after the date of issuance of the	5987
order, until further order of the court. On receipt of an order	5988
issued under this division, the government deferred compensation	5989
program, alternative retirement plan, or public retirement system	5990
shall withhold the amount required as restitution, in accordance	5991
with the order, from any such payments and immediately forward the	5992
amount withheld to the clerk of the court in which the order was	5993
issued for payment to the person to whom restitution is to be	5994
made. The order shall not apply to any portion of payments made	5995
from a government deferred compensation program, alternative	5996
retirement plan, or public retirement system to a person other	5997
than the offender pursuant to a previously issued domestic court	5998
order.	5999

(C) Service of a notice required by division (A) or (B) of	6000
this section shall be effected in the same manner as provided in	6001
the Rules of Civil Procedure for the service of process.	6002

(D) Upon the filing of charges under section 2907.02,	6003
2907.03, 2907.04, or 2907.05 of the Revised Code against a person	6004
who is a deferred compensation program participant, an electing	6005
employee participating in an alternative retirement plan, or a	6006
member of, or receiving a pension benefit, or allowance, other	6007
than a survivorship benefit, from a public retirement system for	6008
an offense against a child, student, patient, or other person with	6009
whom the offender had contact in the context of the offender's	6010
public employment, the prosecutor shall send written notice that	6011
charges have been filed against that person to the appropriate	6012
government deferred compensation program, alternative retirement	6013
plan, or public retirement system. The notice shall specifically	6014
identify the person charged.	6015

Sec. 2907.27.  (A)(1) If a person is charged with a	6016
violation of section 2907.02, 2907.03, 2907.04, 2907.24, 2907.241,	6017
or 2907.25 of the Revised Code or with a violation of a municipal	6018
ordinance that is substantially equivalent to any of those	6019
sections, the arresting authorities or a court, upon the request	6020
of the prosecutor in the case or upon the request of the victim,	6021
shall cause the accused to submit to one or more appropriate tests	6022
to determine if the accused is suffering from a venereal disease.	6023

(2) If the accused is found to be suffering from a venereal	6024
disease in an infectious stage, the accused shall be required to	6025
submit to medical treatment for that disease. The cost of the	6026
medical treatment shall be charged to and paid by the accused who	6027
undergoes the treatment. If the accused is indigent, the court	6028
shall order the accused to report to a facility operated by a city	6029
health district or a general health district for treatment. If	6030
the accused is convicted of or pleads guilty to the offense with	6031
which the accused is charged and is placed on probationunder a	6032
community control sanction, a condition of probationcommunity	6033
control shall be that the offender submit to and faithfully follow	6034
a course of medical treatment for the venereal disease. If the	6035
offender does not seek the required medical treatment, the court	6036
may revoke the offender's probationcommunity control and order	6037
the offender to undergo medical treatment during the period of the	6038
offender's incarceration and to pay the cost of that treatment.	6039

(B)(1)(a) Notwithstanding the requirements for informed	6040
consent in section 3701.242 of the Revised Code, if a person is	6041
charged with a violation of division (B) of section 2903.11 or of	6042
section 2907.02, 2907.03, 2907.04, 2907.05, 2907.12, 2907.24,	6043
2907.241, or 2907.25 of the Revised Code or with a violation of a	6044
municipal ordinance that is substantially equivalent to that	6045
division or any of those sections, the court, upon the request of	6046
the prosecutor in the case, upon the request of the victim, or	6047
upon the request of any other person whom the court reasonably	6048
believes had contact with the accused in circumstances related to	6049
the violation that could have resulted in the transmission to that	6050
person of a virus that causes acquired immunodeficiency syndrome,	6051
shall cause the accused to submit to one or more tests designated	6052
by the director of health under section 3701.241 of the Revised	6053
Code to determine if the accused is a carrier of a virus that	6054
causes acquired immunodeficiency syndrome. The court, upon the	6055
request of the prosecutor in the case, upon the request of the	6056
victim with the agreement of the prosecutor, or upon the request	6057
of any other person with the agreement of the prosecutor, may	6058
cause an accused who is charged with a violation of any other	6059
section of the Revised Code or with a violation of any other	6060
municipal ordinance to submit to one or more tests so designated	6061
by the director of health if the circumstances of the violation	6062
indicate probable cause to believe that the accused, if the	6063
accused is infected with the virus that causes acquired	6064
immunodeficiency syndrome, might have transmitted the virus to any	6065
of the following persons in committing the violation:	6066

(i) In relation to a request made by the prosecuting	6067
attorney, to the victim or to any other person;	6068

(ii) In relation to a request made by the victim, to the	6069
victim making the request;	6070

(iii) In relation to a request made by any other person, to	6071
the person making the request.	6072

(b) The results of a test performed under division (B)(1)(a)	6073
of this section shall be communicated in confidence to the court,	6074
and the court shall inform the accused of the result. The court	6075
shall inform the victim that the test was performed and that the	6076
victim has a right to receive the results on request. If the test	6077
was performed upon the request of a person other than the	6078
prosecutor in the case and other than the victim, the court shall	6079
inform the person who made the request that the test was performed	6080
and that the person has a right to receive the results upon	6081
request. Additionally, regardless of who made the request that	6082
was the basis of the test being performed, if the court reasonably	6083
believes that, in circumstances related to the violation, a person	6084
other than the victim had contact with the accused that could have	6085
resulted in the transmission of the virus to that person, the	6086
court may inform that person that the test was performed and that	6087
the person has a right to receive the results of the test on	6088
request. If the accused tests positive for a virus that causes	6089
acquired immunodeficiency syndrome, the test results shall be	6090
reported to the department of health in accordance with section	6091
3701.24 of the Revised Code and to the sheriff, head of the state	6092
correctional institution, or other person in charge of any jail or	6093
prison in which the accused is incarcerated. If the accused tests	6094
positive for a virus that causes acquired immunodeficiency	6095
syndrome and the accused was charged with, and was convicted of or	6096
pleaded guilty to, a violation of section 2907.24, 2907.241, or	6097
2907.25 of the Revised Code or a violation of a municipal	6098
ordinance that is substantially equivalent to any of those	6099
sections, the test results also shall be reported to the law	6100
enforcement agency that arrested the accused, and the law	6101
enforcement agency may use the test results as the basis for any	6102
future charge of a violation of division (B) of any of those	6103
sections or a violation of a municipal ordinance that is	6104
substantially equivalent to division (B) of any of those sections.	6105
No other disclosure of the test results or the fact that a test	6106
was performed shall be made, other than as evidence in a grand	6107
jury proceeding or as evidence in a judicial proceeding in	6108
accordance with the Rules of Evidence. If the test result is	6109
negative, and the charge has not been dismissed or if the accused	6110
has been convicted of the charge or a different offense arising	6111
out of the same circumstances as the offense charged, the court	6112
shall order that the test be repeated not earlier than three	6113
months nor later than six months after the original test.	6114

(2) If an accused who is free on bond refuses to submit to a	6115
test ordered by the court pursuant to division (B)(1) of this	6116
section, the court may order that the accused's bond be revoked	6117
and that the accused be incarcerated until the test is performed.	6118
If an accused who is incarcerated refuses to submit to a test	6119
ordered by the court pursuant to division (B)(1) of this section,	6120
the court shall order the person in charge of the jail or prison	6121
in which the accused is incarcerated to take any action necessary	6122
to facilitate the performance of the test, including the forcible	6123
restraint of the accused for the purpose of drawing blood to be	6124
used in the test.	6125

(3) A state agency, a political subdivision of the state, or	6126
an employee of a state agency or of a political subdivision of the	6127
state is immune from liability in a civil action to recover	6128
damages for injury, death, or loss to person or property allegedly	6129
caused by any act or omission in connection with the performance	6130
of the duties required under division (B)(2) of this section	6131
unless the acts or omissions are with malicious purpose, in bad	6132
faith, or in a wanton or reckless manner.	6133

(C) As used in this section, "community control sanction"	6134
has the same meaning as in section 2929.01 of the Revised Code.	6135

Sec. 2907.31.  (A) No person, with knowledge of its	6136
character or content, shall recklessly do any of the following:	6137

(1) SellDirectly sell, deliver, furnish, disseminate,	6138
provide, exhibit, rent, or present to a juvenile, a group of	6139
juveniles, a law enforcement officer posing as a juvenile, or a	6140
group of law enforcement officers posing as juveniles any material	6141
or performance that is obscene or harmful to juveniles;	6142

(2) OfferDirectly offer or agree to sell, deliver, furnish,	6143
disseminate, provide, exhibit, rent, or present to a juvenile, a	6144
group of juveniles, a law enforcement officer posing as a	6145
juvenile, or a group of law enforcement officers posing as	6146
juveniles any material or performance that is obscene or harmful	6147
to juveniles;	6148

(3) AllowWhile in the physical proximity of the juvenile or	6149
law enforcement officer posing as a juvenile, allow any juvenile	6150
or law enforcement officer posing as a juvenile to review or	6151
peruse any material or view any live performance that is harmful	6152
to juveniles.	6153

(B) The following are affirmative defenses to a charge under	6154
this section that involves material or a performance that is	6155
harmful to juveniles but not obscene:	6156

(1) The defendant is the parent, guardian, or spouse of the	6157
juvenile involved.	6158

(2) The juvenile involved, at the time of the conduct in	6159
question, was accompanied by the juvenile's parent or guardian	6160
who, with knowledge of its character, consented to the material or	6161
performance being furnished or presented to the juvenile.	6162

(3) The juvenile exhibited to the defendant or to the	6163
defendant's agent or employee a draft card, driver's license,	6164
birth record, marriage license, or other official or apparently	6165
official document purporting to show that the juvenile was	6166
eighteen years of age or over or married, and the person to whom	6167
that document was exhibited did not otherwise have reasonable	6168
cause to believe that the juvenile was under the age of eighteen	6169
and unmarried.	6170

(C)(1) It is an affirmative defense to a charge under this	6171
section, involving material or a performance that is obscene or	6172
harmful to juveniles, that the material or performance was	6173
furnished or presented for a bona fide medical, scientific,	6174
educational, governmental, judicial, or other proper purpose, by a	6175
physician, psychologist, sociologist, scientist, teacher,	6176
librarian, clergyman, prosecutor, judge, or other proper person.	6177

(2) Except as provided in division (B)(3) of this section,	6178
mistake of age is not a defense to a charge under this section.	6179

(D)(1) A person directly sells, delivers, furnishes,	6180
disseminates, provides, exhibits, rents, or presents or directly	6181
offers or agrees to sell, deliver, furnish, disseminate, provide,	6182
exhibit, rent, or present material or a performance to a juvenile,	6183
a group of juveniles, a law enforcement officer posing as a	6184
juvenile, or a group of law enforcement officers posing as	6185
juveniles in violation of this section by means of an electronic	6186
method of remotely transmitting information if the person knows or	6187
has reason to believe that the person receiving the information is	6188
a juvenile or the group of persons receiving the information are	6189
juveniles.	6190

(2) A person remotely transmitting information by means	6191
of a method of mass distribution does not directly sell, deliver,	6192
furnish, disseminate, provide, exhibit, rent, or present or	6193
directly offer or agree to sell, deliver, furnish, disseminate,	6194
provide, exhibit, rent, or present the material or performance in	6195
question to a juvenile, a group of juveniles, a law enforcement	6196
officer posing as a juvenile, or a group of law enforcement	6197
officers posing as juveniles in violation of this section if	6198
either of the following applies:	6199

(a) The person has inadequate information to know or have	6200
reason to believe that a particular recipient of the information	6201
or offer is a juvenile.	6202

(b) The method of mass distribution does not provide the	6203
person the ability to prevent a particular recipient from	6204
receiving the information.	6205

(E) If any provision of this section, or the application of	6206
any provision of this section to any person or circumstance, is	6207
held invalid, the invalidity does not affect other provisions or	6208
applications of this section or related sections that can be given	6209
effect without the invalid provision or application. To this end,	6210
the provisions are severable.	6211

(F) Whoever violates this section is guilty of	6212
disseminating matter harmful to juveniles. If the material or	6213
performance involved is harmful to juveniles, except as otherwise	6214
provided in this division, a violation of this section is a	6215
misdemeanor of the first degree. If the material or performance	6216
involved is obscene, except as otherwise provided in this	6217
division, a violation of this section is a felony of the fifth	6218
degree. If the material or performance involved is obscene and	6219
the juvenile to whom it is sold, delivered, furnished,	6220
disseminated, provided, exhibited, rented, or presented, the	6221
juvenile to whom the offer is made or who is the subject of the	6222
agreement, or the juvenile who is allowed to review, peruse, or	6223
view it is under thirteen years of age, violation of this section	6224
is a felony of the fourth degree.	6225

Sec. 2907.35.  (A) An owner or manager, or agent or	6226
employee of an owner or manager, of a bookstore, newsstand,	6227
theater, or other commercial establishment engaged in selling	6228
materials or exhibiting performances, who, in the course of	6229
business:	6230

(1) Possesses five or more identical or substantially	6231
similar obscene articles, having knowledge of their character, is	6232
presumed to possess them in violation of division (A)(5) of	6233
section 2907.32 of the Revised Code;	6234

(2) Does any of the acts prohibited by section 2907.31 or	6235
2907.32 of the Revised Code, is presumed to have knowledge of the	6236
character of the material or performance involved, if the owner,	6237
manager, or agent or employee of the owner or manager has actual	6238
notice of the nature of such material or performance, whether or	6239
not the owner, manager, or agent or employee of the owner or	6240
manager has precise knowledge of its contents.	6241

(B) Without limitation on the manner in which such notice	6242
may be given, actual notice of the character of material or a	6243
performance may be given in writing by the chief legal officer of	6244
the jurisdiction in which the person to whom the notice is	6245
directed does business. Such notice, regardless of the manner in	6246
which it is given, shall identify the sender, identify the	6247
material or performance involved, state whether it is obscene or	6248
harmful to juveniles, and bear the date of such notice.	6249

(C) Sections 2907.31 and 2907.32 of the Revised Code do not	6250
apply to a motion picture operator or projectionist acting within	6251
the scope of employment as an employee of the owner or manager of	6252
a theater or other place for the showing of motion pictures to the	6253
general public, and having no managerial responsibility or	6254
financial interest in the operator's or projectionist's place of	6255
employment, other than wages.	6256

(D)(1) Sections 2907.31, 2907.311, 2907.32, 2907.321,	6257
2907.322, 2907.323, and 2907.34 and division (A) of section	6258
2907.33 of the Revised Code do not apply to a person solely	6259
because the person provided access or connection to or from a	6260
computer facility, system, or networkan electronic method of	6261
remotely transferring information not under that person's control,	6262
including having provided transmission, downloading, intermediate	6263
storage, access software, or other related capabilities that are	6264
incidental to providing access or connection to or from a computer	6265
facility, system, or networkthe electronic method of remotely	6266
transferring the information, and that do not include the creation	6267
of the content of the material that is the subject of the access	6268
or connection.	6269

(2) Division (D)(1) of this section does not apply to a	6270
person who conspires with an entity actively involved in the	6271
creation or knowing distribution of material in violation of	6272
section 2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323,	6273
2907.33, or 2907.34 of the Revised Code or who knowingly	6274
advertises the availability of material of that nature.	6275

(3) Division (D)(1) of this section does not apply to a	6276
person who provides access or connection to a computer facility,	6277
system, or networkan electronic method of remotely transferring	6278
information that is engaged in the violation of section 2907.31,	6279
2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33, or	6280
2907.34 of the Revised Code and that contains content that person	6281
has selected and placed in or on the facility, system, or network	6282
introduced into the electronic method of remotely transferring	6283
information or content over which that person exercises editorial	6284
control.	6285

(E) An employer is not guilty of a violation of section	6286
2907.31, 2907.311, 2907.32, 2907.321, 2907.322, 2907.323, 2907.33,	6287
or 2907.34 of the Revised Code based on the actions of an employee	6288
or agent of the employer unless the employee's or agent's conduct	6289
is within the scope of employee's or agent's employment or agency,	6290
and the employer does either of the following:	6291

(1) With knowledge of the employee's or agent's conduct, the	6292
employer authorizes or ratifies the conduct.	6293

(2) The employer recklessly disregards the employee's or	6294
agent's conduct.	6295

(F) It is an affirmative defense to a charge under section	6296
2907.31 or 2907.311 of the Revised Code as the section applies to	6297
an image transmitted through the internet or another electronic	6298
method of remotely transmitting information that the person	6299
charged with violating the section has taken, in good faith,	6300
reasonable, effective, and appropriate actions under the	6301
circumstances to restrict or prevent access by juveniles to	6302
material that is harmful to juveniles, including any method that	6303
is feasible under available technology.	6304

(G) If any provision of this section, or the application of	6305
any provision of this section to any person or circumstance, is	6306
held invalid, the invalidity does not affect other provisions or	6307
applications of this section or related sections that can be given	6308
effect without the invalid provision or application. To this end,	6309
the provisions are severable.	6310

Sec. 2919.22.  (A) No person, who is the parent, guardian,	6311
custodian, person having custody or control, or person in loco	6312
parentis of a child under eighteen years of age or a mentally or	6313
physically handicapped child under twenty-one years of age, shall	6314
create a substantial risk to the health or safety of the child, by	6315
violating a duty of care, protection, or support. It is not a	6316
violation of a duty of care, protection, or support under this	6317
division when the parent, guardian, custodian, or person having	6318
custody or control of a child treats the physical or mental	6319
illness or defect of the child by spiritual means through prayer	6320
alone, in accordance with the tenets of a recognized religious	6321
body.	6322

(B) No person shall do any of the following to a child under	6323
eighteen years of age or a mentally or physically handicapped	6324
child under twenty-one years of age:	6325

(1) Abuse the child;

6326

(2) Torture or cruelly abuse the child;

6327

(3) Administer corporal punishment or other physical	6328
disciplinary measure, or physically restrain the child in a cruel	6329
manner or for a prolonged period, which punishment, discipline, or	6330
restraint is excessive under the circumstances and creates a	6331
substantial risk of serious physical harm to the child;	6332

(4) Repeatedly administer unwarranted disciplinary measures	6333
to the child, when there is a substantial risk that such conduct,	6334
if continued, will seriously impair or retard the child's mental	6335
health or development;	6336

(5) Entice, coerce, permit, encourage, compel, hire, employ,	6337
use, or allow the child to act, model, or in any other way	6338
participate in, or be photographed for, the production,	6339
presentation, dissemination, or advertisement of any material or	6340
performance that the offender knows or reasonably should know is	6341
obscene, is sexually oriented matter, or is nudity-oriented	6342
matter.	6343

(C)(1) No person shall operate a vehicle, streetcar, or	6344
trackless trolley within this state in violation of division (A)	6345
of section 4511.19 of the Revised Code when one or more children	6346
under eighteen years of age are in the vehicle, streetcar, or	6347
trackless trolley. Notwithstanding any other provision of law, a	6348
person may be convicted at the same trial or proceeding of a	6349
violation of this division and a violation of division (A) of	6350
section 4511.19 of the Revised Code that constitutes the basis of	6351
the charge of the violation of this division. For purposes of	6352
sections 4511.191 to 4511.197 of the Revised Code and all related	6353
provisions of law, a person arrested for a violation of this	6354
division shall be considered to be under arrest for operating a	6355
vehicle while under the influence of alcohol, a drug of abuse, or	6356
a combination of them or for operating a vehicle with a prohibited	6357
concentration of alcohol in the whole blood, blood serum or	6358
plasma, breath, or urine.	6359

(2) As used in division (C)(1) of this section, "vehicle,"	6360
"streetcar," and "trackless trolley" have the same meanings as in	6361
section 4511.01 of the Revised Code.	6362

(D)(1) Division (B)(5) of this section does not apply to any	6363
material or performance that is produced, presented, or	6364
disseminated for a bona fide medical, scientific, educational,	6365
religious, governmental, judicial, or other proper purpose, by or	6366
to a physician, psychologist, sociologist, scientist, teacher,	6367
person pursuing bona fide studies or research, librarian, member	6368
of the clergy, prosecutor, judge, or other person having a proper	6369
interest in the material or performance.	6370

(2) Mistake of age is not a defense to a charge under	6371
division (B)(5) of this section.	6372

(3) In a prosecution under division (B)(5) of this section,	6373
the trier of fact may infer that an actor, model, or participant	6374
in the material or performance involved is a juvenile if the	6375
material or performance, through its title, text, visual	6376
representation, or otherwise, represents or depicts the actor,	6377
model, or participant as a juvenile.	6378

(4) As used in this division and division (B)(5) of this	6379
section:	6380

(a) "Material," "performance," "obscene," and "sexual	6381
activity" have the same meanings as in section 2907.01 of the	6382
Revised Code.	6383

(b) "Nudity-oriented matter" means any material or	6384
performance that shows a minor in a state of nudity and that,	6385
taken as a whole by the average person applying contemporary	6386
community standards, appeals to prurient interest.	6387

(c) "Sexually oriented matter" means any material or	6388
performance that shows a minor participating or engaging in sexual	6389
activity, masturbation, or bestiality.	6390

(E)(1) Whoever violates this section is guilty of	6391
endangering children.	6392

(2) If the offender violates division (A) or (B)(1) of this	6393
section, endangering children is one of the following:	6394

(a) Except as otherwise provided in division (E)(2)(b), (c),	6395
or (d) of this section, a misdemeanor of the first degree;	6396

(b) If the offender previously has been convicted of an	6397
offense under this section or of any offense involving neglect,	6398
abandonment, contributing to the delinquency of, or physical abuse	6399
of a child, except as otherwise provided in division (E)(2)(c) or	6400
(d) of this section, a felony of the fourth degree;	6401

(c) If the violation is a violation of division (A) of this	6402
section and results in serious physical harm to the child	6403
involved, a felony of the third degree;	6404

(d) If the violation is a violation of division (B)(1) of	6405
this section and results in serious physical harm to the child	6406
involved, a felony of the second degree.	6407

(3) If the offender violates division (B)(2), (3), or (4) of	6408
this section, except as otherwise provided in this division,	6409
endangering children is a felony of the third degree. If the	6410
violation results in serious physical harm to the child involved,	6411
or if the offender previously has been convicted of an offense	6412
under this section or of any offense involving neglect,	6413
abandonment, contributing to the delinquency of, or physical abuse	6414
of a child, endangering children is a felony of the second degree.	6415

(4) If the offender violates division (B)(5) of this	6416
section, endangering children is a felony of the second degree.	6417

(5) If the offender violates division (C) of this section,	6418
the offender shall be punished as follows:	6419

(a) Except as otherwise provided in division (E)(5)(b) or	6420
(c) of this section, endangering children in violation of division	6421
(C) of this section is a misdemeanor of the first degree.	6422

(b) If the violation results in serious physical harm to the	6423
child involved or the offender previously has been convicted of an	6424
offense under this section or any offense involving neglect,	6425
abandonment, contributing to the delinquency of, or physical abuse	6426
of a child, except as otherwise provided in division (E)(5)(c) of	6427
this section, endangering children in violation of division (C) of	6428
this section is a felony of the fifth degree.	6429

(c) If the violation results in serious physical harm to the	6430
child involved and if the offender previously has been convicted	6431
of a violation of division (C) of this section, section 2903.06 or	6432
2903.08 of the Revised Code, section 2903.07 of the Revised Code	6433
as it existed prior to March 23, 2000, or section 2903.04 of the	6434
Revised Code in a case in which the offender was subject to the	6435
sanctions described in division (D) of that section, endangering	6436
children in violation of division (C) of this section is a felony	6437
of the fourth degree.	6438

(d) In addition to any term of imprisonment, fine, or other	6439
sentence, penalty, or sanction it imposes upon the offender	6440
pursuant to division (E)(5)(a), (b), or (c) of this section or	6441
pursuant to any other provision of law and in addition to any	6442
suspension of the offender's driver's or commercial driver's	6443
license or permit or nonresident operating privilege under Chapter	6444
4506., 4509., 4510., or 4511. of the Revised Code or under any	6445
other provision of law, the court also may impose upon the	6446
offender a class seven suspension of the offender's driver's or	6447
commercial driver's license or permit or nonresident operating	6448
privilege from the range specified in division (A)(7) of section	6449
4510.02 of the Revised Code.	6450

(e) In addition to any term of imprisonment, fine, or other	6451
sentence, penalty, or sanction imposed upon the offender pursuant	6452
to division (E)(5)(a), (b), (c), or (d) of this section or	6453
pursuant to any other provision of law for the violation of	6454
division (C) of this section, if as part of the same trial or	6455
proceeding the offender also is convicted of or pleads guilty to a	6456
separate charge charging the violation of division (A) of section	6457
4511.19 of the Revised Code that was the basis of the charge of	6458
the violation of division (C) of this section, the offender also	6459
shall be sentenced in accordance with section 4511.19 of the	6460
Revised Code for that violation of division (A) of section 4511.19	6461
of the Revised Code.	6462

(F)(1)(a) A court may require an offender to perform not	6463
more than two hundred hours of supervised community service work	6464
under the authority of an agency, subdivision, or charitable	6465
organization, if the offender agrees to perform the supervised	6466
community service work. The requirement shall be part of the	6467
community control sanction or sentence of the offender, and the	6468
court shall impose the community service in accordance with and	6469
subject to divisions (F)(1)(a) and (b) of this section. The court	6470
may require an offender whom it requires to perform supervised	6471
community service work as part of the offender's community control	6472
sanction or sentence to pay the court a reasonable fee to cover	6473
the costs of the offender's participation in the work, including,	6474
but not limited to, the costs of procuring a policy or policies of	6475
liability insurance to cover the period during which the offender	6476
will perform the work. If the court requires the offender to	6477
perform supervised community service work as part of the	6478
offender's community control sanction or sentence, the court shall	6479
do so in accordance with the following limitations and criteria:	6480

(i) The court shall require that the community service work	6481
be performed after completion of the term of imprisonment or jail	6482
term imposed upon the offender for the violation of division (C)	6483
of this section, if applicable.	6484

(ii) The supervised community service work shall be subject	6485
to the limitations set forth in divisions (F)(1)(a) to (c)(B)(1),	6486
(2), and (3) of section 2951.02 of the Revised Code.	6487

(iii) The community service work shall be supervised in the	6488
manner described in division (F)(1)(d)(B)(4) of section 2951.02 of	6489
the Revised Code by an official or person with the qualifications	6490
described in that division. The official or person periodically	6491
shall report in writing to the court concerning the conduct of the	6492
offender in performing the work.	6493

(iv) The court shall inform the offender in writing that if	6494
the offender does not adequately perform, as determined by the	6495
court, all of the required community service work, the court may	6496
order that the offender be committed to a jail or workhouse for a	6497
period of time that does not exceed the term of imprisonment that	6498
the court could have imposed upon the offender for the violation	6499
of division (C) of this section, reduced by the total amount of	6500
time that the offender actually was imprisoned under the sentence	6501
or term that was imposed upon the offender for that violation and	6502
by the total amount of time that the offender was confined for any	6503
reason arising out of the offense for which the offender was	6504
convicted and sentenced as described in sections 2949.08 and	6505
2967.191 of the Revised Code, and that, if the court orders that	6506
the offender be so committed, the court is authorized, but not	6507
required, to grant the offender credit upon the period of the	6508
commitment for the community service work that the offender	6509
adequately performed.	6510

(b) If a court, pursuant to division (F)(1)(a) of this	6511
section, orders an offender to perform community service work as	6512
part of the offender's community control sanction or sentence and	6513
if the offender does not adequately perform all of the required	6514
community service work, as determined by the court, the court may	6515
order that the offender be committed to a jail or workhouse for a	6516
period of time that does not exceed the term of imprisonment that	6517
the court could have imposed upon the offender for the violation	6518
of division (C) of this section, reduced by the total amount of	6519
time that the offender actually was imprisoned under the sentence	6520
or term that was imposed upon the offender for that violation and	6521
by the total amount of time that the offender was confined for any	6522
reason arising out of the offense for which the offender was	6523
convicted and sentenced as described in sections 2949.08 and	6524
2967.191 of the Revised Code. The court may order that a person	6525
committed pursuant to this division shall receive hour-for-hour	6526
credit upon the period of the commitment for the community service	6527
work that the offender adequately performed. No commitment	6528
pursuant to this division shall exceed the period of the term of	6529
imprisonment that the sentencing court could have imposed upon the	6530
offender for the violation of division (C) of this section,	6531
reduced by the total amount of time that the offender actually was	6532
imprisoned under that sentence or term and by the total amount of	6533
time that the offender was confined for any reason arising out of	6534
the offense for which the offender was convicted and sentenced as	6535
described in sections 2949.08 and 2967.191 of the Revised Code.	6536

(2) Division (F)(1) of this section does not limit or	6537
affect the authority of the court to suspend the sentence imposed	6538
upon a misdemeanor offender and place the offender on probation or	6539
otherwise suspend the sentenceunder a community control sanction	6540
pursuant to sections 2929.51 and 2951.02section 2929.25 of the	6541
Revised Code, to require thea misdemeanor or felony offender, as	6542
a condition of the offender's probation or of otherwise suspending	6543
the offender's sentence, to perform supervised community service	6544
work in accordance with division (F)(B) of section 2951.02 of the	6545
Revised Code, or to place a felony offender under a community	6546
control sanction.	6547

(G)(1) If a court suspends an offender's driver's or	6548
commercial driver's license or permit or nonresident operating	6549
privilege under division (E)(5)(d) of this section, the period of	6550
the suspension shall be consecutive to, and commence after, the	6551
period of suspension of the offender's driver's or commercial	6552
driver's license or permit or nonresident operating privilege that	6553
is imposed under Chapter 4506., 4509., 4510., or 4511. of the	6554
Revised Code or under any other provision of law in relation to	6555
the violation of division (C) of this section that is the basis of	6556
the suspension under division (E)(5)(d) of this section or in	6557
relation to the violation of division (A) of section 4511.19 of	6558
the Revised Code that is the basis for that violation of division	6559
(C) of this section.	6560

(2) An offender is not entitled to request, and the court	6561
shall not grant to the offender, limited driving privileges if	6562
the offender's license, permit, or privilege has been suspended	6563
under division (E)(5)(d) of this section and the offender, within	6564
the preceding six years, has been convicted of or pleaded guilty	6565
to three or more violations of one or more of the following:	6566

(a) Division (C) of this section;

6567

(b) Any equivalent offense, as defined in section 4511.181 of	6568
the Revised Code.	6569

(H)(1) If a person violates division (C) of this section and	6570
if, at the time of the violation, there were two or more children	6571
under eighteen years of age in the motor vehicle involved in the	6572
violation, the offender may be convicted of a violation of	6573
division (C) of this section for each of the children, but the	6574
court may sentence the offender for only one of the violations.	6575

(2)(a) If a person is convicted of or pleads guilty to a	6576
violation of division (C) of this section but the person is not	6577
also convicted of and does not also plead guilty to a separate	6578
charge charging the violation of division (A) of section 4511.19	6579
of the Revised Code that was the basis of the charge of the	6580
violation of division (C) of this section, both of the following	6581
apply:	6582

(i) For purposes of the provisions of section 4511.19 of	6583
the Revised Code that set forth the penalties and sanctions for a	6584
violation of division (A) of section 4511.19 of the Revised Code,	6585
the conviction of or plea of guilty to the violation of division	6586
(C) of this section shall not constitute a violation of division	6587
(A) of section 4511.19 of the Revised Code;	6588

(ii) For purposes of any provision of law that refers to a	6589
conviction of or plea of guilty to a violation of division (A) of	6590
section 4511.19 of the Revised Code and that is not described in	6591
division (H)(2)(a)(i) of this section, the conviction of or plea	6592
of guilty to the violation of division (C) of this section shall	6593
constitute a conviction of or plea of guilty to a violation of	6594
division (A) of section 4511.19 of the Revised Code.	6595

(b) If a person is convicted of or pleads guilty to a	6596
violation of division (C) of this section and the person also is	6597
convicted of or pleads guilty to a separate charge charging the	6598
violation of division (A) of section 4511.19 of the Revised Code	6599
that was the basis of the charge of the violation of division (C)	6600
of this section, the conviction of or plea of guilty to the	6601
violation of division (C) of this section shall not constitute,	6602
for purposes of any provision of law that refers to a conviction	6603
of or plea of guilty to a violation of division (A) of section	6604
4511.19 of the Revised Code, a conviction of or plea of guilty to	6605
a violation of division (A) of section 4511.19 of the Revised	6606
Code.	6607

(I) As used in this section:

6608

(1) "Community control sanction" has the same meaning as in	6609
section 2929.01 of the Revised Code;	6610

(2) "Limited driving privileges" has the same meaning as in	6611
section 4501.01 of the Revised Code.	6612

Sec. 2923.14.  (A) Any person who, solely by reason of his	6613
the person's disability under division (A)(2) or (3) of section	6614
2923.13 of the Revised Code, is prohibited from acquiring, having,	6615
carrying, or using firearms, may apply to the court of common	6616
pleas in the county where hein which the person resides for	6617
relief from such prohibition.	6618

(B) The application shall recite the following:

6619

(1) All indictments, convictions, or adjudications upon	6620
which the applicant's disability is based, the sentence imposed	6621
and served, and probationany release granted under a community	6622
control sanction, post-release control sanction, or parole, orany	6623
partial or conditional pardon granted, or other disposition of	6624
each case;	6625

(2) Facts showing the applicant to be a fit subject for	6626
relief under this section.	6627

(C) A copy of the application shall be served on the county	6628
prosecutor, who.The county prosecutor shall cause the matter to	6629
be investigated, and shall raise before the court suchany	6630
objections to granting relief asthat the investigation reveals.	6631

(D) Upon hearing, the court may grant the applicant relief	6632
pursuant to this section, if all of the following apply:	6633

(1) The applicant has been fully discharged from	6634
imprisonment, probationcommunity control, post-release control,	6635
and parole, or, if hethe applicant is under indictment, has been	6636
released on bail or recognizance;.	6637

(2) The applicant has led a law-abiding life since his	6638
discharge or release, and appears likely to continue to do so;.	6639

(3) The applicant is not otherwise prohibited by law from	6640
acquiring, having, or using firearms.	6641

(E) Costs of the proceeding shall be charged as in other	6642
civil cases, and taxed to the applicant.	6643

(F) Relief from disability granted pursuant to this section:

6644

(1) Applies only with respect to indictments, convictions,	6645
or adjudications recited in the application;	6646

(2) Applies only with respect to firearms lawfully acquired,	6647
possessed, carried, or used by the applicant;	6648

(3) Does not apply with respect to dangerous ordnance;

6649

(4) May be revoked by the court at any time for good cause	6650
shown and upon notice to the applicant;	6651

(5) Is automatically void upon commission by the applicant	6652
of any offense embraced byset forth in division (A)(2) or (3) of	6653
section 2923.13 of the Revised Code, or upon the applicant's	6654
becoming one of the class of persons named in division (A)(1),	6655
(4), or (5) of suchthat section.	6656

(G) As used in this section:

6657

(1) "Community control sanction" has the same meaning as in	6658
section 2929.01 of the Revised Code.	6659

(2) "Post-release control" and "post-release control	6660
sanction" have the same meanings as in section 2967.01 of the	6661
Revised Code.	6662

Sec. 2925.11.  (A) No person shall knowingly obtain,	6663
possess, or use a controlled substance.	6664

(B) This section does not apply to any of the following:

6665

(1) Manufacturers, licensed health professionals authorized	6666
to prescribe drugs, pharmacists, owners of pharmacies, and other	6667
persons whose conduct was in accordance with Chapters 3719.,	6668
4715., 4723., 4729., 4731., and 4741. of the Revised Code;	6669

(2) If the offense involves an anabolic steroid, any person	6670
who is conducting or participating in a research project involving	6671
the use of an anabolic steroid if the project has been approved by	6672
the United States food and drug administration;	6673

(3) Any person who sells, offers for sale, prescribes,	6674
dispenses, or administers for livestock or other nonhuman species	6675
an anabolic steroid that is expressly intended for administration	6676
through implants to livestock or other nonhuman species and	6677
approved for that purpose under the "Federal Food, Drug, and	6678
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,	6679
and is sold, offered for sale, prescribed, dispensed, or	6680
administered for that purpose in accordance with that act;	6681

(4) Any person who obtained the controlled substance	6682
pursuant to a prescription issued by a licensed health	6683
professional authorized to prescribe drugs.	6684

(C) Whoever violates division (A) of this section is guilty	6685
of one of the following:	6686

(1) If the drug involved in the violation is a compound,	6687
mixture, preparation, or substance included in schedule I or II,	6688
with the exception of marihuana, cocaine, L.S.D., heroin, and	6689
hashish, whoever violates division (A) of this section is guilty	6690
of aggravated possession of drugs. The penalty for the offense	6691
shall be determined as follows:	6692

(a) Except as otherwise provided in division (C)(1)(b), (c),	6693
(d), or (e) of this section, aggravated possession of drugs is a	6694
felony of the fifth degree, and division (B) of section 2929.13 of	6695
the Revised Code applies in determining whether to impose a prison	6696
term on the offender.	6697

(b) If the amount of the drug involved equals or exceeds the	6698
bulk amount but is less than five times the bulk amount,	6699
aggravated possession of drugs is a felony of the third degree,	6700
and there is a presumption for a prison term for the offense.	6701

(c) If the amount of the drug involved equals or exceeds	6702
five times the bulk amount but is less than fifty times the bulk	6703
amount, aggravated possession of drugs is a felony of the second	6704
degree, and the court shall impose as a mandatory prison term one	6705
of the prison terms prescribed for a felony of the second degree.	6706

(d) If the amount of the drug involved equals or exceeds	6707
fifty times the bulk amount but is less than one hundred times the	6708
bulk amount, aggravated possession of drugs is a felony of the	6709
first degree, and the court shall impose as a mandatory prison	6710
term one of the prison terms prescribed for a felony of the first	6711
degree.	6712

(e) If the amount of the drug involved equals or exceeds one	6713
hundred times the bulk amount, aggravated possession of drugs is a	6714
felony of the first degree, the offender is a major drug offender,	6715
and the court shall impose as a mandatory prison term the maximum	6716
prison term prescribed for a felony of the first degree and may	6717
impose an additional mandatory prison term prescribed for a major	6718
drug offender under division (D)(3)(b) of section 2929.14 of the	6719
Revised Code.	6720

(2) If the drug involved in the violation is a compound,	6721
mixture, preparation, or substance included in schedule III, IV,	6722
or V, whoever violates division (A) of this section is guilty of	6723
possession of drugs. The penalty for the offense shall be	6724
determined as follows:	6725

(a) Except as otherwise provided in division (C)(2)(b), (c),	6726
or (d) of this section, possession of drugs is a misdemeanor of	6727
the third degree or, if the offender previously has been convicted	6728
of a drug abuse offense, a misdemeanor of the second degree. If	6729
the drug involved in the violation is an anabolic steroid included	6730
in schedule III and if the offense is a misdemeanor of the third	6731
degree under this division, in lieu of sentencing the offender to	6732
a term of imprisonment in a detention facility, the court may	6733
place the offender on conditional probationunder a community	6734
control sanction, as defined in section 2929.01 of the Revised	6735
Code, that requires the offender to perform supervised community	6736
service work pursuant to division (F)(B) of section 2951.02 of the	6737
Revised Code.	6738

(b) If the amount of the drug involved equals or exceeds the	6739
bulk amount but is less than five times the bulk amount,	6740
possession of drugs is a felony of the fourth degree, and division	6741
(C) of section 2929.13 of the Revised Code applies in determining	6742
whether to impose a prison term on the offender.	6743

(c) If the amount of the drug involved equals or exceeds	6744
five times the bulk amount but is less than fifty times the bulk	6745
amount, possession of drugs is a felony of the third degree, and	6746
there is a presumption for a prison term for the offense.	6747

(d) If the amount of the drug involved equals or exceeds	6748
fifty times the bulk amount, possession of drugs is a felony of	6749
the second degree, and the court shall impose upon the offender as	6750
a mandatory prison term one of the prison terms prescribed for a	6751
felony of the second degree.	6752

(3) If the drug involved in the violation is marihuana or a	6753
compound, mixture, preparation, or substance containing marihuana	6754
other than hashish, whoever violates division (A) of this section	6755
is guilty of possession of marihuana. The penalty for the offense	6756
shall be determined as follows:	6757

(a) Except as otherwise provided in division (C)(3)(b), (c),	6758
(d), (e), or (f) of this section, possession of marihuana is a	6759
minor misdemeanor.	6760

(b) If the amount of the drug involved equals or exceeds one	6761
hundred grams but is less than two hundred grams, possession of	6762
marihuana is a misdemeanor of the fourth degree.	6763

(c) If the amount of the drug involved equals or exceeds two	6764
hundred grams but is less than one thousand grams, possession of	6765
marihuana is a felony of the fifth degree, and division (B) of	6766
section 2929.13 of the Revised Code applies in determining whether	6767
to impose a prison term on the offender.	6768

(d) If the amount of the drug involved equals or exceeds one	6769
thousand grams but is less than five thousand grams, possession of	6770
marihuana is a felony of the third degree, and division (C) of	6771
section 2929.13 of the Revised Code applies in determining whether	6772
to impose a prison term on the offender.	6773

(e) If the amount of the drug involved equals or exceeds	6774
five thousand grams but is less than twenty thousand grams,	6775
possession of marihuana is a felony of the third degree, and there	6776
is a presumption that a prison term shall be imposed for the	6777
offense.	6778

(f) If the amount of the drug involved equals or exceeds	6779
twenty thousand grams, possession of marihuana is a felony of the	6780
second degree, and the court shall impose as a mandatory prison	6781
term the maximum prison term prescribed for a felony of the second	6782
degree.	6783

(4) If the drug involved in the violation is cocaine or a	6784
compound, mixture, preparation, or substance containing cocaine,	6785
whoever violates division (A) of this section is guilty of	6786
possession of cocaine. The penalty for the offense shall be	6787
determined as follows:	6788

(a) Except as otherwise provided in division (C)(4)(b), (c),	6789
(d), (e), or (f) of this section, possession of cocaine is a	6790
felony of the fifth degree, and division (B) of section 2929.13 of	6791
the Revised Code applies in determining whether to impose a prison	6792
term on the offender.	6793

(b) If the amount of the drug involved equals or exceeds	6794
five grams but is less than twenty-five grams of cocaine that is	6795
not crack cocaine or equals or exceeds one gram but is less than	6796
five grams of crack cocaine, possession of cocaine is a felony of	6797
the fourth degree, and there is a presumption for a prison term	6798
for the offense.	6799

(c) If the amount of the drug involved equals or exceeds	6800
twenty-five grams but is less than one hundred grams of cocaine	6801
that is not crack cocaine or equals or exceeds five grams but is	6802
less than ten grams of crack cocaine, possession of cocaine is a	6803
felony of the third degree, and the court shall impose as a	6804
mandatory prison term one of the prison terms prescribed for a	6805
felony of the third degree.	6806

(d) If the amount of the drug involved equals or exceeds one	6807
hundred grams but is less than five hundred grams of cocaine that	6808
is not crack cocaine or equals or exceeds ten grams but is less	6809
than twenty-five grams of crack cocaine, possession of cocaine is	6810
a felony of the second degree, and the court shall impose as a	6811
mandatory prison term one of the prison terms prescribed for a	6812
felony of the second degree.	6813

(e) If the amount of the drug involved equals or exceeds	6814
five hundred grams but is less than one thousand grams of cocaine	6815
that is not crack cocaine or equals or exceeds twenty-five grams	6816
but is less than one hundred grams of crack cocaine, possession of	6817
cocaine is a felony of the first degree, and the court shall	6818
impose as a mandatory prison term one of the prison terms	6819
prescribed for a felony of the first degree.	6820

(f) If the amount of the drug involved equals or exceeds one	6821
thousand grams of cocaine that is not crack cocaine or equals or	6822
exceeds one hundred grams of crack cocaine, possession of cocaine	6823
is a felony of the first degree, the offender is a major drug	6824
offender, and the court shall impose as a mandatory prison term	6825
the maximum prison term prescribed for a felony of the first	6826
degree and may impose an additional mandatory prison term	6827
prescribed for a major drug offender under division (D)(3)(b) of	6828
section 2929.14 of the Revised Code.	6829

(5) If the drug involved in the violation is L.S.D., whoever	6830
violates division (A) of this section is guilty of possession of	6831
L.S.D. The penalty for the offense shall be determined as	6832
follows:	6833

(a) Except as otherwise provided in division (C)(5)(b), (c),	6834
(d), (e), or (f) of this section, possession of L.S.D. is a felony	6835
of the fifth degree, and division (B) of section 2929.13 of the	6836
Revised Code applies in determining whether to impose a prison	6837
term on the offender.	6838

(b) If the amount of L.S.D. involved equals or exceeds ten	6839
unit doses but is less than fifty unit doses of L.S.D. in a solid	6840
form or equals or exceeds one gram but is less than five grams of	6841
L.S.D. in a liquid concentrate, liquid extract, or liquid	6842
distillate form, possession of L.S.D. is a felony of the fourth	6843
degree, and division (C) of section 2929.13 of the Revised Code	6844
applies in determining whether to impose a prison term on the	6845
offender.	6846

(c) If the amount of L.S.D. involved equals or exceeds fifty	6847
unit doses, but is less than two hundred fifty unit doses of	6848
L.S.D. in a solid form or equals or exceeds five grams but is less	6849
than twenty-five grams of L.S.D. in a liquid concentrate, liquid	6850
extract, or liquid distillate form, possession of L.S.D. is a	6851
felony of the third degree, and there is a presumption for a	6852
prison term for the offense.	6853

(d) If the amount of L.S.D. involved equals or exceeds two	6854
hundred fifty unit doses but is less than one thousand unit doses	6855
of L.S.D. in a solid form or equals or exceeds twenty-five grams	6856
but is less than one hundred grams of L.S.D. in a liquid	6857
concentrate, liquid extract, or liquid distillate form, possession	6858
of L.S.D. is a felony of the second degree, and the court shall	6859
impose as a mandatory prison term one of the prison terms	6860
prescribed for a felony of the second degree.	6861

(e) If the amount of L.S.D. involved equals or exceeds one	6862
thousand unit doses but is less than five thousand unit doses of	6863
L.S.D. in a solid form or equals or exceeds one hundred grams but	6864
is less than five hundred grams of L.S.D. in a liquid concentrate,	6865
liquid extract, or liquid distillate form, possession of L.S.D. is	6866
a felony of the first degree, and the court shall impose as a	6867
mandatory prison term one of the prison terms prescribed for a	6868
felony of the first degree.	6869

(f) If the amount of L.S.D. involved equals or exceeds five	6870
thousand unit doses of L.S.D. in a solid form or equals or exceeds	6871
five hundred grams of L.S.D. in a liquid concentrate, liquid	6872
extract, or liquid distillate form, possession of L.S.D. is a	6873
felony of the first degree, the offender is a major drug offender,	6874
and the court shall impose as a mandatory prison term the maximum	6875
prison term prescribed for a felony of the first degree and may	6876
impose an additional mandatory prison term prescribed for a major	6877
drug offender under division (D)(3)(b) of section 2929.14 of the	6878
Revised Code.	6879

(6) If the drug involved in the violation is heroin or a	6880
compound, mixture, preparation, or substance containing heroin,	6881
whoever violates division (A) of this section is guilty of	6882
possession of heroin. The penalty for the offense shall be	6883
determined as follows:	6884

(a) Except as otherwise provided in division (C)(6)(b), (c),	6885
(d), (e), or (f) of this section, possession of heroin is a felony	6886
of the fifth degree, and division (B) of section 2929.13 of the	6887
Revised Code applies in determining whether to impose a prison	6888
term on the offender.	6889

(b) If the amount of the drug involved equals or exceeds ten	6890
unit doses but is less than fifty unit doses or equals or exceeds	6891
one gram but is less than five grams, possession of heroin is a	6892
felony of the fourth degree, and division (C) of section 2929.13	6893
of the Revised Code applies in determining whether to impose a	6894
prison term on the offender.	6895

(c) If the amount of the drug involved equals or exceeds	6896
fifty unit doses but is less than one hundred unit doses or equals	6897
or exceeds five grams but is less than ten grams, possession of	6898
heroin is a felony of the third degree, and there is a presumption	6899
for a prison term for the offense.	6900

(d) If the amount of the drug involved equals or exceeds one	6901
hundred unit doses but is less than five hundred unit doses or	6902
equals or exceeds ten grams but is less than fifty grams,	6903
possession of heroin is a felony of the second degree, and the	6904
court shall impose as a mandatory prison term one of the prison	6905
terms prescribed for a felony of the second degree.	6906

(e) If the amount of the drug involved equals or exceeds	6907
five hundred unit doses but is less than two thousand five hundred	6908
unit doses or equals or exceeds fifty grams but is less than two	6909
hundred fifty grams, possession of heroin is a felony of the first	6910
degree, and the court shall impose as a mandatory prison term one	6911
of the prison terms prescribed for a felony of the first degree.	6912

(f) If the amount of the drug involved equals or exceeds two	6913
thousand five hundred unit doses or equals or exceeds two hundred	6914
fifty grams, possession of heroin is a felony of the first degree,	6915
the offender is a major drug offender, and the court shall impose	6916
as a mandatory prison term the maximum prison term prescribed for	6917
a felony of the first degree and may impose an additional	6918
mandatory prison term prescribed for a major drug offender under	6919
division (D)(3)(b) of section 2929.14 of the Revised Code.	6920

(7) If the drug involved in the violation is hashish or a	6921
compound, mixture, preparation, or substance containing hashish,	6922
whoever violates division (A) of this section is guilty of	6923
possession of hashish. The penalty for the offense shall be	6924
determined as follows:	6925

(a) Except as otherwise provided in division (C)(7)(b), (c),	6926
(d), (e), or (f) of this section, possession of hashish is a minor	6927
misdemeanor.	6928

(b) If the amount of the drug involved equals or exceeds	6929
five grams but is less than ten grams of hashish in a solid form	6930
or equals or exceeds one gram but is less than two grams of	6931
hashish in a liquid concentrate, liquid extract, or liquid	6932
distillate form, possession of hashish is a misdemeanor of the	6933
fourth degree.	6934

(c) If the amount of the drug involved equals or exceeds ten	6935
grams but is less than fifty grams of hashish in a solid form or	6936
equals or exceeds two grams but is less than ten grams of hashish	6937
in a liquid concentrate, liquid extract, or liquid distillate	6938
form, possession of hashish is a felony of the fifth degree, and	6939
division (B) of section 2929.13 of the Revised Code applies in	6940
determining whether to impose a prison term on the offender.	6941

(d) If the amount of the drug involved equals or exceeds	6942
fifty grams but is less than two hundred fifty grams of hashish in	6943
a solid form or equals or exceeds ten grams but is less than fifty	6944
grams of hashish in a liquid concentrate, liquid extract, or	6945
liquid distillate form, possession of hashish is a felony of the	6946
third degree, and division (C) of section 2929.13 of the Revised	6947
Code applies in determining whether to impose a prison term on the	6948
offender.	6949

(e) If the amount of the drug involved equals or exceeds two	6950
hundred fifty grams but is less than one thousand grams of hashish	6951
in a solid form or equals or exceeds fifty grams but is less than	6952
two hundred grams of hashish in a liquid concentrate, liquid	6953
extract, or liquid distillate form, possession of hashish is a	6954
felony of the third degree, and there is a presumption that a	6955
prison term shall be imposed for the offense.	6956

(f) If the amount of the drug involved equals or exceeds one	6957
thousand grams of hashish in a solid form or equals or exceeds two	6958
hundred grams of hashish in a liquid concentrate, liquid extract,	6959
or liquid distillate form, possession of hashish is a felony of	6960
the second degree, and the court shall impose as a mandatory	6961
prison term the maximum prison term prescribed for a felony of the	6962
second degree.	6963

(D) Arrest or conviction for a minor misdemeanor violation	6964
of this section does not constitute a criminal record and need not	6965
be reported by the person so arrested or convicted in response to	6966
any inquiries about the person's criminal record, including any	6967
inquiries contained in any application for employment, license, or	6968
other right or privilege, or made in connection with the person's	6969
appearance as a witness.	6970

(E) In addition to any prison term or jail term authorized	6971
or required by division (C) of this section and sections 2929.13	6972
and, 2929.14, 2929.22, 2929.24, and 2929.25 of the Revised Code	6973
and in addition to any other sanction that is imposed for the	6974
offense under this section or, sections 2929.11 to 2929.18, or	6975
sections 2929.21 to 2929.28 of the Revised Code, the court that	6976
sentences an offender who is convicted of or pleads guilty to a	6977
violation of division (A) of this section shall do all of the	6978
following that are applicable regarding the offender:	6979

(1)(a) If the violation is a felony of the first, second, or	6980
third degree, the court shall impose upon the offender the	6981
mandatory fine specified for the offense under division (B)(1) of	6982
section 2929.18 of the Revised Code unless, as specified in that	6983
division, the court determines that the offender is indigent.	6984

(b) Notwithstanding any contrary provision of section	6985
3719.21 of the Revised Code, the clerk of the court shall pay a	6986
mandatory fine or other fine imposed for a violation of this	6987
section pursuant to division (A) of section 2929.18 of the Revised	6988
Code in accordance with and subject to the requirements of	6989
division (F) of section 2925.03 of the Revised Code. The agency	6990
that receives the fine shall use the fine as specified in division	6991
(F) of section 2925.03 of the Revised Code.	6992

(c) If a person is charged with a violation of this section	6993
that is a felony of the first, second, or third degree, posts	6994
bail, and forfeits the bail, the clerk shall pay the forfeited	6995
bail pursuant to division (E)(1)(b) of this section as if it were	6996
a mandatory fine imposed under division (E)(1)(a) of this section.	6997

(2) The court shall suspend for not less than six months or	6998
more than five years the offender's driver's or commercial	6999
driver's license or permit.	7000

(3) If the offender is a professionally licensed person, in	7001
addition to any other sanction imposed for a violation of this	7002
section, the court immediately shall comply with section 2925.38	7003
of the Revised Code.	7004

(F) It is an affirmative defense, as provided in section	7005
2901.05 of the Revised Code, to a charge of a fourth degree felony	7006
violation under this section that the controlled substance that	7007
gave rise to the charge is in an amount, is in a form, is	7008
prepared, compounded, or mixed with substances that are not	7009
controlled substances in a manner, or is possessed under any other	7010
circumstances, that indicate that the substance was possessed	7011
solely for personal use. Notwithstanding any contrary provision	7012
of this section, if, in accordance with section 2901.05 of the	7013
Revised Code, an accused who is charged with a fourth degree	7014
felony violation of division (C)(2), (4), (5), or (6) of this	7015
section sustains the burden of going forward with evidence of and	7016
establishes by a preponderance of the evidence the affirmative	7017
defense described in this division, the accused may be prosecuted	7018
for and may plead guilty to or be convicted of a misdemeanor	7019
violation of division (C)(2) of this section or a fifth degree	7020
felony violation of division (C)(4), (5), or (6) of this section	7021
respectively.	7022

(G) When a person is charged with possessing a bulk amount	7023
or multiple of a bulk amount, division (E) of section 2925.03 of	7024
the Revised Code applies regarding the determination of the amount	7025
of the controlled substance involved at the time of the offense.	7026

Sec. 2929.01.  As used in this chapter:

7027

(A)(1) "Alternative residential facility" means, subject to	7028
division (A)(2) of this section, any facility other than an	7029
offender's home or residence in which an offender is assigned to	7030
live and that satisfies all of the following criteria:	7031

(a) It provides programs through which the offender may seek	7032
or maintain employment or may receive education, training,	7033
treatment, or habilitation.	7034

(b) It has received the appropriate license or certificate	7035
for any specialized education, training, treatment, habilitation,	7036
or other service that it provides from the government agency that	7037
is responsible for licensing or certifying that type of education,	7038
training, treatment, habilitation, or service.	7039

(2) "Alternative residential facility" does not include a	7040
community-based correctional facility, jail, halfway house, or	7041
prison.	7042

(B) "Bad time" means the time by which the parole board	7043
administratively extends an offender's stated prison term or terms	7044
pursuant to section 2967.11 of the Revised Code because the parole	7045
board finds by clear and convincing evidence that the offender,	7046
while serving the prison term or terms, committed an act that is a	7047
criminal offense under the law of this state or the United States,	7048
whether or not the offender is prosecuted for the commission of	7049
that act.	7050

(C) "Basic probation supervision" means a requirement that	7051
the offender maintain contact with a person appointed to supervise	7052
the offender in accordance with sanctions imposed by the court or	7053
imposed by the parole board pursuant to section 2967.28 of the	7054
Revised Code. "Basic probation supervision" includes basic parole	7055
supervision and basic post-release control supervision.	7056

(D) "Cocaine," "crack cocaine," "hashish," "L.S.D.," and	7057
"unit dose" have the same meanings as in section 2925.01 of the	7058
Revised Code.	7059

(E) "Community-based correctional facility" means a	7060
community-based correctional facility and program or district	7061
community-based correctional facility and program developed	7062
pursuant to sections 2301.51 to 2301.56 of the Revised Code.	7063

(F) "Community control sanction" means a sanction that is	7064
not a prison term and that is described in section 2929.15,	7065
2929.16, 2929.17, or 2929.18 of the Revised Code or a sanction	7066
that is not a jail term and that is described in section 2929.26,	7067
2929.27, or 2929.28 of the Revised Code. "Community control	7068
sanction" includes probation if the sentence involved was imposed	7069
for a felony that was committed prior to July 1, 1996, or if the	7070
sentence involved was imposed for a misdemeanor that was committed	7071
prior to January 1, 2004.	7072

(G) "Controlled substance," "marihuana," "schedule I," and	7073
"schedule II" have the same meanings as in section 3719.01 of the	7074
Revised Code.	7075

(H) "Curfew" means a requirement that an offender during a	7076
specified period of time be at a designated place.	7077

(I) "Day reporting" means a sanction pursuant to which an	7078
offender is required each day to report to and leave a center or	7079
other approved reporting location at specified times in order to	7080
participate in work, education or training, treatment, and other	7081
approved programs at the center or outside the center.	7082

(J) "Deadly weapon" has the same meaning as in section	7083
2923.11 of the Revised Code.	7084

(K) "Drug and alcohol use monitoring" means a program under	7085
which an offender agrees to submit to random chemical analysis of	7086
the offender's blood, breath, or urine to determine whether the	7087
offender has ingested any alcohol or other drugs.	7088

(L) "Drug treatment program" means any program under which a	7089
person undergoes assessment and treatment designed to reduce or	7090
completely eliminate the person's physical or emotional reliance	7091
upon alcohol, another drug, or alcohol and another drug and under	7092
which the person may be required to receive assessment and	7093
treatment on an outpatient basis or may be required to reside at a	7094
facility other than the person's home or residence while	7095
undergoing assessment and treatment.	7096

(M) "Economic loss" means any economic detriment suffered by	7097
a victim as a result of the commission of a felony and includes	7098
any loss of income due to lost time at work because of any injury	7099
caused to the victim, and any property loss, medical cost, or	7100
funeral expense incurred as a result of the commission of the	7101
felony.	7102

(N) "Education or training" includes study at, or in	7103
conjunction with a program offered by, a university, college, or	7104
technical college or vocational study and also includes the	7105
completion of primary school, secondary school, and literacy	7106
curricula or their equivalent.	7107

(O) "Electronically monitored house arrest" has the same	7108
meaning as in section 2929.23 of the Revised Code.	7109

(P) "Eligible offender" has the same meaning as in section	7110
2929.23 of the Revised Code except as otherwise specified in	7111
section 2929.20 of the Revised Code.	7112

(Q) "Firearm" has the same meaning as in section 2923.11 of	7113
the Revised Code.	7114

(R)(P) "Halfway house" means a facility licensed by the	7115
division of parole and community services of the department of	7116
rehabilitation and correction pursuant to section 2967.14 of the	7117
Revised Code as a suitable facility for the care and treatment of	7118
adult offenders.	7119

(S)(Q) "House arrest" means a period of confinement of an	7120
eligible offender that is in the eligible offender's home or in	7121
other premises specified by the sentencing court or by the parole	7122
board pursuant to section 2967.28 of the Revised Code, that may be	7123
electronically monitored house arrest, and during which all of the	7124
following apply:	7125

(1) The eligible offender is required to remain in the	7126
eligible offender's home or other specified premises for the	7127
specified period of confinement, except for periods of time during	7128
which the eligible offender is at the eligible offender's place of	7129
employment or at other premises as authorized by the sentencing	7130
court or by the parole board.	7131

(2) The eligible offender is required to report periodically	7132
to a person designated by the court or parole board.	7133

(3) The eligible offender is subject to any other	7134
restrictions and requirements that may be imposed by the	7135
sentencing court or by the parole board.	7136

(T)(R) "Intensive probation supervision" means a requirement	7137
that an offender maintain frequent contact with a person appointed	7138
by the court, or by the parole board pursuant to section 2967.28	7139
of the Revised Code, to supervise the offender while the offender	7140
is seeking or maintaining necessary employment and participating	7141
in training, education, and treatment programs as required in the	7142
court's or parole board's order. "Intensive probation	7143
supervision" includes intensive parole supervision and intensive	7144
post-release control supervision.	7145

(U)(S) "Jail" means a jail, workhouse, minimum security	7146
jail, or other residential facility used for the confinement of	7147
alleged or convicted offenders that is operated by a political	7148
subdivision or a combination of political subdivisions of this	7149
state.	7150

(T) "Jail term" means the term in a jail that a sentencing	7151
court imposes or is authorized to impose pursuant to section	7152
2929.24 or 2929.25 of the Revised Code or pursuant to any other	7153
provision of the Revised Code that authorizes a term in a jail for	7154
a misdemeanor conviction.	7155

(U) "Mandatory jail term" means the term in a jail that a	7156
sentencing court is required to impose pursuant to division (G) of	7157
section 1547.99 of the Revised Code, division (B) of section	7158
4510.14 of the Revised Code, or division (G) of section 4511.19 of	7159
the Revised Code or pursuant to any other provision of the Revised	7160
Code that requires a term in a jail for a misdemeanor conviction.	7161

(V) "Delinquent child" has the same meaning as in section	7162
2152.02 of the Revised Code.	7163

(W) "License violation report" means a report that is made	7164
by a sentencing court, or by the parole board pursuant to section	7165
2967.28 of the Revised Code, to the regulatory or licensing board	7166
or agency that issued an offender a professional license or a	7167
license or permit to do business in this state and that specifies	7168
that the offender has been convicted of or pleaded guilty to an	7169
offense that may violate the conditions under which the offender's	7170
professional license or license or permit to do business in this	7171
state was granted or an offense for which the offender's	7172
professional license or license or permit to do business in this	7173
state may be revoked or suspended.	7174

(X) "Major drug offender" means an offender who is convicted	7175
of or pleads guilty to the possession of, sale of, or offer to	7176
sell any drug, compound, mixture, preparation, or substance that	7177
consists of or contains at least one thousand grams of hashish; at	7178
least one hundred grams of crack cocaine; at least one thousand	7179
grams of cocaine that is not crack cocaine; at least two thousand	7180
five hundred unit doses or two hundred fifty grams of heroin; at	7181
least five thousand unit doses of L.S.D. or five hundred grams of	7182
L.S.D. in a liquid concentrate, liquid extract, or liquid	7183
distillate form; or at least one hundred times the amount of any	7184
other schedule I or II controlled substance other than marihuana	7185
that is necessary to commit a felony of the third degree pursuant	7186
to section 2925.03, 2925.04, 2925.05, or 2925.11 of the Revised	7187
Code that is based on the possession of, sale of, or offer to sell	7188
the controlled substance.	7189

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

7190

(1) Subject to division (Y)(2) of this section, the term in	7191
prison that must be imposed for the offenses or circumstances set	7192
forth in divisions (F)(1) to (8) or (F)(12) of section 2929.13 and	7193
division (D) of section 2929.14 of the Revised Code. Except as	7194
provided in sections 2925.02, 2925.03, 2925.04, 2925.05, and	7195
2925.11 of the Revised Code, unless the maximum or another	7196
specific term is required under section 2929.14 of the Revised	7197
Code, a mandatory prison term described in this division may be	7198
any prison term authorized for the level of offense.	7199

(2) The term of sixty or one hundred twenty days in prison	7200
that a sentencing court is required to impose for a third or	7201
fourth degree felony OVI offense pursuant to division (G)(2) of	7202
section 2929.13 and division (G)(1)(d) or (e) of section 4511.19	7203
of the Revised Code.	7204

(3) The term in prison imposed pursuant to section 2971.03	7205
of the Revised Code for the offenses and in the circumstances	7206
described in division (F)(11) of section 2929.13 of the Revised	7207
Code and that term as modified or terminated pursuant to section	7208
2971.05 of the Revised Code.	7209

(Z) "Monitored time" means a period of time during which an	7210
offender continues to be under the control of the sentencing court	7211
or parole board, subject to no conditions other than leading a	7212
law-abiding life.	7213

(AA) "Offender" means a person who, in this state, is	7214
convicted of or pleads guilty to a felony or a misdemeanor.	7215

(BB) "Prison" means a residential facility used for the	7216
confinement of convicted felony offenders that is under the	7217
control of the department of rehabilitation and correction but	7218
does not include a violation sanction center operated under	7219
authority of section 2967.141 of the Revised Code.	7220

(CC) "Prison term" includes any of the following sanctions	7221
for an offender:	7222

(1) A stated prison term;

7223

(2) A term in a prison shortened by, or with the approval	7224
of, the sentencing court pursuant to section 2929.20, 2967.26,	7225
5120.031, 5120.032, or 5120.073 of the Revised Code;	7226

(3) A term in prison extended by bad time imposed pursuant	7227
to section 2967.11 of the Revised Code or imposed for a violation	7228
of post-release control pursuant to section 2967.28 of the Revised	7229
Code.	7230

(DD) "Repeat violent offender" means a person about whom	7231
both of the following apply:	7232

(1) The person has been convicted of or has pleaded guilty	7233
to, and is being sentenced for committing, for complicity in	7234
committing, or for an attempt to commit, aggravated murder,	7235
murder, involuntary manslaughter, a felony of the first degree	7236
other than one set forth in Chapter 2925. of the Revised Code, a	7237
felony of the first degree set forth in Chapter 2925. of the	7238
Revised Code that involved an attempt to cause serious physical	7239
harm to a person or that resulted in serious physical harm to a	7240
person, or a felony of the second degree that involved an attempt	7241
to cause serious physical harm to a person or that resulted in	7242
serious physical harm to a person.	7243

(2) Either of the following applies:

7244

(a) The person previously was convicted of or pleaded guilty	7245
to, and previously served or, at the time of the offense was	7246
serving, a prison term for, any of the following:	7247

(i) Aggravated murder, murder, involuntary manslaughter,	7248
rape, felonious sexual penetration as it existed under section	7249
2907.12 of the Revised Code prior to September 3, 1996, a felony	7250
of the first or second degree that resulted in the death of a	7251
person or in physical harm to a person, or complicity in or an	7252
attempt to commit any of those offenses;	7253

(ii) An offense under an existing or former law of this	7254
state, another state, or the United States that is or was	7255
substantially equivalent to an offense listed under division	7256
(DD)(2)(a)(i) of this section and that resulted in the death of a	7257
person or in physical harm to a person.	7258

(b) The person previously was adjudicated a delinquent child	7259
for committing an act that if committed by an adult would have	7260
been an offense listed in division (DD)(2)(a)(i) or (ii) of this	7261
section, the person was committed to the department of youth	7262
services for that delinquent act.	7263

(EE) "Sanction" means any penalty imposed upon an offender	7264
who is convicted of or pleads guilty to an offense, as punishment	7265
for the offense. "Sanction" includes any sanction imposed	7266
pursuant to any provision of sections 2929.14 to 2929.18 or	7267
2929.24 to 2929.28 of the Revised Code.	7268

(FF) "Sentence" means the sanction or combination of	7269
sanctions imposed by the sentencing court on an offender who is	7270
convicted of or pleads guilty to a felonyan offense.	7271

(GG) "Stated prison term" means the prison term, mandatory	7272
prison term, or combination of all prison terms and mandatory	7273
prison terms imposed by the sentencing court pursuant to section	7274
2929.14 or 2971.03 of the Revised Code. "Stated prison term"	7275
includes any credit received by the offender for time spent in	7276
jail awaiting trial, sentencing, or transfer to prison for the	7277
offense and any time spent under house arrest or electronically	7278
monitored house arrest with electronic monitoring imposed after	7279
earning credits pursuant to section 2967.193 of the Revised Code.	7280

(HH) "Victim-offender mediation" means a reconciliation or	7281
mediation program that involves an offender and the victim of the	7282
offense committed by the offender and that includes a meeting in	7283
which the offender and the victim may discuss the offense, discuss	7284
restitution, and consider other sanctions for the offense.	7285

(II) "Fourth degree felony OVI offense" means a violation	7286
of division (A) of section 4511.19 of the Revised Code that, under	7287
division (G) of that section, is a felony of the fourth degree.	7288

(JJ) "Mandatory term of local incarceration" means the term	7289
of sixty or one hundred twenty days in a jail, a community-based	7290
correctional facility, a halfway house, or an alternative	7291
residential facility that a sentencing court may impose upon a	7292
person who is convicted of or pleads guilty to a fourth degree	7293
felony OVI offense pursuant to division (G)(1) of section 2929.13	7294
of the Revised Code and division (G)(1)(d) or (e) of section	7295
4511.19 of the Revised Code.	7296

(KK) "Designated homicide, assault, or kidnapping offense,"	7297
"sexual motivation specification," "sexually violent offense,"	7298
"sexually violent predator," and "sexually violent predator	7299
specification" have the same meanings as in section 2971.01 of the	7300
Revised Code.	7301

(LL) "Habitual sex offender," "sexually oriented offense,"	7302
and "sexual predator" have the same meanings as in section 2950.01	7303
of the Revised Code.	7304

(MM) An offense is "committed in the vicinity of a child" if	7305
the offender commits the offense within thirty feet of or within	7306
the same residential unit as a child who is under eighteen years	7307
of age, regardless of whether the offender knows the age of the	7308
child or whether the offender knows the offense is being committed	7309
within thirty feet of or within the same residential unit as the	7310
child and regardless of whether the child actually views the	7311
commission of the offense.	7312

(NN) "Family or household member" has the same meaning as in	7313
section 2919.25 of the Revised Code.	7314

(OO) "Motor vehicle" and "manufactured home" have the same	7315
meanings as in section 4501.01 of the Revised Code.	7316

(PP) "Detention" and "detention facility" have the same	7317
meanings as in section 2921.01 of the Revised Code.	7318

(QQ) "Third degree felony OVI offense" means a violation of	7319
division (A) of section 4511.19 of the Revised Code that, under	7320
division (G) of that section, is a felony of the third degree.	7321

(RR) "Random drug testing" has the same meaning as in	7322
section 5120.63 of the Revised Code.	7323

(SS) "Felony sex offense" has the same meaning as in section	7324
2957.282967.28 of the Revised Code.	7325

(TT) "Body armor" has the same meaning as in section	7326
2941.1411 of the Revised Code.	7327

(UU) "Electronic monitoring" means monitoring through the	7328
use of an electronic monitoring device.	7329

(VV) "Electronic monitoring device" means any of the	7330
following:	7331

(1) Any device that can be operated by electrical or battery	7332
power and that conforms with all of the following:	7333

(a) The device has a transmitter that can be attached to a	7334
person, that will transmit a specified signal to a receiver of the	7335
type described in division (VV)(1)(b) of this section if the	7336
transmitter is removed from the person, turned off, or altered in	7337
any manner without prior court approval in relation to electronic	7338
monitoring or without prior approval of the department of	7339
rehabilitation and correction in relation to the use of an	7340
electronic monitoring device for an inmate on transitional control	7341
or otherwise is tampered with, that can transmit continuously and	7342
periodically a signal to that receiver when the person is within a	7343
specified distance from the receiver, and that can transmit an	7344
appropriate signal to that receiver if the person to whom it is	7345
attached travels a specified distance from that receiver.	7346

(b) The device has a receiver that can receive continuously	7347
the signals transmitted by a transmitter of the type described in	7348
division (VV)(1)(a) of this section, can transmit continuously	7349
those signals by telephone to a central monitoring computer of the	7350
type described in division (VV)(1)(c) of this section, and can	7351
transmit continuously an appropriate signal to that central	7352
monitoring computer if the receiver is turned off or altered	7353
without prior court approval or otherwise tampered with.	7354

(c) The device has a central monitoring computer that can	7355
receive continuously the signals transmitted by telephone by a	7356
receiver of the type described in division (VV)(1)(b) of this	7357
section and can monitor continuously the person to whom an	7358
electronic monitoring device of the type described in division	7359
(VV)(1)(a) of this section is attached.	7360

(2) Any device that is not a device of the type described in	7361
division (VV)(1) of this section and that conforms with all of the	7362
following:	7363

(a) The device includes a transmitter and receiver that can	7364
monitor and determine the location of a subject person at any	7365
time, or at a designated point in time, through the use of a	7366
central monitoring computer or through other electronic means.	7367

(b) The device includes a transmitter and receiver that can	7368
determine at any time, or at a designated point in time, through	7369
the use of a central monitoring computer or other electronic means	7370
the fact that the transmitter is turned off or altered in any	7371
manner without prior approval of the court in relation to the	7372
electronic monitoring or without prior approval of the department	7373
of rehabilitation and correction in relation to the use of an	7374
electronic monitoring device for an inmate on transitional control	7375
or otherwise is tampered with.	7376

(3) Any type of technology that can adequately track or	7377
determine the location of a subject person at any time and that is	7378
approved by the director of rehabilitation and correction,	7379
including, but not limited to, any satellite technology, voice	7380
tracking system, or retinal scanning system that is so approved.	7381

Sec. 2929.17.  The court imposing a sentence for a felony	7382
upon an offender who is not required to serve a mandatory prison	7383
term may impose any nonresidential sanction or combination of	7384
nonresidential sanctions authorized under this section. If the	7385
court imposes one or more nonresidential sanctions authorized	7386
under this section, the court shall impose as a condition of the	7387
sanction that, during the period of the nonresidential sanction,	7388
the offender shall abide by the law and shall not leave the state	7389
without the permission of the court or the offender's probation	7390
officer.	7391

The court imposing a sentence for a fourth degree felony OVI	7392
offense under division (G)(1) of section 2929.13 of the Revised	7393
Code may impose upon the offender, in addition to the mandatory	7394
term of local incarceration imposed under that division, a	7395
nonresidential sanction or combination of nonresidential sanctions	7396
under this section, and the offender shall serve or satisfy the	7397
sanction or combination of sanctions after the offender has served	7398
the mandatory term of local incarceration required for the	7399
offense. Nonresidential sanctions include, but are not limited	7400
to, the following:	7401

(A) A term of day reporting;

7402

(B) A term of electronically monitored house arrest with	7403
electronic monitoring, a term of electronic monitoring without	7404
house arrest, or a term of house arrest without electronic	7405
monitoring;	7406

(C) A term of community service of up to five hundred hours	7407
pursuant to division (F)(B) of section 2951.02 of the Revised Code	7408
or, if the court determines that the offender is financially	7409
incapable of fulfilling a financial sanction described in section	7410
2929.18 of the Revised Code, a term of community service as an	7411
alternative to a financial sanction;	7412

(D) A term in a drug treatment program with a level of	7413
security for the offender as determined necessary by the court;	7414

(E) A term of intensive probation supervision;

7415

(F) A term of basic probation supervision;

7416

(G) A term of monitored time;

7417

(H) A term of drug and alcohol use monitoring, including	7418
random drug testing pursuant to section 2951.05 of the Revised	7419
Code;	7420

(I) A curfew term;

7421

(J) A requirement that the offender obtain employment;

7422

(K) A requirement that the offender obtain education or	7423
training;	7424

(L) Provided the court obtains the prior approval of the	7425
victim, a requirement that the offender participate in	7426
victim-offender mediation;	7427

(M) A license violation report;

7428

(N) If the offense is a violation of section 2919.25 or a	7429
violation of section 2903.11, 2903.12, or 2903.13 of the Revised	7430
Code involving a person who was a family or household member at	7431
the time of the violation, if the offender committed the offense	7432
in the vicinity of one or more children who are not victims of the	7433
offense, and if the offender or the victim of the offense is a	7434
parent, guardian, custodian, or person in loco parentis of one or	7435
more of those children, a requirement that the offender obtain	7436
counseling. This division does not limit the court in requiring	7437
the offender to obtain counseling for any offense or in any	7438
circumstance not specified in this division.	7439

Sec. 2929.18.  (A) Except as otherwise provided in this	7440
division and in addition to imposing court costs pursuant to	7441
section 2947.23 of the Revised Code, the court imposing a sentence	7442
upon an offender for a felony may sentence the offender to any	7443
financial sanction or combination of financial sanctions	7444
authorized under this section or, in the circumstances specified	7445
in section 2929.252929.32 of the Revised Code, may impose upon	7446
the offender a fine in accordance with that section. Financial	7447
sanctions that may be imposed pursuant to this section include,	7448
but are not limited to, the following:	7449

(1) Restitution by the offender to the victim of the	7450
offender's crime or any survivor of the victim, in an amount based	7451
on the victim's economic loss. The court shall order that the	7452
restitution be made to the victim in open court, to the adult	7453
probation department that serves the county on behalf of the	7454
victim, to the clerk of courts, or to another agency designated by	7455
the court, except that it. The order may include a requirement	7456
that reimbursement be made to third parties for amounts paid to or	7457
on behalf of the victim or any survivor of the victim for economic	7458
loss resulting from the offense. If reimbursement to third	7459
parties is required, the reimbursement shall be made to any	7460
governmental agency to repay any amounts paid by the agency to or	7461
on behalf of the victim or any survivor of the victim for economic	7462
loss resulting from the offense before any reimbursement is made	7463
to any person other than a governmental agency. If no	7464
governmental agency incurred expenses for economic loss of the	7465
victim or any survivor of the victim resulting from the offense,	7466
the reimbursement shall be made to any person other than a	7467
governmental agency to repay amounts paid by that person to or on	7468
behalf of the victim or any survivor of the victim for economic	7469
loss of the victim resulting from the offense. The court shall	7470
not require an offender to repay an insurance company for any	7471
amounts the company paid on behalf of the offender pursuant to a	7472
policy of insurance. At sentencing, the court shall determine the	7473
amount of restitution to be made by the offender. The court may	7474
base the amount of restitution it orders on an amount recommended	7475
by the victim, the offender, a presentence investigation report,	7476
estimates or receipts indicating the cost of repairing or	7477
replacing property, and other information. The court shall hold a	7478
hearing on restitution if the offender, victim, or survivor	7479
disputes the amount. All restitution payments shall be credited	7480
against any recovery of economic loss in a civil action brought by	7481
the victim or any survivor of the victim against the offender.	7482

The court may order that the offender pay a surcharge of not	7483
more than five per cent of the amount of the restitution otherwise	7484
ordered to the entity responsible for collecting and processing	7485
restitution payments.	7486

The victim or survivor may request that the prosecuting	7487
attorney file a motion, or the offender may file a motion, for	7488
modification of the payment terms of any restitution ordered. If	7489
the court grants the motion, it may modify the payment terms as it	7490
determines appropriate.	7491

(2) Except as provided in division (B)(1), (3), or (4) of	7492
this section, a fine payable by the offender to the state, to a	7493
political subdivision, or as described in division (B)(2) of this	7494
section to one or more law enforcement agencies, with the amount	7495
of the fine based on a standard percentage of the offender's daily	7496
income over a period of time determined by the court and based	7497
upon the seriousness of the offense. A fine ordered under this	7498
division shall not exceed the statutorymaximum conventional fine	7499
amount authorized for the level of the offense under division	7500
(A)(3) of this section.	7501

(3) Except as provided in division (B)(1), (3), or (4) of	7502
this section, a fine payable by the offender to the state, to a	7503
political subdivision when appropriate for a felony, or as	7504
described in division (B)(2) of this section to one or more law	7505
enforcement agencies, in the following amount:	7506

(a) For a felony of the first degree, not more than twenty	7507
thousand dollars;	7508

(b) For a felony of the second degree, not more than fifteen	7509
thousand dollars;	7510

(c) For a felony of the third degree, not more than ten	7511
thousand dollars;	7512

(d) For a felony of the fourth degree, not more than five	7513
thousand dollars;	7514

(e) For a felony of the fifth degree, not more than two	7515
thousand five hundred dollars.	7516

(4) A state fine or costs as defined in section 2949.111 of	7517
the Revised Code.	7518

(5)(a) Reimbursement by the offender of any or all of the	7519
costs of sanctions incurred by the government, including the	7520
following:	7521

(i) All or part of the costs of implementing any community	7522
control sanction, including a supervision fee under section	7523
2951.021 of the Revised Code;	7524

(ii) All or part of the costs of confinement under a	7525
sanction imposed pursuant to section 2929.14 or 2929.16 of the	7526
Revised Code, provided that the amount of reimbursement ordered	7527
under this division shall not exceed the total amount of	7528
reimbursement the offender is able to pay as determined at a	7529
hearing and shall not exceed the actual cost of the confinement.	7530

(b) If the offender is sentenced to a sanction of	7531
confinement pursuant to section 2929.14 or 2929.16 of the Revised	7532
Code that is to be served in a facility operated by a board of	7533
county commissioners, a legislative authority of a municipal	7534
corporation, or another local governmental entity, if, pursuant to	7535
section 307.93, 341.14, 341.19, 341.23, 753.02, 753.04, 753.16,	7536
2301.56, or 2947.19 of the Revised Code and section 2929.37 of the	7537
Revised Code, the board, legislative authority, or other local	7538
governmental entity requires prisoners convicted of an offense	7539
other than a minor misdemeanor to reimburse the county, municipal	7540
corporation, or other entity for its expenses incurred by reason	7541
of the prisoner's confinement, and if the court does not impose a	7542
financial sanction under division (A)(4)(5)(a)(ii) of this	7543
section, confinement costs may be assessed pursuant to section	7544
2929.37 of the Revised Code. In addition, the offender may be	7545
required to pay the fees specified in section 2929.38 of the	7546
Revised Code in accordance with that section.	7547

(c) Reimbursement by the offender for costs pursuant to	7548
section 2929.282929.71 of the Revised Code.	7549

(B)(1) For a first, second, or third degree felony violation	7550
of any provision of Chapter 2925., 3719., or 4729. of the Revised	7551
Code, the sentencing court shall impose upon the offender a	7552
mandatory fine of at least one-half of, but not more than, the	7553
maximum statutory fine amount authorized for the level of the	7554
offense pursuant to division (A)(3) of this section. If an	7555
offender alleges in an affidavit filed with the court prior to	7556
sentencing that the offender is indigent and unable to pay the	7557
mandatory fine and if the court determines the offender is an	7558
indigent person and is unable to pay the mandatory fine described	7559
in this division, the court shall not impose the mandatory fine	7560
upon the offender.	7561

(2) Any mandatory fine imposed upon an offender under	7562
division (B)(1) of this section and any fine imposed upon an	7563
offender under division (A)(2) or (3) of this section for any	7564
fourth or fifth degree felony violation of any provision of	7565
Chapter 2925., 3719., or 4729. of the Revised Code shall be paid	7566
to law enforcement agencies pursuant to division (F) of section	7567
2925.03 of the Revised Code.	7568

(3) For a fourth degree felony OVI offense and for a third	7569
degree felony OVI offense, the sentencing court shall impose upon	7570
the offender a mandatory fine in the amount specified in division	7571
(G)(1)(d) or (e) of section 4511.19 of the Revised Code, whichever	7572
is applicable. The mandatory fine so imposed shall be disbursed	7573
as provided in the division pursuant to which it is imposed.	7574

(4) Notwithstanding any fine otherwise authorized or	7575
required to be imposed under division (A)(2) or (3) or (B)(1) of	7576
this section or section 2929.31 of the Revised Code for a	7577
violation of section 2925.03 of the Revised Code, in addition to	7578
any penalty or sanction imposed for that offense under section	7579
2925.03 or sections 2929.11 to 2929.18 of the Revised Code and in	7580
addition to the forfeiture of property in connection with the	7581
offense as prescribed in sections 2925.42 to 2925.45 of the	7582
Revised Code, the court that sentences an offender for a violation	7583
of section 2925.03 of the Revised Code may impose upon the	7584
offender a fine in addition to any fine imposed under division	7585
(A)(2) or (3) of this section and in addition to any mandatory	7586
fine imposed under division (B)(1) of this section. The fine	7587
imposed under division (B)(4) of this section shall be used as	7588
provided in division (H) of section 2925.03 of the Revised Code. A	7589
fine imposed under division (B)(4) of this section shall not	7590
exceed whichever of the following is applicable:	7591

(a) The total value of any personal or real property in	7592
which the offender has an interest and that was used in the course	7593
of, intended for use in the course of, derived from, or realized	7594
through conduct in violation of section 2925.03 of the Revised	7595
Code, including any property that constitutes proceeds derived	7596
from that offense;	7597

(b) If the offender has no interest in any property of the	7598
type described in division (B)(4)(a) of this section or if it is	7599
not possible to ascertain whether the offender has an interest in	7600
any property of that type in which the offender may have an	7601
interest, the amount of the mandatory fine for the offense imposed	7602
under division (B)(1) of this section or, if no mandatory fine is	7603
imposed under division (B)(1) of this section, the amount of the	7604
fine authorized for the level of the offense imposed under	7605
division (A)(3) of this section.	7606

(5) Prior to imposing a fine under division (B)(4) of this	7607
section, the court shall determine whether the offender has an	7608
interest in any property of the type described in division	7609
(B)(4)(a) of this section. Except as provided in division (B)(6)	7610
or (7) of this section, a fine that is authorized and imposed	7611
under division (B)(4) of this section does not limit or affect the	7612
imposition of the penalties and sanctions for a violation of	7613
section 2925.03 of the Revised Code prescribed under those	7614
sections or sections 2929.11 to 2929.18 of the Revised Code and	7615
does not limit or affect a forfeiture of property in connection	7616
with the offense as prescribed in sections 2925.42 to 2925.45 of	7617
the Revised Code.	7618

(6) If the sum total of a mandatory fine amount imposed for	7619
a first, second, or third degree felony violation of section	7620
2925.03 of the Revised Code under division (B)(1) of this section	7621
plus the amount of any fine imposed under division (B)(4) of this	7622
section does not exceed the maximum statutory fine amount	7623
authorized for the level of the offense under division (A)(3) of	7624
this section or section 2929.31 of the Revised Code, the court may	7625
impose a fine for the offense in addition to the mandatory fine	7626
and the fine imposed under division (B)(4) of this section. The	7627
sum total of the amounts of the mandatory fine, the fine imposed	7628
under division (B)(4) of this section, and the additional fine	7629
imposed under division (B)(6) of this section shall not exceed the	7630
maximum statutory fine amount authorized for the level of the	7631
offense under division (A)(3) of this section or section 2929.31	7632
of the Revised Code. The clerk of the court shall pay any fine	7633
that is imposed under division (B)(6) of this section to the	7634
county, township, municipal corporation, park district as created	7635
pursuant to section 511.18 or 1545.04 of the Revised Code, or	7636
state law enforcement agencies in this state that primarily were	7637
responsible for or involved in making the arrest of, and in	7638
prosecuting, the offender pursuant to division (F) of section	7639
2925.03 of the Revised Code.	7640

(7) If the sum total of the amount of a mandatory fine	7641
imposed for a first, second, or third degree felony violation of	7642
section 2925.03 of the Revised Code plus the amount of any fine	7643
imposed under division (B)(4) of this section exceeds the maximum	7644
statutory fine amount authorized for the level of the offense	7645
under division (A)(3) of this section or section 2929.31 of the	7646
Revised Code, the court shall not impose a fine under division	7647
(B)(6) of this section.	7648

(C)(1) The offender shall pay reimbursements imposed upon	7649
the offender pursuant to division (A)(4)(5)(a) of this section to	7650
pay the costs incurred by the department of rehabilitation and	7651
correction in operating a prison or other facility used to confine	7652
offenders pursuant to sanctions imposed under section 2929.14 or	7653
2929.16 of the Revised Code to the treasurer of state. The	7654
treasurer of state shall deposit the reimbursements in the	7655
confinement cost reimbursement fund that is hereby created in the	7656
state treasury. The department of rehabilitation and correction	7657
shall use the amounts deposited in the fund to fund the operation	7658
of facilities used to confine offenders pursuant to sections	7659
2929.14 and 2929.16 of the Revised Code.	7660

(2) Except as provided in section 2951.021 of the Revised	7661
Code, the offender shall pay reimbursements imposed upon the	7662
offender pursuant to division (A)(4)(5)(a) of this section to pay	7663
the costs incurred by a county pursuant to any sanction imposed	7664
under this section or section 2929.16 or 2929.17 of the Revised	7665
Code or in operating a facility used to confine offenders pursuant	7666
to a sanction imposed under section 2929.16 of the Revised Code to	7667
the county treasurer. The county treasurer shall deposit the	7668
reimbursements in the sanction cost reimbursement fund that each	7669
board of county commissioners shall create in its county treasury.	7670
The county shall use the amounts deposited in the fund to pay the	7671
costs incurred by the county pursuant to any sanction imposed	7672
under this section or section 2929.16 or 2929.17 of the Revised	7673
Code or in operating a facility used to confine offenders pursuant	7674
to a sanction imposed under section 2929.16 of the Revised Code.	7675

(3) Except as provided in section 2951.021 of the Revised	7676
Code, the offender shall pay reimbursements imposed upon the	7677
offender pursuant to division (A)(4)(5)(a) of this section to pay	7678
the costs incurred by a municipal corporation pursuant to any	7679
sanction imposed under this section or section 2929.16 or 2929.17	7680
of the Revised Code or in operating a facility used to confine	7681
offenders pursuant to a sanction imposed under section 2929.16 of	7682
the Revised Code to the treasurer of the municipal corporation.	7683
The treasurer shall deposit the reimbursements in a special fund	7684
that shall be established in the treasury of each municipal	7685
corporation. The municipal corporation shall use the amounts	7686
deposited in the fund to pay the costs incurred by the municipal	7687
corporation pursuant to any sanction imposed under this section or	7688
section 2929.16 or 2929.17 of the Revised Code or in operating a	7689
facility used to confine offenders pursuant to a sanction imposed	7690
under section 2929.16 of the Revised Code.	7691

(4) Except as provided in section 2951.021 of the Revised	7692
Code, the offender shall pay reimbursements imposed pursuant to	7693
division (A)(4)(5)(a) of this section for the costs incurred by a	7694
private provider pursuant to a sanction imposed under this section	7695
or section 2929.16 or 2929.17 of the Revised Code to the provider.	7696

(D) AExcept as otherwise provided in this division, a	7697
financial sanction imposed pursuant to division (A) or (B) of this	7698
section is a judgment in favor of the state or a political	7699
subdivision in which the court that imposed the financial sanction	7700
is located, except that a. A financial sanction of reimbursement	7701
imposed pursuant to division (A)(4)(5)(a)(ii) of this section upon	7702
an offender who is incarcerated in a state facility or a municipal	7703
jail is a judgment in favor of the state or the municipal	7704
corporation, a. A financial sanction of reimbursement imposed	7705
upon an offender pursuant to this section for costs incurred by a	7706
private provider of sanctions is a judgment in favor of the	7707
private provider, and a. A financial sanction of restitution	7708
imposed pursuant to this section is a judgment in favor of the	7709
victim of the offender's criminal act. The offender subject to	7710
the sanction is the judgment debtor. Imposition of a financial	7711
sanction and execution on the judgment does not preclude any other	7712
power of the court to impose or enforce sanctions on the offender.	7713
Once the financial sanction is imposed as a judgment, the victim,	7714
private provider, state, or political subdivision may bring an	7715
action to do any of the following:	7716

(1) Obtain execution of the judgment through any available	7717
procedure, including:	7718

(a) An execution against the property of the judgment debtor	7719
under Chapter 2329. of the Revised Code;	7720

(b) An execution against the person of the judgment debtor	7721
under Chapter 2331. of the Revised Code;	7722

(c) A proceeding in aid of execution under Chapter 2333. of	7723
the Revised Code, including:	7724

(i) A proceeding for the examination of the judgment debtor	7725
under sections 2333.09 to 2333.12 and sections 2333.15 to 2333.27	7726
of the Revised Code;	7727

(ii) A proceeding for attachment of the person of the	7728
judgment debtor under section 2333.28 of the Revised Code;	7729

(iii) A creditor's suit under section 2333.01 of the Revised	7730
Code.	7731

(d) The attachment of the property of the judgment debtor	7732
under Chapter 2715. of the Revised Code;	7733

(e) The garnishment of the property of the judgment debtor	7734
under Chapter 2716. of the Revised Code.	7735

(2) Obtain an order for the assignment of wages of the	7736
judgment debtor under section 1321.33 of the Revised Code.	7737

(E) A court that imposes a financial sanction upon an	7738
offender may hold a hearing if necessary to determine whether the	7739
offender is able to pay the sanction or is likely in the future to	7740
be able to pay it.	7741

(F) Each court imposing a financial sanction upon an	7742
offender under this section or under section 2929.252929.32 of	7743
the Revised Code may designate athe clerk of the court employee	7744
or another person to collect, orthe financial sanction. The	7745
clerk or other person authorized by law or the court to collect	7746
the financial sanction may enter into contracts with one or more	7747
public agencies or private vendors for the collection of, amounts	7748
due under the financial sanction imposed pursuant to this section	7749
or section 2929.252929.32 of the Revised Code. Before entering	7750
into a contract for the collection of amounts due from an offender	7751
pursuant to any financial sanction imposed pursuant to this	7752
section or section 2929.252929.32 of the Revised Code, a court	7753
shall comply with sections 307.86 to 307.92 of the Revised Code.	7754

(G) If a court that imposes a financial sanction under	7755
division (A) or (B) of this section finds that an offender	7756
satisfactorily has completed all other sanctions imposed upon the	7757
offender and that all restitution that has been ordered has been	7758
paid as ordered, the court may suspend any financial sanctions	7759
imposed pursuant to this section or section 2929.252929.32 of the	7760
Revised Code that have not been paid.	7761

(H) No financial sanction imposed under this section or	7762
section 2929.252929.32 of the Revised Code shall preclude a	7763
victim from bringing a civil action against the offender.	7764

Sec. 2929.19.  (A)(1) The court shall hold a sentencing	7765
hearing before imposing a sentence under this chapter upon an	7766
offender who was convicted of or pleaded guilty to a felony and	7767
before resentencing an offender who was convicted of or pleaded	7768
guilty to a felony and whose case was remanded pursuant to section	7769
2953.07 or 2953.08 of the Revised Code. At the hearing, the	7770
offender, the prosecuting attorney, the victim or the victim's	7771
representative in accordance with section 2930.14 of the Revised	7772
Code, and, with the approval of the court, any other person may	7773
present information relevant to the imposition of sentence in the	7774
case. The court shall inform the offender of the verdict of the	7775
jury or finding of the court and ask the offender whether the	7776
offender has anything to say as to why sentence should not be	7777
imposed upon the offender.	7778

(2) Except as otherwise provided in this division, before	7779
imposing sentence on an offender who is being sentenced for a	7780
sexually oriented offense that was committed on or after January	7781
1, 1997, and that is not a sexually violent offense, and before	7782
imposing sentence on an offender who is being sentenced for a	7783
sexually violent offense committed on or after January 1, 1997,	7784
and who was not charged with a sexually violent predator	7785
specification in the indictment, count in the indictment, or	7786
information charging the sexually violent offense, the court shall	7787
conduct a hearing in accordance with division (B) of section	7788
2950.09 of the Revised Code to determine whether the offender is a	7789
sexual predator. The court shall not conduct a hearing under that	7790
division if the offender is being sentenced for a sexually violent	7791
offense and a sexually violent predator specification was included	7792
in the indictment, count in the indictment, or information	7793
charging the sexually violent offense. Before imposing sentence	7794
on an offender who is being sentenced for a sexually oriented	7795
offense, the court also shall comply with division (E) of section	7796
2950.09 of the Revised Code.	7797

(B)(1) At the sentencing hearing, the court, before imposing	7798
sentence, shall consider the record, any information presented at	7799
the hearing by any person pursuant to division (A) of this	7800
section, and, if one was prepared, the presentence investigation	7801
report made pursuant to section 2951.03 of the Revised Code or	7802
Criminal Rule 32.2, and any victim impact statement made pursuant	7803
to section 2947.051 of the Revised Code.	7804

(2) The court shall impose a sentence and shall make a	7805
finding that gives its reasons for selecting the sentence imposed	7806
in any of the following circumstances:	7807

(a) Unless the offense is a sexually violent offense for	7808
which the court is required to impose sentence pursuant to	7809
division (G) of section 2929.14 of the Revised Code, if it imposes	7810
a prison term for a felony of the fourth or fifth degree or for a	7811
felony drug offense that is a violation of a provision of Chapter	7812
2925. of the Revised Code and that is specified as being subject	7813
to division (B) of section 2929.13 of the Revised Code for	7814
purposes of sentencing, its reasons for imposing the prison term,	7815
based upon the overriding purposes and principles of felony	7816
sentencing set forth in section 2929.11 of the Revised Code, and	7817
any factors listed in divisions (B)(1)(a) to (i) of section	7818
2929.13 of the Revised Code that it found to apply relative to the	7819
offender.	7820

(b) If it does not impose a prison term for a felony of the	7821
first or second degree or for a felony drug offense that is a	7822
violation of a provision of Chapter 2925. of the Revised Code and	7823
for which a presumption in favor of a prison term is specified as	7824
being applicable, its reasons for not imposing the prison term and	7825
for overriding the presumption, based upon the overriding purposes	7826
and principles of felony sentencing set forth in section 2929.11	7827
of the Revised Code, and the basis of the findings it made under	7828
divisions (D)(1) and (2) of section 2929.13 of the Revised Code.	7829

(c) If it imposes consecutive sentences under section	7830
2929.14 of the Revised Code, its reasons for imposing the	7831
consecutive sentences;	7832

(d) If the sentence is for one offense and it imposes a	7833
prison term for the offense that is the maximum prison term	7834
allowed for that offense by division (A) of section 2929.14 of the	7835
Revised Code, its reasons for imposing the maximum prison term;	7836

(e) If the sentence is for two or more offenses arising out	7837
of a single incident and it imposes a prison term for those	7838
offenses that is the maximum prison term allowed for the offense	7839
of the highest degree by division (A) of section 2929.14 of the	7840
Revised Code, its reasons for imposing the maximum prison term.	7841

(3) Subject to division (B)(4) of this section, if the	7842
sentencing court determines at the sentencing hearing that a	7843
prison term is necessary or required, the court shall do all of	7844
the following:	7845

(a) Impose a stated prison term;

7846

(b) Notify the offender that, as part of the sentence, the	7847
parole board may extend the stated prison term for certain	7848
violations of prison rules for up to one-half of the stated prison	7849
term;	7850

(c) Notify the offender that the offender will be supervised	7851
under section 2967.28 of the Revised Code after the offender	7852
leaves prison if the offender is being sentenced for a felony of	7853
the first degree or second degree, for a felony sex offense, or	7854
for a felony of the third degree in the commission of which the	7855
offender caused or threatened to cause physical harm to a person;	7856

(d) Notify the offender that the offender may be supervised	7857
under section 2967.28 of the Revised Code after the offender	7858
leaves prison if the offender is being sentenced for a felony of	7859
the third, fourth, or fifth degree that is not subject to division	7860
(B)(3)(c) of this section;	7861

(e) Notify the offender that, if a period of supervision is	7862
imposed following the offender's release from prison, as described	7863
in division (B)(3)(c) or (d) of this section, and if the offender	7864
violates that supervision or a condition of post-release control	7865
imposed under division (B) of section 2967.131 of the Revised	7866
Code, the parole board may impose a prison term, as part of the	7867
sentence, of up to one-half of the stated prison term originally	7868
imposed upon the offender;	7869

(f) Require that the offender not ingest or be injected with	7870
a drug of abuse and submit to random drug testing as provided in	7871
section 341.26, 753.33, or 5120.63 of the Revised Code, whichever	7872
is applicable to the offender who is serving a prison term, and	7873
require that the results of the drug test administered under any	7874
of those sections indicate that the offender did not ingest or was	7875
not injected with a drug of abuse.	7876

(4) If the offender is being sentenced for a sexually	7877
violent offense that the offender committed on or after January 1,	7878
1997, and the offender also is convicted of or pleads guilty to a	7879
sexually violent predator specification that was included in the	7880
indictment, count in the indictment, or information charging the	7881
sexually violent offense, if the offender is being sentenced for a	7882
sexually oriented offense that the offender committed on or after	7883
January 1, 1997, and the court imposing the sentence has	7884
determined pursuant to division (B) of section 2950.09 of the	7885
Revised Code that the offender is a sexual predator, or if the	7886
offender is being sentenced for an aggravated sexually oriented	7887
offense as defined in section 2950.01 of the Revised Code that the	7888
offender committed on or after the effective date of this	7889
amendmentJune 13, 2002, the court shall include in the offender's	7890
sentence a statement that the offender has been adjudicated as	7891
being a sexual predator or has been convicted of or pleaded guilty	7892
to an aggravated sexually oriented offense, whichever is	7893
applicable, and shall comply with the requirements of section	7894
2950.03 of the Revised Code. Additionally, in the circumstances	7895
described in division (G) of section 2929.14 of the Revised Code,	7896
the court shall impose sentence on the offender as described in	7897
that division.	7898

(5) If the sentencing court determines at the sentencing	7899
hearing that a community control sanction should be imposed and	7900
the court is not prohibited from imposing a community control	7901
sanction, the court shall impose a community control sanction. The	7902
court shall notify the offender that, if the conditions of the	7903
sanction are violated, if the offender commits a violation of any	7904
law, or if the offender leaves this state without the permission	7905
of the court or the offender's probation officer, the court may	7906
impose a longer time under the same sanction, may impose a more	7907
restrictive sanction, or may impose a prison term on the offender	7908
and shall indicate the specific prison term that may be imposed as	7909
a sanction for the violation, as selected by the court from the	7910
range of prison terms for the offense pursuant to section 2929.14	7911
of the Revised Code.	7912

(6) Before imposing a financial sanction under section	7913
2929.18 of the Revised Code or a fine under section 2929.25	7914
2929.32 of the Revised Code, the court shall consider the	7915
offender's present and future ability to pay the amount of the	7916
sanction or fine.	7917

(7) If the sentencing court sentences the offender to a	7918
sanction of confinement pursuant to section 2929.14 or 2929.16 of	7919
the Revised Code that is to be served in a local detention	7920
facility, as defined in section 2929.352929.36 of the Revised	7921
Code, and if the local detention facility is covered by a policy	7922
adopted pursuant to section 307.93, 341.14, 341.19, 341.21,	7923
341.23, 753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised	7924
Code and section 2929.37 of the Revised Code, both of the	7925
following apply:	7926

(a) The court shall specify both of the following as part of	7927
the sentence:	7928

(i) If the offender is presented with an itemized bill	7929
pursuant to section 2929.37 of the Revised Code for payment of the	7930
costs of confinement, the offender is required to pay the bill in	7931
accordance with that section.	7932

(ii) If the offender does not dispute the bill described in	7933
division (B)(7)(a)(i) of this section and does not pay the bill by	7934
the times specified in section 2929.37 of the Revised Code, the	7935
clerk of the court may issue a certificate of judgment against the	7936
offender as described in that section.	7937

(b) The sentence automatically includes any certificate of	7938
judgment issued as described in division (B)(7)(a)(ii) of this	7939
section.	7940

(C)(1) If the offender is being sentenced for a fourth	7941
degree felony OVI offense under division (G)(1) of section 2929.13	7942
of the Revised Code, the court shall impose the mandatory term of	7943
local incarceration in accordance with that division, shall impose	7944
a mandatory fine in accordance with division (B)(3) of section	7945
2929.18 of the Revised Code, and, in addition, may impose	7946
additional sanctions as specified in sections 2929.15, 2929.16,	7947
2929.17, and 2929.18 of the Revised Code. The court shall not	7948
impose a prison term on the offender.	7949

(2) If the offender is being sentenced for a third or fourth	7950
degree felony OVI offense under division (G)(2) of section 2929.13	7951
of the Revised Code, the court shall impose the mandatory prison	7952
term in accordance with that division, shall impose a mandatory	7953
fine in accordance with division (B)(3) of section 2929.18 of the	7954
Revised Code, and, in addition, may impose an additional prison	7955
term as specified in section 2929.14 of the Revised Code. The	7956
court shall not impose any community control sanction on the	7957
offender.	7958

(D) The sentencing court, pursuant to division (K) of	7959
section 2929.14 of the Revised Code, may recommend placement of	7960
the offender in a program of shock incarceration under section	7961
5120.031 of the Revised Code or an intensive program prison under	7962
section 5120.032 of the Revised Code, disapprove placement of the	7963
offender in a program or prison of that nature, or make no	7964
recommendation. If the court recommends or disapproves placement,	7965
it shall make a finding that gives its reasons for its	7966
recommendation or disapproval.	7967

Sec. 2929.21.  (A) A court that sentences an offender for a	7968
misdemeanor or minor misdemeanor shall be guided by the overriding	7969
purposes of misdemeanor sentencing. The overriding purposes of	7970
misdemeanor sentencing are to protect the public from future crime	7971
by the offender and others and to punish the offender. To achieve	7972
those purposes, the sentencing court shall consider the impact of	7973
the offense upon the victim and the need for changing the	7974
offender's behavior, rehabilitating the offender, and making	7975
restitution to the victim of the offense, the public, or the	7976
victim and the public.	7977

(B) A sentence imposed for a misdemeanor or minor misdemeanor	7978
shall be reasonably calculated to achieve the two overriding	7979
purposes of misdemeanor sentencing set forth in division (A) of	7980
this section, commensurate with and not demeaning to the	7981
seriousness of the offender's conduct and its impact upon the	7982
victim, and consistent with sentences imposed for similar offenses	7983
committed by similar offenders.	7984

(C) A court that imposes a sentence upon an offender for a	7985
misdemeanor or minor misdemeanor shall not base the sentence upon	7986
the race, ethnic background, gender, or religion of the offender.	7987

Sec. 2929.22.  (A) Unless a mandatory jail term is required	7988
to be imposed by division (G) of section 1547.99, division (B) of	7989
section 4510.14, division (G) of section 4511.19 of the Revised	7990
Code, or any other provision of the Revised Code a court that	7991
imposes a sentence under this chapter upon an offender for a	7992
misdemeanor or minor misdemeanor has discretion to determine the	7993
most effective way to achieve the purposes and principles of	7994
sentencing set forth in section 2929.21 of the Revised Code.	7995

Unless a specific sanction is required to be imposed or is	7996
precluded from being imposed by the section setting forth an	7997
offense or the penalty for an offense or by any provision of	7998
sections 2929.23 to 2929.28 of the Revised Code, a court that	7999
imposes a sentence upon an offender for a misdemeanor may impose	8000
on the offender any sanction or combination of sanctions under	8001
sections 2929.24 to 2929.28 of the Revised Code. The court shall	8002
not impose a sentence that imposes an unnecessary burden on local	8003
government resources.	8004

(B)(1) In determining the appropriate sentence for a	8005
misdemeanor, the court shall determine whether the victim of the	8006
offense was sixty-five years of age or older, permanently and	8007
totally disabled, or under eighteen years of age at the time of	8008
the commission of the offense and, to the extent applicable, shall	8009
proceed as follows:	8010

(a) If the court determines that the victim was sixty-five	8011
years of age or older, permanently and totally disabled, or under	8012
eighteen years of age at the time of the commission of the	8013
offense, regardless of whether the offender knew the age of the	8014
victim or knew of the victim's disability, and if the offense is a	8015
misdemeanor other than a minor misdemeanor, the court shall	8016
consider that fact in favor of imposing a jail term on the	8017
offender, but that fact shall not control the decision of the	8018
court.	8019

(b) If the court determines that the victim was sixty-five	8020
years of age or older or permanently and totally disabled at the	8021
time of the commission of the offense, regardless of whether the	8022
offender knew the age of the victim or knew of the victim's	8023
disability, the court shall consider that fact in favor of	8024
imposing a financial sanction of restitution on the offender under	8025
section 2929.28 of the Revised Code, but that fact shall not	8026
control the decision of the court.	8027

(2) In determining the appropriate sentence for a	8028
misdemeanor, in addition to complying with division (B)(1) of this	8029
section, the court shall consider all of the following factors:	8030

(a) The nature and circumstances of the offense or offenses;

8031

(b) Whether the circumstances regarding the offender and the	8032
offense or offenses indicate that the offender has a history of	8033
persistent criminal activity and that the offender's character and	8034
condition reveal a substantial risk that the offender will commit	8035
another offense;	8036

(c) Whether the circumstances regarding the offender and the	8037
offense or offenses indicate that the offender's history,	8038
character, and condition reveal a substantial risk that the	8039
offender will be a danger to others and that the offender's	8040
conduct has been characterized by a pattern of repetitive,	8041
compulsive, or aggressive behavior with heedless indifference to	8042
the consequences;	8043

(d) The criminal history and character of the offender in	8044
general, in addition to the circumstances described in divisions	8045
(B)(2)(b) and (c) of this section;	8046

(e) Whether the offender is likely to commit future crimes	8047
in general, in addition to the circumstances described in	8048
divisions (B)(2)(b) and (c) of this section.	8049

(3) In determining the appropriate sentence for a	8050
misdemeanor, in addition to complying with divisions (B)(1) and	8051
(2) of this section, the court may consider any other factors that	8052
are relevant to achieving the purposes and principles of	8053
sentencing set forth in section 2929.21 of the Revised Code.	8054

(C) Before imposing a jail term as a sentence for a	8055
misdemeanor, a court shall consider the appropriateness of	8056
imposing a community control sanction or a combination of	8057
community control sanctions under sections 2929.25, 2929.26,	8058
2929.27, and 2929.28 of the Revised Code. A court may impose the	8059
longest jail term authorized under section 2929.24 of the Revised	8060
Code only upon offenders who commit the worst forms of the offense	8061
or upon offenders whose conduct and response to prior sanctions	8062
for prior offenses demonstrate that the imposition of the longest	8063
jail term is necessary to deter the offender from committing a	8064
future crime.	8065

(D)(1) A sentencing court shall consider any relevant oral	8066
or written statement made by the victim, the defendant, the	8067
defense attorney, or the prosecuting authority regarding	8068
sentencing for a misdemeanor. This division does not create any	8069
rights to notice other than those rights authorized by Chapter	8070
2930. of the Revised Code.	8071

(2) At the time of sentencing for a misdemeanor or as soon	8072
as possible after sentencing, the court shall notify the victim of	8073
the offense of the victim's right to file an application for an	8074
award of reparations pursuant to sections 2743.51 to 2743.72 of	8075
the Revised Code.	8076

Sec. 2929.23.  (A) If an offender is being sentenced for a	8077
sexually oriented offense that is a misdemeanor committed on or	8078
after January 1, 1997, and if the judge imposing sentence for the	8079
sexually oriented offense determines pursuant to division (B) of	8080
section 2950.09 of the Revised Code that the offender is a sexual	8081
predator, the judge shall include in the offender's sentence a	8082
statement that the offender has been adjudicated a sexual	8083
predator, shall comply with the requirements of section 2950.03 of	8084
the Revised Code, and shall require the offender to submit to a	8085
DNA specimen collection procedure pursuant to section 2901.07 of	8086
the Revised Code.	8087

(B) Before imposing sentence on an offender who is being	8088
sentenced for a sexually oriented offense that is a misdemeanor	8089
committed on or after January 1, 1997, the judge shall conduct a	8090
hearing in accordance with division (B) of section 2950.09 of the	8091
Revised Code to determine whether the offender is a sexual	8092
predator. Before imposing sentence on an offender who is being	8093
sentenced for a sexually oriented offense, the court also shall	8094
comply with division (E) of section 2950.09 of the Revised Code.	8095

(C) If an offender is being sentenced for a sexually	8096
oriented offense that is a misdemeanor committed on or after	8097
January 1, 1997, the judge shall include in the sentence a summary	8098
of the offender's duty to register pursuant to section 2950.04 of	8099
the Revised Code, the offender's duty to provide notice of an	8100
intent to reside in a county if applicable pursuant to division	8101
(G) of section 2950.04 of the Revised Code, the offender's duty to	8102
provide notice of a change in residence address and register the	8103
new residence address pursuant to section 2950.05 of the Revised	8104
Code, the offender's duty to periodically verify the offender's	8105
current residence address pursuant to section 2950.06 of the	8106
Revised Code, and the duration of the duties. The judge shall	8107
inform the offender, at the time of sentencing, of those duties	8108
and of their duration and, if required under division (A)(2) of	8109
section 2950.03 of the Revised Code, shall perform the duties	8110
specified in that section.	8111

Sec. 2929.24.  (A) Except as provided in section 2929.22 or	8112
2929.23 of the Revised Code and unless another term is required or	8113
authorized pursuant to law, if the sentencing court imposing a	8114
sentence upon an offender for a misdemeanor elects or is required	8115
to impose a jail term on the offender pursuant to this chapter,	8116
the court shall impose a definite jail term that shall be one of	8117
the following:	8118

(1) For a misdemeanor of the first degree, not more than one	8119
hundred eighty days;	8120

(2) For a misdemeanor of the second degree, not more than	8121
ninety days;	8122

(3) For a misdemeanor of the third degree, not more than	8123
sixty days;	8124

(4) For a misdemeanor of the fourth degree, not more than	8125
thirty days.	8126

(B) A court that sentences an offender to a jail term under	8127
this section may permit the offender to serve the sentence in	8128
intermittent confinement or may authorize a limited release of the	8129
offender as provided in division (B) of section 2929.26 of the	8130
Revised Code.	8131

(C) If a court sentences an offender to a jail term under	8132
this section and the court assigns the offender to a county jail	8133
that has established a county jail industry program pursuant to	8134
section 5147.30 of the Revised Code, the court shall specify, as	8135
part of the sentence, whether the offender may be considered for	8136
participation in the program. During the offender's term in the	8137
county jail, the court retains jurisdiction to modify its	8138
specification regarding the offender's participation in the county	8139
jail industry program.	8140

(D) If a person is sentenced to a jail term pursuant to this	8141
section, the court may impose as part of the sentence pursuant to	8142
section 2929.28 of the Revised Code a reimbursement sanction, and,	8143
if the local detention facility in which the term is to be served	8144
is covered by a policy adopted pursuant to section 307.93, 341.14,	8145
341.19, 341.21, 341.23, 753.02, 753.04, 753.16, 2301.56, or	8146
2947.19 of the Revised Code and section 2929.37 of the Revised	8147
Code, both of the following apply:	8148

(1) The court shall specify both of the following as part of	8149
the sentence:	8150

(a) If the person is presented with an itemized bill pursuant	8151
to section 2929.37 of the Revised Code for payment of the costs of	8152
confinement, the person is required to pay the bill in accordance	8153
with that section.	8154

(b) If the person does not dispute the bill described in	8155
division (D)(1)(a) of this section and does not pay the bill by	8156
the times specified in section 2929.37 of the Revised Code, the	8157
clerk of the court may issue a certificate of judgment against the	8158
person as described in that section.	8159

(2) The sentence automatically includes any certificate of	8160
judgment issued as described in division (D)(1)(b) of this	8161
section.	8162

Sec. 2929.25.  (A)(1) Except as provided in sections 2929.22	8163
and 2929.23 of the Revised Code or when a jail term is required by	8164
law, in sentencing an offender for a misdemeanor, other than a	8165
minor misdemeanor, the sentencing court may do either of the	8166
following:	8167

(a) Directly impose a sentence that consists of one or more	8168
community control sanctions authorized by section 2929.26,	8169
2929.27, or 2929.28 of the Revised Code. The court may impose any	8170
other conditions of release under a community control sanction	8171
that the court considers appropriate, including, but not limited	8172
to, requiring that the offender not ingest or be injected with a	8173
drug of abuse and submit to random drug testing and requiring that	8174
the results of the drug test indicate that the offender did not	8175
ingest or was not injected with a drug of abuse. If the court	8176
imposes a jail term upon the offender, the court may impose any	8177
community control sanction or combination of community control	8178
sanctions in addition to the jail term.	8179

(b) Impose a jail term under section 2929.24 of the Revised	8180
Code from the range of jail terms authorized under that section	8181
for the offense, suspend all or a portion of the jail term	8182
imposed, and place the offender under a community control sanction	8183
or combination of community control sanctions authorized under	8184
section 2929.26, 2929.27, or 2929.28 of the Revised Code.	8185

(2) The duration of all community control sanctions imposed	8186
upon an offender and in effect for an offender at any time shall	8187
not exceed five years.	8188

(3) At sentencing, if a court directly imposes a community	8189
control sanction or combination of community control sanctions	8190
pursuant to division (A)(1)(a) of this section, the court shall	8191
state the duration of the community control sanctions imposed and	8192
shall notify the offender that if any of the conditions of the	8193
community control sanctions are violated the court may do any of	8194
the following:	8195

(a) Impose a longer time under the same community control	8196
sanction if the total time under all of the offender's community	8197
control sanctions does not exceed the five-year limit specified in	8198
division (A)(2) of this section;	8199

(b) Impose a more restrictive community control sanction	8200
under section 2929.26, 2929.27, or 2929.28 of the Revised Code,	8201
but the court is not required to impose any particular sanction or	8202
sanctions;	8203

(c) Impose a definite jail term from the range of jail terms	8204
authorized for the offense under section 2929.24 of the Revised	8205
Code.	8206

(B)(1) If a court sentences an offender to any community	8207
control sanction or combination of community control sanctions	8208
authorized under section 2929.26, 2929.27, or 2929.28 of the	8209
Revised Code, the court shall place the offender under the general	8210
control and supervision of the court or of a department of	8211
probation in the jurisdiction that serves the court for purposes	8212
of reporting to the court a violation of any of the conditions of	8213
the sanctions imposed. If the offender resides in another	8214
jurisdiction and a department of probation has been established to	8215
serve the municipal court or county court in that jurisdiction,	8216
the sentencing court may request the municipal court or the county	8217
court to receive the offender into the general control and	8218
supervision of that department of probation for purposes of	8219
reporting to the sentencing court a violation of any of the	8220
conditions of the sanctions imposed. The sentencing court retains	8221
jurisdiction over any offender whom it sentences for the duration	8222
of the sanction or sanctions imposed.	8223

(2) The sentencing court shall require as a condition of any	8224
community control sanction that the offender abide by the law and	8225
not leave the state without the permission of the court or the	8226
offender's probation officer. In the interests of doing justice,	8227
rehabilitating the offender, and ensuring the offender's good	8228
behavior, the court may impose additional requirements on the	8229
offender. The offender's compliance with the additional	8230
requirements also shall be a condition of the community control	8231
sanction imposed upon the offender.	8232

(C)(1) If the court imposing sentence upon an offender	8233
sentences the offender to any community control sanction or	8234
combination of community control sanctions authorized under	8235
section 2929.26, 2929.27, or 2929.28 of the Revised Code, and if	8236
the offender violates any of the conditions of the sanctions, the	8237
public or private person or entity that supervises or administers	8238
the program or activity that comprises the sanction shall report	8239
the violation directly to the sentencing court or to the	8240
department of probation or probation officer with general control	8241
and supervision over the offender. If the public or private	8242
person or entity reports the violation to the department of	8243
probation or probation officer, the department or officer shall	8244
report the violation to the sentencing court.	8245

(2) If an offender violates any condition of a community	8246
control sanction, the sentencing court may impose upon the	8247
violator a longer time under the same community control sanction	8248
if the total time under all of the community control sanctions	8249
imposed on the violator does not exceed the five-year limit	8250
specified in division (A)(2) of this section or may impose on the	8251
violator a more restrictive community control sanction or	8252
combination of community control sanctions, including a jail term.	8253
If the court imposes a jail term upon a violator pursuant to this	8254
division, the total time spent in jail for the misdemeanor offense	8255
and the violation of a condition of the community control sanction	8256
shall not exceed the maximum jail term available for the offense	8257
for which the sanction that was violated was imposed. The court	8258
may reduce the longer period of time that the violator is required	8259
to spend under the longer sanction or the more restrictive	8260
sanction by all or part of the time the violator successfully	8261
spent under the sanction that was initially imposed.	8262

(D) Except as otherwise provided in this division, if an	8263
offender, for a significant period of time, fulfills the	8264
conditions of a community control sanction imposed pursuant to	8265
section 2929.26, 2929.27, or 2929.28 of the Revised Code in an	8266
exemplary manner, the court may reduce the period of time under	8267
the community control sanction or impose a less restrictive	8268
community control sanction. Fulfilling the conditions of a	8269
community control sanction does not relieve the offender of a duty	8270
to make restitution under section 2929.28 of the Revised Code.	8271

Sec. 2929.26.  (A) Except when a mandatory jail term is	8272
required by law, the court imposing a sentence for a misdemeanor,	8273
other than a minor misdemeanor, may impose upon the offender any	8274
community residential sanction or combination of community	8275
residential sanctions under this section. Community residential	8276
sanctions include, but are not limited to, the following:	8277

(1) A term of up to one hundred eighty days in a halfway	8278
house or a term in a halfway house not to exceed the longest jail	8279
term available for the offense, whichever is shorter, if the	8280
political subdivision that would have responsibility for paying	8281
the costs of confining the offender in a jail has entered into a	8282
contract with the halfway house for use of the facility for	8283
misdemeanor offenders;	8284

(2) A term of up to one hundred eighty days in an	8285
alternative residential facility or a term in an alternative	8286
residential facility not to exceed the longest jail term available	8287
for the offense, whichever is shorter. The court may specify the	8288
level of security in the alternative residential facility that is	8289
needed for the offender.	8290

(B) The court that sentences an offender to a community	8291
residential sanction under this section may do either or both of	8292
the following:	8293

(1) Permit the offender to serve the offender's sentence in	8294
intermittent confinement, overnight, on weekends or at any other	8295
time or times that will allow the offender to continue at the	8296
offender's occupation or care for the offender's family;	8297

(2) Authorize the offender to be released so that the	8298
offender may seek or maintain employment, receive education or	8299
training, receive treatment, perform community service, or	8300
otherwise fulfill an obligation imposed by law or by the court. A	8301
release pursuant to this division shall be only for the duration	8302
of time that is needed to fulfill the purpose of the release and	8303
for travel that reasonably is necessary to fulfill the purposes of	8304
the release.	8305

(C) The court may order that a reasonable portion of the	8306
income earned by the offender upon a release pursuant to division	8307
(B) of this section be applied to any financial sanction imposed	8308
under section 2929.28 of the Revised Code.	8309

(D) No court shall sentence any person to a prison term for	8310
a misdemeanor or minor misdemeanor or to a jail term for a minor	8311
misdemeanor.	8312

(E) If a court sentences a person who has been convicted of	8313
or pleaded guilty to a misdemeanor to a community residential	8314
sanction as described in division (A) of this section, at the time	8315
of reception and at other times the person in charge of the	8316
operation of the halfway house, alternative residential facility,	8317
or other place at which the offender will serve the residential	8318
sanction determines to be appropriate, the person in charge of the	8319
operation of the halfway house, alternative residential facility,	8320
or other place may cause the convicted offender to be examined and	8321
tested for tuberculosis, HIV infection, hepatitis, including, but	8322
not limited to, hepatitis A, B, and C, and other contagious	8323
diseases. The person in charge of the operation of the halfway	8324
house, alternative residential facility, or other place at which	8325
the offender will serve the residential sanction may cause a	8326
convicted offender in the halfway house, alternative residential	8327
facility, or other place who refuses to be tested or treated for	8328
tuberculosis, HIV infection, hepatitis, including, but not limited	8329
to, hepatitis A, B, and C, or another contagious disease to be	8330
tested and treated involuntarily.	8331

(F) A political subdivision may enter into a contract with a	8332
halfway house for use of the halfway house to house misdemeanor	8333
offenders under a sanction imposed under division (A)(1) of this	8334
section.	8335

Sec. 2929.27.  (A) Except when a mandatory jail term is	8336
required by law, the court imposing a sentence for a misdemeanor,	8337
other than a minor misdemeanor, may impose upon the offender any	8338
nonresidential sanction or combination of nonresidential sanctions	8339
authorized under this division. Nonresidential sanctions include,	8340
but are not limited to, the following:	8341

(1) A term of day reporting;

8342

(2) A term of house arrest with electronic monitoring, a	8343
term of electronic monitoring without house arrest, or a term of	8344
house arrest without electronic monitoring;	8345

(3) A term of community service of up to five hundred hours	8346
for a misdemeanor of the first degree or two hundred hours for a	8347
misdemeanor of the second, third, or fourth degree;	8348

(4) A term in a drug treatment program with a level of	8349
security for the offender as determined necessary by the court;	8350

(5) A term of intensive probation supervision;

8351

(6) A term of basic probation supervision;

8352

(7) A term of monitored time;

8353

(8) A term of drug and alcohol use monitoring, including	8354
random drug testing;	8355

(9) A curfew term;

8356

(10) A requirement that the offender obtain employment;

8357

(11) A requirement that the offender obtain education or	8358
training;	8359

(12) Provided the court obtains the prior approval of the	8360
victim, a requirement that the offender participate in	8361
victim-offender mediation;	8362

(13) If authorized by law, suspension of the offender's	8363
privilege to operate a motor vehicle, immobilization or forfeiture	8364
of the offender's motor vehicle, a requirement that the offender	8365
obtain a valid motor vehicle operator's license, or any other	8366
related sanction;	8367

(14) A requirement that the offender obtain counseling if the	8368
offense is a violation of section 2919.25 or a violation of	8369
section 2903.13 of the Revised Code involving a person who was a	8370
family or household member at the time of the violation, if the	8371
offender committed the offense in the vicinity of one or more	8372
children who are not victims of the offense, and if the offender	8373
or the victim of the offense is a parent, guardian, custodian, or	8374
person in loco parentis of one or more of those children. This	8375
division does not limit the court in requiring that the offender	8376
obtain counseling for any offense or in any circumstance not	8377
specified in this division.	8378

(B) In addition to the sanctions authorized under division	8379
(A) of this section, the court imposing a sentence for a	8380
misdemeanor, other than a minor misdemeanor, upon an offender who	8381
is not required to serve a mandatory jail term may impose any	8382
other sanction that is intended to discourage the offender or	8383
other persons from committing a similar offense if the sanction is	8384
reasonably related to the overriding purposes and principles of	8385
misdemeanor sentencing.	8386

(C) The court imposing a sentence for a minor misdemeanor	8387
may impose a term of community service in lieu of all or part of a	8388
fine. The term of community service imposed for a minor	8389
misdemeanor shall not exceed thirty hours.	8390

Sec. 2929.28.  (A) In addition to imposing court costs	8391
pursuant to section 2947.23 of the Revised Code, the court	8392
imposing a sentence upon an offender for a misdemeanor, including	8393
a minor misdemeanor, may sentence the offender to any financial	8394
sanction or combination of financial sanctions authorized under	8395
this section. Financial sanctions that may be imposed pursuant to	8396
this section include, but are not limited to, the following:	8397

(1) Restitution by the offender to the victim of the	8398
offender's crime or any survivor of the victim, in an amount based	8399
on the victim's economic loss. The court shall order that the	8400
restitution be made to the victim in open court or to the adult	8401
probation department that serves the jurisdiction or the clerk of	8402
the court on behalf of the victim. The order may include a	8403
requirement that reimbursement be made to third parties, other	8404
than the offender's insurer, for amounts paid to the victim or any	8405
survivor of the victim for economic loss resulting from the	8406
offense. If reimbursement to third parties is required, the	8407
offender shall make the reimbursement to any governmental agency	8408
to repay any amounts paid by the agency to the victim or survivor	8409
before the offender makes any reimbursement to any other person.	8410

The court shall determine, or order to be determined, the	8411
amount of restitution to be paid by the offender. The court may	8412
base the amount of restitution it orders on an amount recommended	8413
by the victim, the offender, a presentence investigation report,	8414
estimates or receipts indicating the cost of repairing or	8415
replacing property, and other information. The court shall hold a	8416
hearing on restitution if the offender, victim, or survivor	8417
disputes the amount of restitution.	8418

All restitution payments shall be credited against any	8419
recovery of economic loss in a civil action brought by the victim	8420
or any survivor of the victim against the offender.	8421

The court may order that the offender pay a surcharge, of not	8422
more than five per cent of the amount of the restitution otherwise	8423
ordered, to the entity responsible for collecting and processing	8424
restitution payments.	8425

The victim or survivor may request that the prosecuting	8426
attorney file a motion, or the offender may file a motion, for	8427
modification of the payment terms of any restitution ordered. If	8428
the court grants the motion, it may modify the payment terms as it	8429
determines appropriate.	8430

(2) A fine of the type described in divisions (A)(2)(a) and	8431
(b) of this section payable to the appropriate entity as required	8432
by law:	8433

(a) A fine in the following amount:

8434

(i) For a misdemeanor of the first degree, not more than one	8435
thousand dollars;	8436

(ii) For a misdemeanor of the second degree, not more than	8437
seven hundred fifty dollars;	8438

(iii) For a misdemeanor of the third degree, not more than	8439
five hundred dollars;	8440

(iv) For a misdemeanor of the fourth degree, not more than	8441
two hundred fifty dollars;	8442

(v) For a minor misdemeanor, not more than one hundred fifty	8443
dollars.	8444

(b) A state fine or cost as defined in section 2949.111 of	8445
the Revised Code.	8446

(3)(a) Reimbursement by the offender of any or all of the	8447
costs of sanctions incurred by the government, including, but not	8448
limited to, the following:	8449

(i) All or part of the costs of implementing any community	8450
control sanction, including a supervision fee under section	8451
2951.021 of the Revised Code;	8452

(ii) All or part of the costs of confinement in a jail or	8453
other residential facility, including, but not limited to, a per	8454
diem fee for room and board, the costs of medical and dental	8455
treatment, and the costs of repairing property damaged by the	8456
offender while confined.	8457

(b) The amount of reimbursement ordered under division	8458
(A)(3)(a) of this section shall not exceed the total amount of	8459
reimbursement the offender is able to pay and shall not exceed the	8460
actual cost of the sanctions. The court may collect any amount of	8461
reimbursement the offender is required to pay under that division.	8462
If the court does not order reimbursement under that division,	8463
confinement costs may be assessed pursuant to a repayment policy	8464
adopted under section 2929.37 of the Revised Code. In addition,	8465
the offender may be required to pay the fees specified in section	8466
2929.38 of the Revised Code in accordance with that section.	8467

(B) If the court determines a hearing is necessary, the	8468
court may hold a hearing to determine whether the offender is able	8469
to pay the financial sanction imposed pursuant to this section or	8470
court costs or is likely in the future to be able to pay the	8471
sanction or costs.	8472

If the court determines that the offender is indigent and	8473
unable to pay the financial sanction or court costs, the court	8474
shall consider imposing and may impose a term of community service	8475
under division (A) of section 2929.27 of the Revised Code in lieu	8476
of imposing a financial sanction or court costs. If the court	8477
does not determine that the offender is indigent, the court may	8478
impose a term of community service under division (A) of section	8479
2929.27 of the Revised Code in lieu of or in addition to imposing	8480
a financial sanction under this section and in addition to	8481
imposing court costs. The court may order community service for a	8482
minor misdemeanor pursuant to division (C) of section 2929.27 of	8483
the Revised Code in lieu of or in addition to imposing a financial	8484
sanction under this section and in addition to imposing court	8485
costs. If a person fails to pay a financial sanction or court	8486
costs, the court may order community service in lieu of the	8487
financial sanction or court costs.	8488

(C)(1) The offender shall pay reimbursements imposed upon	8489
the offender pursuant to division (A)(3) of this section to pay	8490
the costs incurred by a county pursuant to any sanction imposed	8491
under this section or section 2929.26 or 2929.27 of the Revised	8492
Code or in operating a facility used to confine offenders pursuant	8493
to a sanction imposed under section 2929.26 of the Revised Code to	8494
the county treasurer. The county treasurer shall deposit the	8495
reimbursements in the county's general fund in accordance with	8496
division (H) of this section. The county shall use the amounts	8497
deposited in the fund to pay the costs incurred by the county	8498
pursuant to any sanction imposed under this section or section	8499
2929.26 or 2929.27 of the Revised Code or in operating a facility	8500
used to confine offenders pursuant to a sanction imposed under	8501
section 2929.26 of the Revised Code.	8502

(2) The offender shall pay reimbursements imposed upon the	8503
offender pursuant to division (A)(3) of this section to pay the	8504
costs incurred by a municipal corporation pursuant to any sanction	8505
imposed under this section or section 2929.26 or 2929.27 of the	8506
Revised Code or in operating a facility used to confine offenders	8507
pursuant to a sanction imposed under section 2929.26 of the	8508
Revised Code to the treasurer of the municipal corporation. The	8509
treasurer shall deposit the reimbursements in the municipal	8510
corporation's general fund in accordance with division (H) of	8511
this section. The municipal corporation shall use the amounts	8512
deposited in the fund to pay the costs incurred by the municipal	8513
corporation pursuant to any sanction imposed under this section or	8514
section 2929.26 or 2929.27 of the Revised Code or in operating a	8515
facility used to confine offenders pursuant to a sanction imposed	8516
under section 2929.26 of the Revised Code.	8517

(3) The offender shall pay reimbursements imposed pursuant	8518
to division (A)(3) of this section for the costs incurred by a	8519
private provider pursuant to a sanction imposed under this section	8520
or section 2929.26 or 2929.27 of the Revised Code to the provider.	8521

(D) Except as otherwise provided in this division, a	8522
financial sanction imposed under division (A) of this section is a	8523
judgment in favor of the state or the political subdivision that	8524
operates the court that imposed the financial sanction. A	8525
financial sanction of reimbursement imposed pursuant to division	8526
(A)(3)(a)(i) of this section upon an offender is a judgment in	8527
favor of the entity administering the community control sanction.	8528
A financial sanction of reimbursement imposed pursuant to division	8529
(A)(3)(a)(ii) of this section upon an offender confined in a jail	8530
or other residential facility is a judgment in favor of the entity	8531
operating the jail or other residential facility. A financial	8532
sanction of restitution imposed pursuant to division (A)(1) of	8533
this section is a judgment in favor of the victim of the	8534
offender's criminal act. The offender subject to the financial	8535
sanction is the judgment debtor.	8536

Once the financial sanction is imposed as a judgment, the	8537
victim, private provider, state, or political subdivision may	8538
bring an action to do any of the following:	8539

(1) Obtain execution of the judgment through any available	8540
procedure, including any of the procedures identified in divisions	8541
(D)(1)(a) to (e) of section 2929.18 of the Revised Code.	8542

(2) Obtain an order for the assignment of wages of the	8543
judgment debtor under section 1321.33 of the Revised Code.	8544

(E) The civil remedies authorized under division (D) of this	8545
section for the collection of the financial sanction supplement,	8546
but do not preclude, enforcement of the criminal sentence.	8547

(F) Each court imposing a financial sanction upon an	8548
offender under this section may designate the clerk of the court	8549
or another person to collect the financial sanction. The clerk,	8550
or another person authorized by law or the court to collect the	8551
financial sanction may do the following:	8552

(1) Enter into contracts with one or more public agencies or	8553
private vendors for the collection of amounts due under the	8554
sanction. Before entering into a contract for the collection of	8555
amounts due from an offender pursuant to any financial sanction	8556
imposed pursuant to this section, a court shall comply with	8557
sections 307.86 to 307.92 of the Revised Code.	8558

(2) Permit payment of all or any portion of the sanction in	8559
installments, by financial transaction device if the court is a	8560
county court or a municipal court operated by a county, by credit	8561
or debit card or by another electronic transfer if the court is a	8562
municipal court not operated by a county, or by any other	8563
reasonable method, in any time, and on any terms that court	8564
considers just, except that the maximum time permitted for payment	8565
shall not exceed five years. If the court is a county court or a	8566
municipal court operated by a county, the acceptance of payments	8567
by any financial transaction device shall be governed by the	8568
policy adopted by the board of county commissioners of the county	8569
pursuant to section 301.28 of the Revised Code. If the court is a	8570
municipal court not operated by a county, the clerk may pay any	8571
fee associated with processing an electronic transfer out of	8572
public money or may charge the fee to the offender.	8573

(3) To defray administrative costs, charge a reasonable fee	8574
to an offender who elects a payment plan rather than a lump sum	8575
payment of any financial sanction.	8576

(G) No financial sanction imposed under this section shall	8577
preclude a victim from bringing a civil action against the	8578
offender.	8579

(H) Reimbursement imposed under division (A)(3) of this	8580
section to pay the costs incurred by a county or municipal	8581
corporation shall be paid to the general fund of the county or	8582
municipal corporation that incurred the expenses in question, as	8583
described in division (C) of this section.	8584

Sec. 2929.31.  (A) Regardless of the penalties provided in	8585
sections 2929.02, 2929.14 to 2929.18, and 2929.212929.24to	8586
2929.28 of the Revised Code, an organization convicted of an	8587
offense pursuant to section 2901.23 of the Revised Code shall be	8588
fined in accordance with this section. The court shall fix the	8589
fine as follows:	8590

(1) For aggravated murder, not more than one hundred	8591
thousand dollars;	8592

(2) For murder, not more than fifty thousand dollars;

8593

(3) For a felony of the first degree, not more than	8594
twenty-five thousand dollars;	8595

(4) For a felony of the second degree, not more than twenty	8596
thousand dollars;	8597

(5) For a felony of the third degree, not more than fifteen	8598
thousand dollars;	8599

(6) For a felony of the fourth degree, not more than ten	8600
thousand dollars;	8601

(7) For a felony of the fifth degree, not more than	8602
seventy-five hundred dollars;	8603

(8) For a misdemeanor of the first degree, not more than	8604
five thousand dollars;	8605

(9) For a misdemeanor of the second degree, not more than	8606
four thousand dollars;	8607

(10) For a misdemeanor of the third degree, not more than	8608
three thousand dollars;	8609

(11) For a misdemeanor of the fourth degree, not more than	8610
two thousand dollars;	8611

(12) For a minor misdemeanor, not more than one thousand	8612
dollars;	8613

(13) For a felony not specifically classified, not more than	8614
ten thousand dollars;	8615

(14) For a misdemeanor not specifically classified, not more	8616
than two thousand dollars;	8617

(15) For a minor misdemeanor not specifically classified,	8618
not more than one thousand dollars.	8619

(B) When an organization is convicted of an offense that is	8620
not specifically classified, and the section defining the offense	8621
or penalty plainly indicates a purpose to impose the penalty	8622
provided for violation upon organizations, then the penalty so	8623
provided shall be imposed in lieu of the penalty provided in this	8624
section.	8625

(C) When an organization is convicted of an offense that is	8626
not specifically classified, and the penalty provided includes a	8627
higher fine than the fine that is provided in this section, then	8628
the penalty imposed shall be pursuant to the penalty provided for	8629
the violation of the section defining the offense.	8630

(D) This section does not prevent the imposition of	8631
available civil sanctions against an organization convicted of an	8632
offense pursuant to section 2901.23 of the Revised Code, either in	8633
addition to or in lieu of a fine imposed pursuant to this section.	8634

Sec. 2929.25.        Sec. 2929.32.  (A)(1) Subject to division (A)(2) of	8635
this section, notwithstanding the fines prescribed in section	8636
2929.02 of the Revised Code for a person who is convicted of or	8637
pleads guilty to aggravated murder or murder, the fines prescribed	8638
in section 2929.18 of the Revised Code for a person who is	8639
convicted of or pleads guilty to a felony, the fines prescribed in	8640
section 2929.212929.28 of the Revised Code for a person who is	8641
convicted of or pleads guilty to a misdemeanor, the fines	8642
prescribed in section 2929.31 of the Revised Code for an	8643
organization that is convicted of or pleads guilty to an offense,	8644
and the fines prescribed in any other section of the Revised Code	8645
for a person who is convicted of or pleads guilty to an offense, a	8646
sentencing court may impose upon the offender a fine of not more	8647
than one million dollars if any of the following applies to the	8648
offense and the offender:	8649

(a) There are three or more victims, as defined in section	8650
2969.11 of the Revised Code, of the offense for which the offender	8651
is being sentenced.	8652

(b) The offender previously has been convicted of or pleaded	8653
guilty to one or more offenses, and, for the offense for which the	8654
offender is being sentenced and all of the other offenses, there	8655
is a total of three or more victims, as defined in section 2969.11	8656
of the Revised Code.	8657

(c) The offense for which the offender is being sentenced is	8658
aggravated murder, murder, or a felony of the first degree that,	8659
if it had been committed prior to July 1, 1996, would have been an	8660
aggravated felony of the first degree.	8661

(2) If the offense in question is a first, second, or third	8662
degree felony violation of any provision of Chapter 2925., 3719.,	8663
or 4729. of the Revised Code, the court shall impose upon the	8664
offender the mandatory fine described in division (B) of section	8665
2929.18 of the Revised Code, and, in addition, may impose a fine	8666
under division (A)(1) of this section, provided that the total of	8667
the mandatory fine and the fine imposed under division (A)(1) of	8668
this section shall not exceed one million dollars. The mandatory	8669
fine shall be paid as described in division (D) of section 2929.18	8670
of the Revised Code, and the fine imposed under division (A)(1) of	8671
this section shall be deposited pursuant to division (B) of this	8672
section.	8673

(B) If a sentencing court imposes a fine upon an offender	8674
pursuant to division (A)(1) of this section, all moneys paid in	8675
satisfaction of the fine or collected pursuant to division (C)(1)	8676
of this section in satisfaction of the fine shall be deposited	8677
into the crime victims recovery fund created by division (D) of	8678
this section and shall be distributed as described in that	8679
division.	8680

(C)(1) Subject to division (C)(2) of this section,	8681
notwithstanding any contrary provision of any section of the	8682
Revised Code, if a sentencing court imposes a fine upon an	8683
offender pursuant to division (A)(1) of this section or pursuant	8684
to another section of the Revised Code, the fine shall be a	8685
judgment against the offender in favor of the state, and both of	8686
the following apply to that judgment:	8687

(a) The state may collect the judgment by garnishing,	8688
attaching, or otherwise executing against any income, profits, or	8689
other real or personal property in which the offender has any	8690
right, title, or interest, including property acquired after the	8691
imposition of the fine, in the same manner as if the judgment had	8692
been rendered against the offender and in favor of the state in a	8693
civil action. If the fine is imposed pursuant to division (A)(1)	8694
of this section, the moneys collected as a result of the	8695
garnishment, attachment, or other execution shall be deposited and	8696
distributed as described in divisions (B) and (D) of this section.	8697
If the fine is not imposed pursuant to division (A)(1) of this	8698
section, the moneys collected as a result of the garnishment,	8699
attachment, or other execution shall be distributed as otherwise	8700
provided by law for the distribution of money paid in satisfaction	8701
of a fine.	8702

(b) The provisions of Chapter 2329. of the Revised Code	8703
relative to the establishment of court judgments and decrees as	8704
liens and to the enforcement of those liens apply to the judgment.	8705

(2) Division (C)(1) of this section does not apply to any	8706
financial sanction imposed pursuant to section 2929.18 of the	8707
Revised Code upon a person who is convicted of or pleads guilty to	8708
a felony.	8709

(D) There is hereby created in the state treasury the crime	8710
victims recovery fund. If a sentencing court imposes a fine upon	8711
an offender pursuant to division (A)(1) of this section, all	8712
moneys paid in satisfaction of the fine and all moneys collected	8713
in satisfaction of the fine pursuant to division (C)(1) of this	8714
section shall be deposited into the fund. The fund shall be	8715
administered and the moneys in it shall be distributed in	8716
accordance with sections 2969.11 to 2969.14 of the Revised Code.	8717

Sec. 2929.221.        Sec. 2929.34.  (A) A person who is convicted of or	8718
pleads guilty to aggravated murder, murder, or an offense	8719
punishable by life imprisonment and who is sentenced to a term of	8720
life imprisonment or a prison term pursuant to that conviction	8721
shall serve that term of imprisonment in an institution under the	8722
control of the department of rehabilitation and correction.	8723

(B)(1) A person who is convicted of or pleads guilty to a	8724
felony other than aggravated murder, murder, or an offense	8725
punishable by life imprisonment and who is sentenced to a term of	8726
imprisonment or a prison term pursuant to that conviction shall	8727
serve that term of imprisonment as follows:	8728

(a) Subject to divisions (B)(1)(b) and (B)(2) of this	8729
section, in an institution under the control of the department of	8730
rehabilitation and correction if the term of imprisonment is a	8731
prison term or shall serve it as otherwise determined by the	8732
sentencing court pursuant to section 2929.16 of the Revised Code	8733
if the term is not a prison term;	8734

(b) In a facility of a type described in division (G)(1) of	8735
section 2929.13 of the Revised Code, if the offender is sentenced	8736
pursuant to that division.	8737

(2) If the term of imprisonment is a prison term, the person	8738
may be imprisoned in a jail that is not a minimum security	8739
misdemeanant jail pursuant to agreement under section 5120.161 of	8740
the Revised Code between the department of rehabilitation and	8741
correction and the local authority that operates the jail.	8742

(C) A person who is convicted of or pleads guilty to one or	8743
more misdemeanors and who is sentenced to a jail term or term of	8744
imprisonment pursuant to the conviction or convictions shall serve	8745
that term of imprisonment in a county, multicounty, municipal,	8746
municipal-county, or multicounty-municipal jail or workhouse or,	8747
if the misdemeanor or misdemeanors are not offenses of violence,	8748
in a minimum security misdemeanant jail.	8749

(D) Nothing in this section prohibits the commitment,	8750
referral, or sentencing of a person who is convicted of or pleads	8751
guilty to a felony to a community-based correctional facility and	8752
program or district community-based correctional facility and	8753
program in accordance with sections 2301.51 to 2301.56 of the	8754
Revised Code.	8755

Sec. 2929.35.        Sec. 2929.36. As used in sections 2929.352929.36 to	8756
2929.38 of the Revised Code:	8757

(A) "Chief legal officer" includes a prosecuting attorney,	8758
village solicitor, city director of law, and attorney for a	8759
district of a joint city and county workhouse or county workhouse.	8760

(B) "Clerk of the appropriate court" or "appropriate court	8761
clerk" means whichever of the following applies:	8762

(1) If the local detention facility in question is a	8763
multicounty correctional center, multicounty-municipal	8764
correctional center, district community-based correctional	8765
facility, or district workhouse, the clerk of the court of common	8766
pleas of the most populous county served by the local detention	8767
facility;	8768

(2) If the local detention facility in question is a city	8769
workhouse, the clerk of the municipal court for that city;	8770

(3) If neither (B)(1) nor (B)(2) of this section applies,	8771
the clerk of the court of common pleas of the county in which the	8772
local detention facility in question is located.	8773

(C) "Homestead" has the same meaning as in division (A) of	8774
section 323.151 of the Revised Code.	8775

(D) "Inmate account" has the same meaning as in section	8776
2969.21 of the Revised Code.	8777

(E) "Local detention facility" means a multicounty	8778
correctional center, municipal-county correctional center,	8779
multicounty-municipal correctional center, community-based	8780
correctional facility, district community-based correctional	8781
facility, jail, county jail, municipal or county prison, station	8782
house, workhouse, city workhouse, county workhouse, joint city and	8783
county workhouse, and district workhouse.	8784

Sec. 2929.37.  (A) A board of county commissioners, in an	8785
agreement with the sheriff, a legislative authority of a municipal	8786
corporation, a corrections commission, a judicial corrections	8787
board, or any other public or private entity that operates a local	8788
detention facility at which a prisoner who is convicted of an	8789
offense and who is confined in the facility under a sanction or	8790
term of imprisonment imposed under section 2929.16 or, sections	8791
2929.21 to 2929.28, or any other provision of the Revised Code may	8792
adopt, pursuant to section 307.93, 341.14, 341.19, 341.21, 341.23,	8793
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised Code, a	8794
policy that requires the prisoner to pay all or part of the costs	8795
of confinement in that facility. If a board of county	8796
commissioners, legislative authority, corrections commission,	8797
judicial corrections board, or other entity adopts a policy for a	8798
facility pursuant to one of those sections, the person in charge	8799
of that facility shall appoint a reimbursement coordinator to	8800
administer the facility's policy.	8801

The costs of confinement may include, but are not limited to,	8802
the costs of repairing property damaged by the prisoner while	8803
confined, a per diem fee for room and board, medical and dental	8804
treatment costs, the fee for a random drug test assessed under	8805
division (E) of section 341.26 and division (E) of section 753.33	8806
of the Revised Code, and a one-time reception fee for the costs of	8807
processing the prisoner into the facility at the time of the	8808
prisoner's initial entry into the facility under the confinement	8809
in question, minus any fees deducted under section 2929.38 of the	8810
Revised Code. Any policy adopted under this section shall be used	8811
when a court does not order reimbursement of confinement costs	8812
under section 2929.18 or 2929.362929.28 of the Revised Code. The	8813
amount assessed under this section shall not exceed the total	8814
amount that the prisoner is able to pay.	8815

(B)(1) Each prisoner covered by a repayment policy adopted	8816
as described in division (A) of this section shall receive at the	8817
end of the prisoner's confinement an itemized bill of the expenses	8818
to be reimbursed. The policy shall allow periodic payments on a	8819
schedule to be implemented upon a prisoner's release. The bill	8820
also shall state that payment shall be made to the person	8821
identified in the bill as the reimbursement coordinator and	8822
include a notice that specifies that the prisoner has thirty days	8823
in which to dispute the bill by filing a written objection with	8824
the reimbursement coordinator and that if the prisoner does not	8825
dispute the bill in that manner within that period, the prisoner	8826
is required to pay the bill and a certificate of judgment may be	8827
obtained against the prisoner for the amount of the unpaid	8828
expenses. The prisoner shall sign a copy of the bill, and the	8829
reimbursement coordinator shall retain that copy. If the	8830
prisoner disputes an item on the bill within thirty days after	8831
receiving the bill, the reimbursement coordinator may either	8832
concede the disputed item or proceed to a hearing under division	8833
(B)(2) of this section.	8834

(2) If the prisoner disputes an item on an itemized bill	8835
presented to the prisoner under division (B)(1) of this section	8836
and the reimbursement coordinator does not concede the item, the	8837
reimbursement coordinator shall submit the bill to the court, and	8838
the court shall hold a hearing on the disputed items in the bill.	8839
At the end of the hearing, the court shall determine how much of	8840
the disputed expenses the prisoner shall reimburse the legislative	8841
authority or managing authority and shall issue a judgment in	8842
favor of the legislative authority or managing authority for any	8843
undisputed expenses and the amount of the disputed expenses for	8844
which the prisoner must reimburse the legislative authority or	8845
managing authority. The reimbursement coordinator shall not seek	8846
to enforce the judgment until at least ninety days after the court	8847
issues the judgment.	8848

(C) If a prisoner does not dispute the itemized bill	8849
presented to the prisoner under division (B) of this section and	8850
does not pay the bill within ninety days, the reimbursement	8851
coordinator shall send by mail a notice to the prisoner	8852
requesting payment of the expenses as stated in the bill. If the	8853
prisoner does not respond to the notice by paying the expenses in	8854
full within thirty days of the date the notice was mailed, the	8855
reimbursement coordinator shall send by mail a second notice to	8856
the prisoner requesting payment of the expenses. If one hundred	8857
eighty days elapse from the date that the reimbursement	8858
coordinator provides the bill and if the prisoner has not paid the	8859
full amount of the expenses pursuant to the bill and the notices,	8860
the reimbursement coordinator may notify the clerk of the	8861
appropriate court of those facts, and the clerk may issue a	8862
certificate of judgment against the prisoner for the balance of	8863
the expenses remaining unpaid.	8864

(D) The reimbursement coordinator may collect any amounts	8865
remaining unpaid on an itemized bill and any costs associated	8866
with the enforcement of the judgment and may enter into a	8867
contract with one or more public agencies or private vendors to	8868
collect any amounts remaining unpaid. For enforcing a judgment	8869
issued under this section, the reimbursement coordinator may	8870
assess an additional poundage fee of two per cent of the amount	8871
remaining unpaid and may collect costs associated with the	8872
enforcement of the judgment.	8873

(E) Neither the reimbursement coordinator nor the	8874
legislative authority or the managing authority shall enforce any	8875
judgment obtained under this section by means of execution against	8876
the prisoner's homestead. Any reimbursement received under this	8877
section shall be credited to the general fund of the treasury of	8878
the political subdivision that incurred the expense, to be used	8879
for general fund purposes.	8880

Sec. 2929.38. (A) A board of commissioners of a county, in	8881
an agreement with the sheriff, a legislative authority of a	8882
municipal corporation, a corrections commission, a judicial	8883
corrections board, or any other public or private entity that	8884
operates a local detention facility described in division (A) of	8885
section 2929.37 of the Revised Code, may establish a policy that	8886
requires any prisoner who is confined in the facility as a result	8887
of pleading guilty to or having been convicted of an offense to	8888
pay a one-time reception fee for the costs of processing the	8889
prisoner into the facility at the time of the prisoner's initial	8890
entry into the facility under the confinement in question, to pay	8891
a reasonable fee for any medical or dental treatment or service	8892
requested by and provided to that prisoner, and to pay the fee for	8893
a random drug test assessed under division (E) of section 341.26,	8894
and division (E) of section 753.33 of the Revised Code. The fee	8895
for the medical treatment or service shall not exceed the actual	8896
cost of the treatment or service provided. No prisoner confined	8897
in the local detention facility shall be denied any necessary	8898
medical care because of inability to pay the fees.	8899

(B) Upon assessment of a one-time reception fee as described	8900
in division (A) of this section, the provision of the requested	8901
medical treatment or service, or the assessment of a fee for a	8902
random drug test, payment of the required fee may be automatically	8903
deducted from the prisoner's inmate account in the business office	8904
of the local detention facility in which the prisoner is confined.	8905
If there is no money in the account, a deduction may be made at a	8906
later date during the prisoner's confinement if the money becomes	8907
available in the account. If, after release, the prisoner has an	8908
unpaid balance of those fees, the sheriff, legislative authority	8909
of the municipal corporation, corrections commission, judicial	8910
corrections board, or other entity that operates the local	8911
detention facility described in division (A) of section 2929.37	8912
of the Revised Code may bill the prisoner for the payment of the	8913
unpaid fees. Fees received for medical or dental treatment or	8914
services shall be paid to the commissary fund, if one exists for	8915
the facility, or if no commissary fund exists, to the general fund	8916
of the treasury of the political subdivision that incurred the	8917
expenses, in the same proportion as those expenses were borne by	8918
the political subdivision.	8919

(C) Any fee paid by a person under this section shall be	8920
deducted from any medical or dental costs that the person is	8921
ordered to reimburse under a financial sanction imposed pursuant	8922
to section 2929.362929.28 of the Revised Code or to repay under a	8923
policy adopted under section 2929.37 of the Revised Code.	8924

(D) As used in this section, "inmate account" has the same	8925
meaning as in section 2969.21 of the Revised Code.	8926

Sec. 2929.41.  (A) Except as provided in division (B) of	8927
this section, division (E) of section 2929.14, or division (D) or	8928
(E) of section 2971.03 of the Revised Code, a prison term, jail	8929
term, or sentence of imprisonment shall be served concurrently	8930
with any other prison term, jail term, or sentence of imprisonment	8931
imposed by a court of this state, another state, or the United	8932
States. Except as provided in division (B)(3) of this section, a	8933
jail term or sentence of imprisonment for misdemeanor shall be	8934
served concurrently with a prison term or sentence of imprisonment	8935
for felony served in a state or federal correctional institution.	8936

(B)(1) A jail term or sentence of imprisonment for a	8937
misdemeanor shall be served consecutively to any other prison	8938
term, jail term, or sentence of imprisonment when the trial court	8939
specifies that it is to be served consecutively or when it is	8940
imposed for a misdemeanor violation of section 2907.322, 2921.34,	8941
or 2923.131 of the Revised Code.	8942

When consecutive sentences of imprisonment are imposed for	8943
misdemeanor under this division, the term to be served is the	8944
aggregate of the consecutive terms imposed, except that the	8945
aggregate term to be served shall not exceed eighteen months.	8946

(2) If a court of this state imposes a prison term upon the	8947
offender for the commission of a felony and a court of another	8948
state or the United States also has imposed a prison term upon the	8949
offender for the commission of a felony, the court of this state	8950
may order that the offender serve the prison term it imposes	8951
consecutively to any prison term imposed upon the offender by the	8952
court of another state or the United States.	8953

(3) A jail term or sentence of imprisonment imposed for a	8954
misdemeanor violation of section 4510.11, 4510.14, 4510.16,	8955
4510.21, or 4511.19 of the Revised Code shall be served	8956
consecutively to a prison term that is imposed for a felony	8957
violation of section 2903.06, 2903.07, 2903.08, or 4511.19 of the	8958
Revised Code or a felony violation of section 2903.04 of the	8959
Revised Code involving the operation of a motor vehicle by the	8960
offender and that is served in a state correctional institution	8961
when the trial court specifies that it is to be served	8962
consecutively.	8963

When consecutive jail terms or sentences of imprisonment and	8964
prison terms are imposed for one or more misdemeanors and one or	8965
more felonies under this division, the term to be served is the	8966
aggregate of the consecutive terms imposed, and the offender shall	8967
serve all terms imposed for a felony before serving any term	8968
imposed for a misdemeanor.	8969

Sec. 2929.24.        Sec. 2929.42.  (A) The prosecutor in any case	8970
against any person licensed, certified, registered, or otherwise	8971
authorized to practice under Chapter 3719., 4715., 4723., 4729.,	8972
4730., 4731., 4734., or 4741. of the Revised Code shall notify the	8973
appropriate licensing board, on forms provided by the board, of	8974
any of the following regarding the person:	8975

(1) A plea of guilty to, or a conviction of, a felony, or a	8976
court order dismissing a felony charge on technical or procedural	8977
grounds;	8978

(2) A plea of guilty to, or a conviction of, a misdemeanor	8979
committed in the course of practice or in the course of business,	8980
or a court order dismissing such a misdemeanor charge on technical	8981
or procedural grounds;	8982

(3) A plea of guilty to, or a conviction of, a misdemeanor	8983
involving moral turpitude, or a court order dismissing such a	8984
charge on technical or procedural grounds.	8985

(B) The report required by division (A) of this section	8986
shall include the name and address of the person, the nature of	8987
the offense, and certified copies of court entries in the action.	8988

Sec. 2929.29.        Sec. 2929.43.  (A) As used in this section:

8989

(1) "Peace officer" has the same meaning as in section 109.71	8990
of the Revised Code.	8991

(2) "Felony" has the same meaning as in section 109.511 of	8992
the Revised Code.	8993

(B)(1) Prior to accepting a plea of guilty to an indictment,	8994
information, or complaint charging a felony, the court shall	8995
determine whether the defendant is a peace officer. If the court	8996
determines that the defendant is a peace officer, it shall address	8997
the defendant personally and provide the following advisement to	8998
the defendant that shall be entered in the record of the court.	8999

"You are hereby advised that conviction of the felony offense	9000
to which you are pleading guilty will result in the termination of	9001
your employment as a peace officer and in your decertification as	9002
a peace officer pursuant to the laws of Ohio."	9003

Upon the request of the defendant, the court shall allow the	9004
defendant additional time to consider the appropriateness of the	9005
plea of guilty in light of the advisement described in division	9006
(B)(1) of this section.	9007

The court shall not accept a plea of guilty of a defendant	9008
who is a peace officer unless, in addition to any other procedures	9009
required under the Rules of Criminal Procedure, the court	9010
determines that the defendant voluntarily and intelligently enters	9011
that plea after being given the advisement described in division	9012
(B)(1) of this section.	9013

(2) After accepting under division (B)(1) of this section a	9014
plea of guilty to an indictment, information, or complaint	9015
charging a felony, the court shall provide to the clerk of the	9016
court of common pleas a written notice of the plea of guilty of	9017
the defendant peace officer, the name and address of the peace	9018
officer, the law enforcement agency or other governmental entity	9019
that employs the peace officer and its address, the date of the	9020
plea, the nature of the felony offense, and certified copies of	9021
court entries in the action. Upon receiving the written notice	9022
required by division (B)(2) of this section, the clerk of the	9023
court of common pleas shall transmit to the employer of the peace	9024
officer and to the Ohio peace officer training council a report	9025
that includes the information contained in the written notice and	9026
the certified copies of the court entries in the action.	9027

(C)(1) Upon the conviction of a defendant, after trial, of a	9028
felony, the trial judge shall determine whether the defendant is a	9029
peace officer. If the judge determines that the defendant is a	9030
peace officer or if the defendant states on the record that the	9031
defendant is a peace officer, the judge shall provide to the clerk	9032
of the court of common pleas a written notice of the conviction of	9033
the defendant peace officer, the name and address of the peace	9034
officer, the law enforcement agency or other governmental entity	9035
that employs the peace officer and its address, the date of the	9036
conviction, the nature of the felony offense, and certified copies	9037
of court entries in the action. Upon receiving the written notice	9038
required by division (C)(1) of this section, the clerk of the	9039
court of common pleas shall transmit to the employer of the peace	9040
officer and to the Ohio peace officer training council a report	9041
that includes the information contained in the written notice and	9042
the certified copies of the court entries in the action.	9043

(2) Upon the conclusion of the final appeal of a defendant	9044
who is a peace officer and who has been convicted of a felony,	9045
upon expiration of the time period within which that peace officer	9046
may appeal the conviction if no appeal is taken, or otherwise upon	9047
the final disposition of the criminal action against that peace	9048
officer, the trial judge shall provide to the clerk of the court	9049
of common pleas a written notice of the final disposition of the	9050
action that shall include, as appropriate, notice of the final	9051
conviction of the peace officer of the felony, the acquittal of	9052
the peace officer of the felony, the conviction of the peace	9053
officer of a misdemeanor, or the dismissal of the felony charge	9054
against the peace officer. The judge also shall provide to the	9055
clerk of the court of common pleas certified copies of the court	9056
entries in the action. Upon receiving the written notice required	9057
by division (C)(2) of this section, the clerk of the court of	9058
common pleas shall transmit to the employer of the peace officer	9059
and to the Ohio peace officer training council a report that	9060
includes the information contained in the written notice and the	9061
certified copies of the court entries in the action.	9062

(D) If pursuant to a negotiated plea agreement between a	9063
prosecuting attorney and a defendant who is a peace officer and	9064
who is charged with a felony, in which the defendant agrees to	9065
enter a plea of guilty to a misdemeanor and to surrender the	9066
certificate awarded to the defendant under section 109.77 of the	9067
Revised Code, the trial judge issues an order to the defendant to	9068
surrender that certificate, the trial judge shall provide to the	9069
clerk of the court a written notice of the order, the name and	9070
address of the peace officer, the law enforcement agency or other	9071
governmental entity that employs the peace officer and its	9072
address, the date of the plea, the nature of the misdemeanor to	9073
which the peace officer pleaded guilty, and certified copies of	9074
court entries in the action. Upon receiving the written notice	9075
required by this division, the clerk of the court shall transmit	9076
to the employer of the peace officer and to the executive director	9077
of the Ohio peace officer training council a report that includes	9078
the information contained in the written notice and the certified	9079
copies of the court entries in the action.	9080

Sec. 2929.28.        Sec. 2929.71.  (A) As used in this section:

9081

(1) "Agency" means any law enforcement agency, other public	9082
agency, or public official involved in the investigation or	9083
prosecution of the offender or in the investigation of the fire or	9084
explosion in an aggravated arson, arson, or criminal damaging or	9085
endangering case. An "agency" includes, but is not limited to, a	9086
sheriff's office, a municipal corporation, township, or township	9087
police district police department, the office of a prosecuting	9088
attorney, city director of law, village solicitor, or similar	9089
chief legal officer of a municipal corporation, the fire marshal's	9090
office, a municipal corporation, township, or township fire	9091
district fire department, the office of a fire prevention officer,	9092
and any state, county, or municipal corporation crime laboratory.	9093

(2) "Assets" includes all forms of real or personal property.

9094

(3) "Itemized statement" means the statement of costs	9095
described in division (B) of this section.	9096

(4) "Offender" means the person who has been convicted of or	9097
pleaded guilty to committing, attempting to commit, or complicity	9098
in committing a violation of section 2909.02 or 2909.03 of the	9099
Revised Code, or, when the means used are fire or explosion,	9100
division (A)(2) of section 2909.06 of the Revised Code.	9101

(5) "Costs" means the reasonable value of the time spent by	9102
an officer or employee of an agency on the aggravated arson,	9103
arson, or criminal damaging or endangering case, any moneys spent	9104
by the agency on that case, and the reasonable fair market value	9105
of resources used or expended by the agency on that case.	9106

(B) Prior to the sentencing of an offender, the court shall	9107
enter an order that directs agencies that wish to be reimbursed by	9108
the offender for the costs they incurred in the investigation or	9109
prosecution of the offender or in the investigation of the fire or	9110
explosion involved in the case, to file with the court within a	9111
specified time an itemized statement of those costs. The order	9112
also shall require that a copy of the itemized statement be given	9113
to the offender or hisoffender's attorney within the specified	9114
time. Only itemized statements so filed and given shall be	9115
considered at the hearing described in division (C) of this	9116
section.	9117

(C) The court shall set a date for a hearing on all the	9118
itemized statements filed with it and given to the offender or his	9119
the offender's attorney in accordance with division (B) of this	9120
section. The hearing shall be held prior to the sentencing of the	9121
offender, but may be held on the same day as histhe sentencing.	9122
Notice of the hearing date shall be given to the offender or his	9123
the offender's attorney and to the agencies whose itemized	9124
statements are involved. At the hearing, each agency has the	9125
burden of establishing by a preponderance of the evidence that the	9126
costs set forth in its itemized statement were incurred in the	9127
investigation or prosecution of the offender or in the	9128
investigation of the fire or explosion involved in the case, and	9129
of establishing by a preponderance of the evidence that the	9130
offender has assets available for the reimbursement of all or a	9131
portion of the costs.	9132

The offender may cross-examine all witnesses and examine all	9133
documentation presented by the agencies at the hearing, and hethe	9134
offender may present at the hearing witnesses and documentation he	9135
the offender has obtained without a subpoena or a subpoena duces	9136
tecum or, in the case of documentation, that belongs to himthe	9137
offender. HeThe offender also may issue subpoenas and subpoenas	9138
duces tecum for, and present and examine at the hearing, witnesses	9139
and documentation, subject to the following applying to the	9140
witnesses or documentation subpoenaed:	9141

(1) The testimony of witnesses subpoenaed or documentation	9142
subpoenaed is material to the preparation or presentation by the	9143
offender of histhe offender's defense to the claims of the	9144
agencies for a reimbursement of costs;	9145

(2) If witnesses to be subpoenaed are personnel of an agency	9146
or documentation to be subpoenaed belongs to an agency, the	9147
personnel or documentation may be subpoenaed only if the agency	9148
involved has indicated, pursuant to this division, that it intends	9149
to present the personnel as witnesses or use the documentation at	9150
the hearing. The offender shall submit, in writing, a request to	9151
an agency as described in this division to ascertain whether the	9152
agency intends to present various personnel as witnesses or to use	9153
particular documentation. The request shall indicate that the	9154
offender is considering issuing subpoenas to personnel of the	9155
agency who are specifically named or identified by title or	9156
position, or for documentation of the agency that is specifically	9157
described or generally identified, and shall request the agency to	9158
indicate, in writing, whether it intends to present such personnel	9159
as witnesses or to use such documentation at the hearing. The	9160
agency shall promptly reply to the request of the offender. An	9161
agency is prohibited from presenting personnel as witnesses or	9162
from using documentation at the hearing if it indicates to the	9163
offender it does not intend to do so in response to a request of	9164
the offender under this division, or if it fails to reply or	9165
promptly reply to such a request.	9166

(D) Following the hearing, the court shall determine which	9167
of the agencies established by a preponderance of the evidence	9168
that costs set forth in their itemized statements were incurred as	9169
described in division (C) of this section and that the offender	9170
has assets available for reimbursement purposes. The court also	9171
shall determine whether the offender has assets available to	9172
reimburse all such agencies, in whole or in part, for their	9173
established costs, and if it determines that the assets are	9174
available, it shall order the offender, as part of histhe	9175
offender's sentence, to reimburse the agencies from histhe	9176
offender's assets for all or a specified portion of their	9177
established costs.	9178

Sec. 2930.06.  (A) The prosecutor in a case, to the extent	9179
practicable, shall confer with the victim in the case before	9180
pretrial diversion is granted to the defendant or alleged juvenile	9181
offender in the case, before amending or dismissing an indictment,	9182
information, or complaint against that defendant or alleged	9183
juvenile offender, before agreeing to a negotiated plea for that	9184
defendant or alleged juvenile offender, before a trial of that	9185
defendant by judge or jury, or before the juvenile court conducts	9186
an adjudicatory hearing for that alleged juvenile offender. If	9187
the juvenile court disposes of a case prior to the prosecutor's	9188
involvement in the case, the court or a court employee shall	9189
notify the victim in the case that the alleged juvenile offender	9190
will be granted pretrial diversion, the complaint against that	9191
alleged juvenile offender will be amended or dismissed, or the	9192
court will conduct an adjudicatory hearing for that alleged	9193
juvenile offender. If the prosecutor fails to confer with the	9194
victim at any of those times, the court, if informed of the	9195
failure, shall note on the record the failure and the prosecutor's	9196
reasons for the failure. A prosecutor's failure to confer with a	9197
victim as required by this division and a court's failure to	9198
provide the notice as required by this division do not affect the	9199
validity of an agreement between the prosecutor and the defendant	9200
or alleged juvenile offender in the case, a pretrial diversion of	9201
the defendant or alleged juvenile offender, an amendment or	9202
dismissal of an indictment, information, or complaint filed	9203
against the defendant or alleged juvenile offender, a plea entered	9204
by the defendant or alleged juvenile defender, an admission	9205
entered by the defendant or alleged juvenile offender, or any	9206
other disposition in the case. A court shall not dismiss a	9207
criminal complaint, charge, information, or indictment or a	9208
delinquent child complaint solely at the request of the victim and	9209
over the objection of the prosecuting attorney, village solicitor,	9210
city director of law, or other chief legal officer responsible for	9211
the prosecution of the case.	9212

(B) After a prosecution in a case has been commenced, the	9213
prosecutor or a designee of the prosecutor other than a court or	9214
court employee, to the extent practicable, promptly shall give the	9215
victim all of the following information, except that, if the	9216
juvenile court disposes of a case prior to the prosecutor's	9217
involvement in the case, the court or a court employee, to the	9218
extent practicable, promptly shall give the victim all of the	9219
following information:	9220

(1) The name of the crime or specified delinquent act with	9221
which the defendant or alleged juvenile offender in the case has	9222
been charged and the name of the defendant or alleged juvenile	9223
offender;	9224

(2) The file number of the case;

9225

(3) A brief statement regarding the procedural steps in a	9226
criminal prosecution or delinquency proceeding involving a crime	9227
or specified delinquent act similar to the crime or specified	9228
delinquent act with which the defendant or alleged juvenile	9229
offender has been charged and the right of the victim to be	9230
present during all proceedings held throughout the prosecution of	9231
the case;	9232

(4) A summary of the rights of a victim under this chapter;

9233

(5) Procedures the victim or the prosecutor may follow if	9234
the victim becomes subject to threats or intimidation by the	9235
defendant, alleged juvenile offender, or any other person;	9236

(6) The name and business telephone number of a person to	9237
contact for further information with respect to the case;	9238

(7) The right of the victim to have a victim's	9239
representative exercise the victim's rights under this chapter in	9240
accordance with section 2930.02 of the Revised Code and the	9241
procedure by which a victim's representative may be designated;	9242

(8) Notice that any notification under division (C) of this	9243
section, sections 2930.07 to 2930.19, and section 5139.56 of the	9244
Revised Code will be given to the victim only if the victim asks	9245
to receive the notification.	9246

(C) Upon the request of the victim, the prosecutor or, if it	9247
is a delinquency proceeding and a prosecutor is not involved in	9248
the case, the court shall give the victim notice of the date,	9249
time, and place of any scheduled criminal or juvenile proceedings	9250
in the case and notice of any changes in those proceedings or in	9251
the schedule in the case.	9252

(D) A victim who requests notice under division (C) of this	9253
section and who elects pursuant to division (B) of section 2930.03	9254
of the Revised Code to receive any further notice from the	9255
prosecutor or, if it is a delinquency proceeding and a prosecutor	9256
is not involved in the case, the court under this chapter shall	9257
keep the prosecutor or the court informed of the victim's current	9258
address and telephone number until the case is dismissed or	9259
terminated, the defendant is acquitted or sentenced, the	9260
delinquent child complaint is dismissed, the defendant is	9261
adjudicated a delinquent child, or the appellate process is	9262
completed, whichever is the final disposition in the case.	9263

(E) If a defendant is charged with the commission of a	9264
misdemeanor offense that is not identified in division (A)(2) of	9265
section 2930.01 of the Revised Code and if a police report or a	9266
complaint, indictment, or information that charges the commission	9267
of that offense and provides the basis for a criminal prosecution	9268
of that defendant identifies one or more individuals as	9269
individuals against whom that offense was committed, after a	9270
prosecution in the case has been commenced, the prosecutor or a	9271
designee of the prosecutor other than a court or court employee,	9272
to the extent practicable, promptly shall notify each of the	9273
individuals so identified in the report, complaint, indictment, or	9274
information that, if the defendant is convicted of or pleads	9275
guilty to the offense, the individual may make an oral or written	9276
statement to the court hearing the case regarding the sentence to	9277
be imposed upon the defendant and that the court must consider any	9278
statement so made that is relevant. Before imposing sentence in	9279
the case, the court shall permit the individuals so identified in	9280
the report, complaint, indictment, or information to make an oral	9281
or written statement. Division (A) of section 2930.14 of the	9282
Revised Code applies regarding any statement so made. The court	9283
shall consider a statement so made, in accordance with division	9284
(B) of that section and division (D) of section 2929.22 of the	9285
Revised Code.	9286

Sec. 2935.33.  (A) If a person charged with a misdemeanor is	9287
taken before a judge of a court of record and if it appears to the	9288
judge that the person is an alcoholic or is suffering from acute	9289
alcohol intoxication and that the person would benefit from	9290
services provided by an alcohol and drug addiction program	9291
certified under Chapter 3793. of the Revised Code, the judge may	9292
place the person temporarily in a program certified under that	9293
chapter in the area in which the court has jurisdiction for	9294
inpatient care and treatment for an indefinite period not	9295
exceeding five days. The commitment does not limit the right to	9296
release on bail. The judge may dismiss a charge of a violation of	9297
division (B) of section 2917.11 of the Revised Code or of a	9298
municipal ordinance substantially equivalent to that division if	9299
the defendant complies with all the conditions of treatment	9300
ordered by the court.	9301

The court may order that any fines or court costs collected	9302
by the court from defendants who have received inpatient care from	9303
an alcohol and drug addiction program be paid, for the benefit of	9304
the program, to the board of alcohol, drug addiction, and mental	9305
health services of the alcohol, drug addiction, and mental health	9306
service district in which the program is located or to the	9307
director of alcohol and drug addiction services.	9308

(B) If a person is being sentenced for a violation of	9309
division (B) of section 2917.11 or section 4511.19 of the Revised	9310
Code, a misdemeanor violation of section 2919.25 of the Revised	9311
Code, a misdemeanor violation of section 2919.27 of the Revised	9312
Code involving a protection order issued or consent agreement	9313
approved pursuant to section 2919.26 or 3113.31 of the Revised	9314
Code, or a violation of a municipal ordinance substantially	9315
equivalent to that division or any of those sections and if it	9316
appears to the judge at the time of sentencing that the person is	9317
an alcoholic or is suffering from acute alcohol intoxication and	9318
that, in lieu of imprisonment, the person would benefit from	9319
services provided by an alcohol and drug addiction program	9320
certified under Chapter 3793. of the Revised Code, the court may	9321
commit the person to close supervision in any facility in the area	9322
in which the court has jurisdiction that is, or is operated by,	9323
such a program. A commitment to close supervision for a	9324
misdemeanor violation of section 2919.25 of the Revised Code, a	9325
misdemeanor violation of section 2919.27 of the Revised Code	9326
involving a protection order issued or consent agreement approved	9327
pursuant to section 2919.26 or 3113.31 of the Revised Code, or a	9328
violation of any substantially equivalent municipal ordinance	9329
shall be in accordance with division (B) of section 2929.51 of the	9330
Revised Code. Such close supervision may include outpatient	9331
services and part-time release, except that a person convicted of	9332
a violation of division (A) of section 4511.19 of the Revised Code	9333
shall be confined to the facility for at least three days and	9334
except that a person convicted of a misdemeanor violation of	9335
section 2919.25 of the Revised Code, a misdemeanor violation of	9336
section 2919.27 of the Revised Code involving a protection order	9337
issued or consent agreement approved pursuant to section 2919.26	9338
or 3113.31 of the Revised Code, or a violation of a substantially	9339
equivalent municipal ordinance shall be confined to the facility	9340
in accordance with the order of commitment. A commitment of a	9341
person to a facility for purposes of close supervision shall not	9342
exceed the maximum term for which the person could be imprisoned.	9343

(C) A law enforcement officer who finds a person subject to	9344
prosecution for violation of division (B) of section 2917.11 of	9345
the Revised Code or a municipal ordinance substantially equivalent	9346
to that division and who has reasonable cause to believe that the	9347
person is an alcoholic or is suffering from acute alcohol	9348
intoxication and would benefit from immediate treatment	9349
immediately may place the person in an alcohol and drug addiction	9350
program certified under Chapter 3793. of the Revised Code in the	9351
area in which the person is found, for emergency treatment, in	9352
lieu of other arrest procedures, for a maximum period of	9353
forty-eight hours. During that time, if the person desires to	9354
leave such custody, hethe person shall be released forthwith.	9355

(D) As used in this section:

9356

(1) "Alcoholic" has the same meaning as in section 3793.01 of	9357
the Revised Code;	9358

(2) "Acute alcohol intoxication" means a heavy consumption of	9359
alcohol over a relatively short period of time, resulting in	9360
dysfunction of the brain centers controlling behavior, speech, and	9361
memory and causing characteristic withdrawal symptoms.	9362

Sec. 2937.07.  If the offense beis a misdemeanor and the	9363
accused pleads guilty theretoto the offense, the court or	9364
magistrate shall receive and enter suchthe plea unless hethe	9365
court or magistrate believes that it was made through fraud,	9366
collusion;, or mistake in which case he.If the court or	9367
magistrate so believes, the court or magistrate shall enter a plea	9368
of not guilty and set the matter for trial pursuant to Chapter	9369
2938. of the Revised Code. Upon receiving a plea of guilty being	9370
received, the court or magistrate shall call for an explanation of	9371
the circumstances of the offense from the affiant or complainant	9372
or histhe affiant's or complainant's representatives, and after.	9373
After hearing the sameexplanation of circumstances, together with	9374
any statement of the accused, the court or magistrate shall	9375
proceed to pronounce the sentence or shall continue the matter for	9376
the purpose of imposing the sentence or admitting the defendant to	9377
probation.	9378

If theA plea beto a misdemeanor offense of "no contest" or	9379
words of similar import in pleading to a misdemeanor, it shall	9380
constitute a stipulation that the judge or magistrate may make a	9381
finding of guilty or not guilty from the explanation of the	9382
circumstances, and if guilt be found,of the offense. If a	9383
finding of guilty is made, the judge or magistrate shall impose	9384
the sentence or continue the case for sentencesentencing	9385
accordingly. SuchA plea of "no contest" or words of similar	9386
import shall not be construed to importas an admission of any	9387
fact at issue in the criminal charge in any subsequent civil or	9388
criminal action or proceeding, whether civil or criminal.	9389

Sec. 2945.17.  At any trial, in any court, for the violation	9390
of any statute of this state, or of any ordinance of any municipal	9391
corporation, except in cases in whichwhen the violation is a	9392
minor misdemeanor or when the potential penalty involvedfor the	9393
violation does not exceed a fine of one hundredthousand dollars, the	9394
accused has the right to be tried by a jury. This section does	9395
not apply to, and there is no right to a jury trial for, a person	9396
who is the subject of a complaint filed under section 2151.27 of	9397
the Revised Code against both a child and the parent, guardian, or	9398
other person having care of the child.	9399

Sec. 2947.06.  (A)(1) The trial court may hear testimony in	9400
mitigation of a sentence at the term of conviction or plea or at	9401
the next term. The prosecuting attorney may offer testimony on	9402
behalf of the state to give the court a true understanding of the	9403
case. The court shall determine whether sentence oughtshould	9404
immediately to be imposed or whether, if the offense is a	9405
misdemeanor, to place the defendant on probation. The court on	9406
its own motion may direct the department of probation of the	9407
county in which the defendant resides, or its own regular	9408
probation officer, to make any inquiries and presentence	9409
investigation reports that the court requires concerning the	9410
defendant.	9411

(2) The provisions of section 2951.03 of the Revised Code	9412
shall govern the preparation of, the provision, receipt, and	9413
retention of copies of, the use of, and the confidentiality,	9414
nonpublic record character, and sealing of a presentence	9415
investigation report prepared pursuant to division (A)(1) of this	9416
section.	9417

(B) The court may appoint not more than two psychologists or	9418
psychiatrists to make any reports concerning the defendant that	9419
the court requires for the purpose of determining the disposition	9420
of the case. Each psychologist or psychiatrist shall receive a	9421
fee to be fixed by the court and taxed in the costs of the case.	9422
The psychologist's or psychiatrist's reports shall be made in	9423
writing, in open court, and in the presence of the defendant,	9424
except in misdemeanor cases in which sentence may be pronounced in	9425
the absence of the defendant. A copy of each report of a	9426
psychologist or psychiatrist may be furnished to the defendant, if	9427
present, who may examine the persons making the report, under	9428
oath, as to any matter or thing contained in the report.	9429

Sec. 2947.19.  (A) In a county that has no workhouse but in	9430
which is located a city that has a workhouse maintained by the	9431
city, the board of county commissioners may agree with the proper	9432
authorities of that city upon terms under which persons convicted	9433
of misdemeanors shall be maintained in the city workhouse at the	9434
expense of the county. In the case of persons committed to the	9435
city workhouse for the violation of a law of this state, whether	9436
the commitment is from the court of common pleas, magistrate's	9437
court, or other court, the cost of maintaining those persons	9438
committed shall be paid out of the general fund of the county, on	9439
the allowance of the board of county commissioners, provided that	9440
all persons committed to the city workhouse for the violation of	9441
ordinances of the city shall be maintained in that workhouse at	9442
the sole cost of the city.	9443

(B) Pursuant to section 2929.37 of the Revised Code, the	9444
board of county commissioners or the legislative authority of the	9445
city may require a person who was convicted of an offense and who	9446
is confined in the city workhouse as provided in division (A) of	9447
this section to reimburse the county or the city, as the case may	9448
be, for its expenses incurred by reason of the person's	9449
confinement. If a person is convicted of or pleads guilty to a	9450
felony and the court imposes a sanction that requires the offender	9451
to serve a term in a city workhouse, sections 341.23, 753.02,	9452
753.04, and 753.16 of the Revised Code govern the determination of	9453
whether the court may impose a sanction under section 2929.18 of	9454
the Revised Code that requires the offender to reimburse the	9455
expenses of confinement.	9456

(C) Notwithstanding any contrary provision in this section or	9457
section 2929.18, 2929.21, 2929.362929.28, or 2929.37 of the	9458
Revised Code, the board of county commissioners or the legislative	9459
authority of the city may establish a policy that complies with	9460
section 2929.38 of the Revised Code and that requires any person	9461
who is not indigent and who is confined in the city workhouse to	9462
pay a reception fee or a fee for any medical treatment or service	9463
requested by and provided to that person.	9464

(D) If a person who has been convicted of or pleaded guilty	9465
to an offense is confined in the workhouse as provided in division	9466
(A) of this section, at the time of reception and at other times	9467
the person in charge of the operation of the workhouse determines	9468
to be appropriate, the person in charge of the operation of the	9469
workhouse may cause the convicted offender to be examined and	9470
tested for tuberculosis, HIV infection, hepatitis, including but	9471
not limited to hepatitis A, B, and C, and other contagious	9472
diseases. The person in charge of the operation of the workhouse	9473
may cause a convicted offender in the workhouse who refuses to be	9474
tested or treated for tuberculosis, HIV infection, hepatitis,	9475
including but not limited to hepatitis A, B, and C, or another	9476
contagious disease to be tested and treated involuntarily.	9477

Sec. 2947.21.  When a person is sentenced to a workhouse by	9478
the court of common pleas, the clerk of the court of common pleas	9479
shall make and deliver to the sheriff a certified copy of the	9480
judgment. The copy shall describe the crime charged and the	9481
sentence of the court. The sheriff shall deliver the copy to the	9482
officer in charge of the workhouse, and the copy shall be that	9483
officer's warrant for detaining the person in custody. In case of	9484
such a conviction by any other court or magistrate, the court or	9485
magistrate shall make a certified transcript of the docket in the	9486
case, which, in like manner, shall be delivered to the marshal,	9487
constable, or sheriff to be delivered by the marshal, constable,	9488
or sheriff to the proper officer in charge of the workhouse and be	9489
that officer's warrant for detaining the person in custody.	9490

When a person is sentenced to a jail or workhouse under	9491
division (A)(3) of section 2929.512929.24 of the Revised Code,	9492
the court shall certify a transcript of the docket in the case,	9493
and the court shall deliver the certified transcript to the	9494
proper officer in charge of the workhouse or jail, and the	9495
certified transcript is the officer's warrant for detaining the	9496
person in custody during the prescribed period or periods.	9497

Sec. 2949.111.  (A) As used in this section:

9498

(1) "CostsCourt costs" means any court costsassessment	9499
that the court requires an offender to pay,to defray the costs of	9500
operating the court.	9501

(2) "State fines or costs" means any costs imposed or	9502
forfeited bail collected by the court under section 2743.70 of the	9503
Revised Code for deposit into the reparations fund or under	9504
section 2949.091 of the Revised Code for deposit into the general	9505
revenue fund and all fines, penalties, and forfeited bail	9506
collected by the court and paid to a law library association under	9507
sections 3375.50 to 3375.53 of the Revised Code.	9508

(3) "Reimbursement" means any reimbursement for the costs of	9509
confinement that the court orders an offender to pay pursuant to	9510
section 2929.28 of the Revised Code, any supervision fee, any fee	9511
for the costs of electronically monitored house arrest with	9512
electronic monitoring that an offender agrees to pay pursuant to	9513
section 2929.23 of the Revised Code, any reimbursement for the	9514
costs of an investigation or prosecution that the court orders an	9515
offender to pay pursuant to section 2929.282929.71 of the Revised	9516
Code, or any other costs that the court orders an offender to pay.	9517

(2)(4) "Supervision fees" means any fees that a court,	9518
pursuant to sectionsections 2929.18, 2929.28, and 2951.021 of the	9519
Revised Code and as a condition of probation, requires an offender	9520
who is placed on probation to pay for probation services or that a	9521
court, pursuant to section 2929.18 of the Revised Code, requires	9522
an offender who is under a community control sanction to pay for	9523
supervision services.	9524

(3)(5) "Community control sanction" has the same meaning as	9525
in section 2929.01 of the Revised Code.	9526

(B) Unless the court, in accordance with division (C) of	9527
this section, enters in the record of the case a different method	9528
of assigning a payment toward the satisfaction of costs,	9529
restitution, a fine, or supervision feespayments, if a person who	9530
is charged with a misdemeanor is convicted of or pleads guilty to	9531
the offense, if the court orders the offender to pay any	9532
combination of court costs, state fines or costs, restitution, a	9533
conventional fine, or supervision feesany reimbursement, and if	9534
the offender makes any payment of any of them to a clerk of court	9535
toward the satisfaction of the costs, restitution, fine, or	9536
supervision fees, the clerk of the court shall assign the	9537
offender's payment so made toward the satisfaction of the costs,	9538
restitution, fine, or supervision fees in the following manner:	9539

(1) If the court ordered the offender to pay any court	9540
costs, the offender's payment shall be assigned toward the	9541
satisfaction of thethose court costs until the court coststhey	9542
have been entirely paid.	9543

(2) If the court ordered the offender to pay any state fines	9544
or costs and if all of the court costs that the court ordered the	9545
offender to pay have been paid, the remainder of the offender's	9546
payment shall be assigned on a pro rata basis toward the	9547
satisfaction of the state fines or costs until they have been	9548
entirely paid.	9549

(3) If the court ordered the offender to pay any restitution	9550
and if all of the court costs and state fines or costs that the	9551
court ordered the offender to pay, if any, have been paid, the	9552
remainder of the offender's payment after any assignment required	9553
under division (B)(1) of this section shall be assigned toward the	9554
satisfaction of the restitution until the restitutionit has been	9555
entirely paid.	9556

(3)(4) If the court ordered the offender to pay any fine and	9557
if all of the court costs, state fines or costs, and restitution	9558
that the court ordered the offender to pay, if any, have been	9559
paid, the remainder of the offender's payment after any	9560
assignments required under divisions (B)(1) and (2) of this	9561
section shall be assigned toward the satisfaction of the fine	9562
until the fineit has been entirely paid.	9563

(4)(5) If the court ordered the offender to pay any	9564
supervision feesreimbursement and if all of the court costs,	9565
state fines or costs, restitution, and finefines that the court	9566
ordered the offender to pay, if any, have been paid, the remainder	9567
of the offender's payment after any assignments required under	9568
divisions (B)(1), (2), and (3) of this section shall be assigned	9569
toward the satisfaction of the supervision feesreimbursements	9570
until the supervision feesthey have been entirely paid.	9571

(C) If a person who is charged with a misdemeanor is	9572
convicted of or pleads guilty to the offense and if the court	9573
orders the offender to pay any combination of court costs, state	9574
fines or costs, restitution, a finefines, or supervision fees	9575
reimbursements, the court, at the time it orders the offender to	9576
pay the combination of costs, restitution, a fine, or supervision	9577
feesmake those payments, may prescribe a methodan order of	9578
assigning payments that the person makes toward the satisfaction	9579
of the costs, restitution, fine, or supervision fees that differs	9580
from the methodorder set forth in division (B) of this section.	9581
If the court prescribes a method of assigning payments under this	9582
division, the court shall enterby entering in the record of the	9583
case the methodorder so prescribed. Upon the entryIf a different	9584
order is entered in the record of the case of the method of	9585
assigning payments prescribed pursuant to this division, if the	9586
offender makes any payment to a clerk of court for the costs,	9587
restitution, fine, or supervision fees, on receipt of any payment,	9588
the clerk of the court shall assign the payment so made toward the	9589
satisfaction of the costs, restitution, fine, or supervision fees	9590
in the manner prescribed by the court and entered in the record of	9591
the case instead of in the manner set forth in division (B) of	9592
this section.	9593

Sec. 2950.01. As used in this chapter, unless the context	9594
clearly requires otherwise:	9595

(A) "Confinement" includes, but is not limited to, a	9596
community residential sanction imposed pursuant to section 2929.16	9597
or 2929.26 of the Revised Code.	9598

(B) "Habitual sex offender" means, except when a juvenile	9599
judge removes this classification pursuant to division (A)(2) of	9600
section 2152.84 or division (C)(2) of section 2152.85 of the	9601
Revised Code, a person to whom both of the following apply:	9602

(1) The person is convicted of or pleads guilty to a	9603
sexually oriented offense, or the person is adjudicated a	9604
delinquent child for committing on or after January 1, 2002, a	9605
sexually oriented offense, was fourteen years of age or older at	9606
the time of committing the offense, and is classified a juvenile	9607
sex offender registrant based on that adjudication.	9608

(2) One of the following applies to the person:

9609

(a) Regarding a person who is an offender, the person	9610
previously was convicted of or pleaded guilty to one or more	9611
sexually oriented offenses or previously was adjudicated a	9612
delinquent child for committing one or more sexually oriented	9613
offenses and was classified a juvenile sex offender registrant or	9614
out-of-state juvenile sex offender registrant based on one or more	9615
of those adjudications, regardless of when the offense was	9616
committed and regardless of the person's age at the time of	9617
committing the offense.	9618

(b) Regarding a delinquent child, the person previously was	9619
convicted of, pleaded guilty to, or was adjudicated a delinquent	9620
child for committing one or more sexually oriented offenses,	9621
regardless of when the offense was committed and regardless of the	9622
person's age at the time of committing the offense.	9623

(C) "Prosecutor" has the same meaning as in section 2935.01	9624
of the Revised Code.	9625

(D) "Sexually oriented offense" means any of the following:

9626

(1) Any of the following violations or offenses committed by	9627
a person eighteen years of age or older:	9628

(a) Regardless of the age of the victim of the offense, a	9629
violation of section 2907.02, 2907.03, or 2907.05 of the Revised	9630
Code;	9631

(b) Any of the following offenses involving a minor, in the	9632
circumstances specified:	9633

(i) A violation of section 2905.01, 2905.02, 2905.03,	9634
2905.05, or 2907.04 or former section 2905.04 of the Revised Code	9635
when the victim of the offense is under eighteen years of age;	9636

(ii) A violation of section 2907.21 of the Revised Code when	9637
the person who is compelled, induced, procured, encouraged,	9638
solicited, requested, or facilitated to engage in, paid or agreed	9639
to be paid for, or allowed to engage in the sexual activity in	9640
question is under eighteen years of age;	9641

(iii) A violation of division (A)(1) or (3) of section	9642
2907.321 or 2907.322 of the Revised Code;	9643

(iv) A violation of division (A)(1) or (2) of section	9644
2907.323 of the Revised Code;	9645

(v) A violation of division (B)(5) of section 2919.22 of the	9646
Revised Code when the child who is involved in the offense is	9647
under eighteen years of age;	9648

(vi) A violation of division (D) or (E) of section 2907.07 of	9649
the Revised Code.	9650

(c) Regardless of the age of the victim of the offense, a	9651
violation of section 2903.01, 2903.02, 2903.11, or 2905.01 of the	9652
Revised Code, or of division (A) of section 2903.04 of the Revised	9653
Code, that is committed with a purpose to gratify the sexual needs	9654
or desires of the offender;	9655

(d) A sexually violent offense;

9656

(e) A violation of any former law of this state, any	9657
existing or former municipal ordinance or law of another state or	9658
the United States, or any existing or former law applicable in a	9659
military court or in an Indian tribal court that is or was	9660
substantially equivalent to any offense listed in division	9661
(D)(1)(a), (b), (c), or (d) of this section;	9662

(f) An attempt to commit, conspiracy to commit, or	9663
complicity in committing any offense listed in division (D)(1)(a),	9664
(b), (c), (d), or (e) of this section.	9665

(2) An act committed by a person under eighteen years of age	9666
that is any of the following:	9667

(a) Subject to division (D)(2)(h) of this section,	9668
regardless of the age of the victim of the violation, a violation	9669
of section 2907.02, 2907.03, or 2907.05 of the Revised Code;	9670

(b) Subject to division (D)(2)(h) of this section, any of	9671
the following acts involving a minor in the circumstances	9672
specified:	9673

(i) A violation of section 2905.01 or 2905.02 of the Revised	9674
Code, or of former section 2905.04 of the Revised Code, when the	9675
victim of the violation is under eighteen years of age;	9676

(ii) A violation of section 2907.21 of the Revised Code when	9677
the person who is compelled, induced, procured, encouraged,	9678
solicited, requested, or facilitated to engage in, paid or agreed	9679
to be paid for, or allowed to engage in the sexual activity in	9680
question is under eighteen years of age;	9681

(iii) A violation of division (B)(5) of section 2919.22 of	9682
the Revised Code when the child who is involved in the violation	9683
is under eighteen years of age.	9684

(c) Subject to division (D)(2)(h) of this section, any	9685
sexually violent offense that, if committed by an adult, would be	9686
a felony of the first, second, third, or fourth degree;	9687

(d) Subject to division (D)(2)(h) of this section, a	9688
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or	9689
2905.02 of the Revised Code, a violation of division (A) of	9690
section 2903.04 of the Revised Code, or an attempt to violate any	9691
of those sections or that division that is committed with a	9692
purpose to gratify the sexual needs or desires of the child	9693
committing the violation;	9694

(e) Subject to division (D)(2)(h) of this section, a	9695
violation of division (A)(1) or (3) of section 2907.321, division	9696
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of	9697
section 2907.323 of the Revised Code, or an attempt to violate any	9698
of those divisions, if the person who violates or attempts to	9699
violate the division is four or more years older than the minor	9700
who is the victim of the violation;	9701

(f) Subject to division (D)(2)(h) of this section, any	9702
violation of any former law of this state, any existing or former	9703
municipal ordinance or law of another state or the United States,	9704
or any existing or former law applicable in a military court or in	9705
an Indian tribal court that is or was substantially equivalent to	9706
any offense listed in division (D)(2)(a), (b), (c), (d), or (e) of	9707
this section and that, if committed by an adult, would be a felony	9708
of the first, second, third, or fourth degree;	9709

(g) Subject to division (D)(2)(h) of this section, any	9710
attempt to commit, conspiracy to commit, or complicity in	9711
committing any offense listed in division (D)(2)(a), (b), (c),	9712
(d), (e), or (f) of this section;	9713

(h) If the child's case has been transferred for criminal	9714
prosecution under section 2152.12 of the Revised Code, the act is	9715
any violation listed in division (D)(1)(a), (b), (c), (d), (e), or	9716
(f) of this section or would be any offense listed in any of those	9717
divisions if committed by an adult.	9718

(E) "Sexual predator" means a person to whom either of the	9719
following applies:	9720

(1) The person has been convicted of or pleaded guilty to	9721
committing a sexually oriented offense and is likely to engage in	9722
the future in one or more sexually oriented offenses.	9723

(2) The person has been adjudicated a delinquent child for	9724
committing a sexually oriented offense, was fourteen years of age	9725
or older at the time of committing the offense, was classified a	9726
juvenile sex offender registrant based on that adjudication, and	9727
is likely to engage in the future in one or more sexually oriented	9728
offenses.	9729

(F) "Supervised release" means a release of an offender from	9730
a prison term, a term of imprisonment, or another type of	9731
confinement that satisfies either of the following conditions:	9732

(1) The release is on parole, a conditional pardon, or	9733
probationunder a community control sanction, under transitional	9734
control, or under a post-release control sanction, and it requires	9735
the person to report to or be supervised by a parole officer,	9736
probation officer, field officer, or another type of supervising	9737
officer.	9738

(2) The release is any type of release that is not described	9739
in division (F)(1) of this section and that requires the person to	9740
report to or be supervised by a probation officer, a parole	9741
officer, a field officer, or another type of supervising officer.	9742

(G) An offender or delinquent child is "adjudicated as being	9743
a sexual predator" or "adjudicated a sexual predator" if any of	9744
the following applies and if that status has not been removed	9745
pursuant to section 2152.84, 2152.85, or 2950.09 of the Revised	9746
Code:	9747

(1) The offender is convicted of or pleads guilty to	9748
committing, on or after January 1, 1997, a sexually oriented	9749
offense that is a sexually violent offense and also is convicted	9750
of or pleads guilty to a sexually violent predator specification	9751
that was included in the indictment, count in the indictment, or	9752
information that charged the sexually violent offense.	9753

(2) Regardless of when the sexually oriented offense was	9754
committed, on or after January 1, 1997, the offender is sentenced	9755
for a sexually oriented offense, and the sentencing judge	9756
determines pursuant to division (B) of section 2950.09 of the	9757
Revised Code that the offender is a sexual predator.	9758

(3) The delinquent child is adjudicated a delinquent child	9759
for committing a sexually oriented offense, was fourteen years of	9760
age or older at the time of committing the offense, and has been	9761
classified a juvenile sex offender registrant based on that	9762
adjudication, and the adjudicating judge or that judge's successor	9763
in office determines pursuant to division (B) of section 2950.09	9764
or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of	9765
the Revised Code that the delinquent child is a sexual predator.	9766

(4) Prior to January 1, 1997, the offender was convicted of	9767
or pleaded guilty to, and was sentenced for, a sexually oriented	9768
offense, the offender is imprisoned in a state correctional	9769
institution on or after January 1, 1997, and the court determines	9770
pursuant to division (C) of section 2950.09 of the Revised Code	9771
that the offender is a sexual predator.	9772

(5) Regardless of when the sexually oriented offense was	9773
committed, the offender or delinquent child is convicted of or	9774
pleads guilty to, has been convicted of or pleaded guilty to, or	9775
is adjudicated a delinquent child for committing a sexually	9776
oriented offense in another state or in a federal court, military	9777
court, or an Indian tribal court, as a result of that conviction,	9778
plea of guilty, or adjudication, the offender or delinquent child	9779
is required, under the law of the jurisdiction in which the	9780
offender was convicted or pleaded guilty or the delinquent child	9781
was adjudicated, to register as a sex offender until the	9782
offender's or delinquent child's death and to verify the	9783
offender's or delinquent child's address on at least a quarterly	9784
basis each year, and, on or after July 1, 1997, for offenders or	9785
January 1, 2002, for delinquent children the offender or	9786
delinquent child moves to and resides in this state or temporarily	9787
is domiciled in this state for more than seven days, unless a	9788
court of common pleas or juvenile court determines that the	9789
offender or delinquent child is not a sexual predator pursuant to	9790
division (F) of section 2950.09 of the Revised Code.	9791

(H) "Sexually violent predator specification" and "sexually	9792
violent offense" have the same meanings as in section 2971.01 of	9793
the Revised Code.	9794

(I) "Post-release control sanction" and "transitional	9795
control" have the same meanings as in section 2967.01 of the	9796
Revised Code.	9797

(J) "Juvenile sex offender registrant" means a person who is	9798
adjudicated a delinquent child for committing on or after January	9799
1, 2002, a sexually oriented offense, who is fourteen years of age	9800
or older at the time of committing the offense, and who a juvenile	9801
court judge, pursuant to an order issued under section 2152.82,	9802
2152.83, 2152.84, or 2152.85 of the Revised Code, classifies a	9803
juvenile sex offender registrant and specifies has a duty to	9804
register under section 2950.04 of the Revised Code.	9805

(K) "Secure facility" means any facility that is designed	9806
and operated to ensure that all of its entrances and exits are	9807
locked and under the exclusive control of its staff and to ensure	9808
that, because of that exclusive control, no person who is	9809
institutionalized or confined in the facility may leave the	9810
facility without permission or supervision.	9811

(L) "Out-of-state juvenile sex offender registrant" means a	9812
person who is adjudicated a delinquent child for committing a	9813
sexually oriented offense in another state or in a federal court,	9814
military court, or Indian tribal court, who on or after January 1,	9815
2002, moves to and resides in this state or temporarily is	9816
domiciled in this state for more than seven days, and who under	9817
section 2950.04 of the Revised Code has a duty to register in this	9818
state as described in that section.	9819

(M) "Juvenile court judge" includes a magistrate to whom the	9820
juvenile court judge confers duties pursuant to division (A)(15)	9821
of section 2151.23 of the Revised Code.	9822

(N) "Adjudicated a delinquent child for committing a sexually	9823
oriented offense" includes a child who receives a serious youthful	9824
offender dispositional sentence under section 2152.13 of the	9825
Revised Code for committing a sexually oriented offense.	9826

(O) "Aggravated sexually oriented offense" means a violation	9827
of division (A)(1)(b) of section 2907.02 of the Revised Code.	9828

(P) "Community control sanction" has the same meaning as in	9829
section 2929.01 of the Revised Code.	9830

Sec. 2950.99.  (A) Whoever violates a prohibition in section	9831
2950.04, 2950.05, or 2950.06 of the Revised Code is guilty of a	9832
felony of the fifth degree if the most serious sexually oriented	9833
offense that was the basis of the registration, change of address	9834
notification, or address verification requirement that was	9835
violated under the prohibition is a felony if committed by an	9836
adult, and a misdemeanor of the first degree if the most serious	9837
sexually oriented offense that was the basis of the registration,	9838
change of address notification, or address verification	9839
requirement that was violated under the prohibition is a	9840
misdemeanor if committed by an adult. In addition to any penalty	9841
or sanction imposed for the violation, if the offender or	9842
delinquent child is subject to a community control sanction, is on	9843
probation or parole, is subject to one or more post-release	9844
control sanctions, or is subject to any other type of supervised	9845
release at the time of the violation, the violation shall	9846
constitute a violation of the terms and conditions of the	9847
probationcommunity control sanction, parole, post-release control	9848
sanction, or other type of supervised release.	9849

(B) If a person violates a prohibition in section 2950.04,	9850
2950.05, or 2950.06 of the Revised Code that applies to the person	9851
as a result of the person being adjudicated a delinquent child and	9852
being classified a juvenile sex offender registrant or is an	9853
out-of-state juvenile sex offender registrant, both of the	9854
following apply:	9855

(1) If the violation occurs while the person is under	9856
eighteen years of age, the person is subject to proceedings under	9857
Chapter 2152. of the Revised Code based on the violation.	9858

(2) If the violation occurs while the person is eighteen	9859
years of age or older, the person is subject to criminal	9860
prosecution based on the violation.	9861

Sec. 2951.01. The definition of "magistrate" set forthAs	9862
used in this chapter:	9863

(A) "Magistrate" has the same meaning as in section 2931.01	9864
of the Revised Code applies to Chapter 2951. of the Revised Code.	9865

(B) "Community control sanction" has the same meaning as in	9866
section 2929.01 of the Revised Code.	9867

(C) "Ignition interlock device" has the same meaning as in	9868
section 4511.83 of the Revised Code.	9869

(D) "Multicounty department of probation" means a probation	9870
department established under section 2301.27 of the Revised Code	9871
to serve more than one county.	9872

(E) "Probation agency" means a county department of	9873
probation, a multicounty department of probation, a municipal	9874
court department of probation established under section 1901.33 of	9875
the Revised Code, or the adult parole authority.	9876

(F) "County-operated municipal court" and "legislative	9877
authority" have the same meanings as in section 1901.03 of the	9878
Revised Code.	9879

(G) "Detention facility" has the same meaning as in section	9880
2921.01 of the Revised Code.	9881

(H) "Repeat offender" and "dangerous offender" have the same	9882
meanings as in section 2935.36 of the Revised Code.	9883

(I) "Minor drug possession offense" has the same meaning as	9884
in section 2925.01 of the Revised Code.	9885

(J) "Peace officer" has the same meaning as in section	9886
2935.01 of the Revised Code.	9887

(K) "Firearm," "deadly weapon," and "dangerous ordnance" have	9888
the same meanings as in section 2923.11 of the Revised Code.	9889

Sec. 2951.011.  (A)(1) Chapter 2951. of the Revised Code, as	9890
it existed prior to July 1, 1996, applies to a person upon whom a	9891
court imposed a term of imprisonment prior to July 1, 1996, and a	9892
person upon whom a court, on or after July 1, 1996, and in	9893
accordance with law existing prior to July 1, 1996, imposed a term	9894
of imprisonment for an offense that was committed prior to July 1,	9895
1996.	9896

(B)(2) Chapter 2951. of the Revised Code as it exists on and	9897
after July 1, 1996, applies to a person upon whom a court imposed	9898
a stated prison term for an offense committed on or after July 1,	9899
1996.	9900

(B)(1) Except as provided in division (A)(1) of this section,	9901
Chapter 2951. of the Revised Code, as it existed prior to January	9902
1, 2004, applies to a person upon whom a court imposed a sentence	9903
for a misdemeanor offense prior to January 1, 2004, and a person	9904
upon whom a court, on or after January 1, 2004, and in accordance	9905
with law existing prior to January 1, 2004, imposed a sentence for	9906
a misdemeanor offense that was committed prior to January 1, 2004.	9907

(2) Except as provided in division (A)(2) of this section,	9908
Chapter 2951. of the Revised Code as it exists on and after July	9909
1, 2003, applies to a person upon whom a court imposes a sentence	9910
for a misdemeanor offense committed on or after July 1, 2003.	9911

Sec. 2951.02.  (A)(1) In determining whether to suspend a	9912
sentence of imprisonment imposed upon an offender for a	9913
misdemeanor and place the offender on probation or whether to	9914
otherwise suspend a sentence of imprisonment imposed upon an	9915
offender for a misdemeanor pursuant to division (A) of section	9916
2929.51 of the Revised Code, the court shall consider the risk	9917
that the offender will commit another offense and the need for	9918
protecting the public from the risk, the nature and circumstances	9919
of the offense, and the history, character, and condition of the	9920
offender.	9921

(2) An offender who has been convicted of or pleaded guilty	9922
to a misdemeanor shall not be placed on probation and shall not	9923
otherwise have the sentence of imprisonment imposed upon the	9924
offender suspended pursuant to division (A) of section 2929.51 of	9925
the Revised Code if either of the following applies:	9926

(a) The offender is a repeat or dangerous offender.

9927

(b) The misdemeanor offense involved was not a violation of	9928
section 2923.12 of the Revised Code and was committed while the	9929
offender was armed with a firearm or dangerous ordnance.	9930

(B) The following do not control the court's discretion but	9931
the court shall consider them in favor of placing an offender who	9932
has been convicted of or pleaded guilty to a misdemeanor on	9933
probation or in favor of otherwise suspending the offender's	9934
sentence of imprisonment pursuant to division (A) of section	9935
2929.51 of the Revised Code:	9936

(1) The offense neither caused nor threatened serious harm	9937
to persons or property, or the offender did not contemplate that	9938
it would do so.	9939

(2) The offense was the result of circumstances unlikely to	9940
recur.	9941

(3) The victim of the offense induced or facilitated it.

9942

(4) There are substantial grounds tending to excuse or	9943
justify the offense, though failing to establish a defense.	9944

(5) The offender acted under strong provocation.

9945

(6) The offender has no history of prior delinquency or	9946
criminal activity, or has led a law-abiding life for a substantial	9947
period before commission of the present offense.	9948

(7) The offender is likely to respond affirmatively to	9949
probationary or other court-imposed treatment.	9950

(8) The character and attitudes of the offender indicate	9951
that the offender is unlikely to commit another offense.	9952

(9) The offender has made or will make restitution or	9953
reparation to the victim of the offender's offense for the injury,	9954
damage, or loss sustained.	9955

(10) Imprisonment of the offender will entail undue hardship	9956
to the offender or the offender's dependents.	9957

(C)(1) When an offender who has been convicted of or pleaded	9958
guilty to a misdemeanor is placed on probation or the sentence of	9959
that type of offender otherwise is suspended pursuant to division	9960
(A) of section 2929.51 of the Revised Code, the probation or other	9961
suspension shall be at least on condition that, during the period	9962
of probation or other suspension, the offender shall abide by the	9963
law and shall not leave the state without the permission of the	9964
court or the offender's probation officer. In the interests of	9965
doing justice, rehabilitating the offender, and ensuring the	9966
offender's good behavior, the court may impose additional	9967
requirements on the offender. Compliance with the additional	9968
requirements imposed under this division also shall be a condition	9969
of the offender's probation or other suspension. The additional	9970
requirements so imposed may include, but shall not be limited to,	9971
any of the following:	9972

(a) A requirement that the offender make restitution	9973
pursuant to section 2929.21 of the Revised Code for all or part of	9974
the property damage that is caused by the offender's offense and	9975
for all or part of the value of the property that is the subject	9976
of any theft offense that the offender committed;	9977

(b) If the offense is a violation of section 2919.25 or a	9978
violation of section 2903.13 of the Revised Code involving a	9979
person who was a family or household member at the time of the	9980
violation, if the offender committed the offense in the vicinity	9981
of one or more children who are not victims of the offense, and if	9982
the offender or the victim of the offense is a parent, guardian,	9983
custodian, or person in loco parentis of one or more of those	9984
children, a requirement that the offender obtain counseling. This	9985
division does not limit the court in imposing a requirement that	9986
the offender obtain counseling for any offense or in any	9987
circumstance not specified in this division.	9988

(c) A requirement that the offender not ingest or be	9989
injected with a drug of abuse and submit to random drug testing	9990
and requiring that the results of the drug test indicate that the	9991
offender did not ingest or was not injected with a drug of abuse.	9992
If the court requires the offender to submit to random drug	9993
testing under division (C)(1)(c) of this section, the county	9994
department of probation, the multicounty department of probation,	9995
or the adult parole authority, as appropriate, that has general	9996
control and supervision of offenders who are on probation or other	9997
suspension or are under a nonresidential sanction, shall cause the	9998
offender to submit to random drug testing pursuant to section	9999
2951.05 of the Revised Code.	10000

(2) During the period of a misdemeanor offender's probation	10001
or other suspensioncommunity control sanction or during the	10002
period of a felon'sfelony offender's nonresidential sanction,	10003
authorized probation officers who are engaged within the scope of	10004
their supervisory duties or responsibilities may search, with or	10005
without a warrant, the person of the offender, the place of	10006
residence of the offender, and a motor vehicle, another item of	10007
tangible or intangible personal property, or other real property	10008
in which the offender has a right, title, or interest or for which	10009
the offender has the express or implied permission of a person	10010
with a right, title, or interest to use, occupy, or possess if the	10011
probation officers have reasonable grounds to believe that the	10012
offender is not abiding by the law or otherwise is not complying	10013
with the conditions of the misdemeanor offender's probation or	10014
other suspensioncommunity control sanction or the conditions of	10015
the felony offender's nonresidential sanction. If a felonfelony	10016
offender who is sentenced to a nonresidential sanction is under	10017
the general control and supervision of the adult parole authority,	10018
as described in division (A)(2)(a) of section 2929.15 of the	10019
Revised Code, adult parole authority field officers with	10020
supervisory responsibilities over the felonfelony offender shall	10021
have the same search authority relative to the felonfelony	10022
offender during the period of the sanction asthat is described	10023
under this division for probation officers. The court that places	10024
the misdemeanor offender on probation or suspends the misdemeanor	10025
offender's sentence of imprisonmentunder a community control	10026
sanction pursuant to division (D)(2) or (4) of section 2929.51	10027
2929.25 of the Revised Code or that sentences the felonfelony	10028
offender to a nonresidential sanction pursuant to section 2929.17	10029
of the Revised Code shall provide the offender with a written	10030
notice that informs the offender that authorized probation	10031
officers or adult parole authority field officers with supervisory	10032
responsibilities over the offender who are engaged within the	10033
scope of their supervisory duties or responsibilities may conduct	10034
those types of searches during the period of probation or other	10035
suspension or during the period ofcommunity control sanction or	10036
the nonresidential sanction if they have reasonable grounds to	10037
believe that the offender is not abiding by the law or otherwise	10038
is not complying with the conditions of the offender's probation	10039
or other suspension or the conditions of the offender'scommunity	10040
control sanction or nonresidential sanction.	10041

(D) The following do not control the court's discretion but	10042
the court shall consider them against placing an offender who has	10043
been convicted of or pleaded guilty to a misdemeanor on probation	10044
and against otherwise suspending the offender's sentence of	10045
imprisonment pursuant to division (A) of section 2929.51 of the	10046
Revised Code:	10047

(1) The offender recently violated the conditions of pardon,	10048
post-release control pursuant to section 2967.28 of the Revised	10049
Code, or a probation or suspension pursuant to division (A) of	10050
section 2929.51 of the Revised Code, previously granted the	10051
offender.	10052

(2) There is a substantial risk that, while at liberty	10053
during the period of probation or other suspension, the offender	10054
will commit another offense.	10055

(3) The offender is in need of correctional or	10056
rehabilitative treatment that can be provided best by the	10057
offender's commitment to a locally governed and operated	10058
residential facility.	10059

(4) Regardless of whether the offender knew the age of the	10060
victim, the victim of the offense was sixty-five years of age or	10061
older or permanently and totally disabled at the time of the	10062
commission of the offense.	10063

(E) The criteria listed in divisions (B) and (D) of this	10064
section shall not be construed to limit the matters that may be	10065
considered in determining whether to suspend sentence of	10066
imprisonment and place an offender who has been convicted of or	10067
pleaded guilty to a misdemeanor on probation or whether to	10068
otherwise suspend the offender's sentence of imprisonment pursuant	10069
to division (A) of section 2929.51 of the Revised Code.	10070

(F)(1) When(B) If an offender is convicted of or pleads	10071
guilty to a misdemeanor, the court may require the offender, as a	10072
condition of probation or as a condition of otherwise suspending	10073
the offender's sentence pursuant to division (A) of section	10074
2929.51 of the Revised Code, in addition to the conditions of	10075
probation or other suspension imposed pursuant to division (C) of	10076
this sectionof a community control sanction, to perform	10077
supervised community service work in accordance with this	10078
division. If an offender is convicted of or pleads guilty to a	10079
felony, the court, pursuant to sections 2929.15 and 2929.17 of the	10080
Revised Code, may impose a sanction that requires the offender to	10081
perform supervised community service work in accordance with this	10082
division. The supervised community service work shall be under the	10083
authority of health districts, park districts, counties, municipal	10084
corporations, townships, other political subdivisions of the	10085
state, or agencies of the state or any of its political	10086
subdivisions, or under the authority of charitable organizations	10087
that render services to the community or its citizens, in	10088
accordance with this division. Supervised community service work	10089
shall not be required as a condition of probation or other	10090
suspension under this division unless the offender agrees to	10091
perform the work offered as a condition of probation or other	10092
suspension by the court. The court may require an offender who	10093
agreesis ordered to perform the work to pay to it a reasonable	10094
fee to cover the costs of the offender's participation in the	10095
work, including, but not limited to, the costs of procuring a	10096
policy or policies of liability insurance to cover the period	10097
during which the offender will perform the work.	10098

A court may permit any offender convicted of a felony or a	10099
misdemeanor to satisfy the payment of a fine imposed for the	10100
offense pursuant to section 2929.18 or 2929.28 of the Revised Code	10101
by performing supervised community service work as described in	10102
this division if the offender requests an opportunity to satisfy	10103
the payment by this means and if the court determines that the	10104
offender is financially unable to pay the fine.	10105

The supervised community service work that may be imposed	10106
under this division shall be subject to the following limitations:	10107

(a)(1) The court shall fix the period of the work and, if	10108
necessary, shall distribute it over weekends or over other	10109
appropriate times that will allow the offender to continue at the	10110
offender's occupation or to care for the offender's family. The	10111
period of the work as fixed by the court shall not exceed anin	10112
the aggregate of two hundredthe number of hours of community	10113
service imposed by the court pursuant to section 2929.17 or	10114
2929.27 of the Revised Code.	10115

(b)(2) An agency, political subdivision, or charitable	10116
organization must agree to accept the offender for the work before	10117
the court requires the offender to perform the work for the	10118
entity. A court shall not require an offender to perform	10119
supervised community service work for an agency, political	10120
subdivision, or charitable organization at a location that is an	10121
unreasonable distance from the offender's residence or domicile,	10122
unless the offender is provided with transportation to the	10123
location where the work is to be performed.	10124

(c)(3) A court may enter into an agreement with a county	10125
department of job and family services for the management,	10126
placement, and supervision of offenders eligible for community	10127
service work in work activities, developmental activities, and	10128
alternative work activities under sections 5107.40 to 5107.69 of	10129
the Revised Code. If a court and a county department of job and	10130
family services have entered into an agreement of that nature, the	10131
clerk of that court is authorized to pay directly to the county	10132
department all or a portion of the fees collected by the court	10133
pursuant to this division in accordance with the terms of its	10134
agreement.	10135

(d)(4) Community service work that a court requires under	10136
this division shall be supervised by an official of the agency,	10137
political subdivision, or charitable organization for which the	10138
work is performed or by a person designated by the agency,	10139
political subdivision, or charitable organization. The official	10140
or designated person shall be qualified for the supervision by	10141
education, training, or experience, and periodically shall report,	10142
in writing, to the court and to the offender's probation officer	10143
concerning the conduct of the offender in performing the work.	10144

(2) When an offender is convicted of a felony, the court may	10145
impose pursuant to sections 2929.15 and 2929.17 of the Revised	10146
Code a sanction that requires the offender to perform supervised	10147
community service work in accordance with this division and under	10148
the authority of any agency, political subdivision, or charitable	10149
organization as described in division (F)(1) of this section. The	10150
court may require an offender who is ordered to perform the work	10151
to pay to it a reasonable fee to cover the costs of the offender's	10152
participation in the work, including, but not limited to, the	10153
costs of procuring a policy or policies of liability insurance to	10154
cover the period during which the offender will perform the work.	10155

A court may permit an offender convicted of a felony to	10156
satisfy the payment of a fine imposed for the offense pursuant to	10157
section 2929.18 of the Revised Code by performing supervised	10158
community service work as described in this division if the court	10159
determines that the offender is financially unable to pay the	10160
fine.	10161

The supervised community service work that may be imposed	10162
under this division shall be subject to the limitations specified	10163
in divisions (F)(1)(a) to (d) of this section, except that the	10164
court is not required to obtain the agreement of the offender to	10165
impose supervised community work as a sanction. Additionally, the	10166
(5) The total of any period of supervised community service work	10167
imposed on an offender under this division (B) of this section	10168
plus the period of all other sanctions imposed pursuant to	10169
sections 2929.15, 2929.16, 2929.17, and 2929.18 of the Revised	10170
Code for a felony, or pursuant to sections 2929.25, 2929.26,	10171
2929.27, and 2929.28 of the Revised Code for a misdemeanor, shall	10172
not exceed five years.	10173

(G)(C)(1) WhenIf an offender is convicted of a violation of	10174
section 4511.19 of the Revised Code, a municipal ordinance	10175
relating to operating a vehicle while under the influence of	10176
alcohol, a drug of abuse, or alcohol and a drug of abuse, or a	10177
municipal ordinance relating to operating a vehicle with a	10178
prohibited concentration of alcohol in the blood, breath, or	10179
urine, the court may require, as a condition of probation in	10180
addition to the required conditions of probation and the	10181
discretionary conditions of probation that may be imposed pursuant	10182
to division (C) of this sectiona community control sanction, any	10183
suspension of a driver's or commercial driver's license or permit	10184
or nonresident operating privilege, and all other penalties	10185
provided by law or by ordinance, that the offender operate only a	10186
motor vehicle equipped with an ignition interlock device that is	10187
certified pursuant to section 4510.43 of the Revised Code.	10188

(2) WhenIf a court requires an offender, as a condition of	10189
probationa community control sanction pursuant to division	10190
(G)(C)(1) of this section, to operate only a motor vehicle	10191
equipped with an ignition interlock device that is certified	10192
pursuant to section 4510.43 of the Revised Code, the offender	10193
immediately shall surrender the offender's driver's or commercial	10194
driver's license or permit to the court. Upon the receipt of the	10195
offender's license or permit, the court shall issue an order	10196
authorizing the offender to operate a motor vehicle equipped with	10197
a certified ignition interlock device, deliver the offender's	10198
license or permit to the bureau of motor vehicles, and include in	10199
the abstract of the case forwarded to the bureau pursuant to	10200
section 4510.036 of the Revised Code the conditions of probation	10201
the community control sanction imposed pursuant to division	10202
(G)(C)(1) of this section. The court shall give the offender a	10203
copy of its order, and that copy shall be used by the offender in	10204
lieu of a driver's or commercial driver's license or permit until	10205
the bureau issues a restricted license to the offender.	10206

(3) Upon receipt of an offender's driver's or commercial	10207
driver's license or permit pursuant to division (G)(C)(2) of this	10208
section, the bureau of motor vehicles shall issue a restricted	10209
license to the offender. The restricted license shall be	10210
identical to the surrendered license, except that it shall have	10211
printed on its face a statement that the offender is prohibited	10212
from operating a motor vehicle that is not equipped with an	10213
ignition interlock device that is certified pursuant to section	10214
4510.43 of the Revised Code. The bureau shall deliver the	10215
offender's surrendered license or permit to the court upon receipt	10216
of a court order requiring it to do so, or reissue the offender's	10217
license or permit under section 4510.52 of the Revised Code if	10218
the registrar destroyed the offender's license or permit under	10219
that section. The offender shall surrender the restricted license	10220
to the court upon receipt of the offender's surrendered license or	10221
permit.	10222

(4) If an offender violates a requirement of the court	10223
imposed under division (G)(C)(1) of this section, the court may	10224
impose a class seven suspension of the offender's driver's or	10225
commercial driver's license or permit or nonresident operating	10226
privilege from the range specified in division (A)(7) of section	10227
4510.02 of the Revised Code. On a second or subsequent violation,	10228
the court may impose a class four suspension of the offender's	10229
driver's or commercial driver's license or permit or nonresident	10230
operating privilege from the range specified in division (A)(4) of	10231
section 4510.02 of the Revised Code.	10232

(H) As used in this section:

10233

(1) "Repeat offender" and "dangerous offender" have the same	10234
meanings as in section 2935.36 of the Revised Code.	10235

(2) "Firearm" and "dangerous ordnance" have the same	10236
meanings as in section 2923.11 of the Revised Code.	10237

(3) "Theft offense" has the same meaning as in section	10238
2913.01 of the Revised Code.	10239

(4) "Random drug testing" has the same meaning as in section	10240
5120.63 of the Revised Code.	10241

(5) "Ignition interlock device" has the same meaning as in	10242
section 4510.01 of the Revised Code.	10243

Sec. 2951.021.  (A) As used in this section:

10244

(1) "Multicounty department of probation" means a probation	10245
department established under section 2301.27 of the Revised Code	10246
to serve more than one county.	10247

(2) "Probation agency" means a county department of	10248
probation, a multicounty department of probation, a municipal	10249
court department of probation established under section 1901.33 of	10250
the Revised Code, or the adult parole authority.	10251

(3) "County-operated municipal court" and "legislative	10252
authority" have the same meanings as in section 1901.03 of the	10253
Revised Code.	10254

(4) "Detention facility" has the same meaning as in section	10255
2921.01 of the Revised Code.	10256

(B)(1) If a court places a misdemeanor offender on probation	10257
under a community control sanction under section 2929.26, 2929.27,	10258
or 2929.28 of the Revised Code or places a felony offender under a	10259
community control sanction under section 2929.16, 2929.17, or	10260
2929.18 of the Revised Code and if the court places the offender	10261
under the control and supervision of a probation agency, the court	10262
may require the offender, as a condition of probation or of	10263
community control, to pay a monthly supervision fee of not more	10264
than fifty dollars for supervision services. If the court	10265
requires an offender to pay a monthly supervision fee and the	10266
offender will be under the control of a county department of	10267
probation, a multicounty department of probation, or a municipal	10268
court department of probation established under section 1901.33 of	10269
the Revised Code, the court shall specify whether the offender is	10270
to pay the fee to the probation agency that will have control over	10271
the offender or to the clerk of the court for which the	10272
supervision agency is established. If the court requires an	10273
offender to pay a monthly probation fee and the offender will be	10274
under the control of the adult parole authority, the court shall	10275
specify that the offender is to pay the fee to the clerk of the	10276
court of common pleas.	10277

(2) No person shall be assessed, in any month, more than	10278
fifty dollars in supervision fees.	10279

(3) The prosecuting attorney of the county or the chief	10280
legal officer of a municipal corporation in which is located the	10281
court that imposed sentence upon an offender may bring a civil	10282
action to recover unpaid monthly supervision fees that the	10283
offender was required to pay. Any amount recovered in the civil	10284
action shall be paid into the appropriate county or municipal	10285
probation services fund in accordance with division (C)(B) of this	10286
section.	10287

(4) The failure of an offender to comply with a condition of	10288
probation or of community control that requires the offender to	10289
pay a monthly supervision fee and that is imposed under division	10290
(B)(A)(1) of this section shall not constitute the basis for a	10291
revocation of the offender's probation and the imposition of the	10292
offender's sentence under section 2951.09 of the Revised Code or	10293
the modification of the offender's community control sanctions	10294
pursuant to section 2929.15 or2929.25 of the Revised Code but may	10295
be considered with any other factors that form the basis of a	10296
revocation of probation or modification of a sanction for	10297
violating a community control sanction under those sections. If	10298
the court determines at a hearing held pursuant to section 2951.09	10299
of the Revised Code that a misdemeanor offender on probation	10300
community control failed to pay a monthly supervision fee imposed	10301
under division (B)(A)(1) of this section and that no other factors	10302
warranting revocation of probationthe modification of the	10303
offender's community control sanction are present, the court shall	10304
not revoke the offender's probation, shall remand the offender to	10305
the custody of the probation agency, and may impose any additional	10306
conditions of probationcommunity control upon the offender,	10307
including a requirement that the offender perform community	10308
service, as the ends of justice require. Any requirement imposed	10309
pursuant to division (B)(A)(4) of this section that the offender	10310
perform community service shall be in addition to and shall not	10311
limit or otherwise affect any order that the offender perform	10312
community service pursuant to division (F)(1)(a)(B) of section	10313
2951.02 of the Revised Code.	10314

(C)(B) Prior to the last day of the month in each month	10315
during the period of probation or of community control, an	10316
offender who is ordered to pay a monthly supervision fee under	10317
this section shall pay the fee to the probation agency that has	10318
control and supervision over the offender or to the clerk of the	10319
court for which the probation agency is established, as specified	10320
by the court, except that, if the probation agency is the adult	10321
parole authority, the offender shall pay the fee to the clerk of	10322
the court of common pleas. Each probation agency or clerk of a	10323
court that receives any monthly supervision fees shall keep a	10324
record of the monthly supervision fees that are paid to the agency	10325
or the clerk and shall give a written receipt to each person who	10326
pays a supervision fee to the agency or clerk.	10327

(D)(C) Subject to division (F)(E) of this section, all	10328
monthly supervision fees collected under this section by a	10329
probation agency or the clerk of a court shall be disposed of in	10330
the following manner:	10331

(1) For offenders who are under the control and supervision	10332
of a county department of probation or a municipal court	10333
department of probation in a county-operated municipal court, on	10334
or before the fifth business day of each month, the chief	10335
probation officer, the chief probation officer's designee, or the	10336
clerk of the court shall pay all monthly supervision fees	10337
collected in the previous month to the county treasurer of the	10338
county in which the county department of probation or municipal	10339
court department of probation is established for deposit into the	10340
county probation services fund established in the county treasury	10341
of that county pursuant to division (A)(1) section 321.44 of the	10342
Revised Code.	10343

(2) For offenders who are under the control and supervision	10344
of a multicounty department of probation, on or before the fifth	10345
business day of each month, the chief probation officer, the chief	10346
probation officer's designee, or the clerk of the court shall pay	10347
all monthly supervision fees collected in the previous month to	10348
the county treasurer of the county in which is located the court	10349
of common pleas that placed the offender on probation or under a	10350
community control sanction under the control of the department for	10351
deposit into the county probation services fund established in the	10352
county treasury of that county pursuant to division (A)(1) of	10353
section 321.44 of the Revised Code and for subsequent	10354
appropriation and transfer in accordance with division (A)(2) of	10355
that section to the appropriate multicounty probation services	10356
fund established pursuant to division (B) of that section.	10357

(3) For offenders who are under the control and supervision	10358
of a municipal court department of probation in a municipal court	10359
that is not a county-operated municipal court, on or before the	10360
fifth business day of each month, the chief probation officer, the	10361
chief probation officer's designee, or the clerk of the court	10362
shall pay all monthly supervision fees collected in the previous	10363
month to the treasurer of the municipal corporation for deposit	10364
into the municipal probation services fund established pursuant to	10365
section 737.41 of the Revised Code.	10366

(4) For offenders who are under the control and supervision	10367
of the adult parole authority, the clerk of the court of common	10368
pleas, on or before the fifth business day of January, April,	10369
July, and October, shall pay all monthly supervision fees	10370
collected by the clerk in the previous three months to the	10371
treasurer of the county in which is located the court of common	10372
pleas that placed the offender on probation or under a community	10373
control sanction under the control of the authority for deposit	10374
into the county probation services fund established in the county	10375
treasury of that county pursuant to division (A)(1) of section	10376
321.44 of the Revised Code and for subsequent appropriation and	10377
transfer in accordance with division (A)(2) of that section to the	10378
adult parole authority probation services fund established	10379
pursuant to section 5149.06 of the Revised Code.	10380

(E)(D) Not later than the first day of December of each	10381
year, each probation agency shall prepare a report regarding its	10382
use of money from a county probation services fund, a multicounty	10383
probation services fund, a municipal probation services fund, or	10384
the adult parole authority probation services fund, whichever is	10385
applicable. The report shall specify the amount appropriated from	10386
the fund to the probation agency during the current calendar year,	10387
an estimate of the amount that the probation agency will expend by	10388
the end of the year, a summary of how the amount appropriated has	10389
been expended for probation services, and an estimate of the	10390
amount of supervision fees that the probation agency will collect	10391
and pay to the appropriate treasurer for deposit in the	10392
appropriate fund in the next calendar year. The report shall be	10393
filed with one of the following:	10394

(1) If the probation agency is a county department of	10395
probation or a municipal court department of probation in a	10396
county-operated municipal court, with the board of county	10397
commissioners of that county;	10398

(2) If the probation agency is a multicounty department of	10399
probation, with the board of county commissioners of the county	10400
whose treasurer, in accordance with section 2301.27 of the Revised	10401
Code, is designated as the treasurer to whom supervision fees	10402
collected under this section are to be appropriated and	10403
transferred under division (A)(2) of section 321.44 of the Revised	10404
Code;	10405

(3) If the probation agency is a department of probation of	10406
a municipal court that is not a county-operated municipal court,	10407
with the legislative authority of the municipal corporation that	10408
operates the court;	10409

(4) If the probation agency is the adult parole authority,	10410
with the chairmenchairpersons of the finance committees of the	10411
senate and the house of representatives, the directors of the	10412
office of budget and management and the legislative budget office	10413
service commission, and the board of county commissioners in each	10414
county for which the adult parole authority provides probation	10415
services.	10416

(F)(E) If the clerk of a court of common pleas or the clerk	10417
of a municipal court collects any monthly supervision fees under	10418
this section, the clerk may retain up to two per cent of the fees	10419
so collected to cover any administrative costs experienced in	10420
complying with the clerk's duties under this section.	10421

Sec. 2951.041.  (A)(1) If an offender is charged with a	10422
criminal offense and the court has reason to believe that drug or	10423
alcohol usage by the offender was a factor leading to the	10424
offender's criminal behavior, the court may accept, prior to the	10425
entry of a guilty plea, the offender's request for intervention in	10426
lieu of conviction. The request shall include a waiver of the	10427
defendant's right to a speedy trial, the preliminary hearing, the	10428
time period within which the grand jury may consider an indictment	10429
against the offender, and arraignment, unless the hearing,	10430
indictment, or arraignment has already occurred. The court may	10431
reject an offender's request without a hearing. If the court	10432
elects to consider an offender's request, the court shall conduct	10433
a hearing to determine whether the offender is eligible under this	10434
section for intervention in lieu of conviction and shall stay all	10435
criminal proceedings pending the outcome of the hearing. If the	10436
court schedules a hearing, the court shall order an assessment of	10437
the offender for the purpose of determining the offender's	10438
eligibility for intervention in lieu of conviction and	10439
recommending an appropriate intervention plan.	10440

(2) The victim notification provisions of division (C) of	10441
section 2930.08 of the Revised Code apply in relation to any	10442
hearing held under division (A)(1) of this section.	10443

(B) An offender is eligible for intervention in lieu of	10444
conviction if the court finds all of the following:	10445

(1) The offender previously has not been convicted of or	10446
pleaded guilty to a felony, previously has not been through	10447
intervention in lieu of conviction under this section or any	10448
similar regimen, and is charged with a felony for which the court,	10449
upon conviction, would impose sentence under division (B)(2)(b) of	10450
section 2929.13 of the Revised Code or with a misdemeanor.	10451

(2) The offense is not a felony of the first, second, or	10452
third degree, is not an offense of violence, is not a violation of	10453
division (A)(1) or (2) of section 2903.06 of the Revised Code, is	10454
not a violation of division (A)(1) of section 2903.08 of the	10455
Revised Code, is not a violation of division (A) of section	10456
4511.19 of the Revised Code or a municipal ordinance that is	10457
substantially similar to that division, and is not an offense for	10458
which a sentencing court is required to impose a mandatory prison	10459
term, a mandatory term of local incarceration, or a mandatory term	10460
of imprisonment in a jail.	10461

(3) The offender is not charged with a violation of section	10462
2925.02, 2925.03, 2925.04, or 2925.06 of the Revised Code and is	10463
not charged with a violation of section 2925.11 of the Revised	10464
Code that is a felony of the first, second, or third degree.	10465

(4) The offender is not charged with a violation of section	10466
2925.11 of the Revised Code that is a felony of the fourth degree,	10467
or the offender is charged with a violation of that section that	10468
is a felony of the fourth degree and the prosecutor in the case	10469
has recommended that the offender be classified as being eligible	10470
for intervention in lieu of conviction under this section.	10471

(5) The offender has been assessed by an appropriately	10472
licensed provider, certified facility, or licensed and	10473
credentialed professional, including, but not limited to, a	10474
program licensed by the department of alcohol and drug addiction	10475
services pursuant to section 3793.11 of the Revised Code, a	10476
program certified by that department pursuant to section 3793.06	10477
of the Revised Code, a public or private hospital, the United	10478
States department of veterans affairs, another appropriate agency	10479
of the government of the United States, or a licensed physician,	10480
psychiatrist, psychologist, independent social worker,	10481
professional counselor, or chemical dependency counselor for the	10482
purpose of determining the offender's eligibility for intervention	10483
in lieu of conviction and recommending an appropriate intervention	10484
plan.	10485

(6) The offender's drug or alcohol usage was a factor	10486
leading to the criminal offense with which the offender is	10487
charged, intervention in lieu of conviction would not demean the	10488
seriousness of the offense, and intervention would substantially	10489
reduce the likelihood of any future criminal activity.	10490

(7) The alleged victim of the offense was not sixty-five	10491
years of age or older, permanently and totally disabled, under	10492
thirteen years of age, or a peace officer engaged in the officer's	10493
official duties at the time of the alleged offense.	10494

(8) If the offender is charged with a violation of section	10495
2925.24 of the Revised Code, the alleged violation did not result	10496
in physical harm to any person, and the offender previously has	10497
not been treated for drug abuse.	10498

(9) The offender is willing to comply with all terms and	10499
conditions imposed by the court pursuant to division (D) of this	10500
section.	10501

(C) At the conclusion of a hearing held pursuant to division	10502
(A) of this section, the court shall enter its determination as to	10503
whether the offender is eligible for intervention in lieu of	10504
conviction and as to whether to grant the offender's request. If	10505
the court finds under division (B) of this section that the	10506
offender is eligible for intervention in lieu of conviction and	10507
grants the offender's request, the court shall accept the	10508
offender's plea of guilty and waiver of the defendant's right to a	10509
speedy trial, the preliminary hearing, the time period within	10510
which the grand jury may consider an indictment against the	10511
offender, and arraignment, unless the hearing, indictment, or	10512
arraignment has already occurred. In addition, the court then may	10513
stay all criminal proceedings and order the offender to comply	10514
with all terms and conditions imposed by the court pursuant to	10515
division (D) of this section. If the court finds that the	10516
offender is not eligible or does not grant the offender's request,	10517
the criminal proceedings against the offender shall proceed as if	10518
the offender's request for intervention in lieu of conviction had	10519
not been made.	10520

(D) If the court grants an offender's request for	10521
intervention in lieu of conviction, the court shall place the	10522
offender under the general control and supervision of the county	10523
probation department, the adult parole authority, or another	10524
appropriate local probation or court services agency, if one	10525
exists, as if the offender was subject to a community control	10526
sanction imposed under section 2929.15 or, 2929.18, or 2929.25 of	10527
the Revised Code or was on probation under sections 2929.51 and	10528
2951.02 of the Revised Code and other provisions of the	10529
misdemeanor sentencing law. The court shall establish an	10530
intervention plan for the offender. The terms and conditions of	10531
the intervention plan shall require the offender, for at least one	10532
year from the date on which the court grants the order of	10533
intervention in lieu of conviction, to abstain from the use of	10534
illegal drugs and alcohol and to submit to regular random testing	10535
for drug and alcohol use and may include any other treatment terms	10536
and conditions, or terms and conditions similar to community	10537
control sanctions, that are ordered by the court.	10538

(E) If the court grants an offender's request for	10539
intervention in lieu of conviction and the court finds that the	10540
offender has successfully completed the intervention plan for the	10541
offender, including the requirement that the offender abstain from	10542
using drugs and alcohol for a period of at least one year from the	10543
date on which the court granted the order of intervention in lieu	10544
of conviction and all other terms and conditions ordered by the	10545
court, the court shall dismiss the proceedings against the	10546
offender. Successful completion of the intervention plan and	10547
period of abstinence under this section shall be without	10548
adjudication of guilt and is not a criminal conviction for	10549
purposes of any disqualification or disability imposed by law and	10550
upon conviction of a crime, and the court may order the sealing of	10551
records related to the offense in question in the manner provided	10552
in sections 2953.31 to 2953.36 of the Revised Code.	10553

(F) If the court grants an offender's request for	10554
intervention in lieu of conviction and the offender fails to	10555
comply with any term or condition imposed as part of the	10556
intervention plan for the offender, the supervising authority for	10557
the offender promptly shall advise the court of this failure, and	10558
the court shall hold a hearing to determine whether the offender	10559
failed to comply with any term or condition imposed as part of the	10560
plan. If the court determines that the offender has failed to	10561
comply with any of those terms and conditions, it shall enter a	10562
finding of guilty and shall impose an appropriate sanction under	10563
Chapter 2929. of the Revised Code.	10564

(G) As used in this section:

10565

(1) "Community control sanction" has the same meaning as in	10566
section 2929.01 of the Revised Code.	10567

(2) "Intervention in lieu of conviction" means any	10568
court-supervised activity that complies with this section.	10569

(3) "Peace officer" has the same meaning as in section	10570
2935.01 of the Revised Code.	10571

Sec. 2951.05.  (A) If an offender mentioned in section	10572
2951.02 of the Revised Code resides in the county in which the	10573
trial was conducted, the court that issues an order of probation	10574
shall place the offender under the control and supervision of a	10575
department of probation in the county that serves the court. If	10576
there is no department of probation in the county that serves the	10577
court, the probation order, under section 2301.32 of the Revised	10578
Code, may place the offender on probation in charge of the adult	10579
parole authority created by section 5149.02 of the Revised Code	10580
that then shall have the powers and duties of a county department	10581
of probation. If the offender resides in a county other than the	10582
county in which the court granting probation is located and a	10583
county department of probation has been established in the county	10584
of residence or the county of residence is served by a multicounty	10585
probation department, the order of probation may request the court	10586
of common pleas of the county in which the offender resides to	10587
receive the offender into the control and supervision of that	10588
county or multicounty department of probation, subject to the	10589
jurisdiction of the trial judge over and with respect to the	10590
person of the offender, and to the rules governing that department	10591
of probation. If the offender's county of residence has no county	10592
or multicounty department of probation, the judge may place the	10593
offender on probation in charge of the adult parole authority	10594
created by section 5149.02 of the Revised Code.	10595

(B)(1) A county department of probation, a multicounty	10596
department of probation, or the adult parole authority, as	10597
appropriate under division (A) of this section, that has general	10598
control and supervision of offenders who are required to submit to	10599
random drug testing under division (C)(1)(c)(A)(1)(a) of section	10600
2951.022929.25 of the Revised Code or who are subject to a	10601
nonresidential sanction that includes random drug testing under	10602
section 2929.17 or 2929.27 of the Revised Code, may cause each	10603
offender to submit to random drug testing performed by a	10604
laboratory or entity that has entered into a contract with any of	10605
the governmental entities or officers authorized to enter into a	10606
contract with that laboratory or entity under section 341.26,	10607
753.33, or 5120.63 of the Revised Code.	10608

(2) If no laboratory or entity described in division	10609
(B)(A)(1) of this section has entered into a contract as specified	10610
in those divisionsthat division, the county department of	10611
probation, the multicounty department of probation, or the adult	10612
parole authority, as appropriate, that has general control and	10613
supervision of offenders described in division (B)(1) of this	10614
section shall cause the offender to submit to random drug testing	10615
performed by a reputable public laboratory to determine whether	10616
the individual who is the subject of the drug test ingested or was	10617
injected with a drug of abuse.	10618

(3) A laboratory or entity that has entered into a contract	10619
pursuant toas specified in division (A)(1) of this section	10620
341.26, 753.33, or 5120.63 of the Revised Code shall perform the	10621
random drug testing under division (B)(1) of this section in	10622
accordance with the applicable standards that are included in the	10623
terms of that contract. A public laboratory shall perform the	10624
random drug tests under division (B)(3) of this section in	10625
accordance with the standards set forth in the policies and	10626
procedures established by the department of rehabilitation and	10627
correction pursuant to section 5120.63 of the Revised Code. An	10628
offender who is required to submit to random drug testing under	10629
division (C)(1)(c) of section 2951.02 of the Revised Code or who	10630
is subject to a nonresidential sanction that includes random drug	10631
testing under section 2929.17 or 2929.27 of the Revised Code shall	10632
pay the fee for the drug test if the test results indicate that	10633
the offender ingested or was injected with a drug of abuse and if	10634
the county department of probation, the multicounty department of	10635
probation, or the adult parole authority that has general control	10636
and supervision of the offender requires payment of a fee. A	10637
laboratory or entity that performs the random drug testing on an	10638
offender under division (B)(1) or (2) of this section shall	10639
transmit the results of the drug test to the appropriate county	10640
probation department, multicounty probation department, or adult	10641
parole authority that has general control and supervision of the	10642
offender.	10643

(C)(B) As used in this section:

10644

(1) "Multicounty department of probation" means a probation	10645
department established under section 2301.27 of the Revised Code	10646
to serve more than one county.	10647

(2) "Random drug testing" has the same meaning as in section	10648
5120.63 of the Revised Code.	10649

Sec. 2951.06.  Upon entry in the records of the judge or	10650
magistrate, of the order for probationsentence of a community	10651
control sanction provided for in section 2951.022929.15or	10652
2929.25 of the Revised Code, the defendant shall be released from	10653
custody as soon as the requirements and conditions required by the	10654
judge supervising the probation,community control sanction have	10655
been met. The defendant shall continue under the control and	10656
supervision of the adult parole authority created by section	10657
5149.02 of the Revised Code or the county department of	10658
appropriate probation agency, to the extent required by law, the	10659
conditions of the order of probationcommunity control sanction,	10660
and the rules and regulations governing said agency ofthe	10661
probation agency.	10662

Sec. 2951.07. Probation under section 2951.02 of the Revised	10663
CodeA community control sanction continues for the period that	10664
the judge or magistrate determines and, subject to division	10665
(F)(1)(a) of thatthe five-year limit specified in section 2929.15	10666
or2929.25of the Revised Code, may be extended. Except as	10667
provided in division (F)(1)(a) of that section, the total period	10668
of an offender's probation shall not exceed five years. If the	10669
probationeroffender under community control absconds or otherwise	10670
absents himself or herself fromleaves the jurisdiction of the	10671
court without permission from the county department of probation	10672
officer, the probation agency, or the court to do so, or if the	10673
probationeroffender is confined in any institution for the	10674
commission of any offense whatever, the probation period of	10675
community control ceases to run until suchthe time asthat the	10676
probationeroffender is brought before the court for its further	10677
action.	10678

Sec. 2951.08.  (A) During a period of probation or community	10679
control, any field officer or probation officer may arrest the	10680
person on probation or under a community control sanction without	10681
a warrant and bring the person before the judge or magistrate	10682
before whom the cause was pending. During a period of probation	10683
or community control, any peace officer may arrest the person on	10684
probation or under a community control sanction without a warrant	10685
upon the written order of the chief county probation officer of	10686
the probation agency if the person on probation or under a	10687
community control sanction is under the supervision of that county	10688
department of probation agency or on the order of an officer of	10689
the adult parole authority created pursuant to section 5149.02 of	10690
the Revised Code if the person on probation or under a community	10691
control sanction is under the supervision of the authority. During	10692
a period of probation or community control, any peace officer may	10693
arrest the person on probation or under a community control	10694
sanction on the warrant of the judge or magistrate before whom the	10695
cause was pending.	10696

During a period of probation or community control, any peace	10697
officer may arrest the person on probation or under a community	10698
control sanction without a warrant if the peace officer has	10699
reasonable ground to believe that the person has violated or is	10700
violating any of the following that is a condition of the person's	10701
probation or of the person's community control sanction:	10702

(1) A condition that prohibits ownership, possession, or use	10703
of a firearm, deadly weapon, ammunition, or dangerous ordnance;	10704

(2) A condition that prohibits the person from being within	10705
a specified structure or geographic area;	10706

(3) A condition that confines the person to a residence,	10707
facility, or other structure;	10708

(4) A condition that prohibits the person from contacting or	10709
communicating with any specified individual;	10710

(5) A condition that prohibits the person from associating	10711
with a specified individual;	10712

(6) A condition as provided in division (C)(1)(c)(A)(1)(a)	10713
of section 2951.022929.25 of the Revised Code or in division	10714
(A)(1) of section 2929.15 or (A)(8) of section 2929.27 of the	10715
Revised Code that requires that the person not ingest or be	10716
injected with a drug of abuse and submit to random drug testing	10717
and requires that the results of the drug test indicate that the	10718
person did not ingest or was not injected with a drug of abuse.	10719

(B) Upon making an arrest under this section, the arresting	10720
field officer, probation officer, or peace officer or the	10721
department or agency of the arresting officer promptly shall	10722
notify the chief probation officer or the chief probation	10723
officer's designee that the person has been arrested. Upon being	10724
notified that a peace officer has made an arrest under this	10725
section, the chief probation officer or designee, or another	10726
probation officer designated by the chief probation officer,	10727
promptly shall bring the person who was arrested before the judge	10728
or magistrate before whom the cause was pending.	10729

(C) Nothing in this section limits the powers of arrest	10730
granted to certain law enforcement officers and citizens under	10731
sections 2935.03 and 2935.04 of the Revised Code.	10732

(D) A probation officer shall receive the actual and	10733
necessary expenses incurred in the performance of the officer's	10734
duties.	10735

(E) As used in this section:

10736

(1) "Peace officer" has the same meaning as in section	10737
2935.01 of the Revised Code.	10738

(2) "Firearm," "deadly weapon," and "dangerous ordnance"	10739
have the same meanings as in section 2923.11 of the Revised Code.	10740

(3) "Community control sanction" has the same meaning as in	10741
section 2929.01 of the Revised Code.	10742

(4) "Random, "random drug testing" has the same meaning as	10743
in section 5120.63 of the Revised Code.	10744

Sec. 2951.10.  An order suspending the imposition of a	10745
sentence for a misdemeanor under section 2929.25 of the Revised	10746
Code and placing the defendant on probationunder a community	10747
control sanction is a final order from which appeal may be	10748
prosecuted.	10749

Sec. 2953.31.  As used in sections 2953.31 to 2953.36 of the	10750
Revised Code:	10751

(A) "First offender" means anyone who has been convicted of	10752
an offense in this state or any other jurisdiction and who	10753
previously or subsequently has not been convicted of the same or a	10754
different offense in this state or any other jurisdiction. When	10755
two or more convictions result from or are connected with the same	10756
act or result from offenses committed at the same time, they shall	10757
be counted as one conviction. When two or three convictions	10758
result from the same indictment, information, or complaint, from	10759
the same plea of guilty, or from the same official proceeding, and	10760
result from related criminal acts that were committed within a	10761
three-month period but do not result from the same act or from	10762
offenses committed at the same time, they shall be counted as one	10763
conviction, provided that a court may decide as provided in	10764
division (C)(1)(a) of section 2953.32 of the Revised Code that it	10765
is not in the public interest for the two or three convictions to	10766
be counted as one conviction.	10767

For purposes of, and except as otherwise provided in, this	10768
division, a conviction for a minor misdemeanor, for a violation	10769
of any section in Chapter 4507., 4510., 4511., 4513., or 4549. of	10770
the Revised Code, or for a violation of a municipal ordinance	10771
that is substantially similar to any section in those chapters is	10772
not a previous or subsequent conviction. However, a conviction	10773
for a violation of section 4511.19, 4511.251, 4549.02, 4549.021,	10774
4549.03, 4549.042, or 4549.62 or sections 4549.41 to 4549.46 of	10775
the Revised Code, for a violation of section 4510.11 or 4510.14	10776
of the Revised Code that is based upon the offender's operation of	10777
a vehicle during a suspension imposed under section 4511.191 or	10778
4511.196 of the Revised Code, for a violation of a substantially	10779
equivalent municipal ordinance, for a felony violation of Title	10780
XLV of the Revised Code, or for a violation of a substantially	10781
equivalent former law of this state or former municipal ordinance	10782
shall be considered a previous or subsequent conviction.	10783

(B) "Prosecutor" means the county prosecuting attorney, city	10784
director of law, village solicitor, or similar chief legal	10785
officer, who has the authority to prosecute a criminal case in the	10786
court in which the case is filed.	10787

(C) "Bail forfeiture" means the forfeiture of bail by a	10788
defendant who is arrested for the commission of a misdemeanor,	10789
other than a defendant in a traffic case as defined in Traffic	10790
Rule 2, if the forfeiture is pursuant to an agreement with the	10791
court and prosecutor in the case.	10792

(D) "Official records" has the same meaning as in division	10793
(D) of section 2953.51 of the Revised Code.	10794

(E) "Official proceeding" has the same meaning as in section	10795
2921.01 of the Revised Code.	10796

(F) "Community control sanction" has the same meaning as in	10797
section 2929.01 of the Revised Code.	10798

(G) "Post-release control" and "post-release control	10799
sanction" have the same meanings as in section 2967.01 of the	10800
Revised Code.	10801

Sec. 2953.32.  (A)(1) Except as provided in section 2953.61	10802
of the Revised Code, a first offender may apply to the sentencing	10803
court if convicted in this state, or to a court of common pleas if	10804
convicted in another state or in a federal court, for the sealing	10805
of the conviction record. Application may be made at the	10806
expiration of three years after the offender's final discharge if	10807
convicted of a felony, or at the expiration of one year after the	10808
offender's final discharge if convicted of a misdemeanor.	10809

(2) Any person who has been arrested for any misdemeanor	10810
offense and who has effected a bail forfeiture may apply to the	10811
court in which the misdemeanor criminal case was pending when bail	10812
was forfeited for the sealing of the record of the case. Except	10813
as provided in section 2953.61 of the Revised Code, the	10814
application may be filed at any time after the expiration of one	10815
year from the date on which the bail forfeiture was entered upon	10816
the minutes of the court or the journal, whichever entry occurs	10817
first.	10818

(B) Upon the filing of an application under this section,	10819
the court shall set a date for a hearing and shall notify the	10820
prosecutor for the case of the hearing on the application. The	10821
prosecutor may object to the granting of the application by filing	10822
an objection with the court prior to the date set for the hearing.	10823
The prosecutor shall specify in the objection the reasons for	10824
believing a denial of the application is justified. The court	10825
shall direct its regular probation officer, a state probation	10826
officer, or the department of probation of the county in which the	10827
applicant resides to make inquiries and written reports as the	10828
court requires concerning the applicant.	10829

(C)(1) The court shall do each of the following:

10830

(a) Determine whether the applicant is a first offender or	10831
whether the forfeiture of bail was agreed to by the applicant and	10832
the prosecutor in the case. If the applicant applies as a first	10833
offender pursuant to division (A)(1) of this section and has two	10834
or three convictions that result from the same indictment,	10835
information, or complaint, from the same plea of guilty, or from	10836
the same official proceeding, and result from related criminal	10837
acts that were committed within a three-month period but do not	10838
result from the same act or from offenses committed at the same	10839
time, in making its determination under this division, the court	10840
initially shall determine whether it is not in the public interest	10841
for the two or three convictions to be counted as one conviction.	10842
If the court determines that it is not in the public interest for	10843
the two or three convictions to be counted as one conviction, the	10844
court shall determine that the applicant is not a first offender;	10845
if the court does not make that determination, the court shall	10846
determine that the offender is a first offender.	10847

(b) Determine whether criminal proceedings are pending	10848
against the applicant;	10849

(c) If the applicant is a first offender who applies	10850
pursuant to division (A)(1) of this section, determine whether the	10851
applicant has been rehabilitated to the satisfaction of the court;	10852

(d) If the prosecutor has filed an objection in accordance	10853
with division (B) of this section, consider the reasons against	10854
granting the application specified by the prosecutor in the	10855
objection;	10856

(e) Weigh the interests of the applicant in having the	10857
records pertaining to the applicant's conviction sealed against	10858
the legitimate needs, if any, of the government to maintain those	10859
records.	10860

(2) If the court determines, after complying with division	10861
(C)(1) of this section, that the applicant is a first offender or	10862
the subject of a bail forfeiture, that no criminal proceeding is	10863
pending against the applicant, and that the interests of the	10864
applicant in having the records pertaining to the applicant's	10865
conviction or bail forfeiture sealed are not outweighed by any	10866
legitimate governmental needs to maintain those records, and that	10867
the rehabilitation of an applicant who is a first offender	10868
applying pursuant to division (A)(1) of this section has been	10869
attained to the satisfaction of the court, the court, except as	10870
provided in division (G) of this section, shall order all official	10871
records pertaining to the case sealed and, except as provided in	10872
division (F) of this section, all index references to the case	10873
deleted and, in the case of bail forfeitures, shall dismiss the	10874
charges in the case. The proceedings in the case shall be	10875
considered not to have occurred and the conviction or bail	10876
forfeiture of the person who is the subject of the proceedings	10877
shall be sealed, except that upon conviction of a subsequent	10878
offense, the sealed record of prior conviction or bail forfeiture	10879
may be considered by the court in determining the sentence or	10880
other appropriate disposition, including the relief provided for	10881
in sections 2953.31 to 2953.33 of the Revised Code.	10882

(3) Upon the filing of an application under this section,	10883
the applicant, unless indigent, shall pay a fee of fifty dollars.	10884
The court shall pay thirty dollars of the fee into the state	10885
treasury. It shall pay twenty dollars of the fee into the county	10886
general revenue fund if the sealed conviction or bail forfeiture	10887
was pursuant to a state statute, or into the general revenue fund	10888
of the municipal corporation involved if the sealed conviction or	10889
bail forfeiture was pursuant to a municipal ordinance.	10890

(D) Inspection of the sealed records included in the order	10891
may be made only by the following persons or for the following	10892
purposes:	10893

(1) By a law enforcement officer or prosecutor, or the	10894
assistants of either, to determine whether the nature and	10895
character of the offense with which a person is to be charged	10896
would be affected by virtue of the person's previously having been	10897
convicted of a crime;	10898

(2) By the parole or probation officer of the person who is	10899
the subject of the records, for the exclusive use of the officer	10900
in supervising the person while on parole or probationunder a	10901
community control sanction or a post-release control sanction, and	10902
in making inquiries and written reports as requested by the court	10903
or adult parole authority;	10904

(3) Upon application by the person who is the subject of the	10905
records, by the persons named in the application;	10906

(4) By a law enforcement officer who was involved in the	10907
case, for use in the officer's defense of a civil action arising	10908
out of the officer's involvement in that case;	10909

(5) By a prosecuting attorney or the prosecuting attorney's	10910
assistants, to determine a defendant's eligibility to enter a	10911
pre-trial diversion program established pursuant to section	10912
2935.36 of the Revised Code;	10913

(6) By any law enforcement agency or any authorized employee	10914
of a law enforcement agency or by the department of rehabilitation	10915
and correction as part of a background investigation of a person	10916
who applies for employment with the agency as a law enforcement	10917
officer or with the department as a corrections officer;	10918

(7) By any law enforcement agency or any authorized employee	10919
of a law enforcement agency, for the purposes set forth in, and in	10920
the manner provided in, section 2953.321 of the Revised Code;	10921

(8) By the bureau of criminal identification and	10922
investigation or any authorized employee of the bureau for the	10923
purpose of providing information to a board or person pursuant to	10924
division (F) or (G) of section 109.57 of the Revised Code;	10925

(9) By the bureau of criminal identification and	10926
investigation or any authorized employee of the bureau for the	10927
purpose of performing a criminal history records check on a person	10928
to whom a certificate as prescribed in section 109.77 of the	10929
Revised Code is to be awarded.	10930

When the nature and character of the offense with which a	10931
person is to be charged would be affected by the information, it	10932
may be used for the purpose of charging the person with an	10933
offense.	10934

(E) In any criminal proceeding, proof of any otherwise	10935
admissible prior conviction may be introduced and proved,	10936
notwithstanding the fact that for any such prior conviction an	10937
order of sealing previously was issued pursuant to sections	10938
2953.31 to 2953.36 of the Revised Code.	10939

(F) The person or governmental agency, office, or department	10940
that maintains sealed records pertaining to convictions or bail	10941
forfeitures that have been sealed pursuant to this section may	10942
maintain a manual or computerized index to the sealed records. The	10943
index shall contain only the name of, and alphanumeric identifiers	10944
that relate to, the persons who are the subject of the sealed	10945
records, the word "sealed," and the name of the person, agency,	10946
office, or department that has custody of the sealed records, and	10947
shall not contain the name of the crime committed. The index shall	10948
be made available by the person who has custody of the sealed	10949
records only for the purposes set forth in divisions (C), (D), and	10950
(E) of this section.	10951

(G) Notwithstanding any provision of this section or section	10952
2953.33 of the Revised Code that requires otherwise, a board of	10953
education of a city, local, exempted village, or joint vocational	10954
school district that maintains records of an individual who has	10955
been permanently excluded under sections 3301.121 and 3313.662 of	10956
the Revised Code is permitted to maintain records regarding a	10957
conviction that was used as the basis for the individual's	10958
permanent exclusion, regardless of a court order to seal the	10959
record. An order issued under this section to seal the record of	10960
a conviction does not revoke the adjudication order of the	10961
superintendent of public instruction to permanently exclude the	10962
individual who is the subject of the sealing order. An order	10963
issued under this section to seal the record of a conviction of an	10964
individual may be presented to a district superintendent as	10965
evidence to support the contention that the superintendent should	10966
recommend that the permanent exclusion of the individual who is	10967
the subject of the sealing order be revoked. Except as otherwise	10968
authorized by this division and sections 3301.121 and 3313.662 of	10969
the Revised Code, any school employee in possession of or having	10970
access to the sealed conviction records of an individual that were	10971
the basis of a permanent exclusion of the individual is subject to	10972
section 2953.35 of the Revised Code.	10973

Sec. 2953.33.  (A) Except as provided in division (G) of	10974
section 2953.32 of the Revised Code, an order to seal the record	10975
of a person's conviction restores the person who is the subject of	10976
the order to all rights and privileges not otherwise restored by	10977
termination of the sentence or probationcommunity control	10978
sanction or by final release on parole or post-release control.	10979

(B) In any application for employment, license, or other	10980
right or privilege, any appearance as a witness, or any other	10981
inquiry, except as provided in division (E) of section 2953.32 of	10982
the Revised Code, a person may be questioned only with respect to	10983
convictions not sealed, bail forfeitures not expunged under	10984
section 2953.42 of the Revised Code as it existed prior to June	10985
29, 1988, and bail forfeitures not sealed, unless the question	10986
bears a direct and substantial relationship to the position for	10987
which the person is being considered.	10988

Sec. 2961.01. (A) A person convicted of a felony under the	10989
laws of this or any other state or the United States, unless the	10990
conviction is reversed or annulled, is incompetent to be an	10991
elector or juror or to hold an office of honor, trust, or profit.	10992
When any person convicted of a felony under any law of that type	10993
is granted probation, parole, judicial release, or a conditional	10994
pardon or is released under a non-jail community control sanction	10995
or a post-release control sanction, the person is competent to be	10996
an elector during the period of probationcommunity control,	10997
parole, post-release control, or release or until the conditions	10998
of the pardon have been performed or have transpired and is	10999
competent to be an elector thereafter following final discharge.	11000
The full pardon of a convict restores the rights and privileges so	11001
forfeited under this section, but a pardon shall not release a	11002
convict from the costs of the convict's conviction in this state,	11003
unless so specified.	11004

(B)As used in this section:

11005

(1) "Community control sanction" has the same meaning as in	11006
section 2929.01 of the Revised Code.	11007

(2) "Non-jail community control sanction" means a community	11008
control sanction that is neither a term in a community-based	11009
correctional facility nor a term in a jail.	11010

(3) "Post-release control" and "post-release control	11011
sanction" have the same meanings as in section 2967.01 of the	11012
Revised Code.	11013

Sec. 2963.01.  As used in sections 2963.01 to 2963.27,	11014
inclusive, of the Revised Code:	11015

(A) "Governor" includes any person performing the functions	11016
of governor by authority of the law of this state.	11017

(B) "Executive authority" includes the governor, and any	11018
person performing the functions of governor in a state other than	11019
this state.	11020

(C) "State," referring to a state other than this state,	11021
includes any state or territory, organized or unorganized, of the	11022
United States.	11023

(D) "Community control sanction" has the same meaning as in	11024
section 2929.01 of the Revised Code.	11025

(E) "Post-release control" and "post-release control	11026
sanction" have the same meanings as in section 2967.01 of the	11027
Revised Code.	11028

Sec. 2963.11.  When, on the oath of a credible person before	11029
any judge or magistrate of this state, any person within this	11030
state is charged with the commission of any crime in any other	11031
state and with having fled from justice, or with having been	11032
convicted of a crime in that state and having escaped from	11033
confinement, or having broken the terms of the person's bail,	11034
probation, or parole or violated the conditions of a community	11035
control sanction imposed under section 2929.16, 2929.17, or	11036
2929.18 of the Revised Code or of post-release control under	11037
section 2967.28 of the Revised Codesanction, or whenever	11038
complaint has been made before any judge or magistrate in this	11039
state setting forth on the affidavit of any credible person in	11040
another state that a crime has been committed in the other state	11041
and that the accused has been charged in that state with the	11042
commission of the crime, and, has fled from justice, or with	11043
having been convicted of a crime in that state and having escaped	11044
from confinement, or having broken the terms of bail, probation,	11045
or parole, and is believed to be in this state, the judge or	11046
magistrate shall issue a warrant directed to any peace officer,	11047
commanding the peace officer to apprehend the person named in the	11048
warrant, wherever the person may be found in this state, and to	11049
bring the person before the same or any other judge, magistrate,	11050
or court whichthat may be available in or convenient of access to	11051
the place where the arrest may be made, to answer the charge or	11052
complaint and affidavit, and a certified copy of the sworn charge	11053
or complaint and upon which the warrant is issued shall be	11054
attached to the warrant.	11055

This section does not apply to cases arising under section	11056
2963.06 of the Revised Code.	11057

Sec. 2963.20.  Whenever the governor demands a person charged	11058
with crime, or with escaping from confinement, or with breaking	11059
the terms of histhe person's bail, probation, or parole in this	11060
state or violating the conditions of a community control sanction	11061
or post-release control sanction imposed in this state, from the	11062
executive authority of any other state, or from the chief justice	11063
or an associate justice of the supreme court of the District of	11064
Columbia authorized to receive suchthat demand under the laws of	11065
the United States, hethe governor shall issue a warrant under the	11066
seal of this state, to somean agent, commanding himthe agent to	11067
receive the person so charged and convey suchthat person to the	11068
proper officer of the county in which the offense was committed.	11069

Sec. 2963.21.  When the return to this state of a person	11070
charged with crime in this state is required, the prosecuting	11071
attorney shall present to the governor a written application for a	11072
requisition for the return of the person charged. The application	11073
shall state the name of the person charged, the crime charged	11074
against the person, the approximate time, place, and circumstances	11075
of its commission, the state in which the person charged is	11076
believed to be located, and the location of the person in that	11077
state at the time the application is made. The prosecuting	11078
attorney shall certify that in the prosecuting attorney's opinion	11079
the ends of justice require the arrest and return of the person	11080
charged to this state for trial and that the proceeding is not	11081
instituted to enforce a private claim.	11082

When the return to this state is required of a person who has	11083
been convicted of a crime in this state and has escaped from	11084
confinement or broken the terms of the person's bail, probation,	11085
parole, community control sanction, or post-release control	11086
sanction, the prosecuting attorney of the county in which the	11087
offense was committed, the adult parole authority, or the warden	11088
of the institution or sheriff of the county from which escape was	11089
made shall present to the governor a written application for a	11090
requisition for the return of the person. The application shall	11091
state the person's name, the crime of which the person was	11092
convicted, the circumstances of the person's escape from	11093
confinement or of the breach of the terms of the person's bail,	11094
probation, parole, community control sanction, or post-release	11095
control sanction, the state in which the person is believed to be	11096
located, and the location of the person in that state at the time	11097
the application is made.	11098

An application presented under this section shall be verified	11099
by affidavit, executed in duplicate, and accompanied by two	11100
certified copies of the indictment returned, of the information	11101
and affidavit filed, of the complaint made to the judge or	11102
magistrate, stating the offense with which the accused is charged,	11103
of the judgment of conviction, or of the sentence. The	11104
prosecuting attorney, adult parole authority, warden, or sheriff	11105
also may attach any other affidavits or documents in duplicate	11106
that the prosecuting attorney, adult parole authority, warden, or	11107
sheriff finds proper to be submitted with the application. One	11108
copy of the application, with the action of the governor indicated	11109
by indorsement on the application, and one of the certified copies	11110
of the indictment, complaint, information, and affidavits, of the	11111
judgment of conviction, or of the sentence shall be filed in the	11112
office of the secretary of state to remain of record in that	11113
office. The other copies of all papers shall be forwarded with	11114
the governor's requisition.	11115

Sec. 2967.02.  (A) SectionsThe adult parole authority	11116
created by section 5149.02 of the Revised Code shall administer	11117
sections 2967.01 to 2967.28 of the Revised Code, and other	11118
sections of the Revised Code governing pardon, probationcommunity	11119
control sanctions, post-release control, and parole, shall be	11120
administered by the adult parole authority created by section	11121
5149.02 of the Revised Code.	11122

(B) The governor may grant a pardon after conviction, may	11123
grant an absolute and entire pardon or a partial pardon, and may	11124
grant a pardon upon conditions precedent or subsequent.	11125

(C) The adult parole authority shall supervise all parolees.	11126
The department of rehabilitation and correction has legal custody	11127
of a parolee until the authority grants the parolee a final	11128
release pursuant to section 2967.16 of the Revised Code.	11129

(D) The department of rehabilitation and correction has	11130
legal custody of a releasee until the adult parole authority	11131
grants the releasee a final release pursuant to section 2967.16 of	11132
the Revised Code.	11133

Sec. 2967.22.  Whenever it is brought to the attention of the	11134
adult parole authority or a county department of probation that a	11135
parolee, probationerperson under a community control sanction,	11136
person under transitional control, or releasee appears to be a	11137
mentally ill person subject to hospitalization by court order, as	11138
defined in section 5122.01 of the Revised Code, or a mentally	11139
retarded person subject to institutionalization by court order, as	11140
defined in section 5123.01 of the Revised Code, the parole or	11141
probation officer, subject to the approval of the chief of the	11142
adult parole authority, the designee of the chief of the adult	11143
parole authority, or the chief probation officer, may file an	11144
affidavit under section 5122.11 or 5123.71 of the Revised Code. A	11145
parolee, probationerperson under a community control sanction, or	11146
releasee who is involuntarily detained under Chapter 5122. or	11147
5123. of the Revised Code shall receive credit against the period	11148
of parole or probationcommunity control or the term of	11149
post-release control for the period of involuntary detention.	11150

If a parolee, probationerperson under a community control	11151
sanction, person under transitional control, or releasee escapes	11152
from an institution or facility within the department of mental	11153
health or the department of mental retardation and developmental	11154
disabilities, the superintendent of the institution immediately	11155
shall notify the chief of the adult parole authority or the chief	11156
probation officer. Notwithstanding the provisions of section	11157
5122.26 of the Revised Code, the procedure for the apprehension,	11158
detention, and return of the parolee, probationerperson under a	11159
community control sanction, person under transitional control, or	11160
releasee is the same as that provided for the apprehension,	11161
detention, and return of persons who escape from institutions	11162
operated by the department of rehabilitation and correction. If	11163
the escaped parolee, person under transitional control, or	11164
releasee is not apprehended and returned to the custody of the	11165
department of mental health or the department of mental	11166
retardation and developmental disabilities within ninety days	11167
after the escape, the parolee, person under transitional control,	11168
or releasee shall be discharged from the custody of the department	11169
of mental health or the department of mental retardation and	11170
developmental disabilities and returned to the custody of the	11171
department of rehabilitation and correction. If the escaped	11172
probationerperson under a community control sanction is not	11173
apprehended and returned to the custody of the department of	11174
mental health or the department of mental retardation and	11175
developmental disabilities within ninety days after the escape,	11176
the probationerperson under a community control sanction shall be	11177
discharged from the custody of the department of mental health or	11178
the department of mental retardation and developmental	11179
disabilities and returned to the custody of the court that	11180
sentenced the probationerthat person.	11181

Sec. 2967.26.  (A)(1) The department of rehabilitation and	11182
correction, by rule, may establish a transitional control program	11183
for the purpose of closely monitoring a prisoner's adjustment to	11184
community supervision during the final one hundred eighty days of	11185
the prisoner's confinement. If the department establishes a	11186
transitional control program under this division, the adult parole	11187
authority may transfer eligible prisoners to transitional control	11188
status under the program during the final one hundred eighty days	11189
of their confinement and under the terms and conditions	11190
established by the department, shall provide for the confinement	11191
as provided in this division of each eligible prisoner so	11192
transferred, and shall supervise each eligible prisoner so	11193
transferred in one or more community control sanctions. Each	11194
eligible prisoner who is transferred to transitional control	11195
status under the program shall be confined in a suitable facility	11196
that is licensed pursuant to division (C) of section 2967.14 of	11197
the Revised Code, or shall be confined in a residence the	11198
department has approved for this purpose and be monitored pursuant	11199
to an electronic monitoring device, as defined in section 2929.23	11200
2929.01 of the Revised Code. If the department establishes a	11201
transitional control program under this division, the rules	11202
establishing the program shall include criteria that define which	11203
prisoners are eligible for the program, criteria that must be	11204
satisfied to be approved as a residence that may be used for	11205
confinement under the program of a prisoner that is transferred to	11206
it and procedures for the department to approve residences that	11207
satisfy those criteria, and provisions of the type described in	11208
division (C) of this section. At a minimum, the criteria that	11209
define which prisoners are eligible for the program shall provide	11210
all of the following:	11211

(a) That a prisoner is eligible for the program if the	11212
prisoner is serving a prison term or term of imprisonment for an	11213
offense committed prior to the effective date of this amendment	11214
March 17, 1998, and if, at the time at which eligibility is being	11215
determined, the prisoner would have been eligible for a furlough	11216
under this section as it existed immediately prior to the	11217
effective date of this amendmentMarch 17, 1998, or would have	11218
been eligible for conditional release under former section 2967.23	11219
of the Revised Code as that section existed immediately prior to	11220
the effective date of this amendmentMarch 17, 1998;	11221

(b) That no prisoner who is serving a mandatory prison term	11222
is eligible for the program until after expiration of the	11223
mandatory term;	11224

(c) That no prisoner who is serving a prison term or term of	11225
life imprisonment without parole imposed pursuant to section	11226
2971.03 of the Revised Code is eligible for the program.	11227

(2) At least three weeks prior to transferring to	11228
transitional control under this section a prisoner who is serving	11229
a term of imprisonment or prison term for an offense committed on	11230
or after July 1, 1996, the adult parole authority shall give	11231
notice of the pendency of the transfer to transitional control to	11232
the court of common pleas of the county in which the indictment	11233
against the prisoner was found and of the fact that the court may	11234
disapprove the transfer of the prisoner to transitional control	11235
and shall include a report prepared by the head of the state	11236
correctional institution in which the prisoner is confined. The	11237
head of the state correctional institution in which the prisoner	11238
is confined, upon the request of the adult parole authority, shall	11239
provide to the authority for inclusion in the notice sent to the	11240
court under this division a report on the prisoner's conduct in	11241
the institution and in any institution from which the prisoner may	11242
have been transferred. The report shall cover the prisoner's	11243
participation in school, vocational training, work, treatment, and	11244
other rehabilitative activities and any disciplinary action taken	11245
against the prisoner. If the court disapproves of the transfer of	11246
the prisoner to transitional control, the court shall notify the	11247
authority of the disapproval within thirty days after receipt of	11248
the notice. If the court timely disapproves the transfer of the	11249
prisoner to transitional control, the authority shall not proceed	11250
with the transfer. If the court does not timely disapprove the	11251
transfer of the prisoner to transitional control, the authority	11252
may transfer the prisoner to transitional control.	11253

(3) If the victim of an offense for which a prisoner was	11254
sentenced to a prison term or term of imprisonment has requested	11255
notification under section 2930.16 of the Revised Code and has	11256
provided the department of rehabilitation and correction with the	11257
victim's name and address, the adult parole authority, at least	11258
three weeks prior to transferring the prisoner to transitional	11259
control pursuant to this section, shall notify the victim of the	11260
pendency of the transfer and of the victim's right to submit a	11261
statement to the authority regarding the impact of the transfer of	11262
the prisoner to transitional control. If the victim subsequently	11263
submits a statement of that nature to the authority, the authority	11264
shall consider the statement in deciding whether to transfer the	11265
prisoner to transitional control.	11266

(B) Each prisoner transferred to transitional control under	11267
this section shall be confined in the manner described in division	11268
(A) of this section during any period of time that the prisoner is	11269
not actually working at the prisoner's approved employment,	11270
engaged in a vocational training or another educational program,	11271
engaged in another program designated by the director, or engaged	11272
in other activities approved by the department.	11273

(C) The department of rehabilitation and correction shall	11274
adopt rules for transferring eligible prisoners to transitional	11275
control, supervising and confining prisoners so transferred,	11276
administering the transitional control program in accordance with	11277
this section, and using the moneys deposited into the transitional	11278
control fund established under division (E) of this section.	11279

(D) The department of rehabilitation and correction may	11280
adopt rules for the issuance of passes for the limited purposes	11281
described in this division to prisoners who are transferred to	11282
transitional control under this section. If the department adopts	11283
rules of that nature, the rules shall govern the granting of the	11284
passes and shall provide for the supervision of prisoners who are	11285
temporarily released pursuant to one of those passes. Upon the	11286
adoption of rules under this division, the department may issue	11287
passes to prisoners who are transferred to transitional control	11288
status under this section in accordance with the rules and the	11289
provisions of this division. All passes issued under this	11290
division shall be for a maximum of forty-eight hours and may be	11291
issued only for the following purposes:	11292

(1) To visit a dying relative;

11293

(2) To attend the funeral of a relative;

11294

(3) To visit with family;

11295

(4) To otherwise aid in the rehabilitation of the prisoner.

11296

(E) The adult parole authority may require a prisoner who is	11297
transferred to transitional control to pay to the division of	11298
parole and community services the reasonable expenses incurred by	11299
the division in supervising or confining the prisoner while under	11300
transitional control. Inability to pay those reasonable expenses	11301
shall not be grounds for refusing to transfer an otherwise	11302
eligible prisoner to transitional control. Amounts received by	11303
the division of parole and community services under this division	11304
shall be deposited into the transitional control fund, which is	11305
hereby created in the state treasury and which hereby replaces and	11306
succeeds the furlough services fund that formerly existed in the	11307
state treasury. All moneys that remain in the furlough services	11308
fund on the effective date of this amendmentMarch 17, 1998, shall	11309
be transferred on that date to the transitional control fund. The	11310
transitional control fund shall be used solely to pay costs	11311
related to the operation of the transitional control program	11312
established under this section. The director of rehabilitation	11313
and correction shall adopt rules in accordance with section 111.15	11314
of the Revised Code for the use of the fund.	11315

(F) A prisoner who violates any rule established by the	11316
department of rehabilitation and correction under division (A),	11317
(C), or (D) of this section may be transferred to a state	11318
correctional institution pursuant to rules adopted under division	11319
(A), (C), or (D) of this section, but the prisoner shall receive	11320
credit towards completing the prisoner's sentence for the time	11321
spent under transitional control.	11322

If a prisoner is transferred to transitional control under	11323
this section, upon successful completion of the period of	11324
transitional control, the prisoner may be released on parole or	11325
under post-release control pursuant to section 2967.13 or 2967.28	11326
of the Revised Code and rules adopted by the department of	11327
rehabilitation and correction. If the prisoner is released under	11328
post-release control, the duration of the post-release control,	11329
the type of post-release control sanctions that may be imposed,	11330
the enforcement of the sanctions, and the treatment of prisoners	11331
who violate any sanction applicable to the prisoner are governed	11332
by section 2967.28 of the Revised Code.	11333

Sec. 2969.11.  As used in sections 2969.11 to 2969.14 of the	11334
Revised Code:	11335

(A) "Crime victims recovery fund" means the fund created by	11336
division (D) of section 2929.252929.32 of the Revised Code.	11337

(B) "Victim" means a person who suffers personal injury,	11338
death, or property loss as a result of any of the following, or	11339
the beneficiaries of an action for the wrongful death of any	11340
person killed as a result of any of the following:	11341

(1) An offense committed by an offender in whose name a	11342
separate account is maintained in the crime victims recovery fund	11343
pursuant to section 2969.12 of the Revised Code;	11344

(2) The good faith effort of a person to prevent an offense	11345
committed by an offender in whose name a separate account is	11346
maintained in the crime victims recovery fund pursuant to section	11347
2969.12 of the Revised Code;	11348

(3) The good faith effort of a person to apprehend a person	11349
suspected of engaging in an offense committed by an offender in	11350
whose name a separate account is maintained in the crime victims	11351
recovery fund pursuant to section 2969.12 of the Revised Code.	11352

Sec. 2969.12.  (A) The clerk of the court of claims shall	11353
administer the crime victims recovery fund and shall maintain in	11354
the fund in the name of each offender a separate account for money	11355
received, or money received from the sale or other disposition of	11356
property, pursuant to section 2929.252929.32 of the Revised Code	11357
in connection with that offender. The clerk shall distribute the	11358
money in that separate account in accordance with division (C) of	11359
this section.	11360

(B) Notwithstanding a contrary provision of any section of	11361
the Revised Code that deals with the limitation of actions, a	11362
victim of an offense committed by an offender in whose name a	11363
separate account is maintained in the crime victims recovery fund	11364
may bring a civil action against the offender or the	11365
representatives of the offender at any time within three years	11366
after the establishment of the separate account.	11367

In order to recover from a separate account maintained in the	11368
fund in the name of an offender, a victim of that offender shall	11369
do all of the following:	11370

(1) Within the three-year period or, if the action was	11371
initiated before the separate account was established, within	11372
ninety days after the separate account is established, notify the	11373
clerk of the court of claims that a civil action has been brought	11374
against the offender or the representatives of the offender;	11375

(2) Notify the clerk of the court of claims of the entry of	11376
any judgment in the civil action;	11377

(3) Within ninety days after the judgment in the civil	11378
action is final or, if the judgment was obtained before the	11379
separate account was established, within ninety days after the	11380
separate account is established, request the clerk of the court of	11381
claims to pay from the separate account the judgment that the	11382
victim is awarded in the civil action.	11383

If a civil action is brought against an offender or the	11384
representatives of the offender after the expiration of the	11385
statute of limitations that would apply to the civil action but	11386
for this division, the court shall state in a judgment in favor of	11387
the victim that the judgment may be enforced only against the	11388
separate account maintained in the name of that offender in the	11389
crime victims recovery fund.	11390

(C)(1) The clerk of the court of claims shall not make a	11391
payment from the separate account maintained in the name of an	11392
offender in the crime victims recovery fund to a victim of the	11393
offender until the expiration of the later of the following	11394
periods:	11395

(a) The expiration of three years after the establishment of	11396
the separate account, provided that no action of which the clerk	11397
was notified under division (B)(1) of this section is pending;	11398

(b) If three years has elapsed since the establishment of	11399
the separate account and if one or more actions of which the clerk	11400
was notified under division (B)(1) of this section is pending at	11401
the expiration of that three-year period, the date of the final	11402
disposition of the last of those pending actions.	11403

(2) Upon the expiration of the applicable period of time set	11404
forth in division (C)(1) of this section, the clerk of the court	11405
of claims shall make payments from the separate account maintained	11406
in the name of the offender in the crime victims recovery fund to	11407
the victims of the offender who obtained a judgment against the	11408
offender or the representatives of the offender for damages	11409
resulting from the offense committed by the offender. The	11410
payments shall be made as provided in this division.	11411

When a separate account is maintained in the name of an	11412
offender in the crime victims recovery fund, the clerk of the	11413
court of claims shall determine on the second day of January and	11414
the first day of April, July, and October of each year the amount	11415
of money in that separate account. After the expiration of the	11416
applicable period of time set forth in division (C)(1) of this	11417
section, the clerk shall pay from that separate account any	11418
judgment for which a victim of that offender has requested payment	11419
pursuant to division (B)(3) of this section and has requested	11420
payment prior to the date of the most recent quarterly	11421
determination described in this division. If at a time that	11422
payments would be made from that separate account there are	11423
insufficient funds in that separate account to pay all of the	11424
applicable judgments against the offender or the representatives	11425
of the offender, the clerk of the court of claims shall pay the	11426
judgments on a pro rata basis.	11427

Sec. 2969.13.  All moneys that are collected pursuant to	11428
section 2929.252929.32 of the Revised Code and required to be	11429
deposited in the crime victims recovery fund shall be credited by	11430
the treasurer of state to the fund. Any interest earned on the	11431
money in the fund shall be credited to the fund.	11432

Sec. 2969.14.  (A) If a separate account has been maintained	11433
in the name of an offender in the crime victims recovery fund and	11434
if there is no further requirement to pay into the fund money, or	11435
the monetary value of property, pursuant to section 2929.25	11436
2929.32 of the Revised Code, unless otherwise ordered by a court	11437
of record in which a judgment has been rendered against the	11438
offender or the representatives of the offender, the clerk of the	11439
court of claims shall pay the money remaining in the separate	11440
account in accordance with division (B) of this section, if all of	11441
the following apply:	11442

(1) The applicable period of time that governs the making of	11443
payments from the separate account, as set forth in division	11444
(C)(1) of section 2969.12 of the Revised Code, has elapsed.	11445

(2) None of the civil actions against the offender or the	11446
representatives of the offender of which the clerk of the court of	11447
claims has been notified pursuant to division (B)(1) of section	11448
2969.12 of the Revised Code is pending.	11449

(3) All judgments for which payment was requested pursuant	11450
to division (B)(3) of section 2969.12 of the Revised Code have	11451
been paid.	11452

(B) If the clerk of the court of claims is required by	11453
division (A) of this section to pay the money remaining in the	11454
separate account established in the name of an offender in	11455
accordance with this division, the clerk shall pay the money as	11456
follows:	11457

(1) If the offender was confined for a felony in a prison or	11458
other facility operated by the department of rehabilitation and	11459
correction under a sanction imposed pursuant to section 2929.14 or	11460
2929.16 of the Revised Code, the clerk shall pay the money to the	11461
treasurer of state, in accordance with division (C)(1) of section	11462
2929.18 of the Revised Code, to cover the costs of the	11463
confinement. If any money remains in the separate account after	11464
the payment of the costs of the confinement pursuant to this	11465
division, the clerk shall pay the remaining money in accordance	11466
with divisions (B)(2), (3), and (5) of this section.	11467

(2) If the offender was confined for a felony in a facility	11468
operated by a county or a municipal corporation, after payment of	11469
any costs required to be paid under division (B)(1) of this	11470
section, the clerk shall pay the money to the treasurer of the	11471
county or of the municipal corporation that operated the facility,	11472
in accordance with division (C)(2) or (3) of section 2929.18 of	11473
the Revised Code, to cover the costs of the confinement. If more	11474
than one county or municipal corporation operated a facility in	11475
which the offender was confined, the clerk shall equitably	11476
apportion the money among each of those counties and municipal	11477
corporations. If any money remains in the separate account after	11478
the payment of the costs of the confinement pursuant to this	11479
division, the clerk shall pay the remaining money in accordance	11480
with divisions (B)(3) and (5) of this section.	11481

(3) If the offender was sentenced for a felony to any	11482
community control sanction other than a sanction described in	11483
division (B)(2) of this section, after payment of any costs	11484
required to be paid under division (B)(1) or (2) of this section,	11485
the clerk shall pay the money to the treasurer of the county or of	11486
the municipal corporation that incurred costs pursuant to the	11487
sanction, in accordance with division (C)(2) or (3) of section	11488
2929.18 of the Revised Code, to cover the costs so incurred. If	11489
more than one county or municipal corporation incurred costs	11490
pursuant to the sanction, the clerk shall equitably apportion the	11491
money among each of those counties and municipal corporations. If	11492
any money remains in the separate account after the payment of the	11493
costs of the sanction pursuant to this division, the clerk shall	11494
pay the remaining money in accordance with division (B)(5) of this	11495
section.	11496

(4) If the offender was imprisoned or incarcerated for a	11497
misdemeanor, to the treasurer of the political subdivision that	11498
operates the facility in which the offender was imprisoned or	11499
incarcerated, to cover the costs of the imprisonment or	11500
incarceration. If more than one political subdivision operated a	11501
facility in which the offender was confined, the clerk shall	11502
equitably apportion the money among each of those political	11503
subdivisions. If any money remains in the separate account after	11504
the payment of the costs of the imprisonment or incarceration	11505
under this division, the clerk shall pay the remaining money in	11506
accordance with division (B)(5) of this section.	11507

(5) If any money remains in the separate account after	11508
payment of any costs required to be paid under division (B)(1),	11509
(2), (3), or (4) of this section, or if no provision of division	11510
(B)(1), (2), (3), or (4) of this section applies, the clerk shall	11511
distribute the amount of the money remaining in the separate	11512
account as otherwise provided by law for the distribution of money	11513
paid in satisfaction of a fine, as if that amount was a fine paid	11514
by the offender.	11515

Sec. 3313.65.  (A) As used in this section and section	11516
3313.64 of the Revised Code:	11517

(1) A person is "in a residential facility" if the person is	11518
a resident or a resident patient of an institution, home, or other	11519
residential facility that is:	11520

(a) Licensed as a nursing home, residential care facility,	11521
or home for the aging by the director of health under section	11522
3721.02 of the Revised Code or licensed as a community alternative	11523
home by the director of health under section 3724.03 of the	11524
Revised Code;	11525

(b) Licensed as an adult care facility by the director of	11526
health under Chapter 3722. of the Revised Code;	11527

(c) Maintained as a county home or district home by the	11528
board of county commissioners or a joint board of county	11529
commissioners under Chapter 5155. of the Revised Code;	11530

(d) Operated or administered by a board of alcohol, drug	11531
addiction, and mental health services under section 340.03 or	11532
340.06 of the Revised Code, or provides residential care pursuant	11533
to contracts made under section 340.03 or 340.033 of the Revised	11534
Code;	11535

(e) Maintained as a state institution for the mentally ill	11536
under Chapter 5119. of the Revised Code;	11537

(f) Licensed by the department of mental health under	11538
section 5119.20 or 5119.22 of the Revised Code;	11539

(g) Licensed as a residential facility by the department of	11540
mental retardation and developmental disabilities under section	11541
5123.19 of the Revised Code;	11542

(h) Operated by the veteran's administration or another	11543
agency of the United States government;	11544

(i) The Ohio soldiers' and sailors' home.

11545

(2) A person is "in a correctional facility" if any of the	11546
following apply:	11547

(a) The person is an Ohio resident and is:

11548

(i) Imprisoned, as defined in section 1.05 of the Revised	11549
Code;	11550

(ii) Serving a term in a community-based correctional	11551
facility or a district community-based correctional facility;	11552

(iii) Required, as a condition of parole, probationa	11553
post-release control sanction, a community control sanction,	11554
transitional control, or early release from imprisonment, as a	11555
condition of shock parole or shock probation granted under the law	11556
in effect prior to July 1, 1996, or as a condition of a furlough	11557
granted under the version of section 2967.26 of the Revised Code	11558
in effect prior to the effective date of this amendmentMarch17,	11559
1998, to reside in a halfway house or other community residential	11560
center licensed under section 2967.14 of the Revised Code or a	11561
similar facility designated by the common pleas court of common	11562
pleas that established the condition or by the adult parole	11563
authority.	11564

(b) The person is imprisoned in a state correctional	11565
institution of another state or a federal correctional institution	11566
but was an Ohio resident at the time the sentence was imposed for	11567
the crime for which the person is imprisoned.	11568

(3) A person is "in a juvenile residential placement" if the	11569
person is an Ohio resident who is under twenty-one years of age	11570
and has been removed, by the order of a juvenile court, from the	11571
place the person resided at the time the person became subject to	11572
the court's jurisdiction in the matter that resulted in the	11573
person's removal.	11574

(4)"Community control sanction" has the same meaning as in	11575
section 2929.01 of the Revised Code.	11576

(5) "Post-release control sanction" has the same meaning as	11577
in section 2967.01 of the Revised Code.	11578

(B) If the circumstances described in division (C) of this	11579
section apply, the determination of what school district must	11580
admit a child to its schools and what district, if any, is liable	11581
for tuition shall be made in accordance with this section, rather	11582
than section 3313.64 of the Revised Code.	11583

(C) A child who does not reside in the school district in	11584
which the child's parent resides and for whom a tuition obligation	11585
previously has not been established under division (C)(2) of	11586
section 3313.64 of the Revised Code shall be admitted to the	11587
schools of the district in which the child resides if at least one	11588
of the child's parents is in a residential or correctional	11589
facility or a juvenile residential placement and the other parent,	11590
if living and not in such a facility or placement, is not known to	11591
reside in this state.	11592

(D) Regardless of who has custody or care of the child,	11593
whether the child resides in a home, or whether the child receives	11594
special education, if a district admits a child under division (C)	11595
of this section, tuition shall be paid to that district as	11596
follows:	11597

(1) If the child's parent is in a juvenile residential	11598
placement, by the district in which the child's parent resided at	11599
the time the parent became subject to the jurisdiction of the	11600
juvenile court;	11601

(2) If the child's parent is in a correctional facility, by	11602
the district in which the child's parent resided at the time the	11603
sentence was imposed;	11604

(3) If the child's parent is in a residential facility, by	11605
the district in which the parent resided at the time the parent	11606
was admitted to the residential facility, except that if the	11607
parent was transferred from another residential facility, tuition	11608
shall be paid by the district in which the parent resided at the	11609
time the parent was admitted to the facility from which the parent	11610
first was transferred;	11611

(4) In the event of a disagreement as to which school	11612
district is liable for tuition under division (C)(1), (2), or (3)	11613
of this section, the superintendent of public instruction shall	11614
determine which district shall pay tuition.	11615

(E) If a child covered by division (D) of this section	11616
receives special education in accordance with Chapter 3323. of the	11617
Revised Code, the tuition shall be paid in accordance with section	11618
3323.13 or 3323.14 of the Revised Code. Tuition for children who	11619
do not receive special education shall be paid in accordance with	11620
division (I) of section 3313.64 of the Revised Code.	11621

Sec. 3321.38.  (A) No parent, guardian, or other person	11622
having care of a child of compulsory school age shall violate any	11623
provision of section 3321.01, 3321.03, 3321.04, 3321.07, 3321.10,	11624
3321.19, 3321.20, or 3331.14 of the Revised Code. The juvenile	11625
court, which has exclusive original jurisdiction over any	11626
violation of this section pursuant to section 2151.23 of the	11627
Revised Code, may require a person convicted of violating this	11628
division to give bond in a sum of not more than five hundred	11629
dollars with sureties to the approval of the court, conditioned	11630
that the person will cause the child under the person's charge to	11631
attend upon instruction as provided by law, and remain as a pupil	11632
in the school or class during the term prescribed by law. If the	11633
juvenile court adjudicates the child as an unruly or delinquent	11634
child for being an habitual or chronic truant pursuant to section	11635
2151.35 of the Revised Code, the court shall warn the parent,	11636
guardian, or other person having care of the child that any	11637
subsequent adjudication of that nature involving the child may	11638
result in a criminal charge against the parent, guardian, or other	11639
person having care of the child for a violation of division (C) of	11640
section 2919.21 or section 2919.24 of the Revised Code.	11641

(B) This section does not relieve from prosecution and	11642
conviction any parent, guardian, or other person upon further	11643
violation of any provision in any of the sections specified in	11644
division (A) of this section, any provision of section 2919.222 or	11645
2919.24 of the Revised Code, or division (C) of section 2919.21 of	11646
the Revised Code. A forfeiture of the bond shall not relieve that	11647
parent, guardian, or other person from prosecution and conviction	11648
upon further violation of any provision in any of those sections	11649
or that division.	11650

(C) Section 4109.13 of the Revised Code applies to this	11651
section.	11652

(D) No parent, guardian, or other person having care of a	11653
child of compulsary school age shall fail to give bond as required	11654
by division (A) of this section in the sum of one hundred dollars	11655
with sureties as required by the court.	11656

Sec. 3345.04.  (A) As used in this section, "felony" has the	11657
same meaning as in section 109.511 of the Revised Code.	11658

(B) Subject to division (C) of this section, the board of	11659
trustees of a state university, the board of trustees of the	11660
medical college of Ohio at Toledo, the board of trustees of the	11661
northeastern Ohio universities college of medicine, the board of	11662
trustees of a state community college, and the board of trustees	11663
of a technical college or community college district operating a	11664
technical or a community college may designate one or more	11665
employees of the institution, as a state university law	11666
enforcement officer, in accordance with section 109.77 of the	11667
Revised Code, and, as state university law enforcement officers,	11668
those employees shall take an oath of office, wear the badge of	11669
office, serve as peace officers for the college or university, and	11670
give bond to the state for the proper and faithful discharge of	11671
their duties in the amount that the board of trustees requires.	11672

(C)(1) The board of trustees of an institution listed in	11673
division (B) of this section shall not designate an employee of	11674
the institution as a state university law enforcement officer	11675
pursuant to that division on a permanent basis, on a temporary	11676
basis, for a probationary term, or on other than a permanent basis	11677
if the employee previously has been convicted of or has pleaded	11678
guilty to a felony.	11679

(2)(a) The board of trustees shall terminate the employment	11680
as a state university law enforcement officer of an employee	11681
designated as a state university law enforcement officer under	11682
division (B) of this section if that employee does either of the	11683
following:	11684

(i) Pleads guilty to a felony;

11685

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	11686
plea agreement as provided in division (D) of section 2929.29	11687
2929.43 of the Revised Code in which the employee agrees to	11688
surrender the certificate awarded to the employee under section	11689
109.77 of the Revised Code.	11690

(b) The board of trustees shall suspend from employment as a	11691
state university law enforcement officer an employee designated as	11692
a state university law enforcement officer under division (B) of	11693
this section if that employee is convicted, after trial, of a	11694
felony. If the state university law enforcement officer files an	11695
appeal from that conviction and the conviction is upheld by the	11696
highest court to which the appeal is taken or if the state	11697
university law enforcement officer does not file a timely appeal,	11698
the board of trustees shall terminate the employment of that state	11699
university law enforcement officer. If the state university law	11700
enforcement officer files an appeal that results in that officer's	11701
acquittal of the felony or conviction of a misdemeanor, or in the	11702
dismissal of the felony charge against that officer, the board of	11703
trustees shall reinstate that state university law enforcement	11704
officer. A state university law enforcement officer who is	11705
reinstated under division (C)(2)(b) of this section shall not	11706
receive any back pay unless that officer's conviction of the	11707
felony was reversed on appeal, or the felony charge was dismissed,	11708
because the court found insufficient evidence to convict the	11709
officer of the felony.	11710

(3) Division (C) of this section does not apply regarding an	11711
offense that was committed prior to January 1, 1997.	11712

(4) The suspension from employment, or the termination of	11713
the employment, of a state university law enforcement officer	11714
under division (C)(2) of this section shall be in accordance with	11715
Chapter 119. of the Revised Code.	11716

Sec. 3719.12.  Unless a report has been made pursuant to	11717
section 2929.242929.42 of the Revised Code, on the conviction of	11718
a manufacturer, wholesaler, terminal distributor of dangerous	11719
drugs, pharmacist, pharmacy intern, dentist, chiropractor,	11720
physician, podiatrist, registered nurse, licensed practical nurse,	11721
physician assistant, optometrist, or veterinarian of the violation	11722
of this chapter or Chapter 2925. of the Revised Code, the	11723
prosecutor in the case promptly shall report the conviction to the	11724
board that licensed, certified, or registered the person to	11725
practice or to carry on business. The responsible board shall	11726
provide forms to the prosecutor. Within thirty days of the	11727
receipt of this information, the board shall initiate action in	11728
accordance with Chapter 119. of the Revised Code to determine	11729
whether to suspend or revoke the person's license, certificate, or	11730
registration.	11731

Sec. 3719.121.  (A) Except as otherwise provided in section	11732
4723.28, 4723.35, 4730.25, 4731.22, 4734.39, or 4734.41 of the	11733
Revised Code, the license, certificate, or registration of any	11734
dentist, chiropractor, physician, podiatrist, registered nurse,	11735
licensed practical nurse, physician assistant, pharmacist,	11736
pharmacy intern, optometrist, or veterinarian who is or becomes	11737
addicted to the use of controlled substances shall be suspended by	11738
the board that authorized the person's license, certificate, or	11739
registration until the person offers satisfactory proof to the	11740
board that the person no longer is addicted to the use of	11741
controlled substances.	11742

(B) If the board under which a person has been issued a	11743
license, certificate, or evidence of registration determines that	11744
there is clear and convincing evidence that continuation of the	11745
person's professional practice or method of prescribing or	11746
personally furnishing controlled substances presents a danger of	11747
immediate and serious harm to others, the board may suspend the	11748
person's license, certificate, or registration without a hearing.	11749
Except as otherwise provided in sections 4715.30, 4723.281,	11750
4729.16, 4730.25, 4731.22, and 4734.36 of the Revised Code, the	11751
board shall follow the procedure for suspension without a prior	11752
hearing in section 119.07 of the Revised Code. The suspension	11753
shall remain in effect, unless removed by the board, until the	11754
board's final adjudication order becomes effective, except that if	11755
the board does not issue its final adjudication order within	11756
ninety days after the hearing, the suspension shall be void on the	11757
ninety-first day after the hearing.	11758

(C) On receiving notification pursuant to section 2929.24	11759
2929.42 or 3719.12 of the Revised Code, the board under which a	11760
person has been issued a license, certificate, or evidence of	11761
registration immediately shall suspend the license, certificate,	11762
or registration of that person on a plea of guilty to, a finding	11763
by a jury or court of the person's guilt of, or conviction of a	11764
felony drug abuse offense; a finding by a court of the person's	11765
eligibility for intervention in lieu of conviction; a plea of	11766
guilty to, or a finding by a jury or court of the person's guilt	11767
of, or the person's conviction of an offense in another	11768
jurisdiction that is essentially the same as a felony drug abuse	11769
offense; or a finding by a court of the person's eligibility for	11770
treatment or intervention in lieu of conviction in another	11771
jurisdiction. The board shall notify the holder of the license,	11772
certificate, or registration of the suspension, which shall remain	11773
in effect until the board holds an adjudicatory hearing under	11774
Chapter 119. of the Revised Code.	11775

Sec. 3719.70.  (A) When testimony, information, or other	11776
evidence in the possession of a person who uses, possesses, or	11777
trafficks in any drug of abuse appears necessary to an	11778
investigation by law enforcement authorities into illicit sources	11779
of any drug of abuse, or appears necessary to successfully	11780
institute, maintain, or conclude a prosecution for any drug abuse	11781
offense, as defined in section 2925.01 of the Revised Code, a	11782
judge of the court of common pleas may grant to that person	11783
immunity from prosecution for any offense based upon the	11784
testimony, information, or other evidence furnished by that	11785
person, other than a prosecution of that person for giving false	11786
testimony, information, or other evidence.	11787

(B)(1) When a person is convicted of any misdemeanor drug	11788
abuse offense, the court, in determining whether to suspend	11789
sentence or place the person on probationunder a community	11790
control sanction pursuant to section 2929.25 of the Revised Code,	11791
shall take into consideration whether the person truthfully has	11792
revealed all information within the person's knowledge concerning	11793
illicit traffic in or use of drugs of abuse and, when required,	11794
has testified as to that information in any proceeding to obtain a	11795
search or arrest warrant against another or to prosecute another	11796
for any offense involving a drug of abuse. The information shall	11797
include, but is not limited to, the identity and whereabouts of	11798
accomplices, accessories, aiders, and abettors, if any, of the	11799
person or persons from whom any drug of abuse was obtained or to	11800
whom any drug of abuse was distributed, and of persons known or	11801
believed to be drug dependent persons, together with the location	11802
of any place or places where and the manner in which any drug of	11803
abuse is illegally cultivated, manufactured, sold, possessed, or	11804
used. The information also shall include all facts and	11805
circumstances surrounding any illicit traffic in or use of drugs	11806
of abuse of that nature.	11807

(2) If a person otherwise is eligible for intervention in	11808
lieu of conviction and being ordered to a period of rehabilitation	11809
under section 2951.041 of the Revised Code but the person has	11810
failed to cooperate with law enforcement authorities by providing	11811
them with the types of information described in division (B)(1) of	11812
this section, the person's lack of cooperation may be considered	11813
by the court under section 2951.041 of the Revised Code in	11814
determining whether to stay all criminal proceedings and order the	11815
person to a requested period of intervention.	11816

(C) In the absence of a competent and voluntary waiver of	11817
the right against self-incrimination, no information or testimony	11818
furnished pursuant to division (B) of this section shall be used	11819
in a prosecution of the person furnishing it for any offense other	11820
than a prosecution of that person for giving false testimony,	11821
information, or other evidence.	11822

Sec. 3734.44.  Notwithstanding the provisions of any law to	11823
the contrary, no permit or license shall be issued or renewed by	11824
the director of environmental protection, the hazardous waste	11825
facility board, or a board of health:	11826

(A) Unless the director, the hazardous waste facility board,	11827
or the board of health finds that the applicant, in any prior	11828
performance record in the transportation, transfer, treatment,	11829
storage, or disposal of solid wastes, infectious wastes, or	11830
hazardous waste, has exhibited sufficient reliability, expertise,	11831
and competency to operate the solid waste, infectious waste, or	11832
hazardous waste facility, given the potential for harm to human	11833
health and the environment that could result from the	11834
irresponsible operation of the facility, or, if no prior record	11835
exists, that the applicant is likely to exhibit that reliability,	11836
expertise, and competence;	11837

(B) If any individual or business concern required to be	11838
listed in the disclosure statement or shown to have a beneficial	11839
interest in the business of the applicant or the permittee, other	11840
than an equity interest or debt liability, by the investigation	11841
thereof, has been convicted of any of the following crimes under	11842
the laws of this state or equivalent laws of any other	11843
jurisdiction:	11844

(1) Murder;

11845

(2) Kidnapping;

11846

(3) Gambling;

11847

(4) Robbery;

11848

(5) Bribery;

11849

(6) Extortion;

11850

(7) Criminal usury;

11851

(8) Arson;

11852

(9) Burglary;

11853

(10) Theft and related crimes;

11854

(11) Forgery and fraudulent practices;

11855

(12) Fraud in the offering, sale, or purchase of securities;

11856

(13) Alteration of motor vehicle identification numbers;

11857

(14) Unlawful manufacture, purchase, use, or transfer of	11858
firearms;	11859

(15) Unlawful possession or use of destructive devices or	11860
explosives;	11861

(16) ViolationA violation of section 2925.03, 2925.04,	11862
2925.05, 2925.06, 2925.11, 2925.32, or 2925.37 or Chapter 3719. of	11863
the Revised Code, unless the violation is for possession of less	11864
than one hundred grams of marihuana, less than five grams of	11865
marihuana resin or extraction or preparation of marihuana resin,	11866
or less than one gram of marihuana resin in a liquid concentrate,	11867
liquid extract, or liquid distillate form;	11868

(17) Engaging in a pattern of corrupt activity under section	11869
2923.32 of the Revised Code;	11870

(18) ViolationA violation of the criminal provisions of	11871
Chapter 1331. of the Revised Code;	11872

(19) Any violation of the criminal provisions of any federal	11873
or state environmental protection laws, rules, or regulations that	11874
is committed knowingly or recklessly, as defined in section	11875
2901.22 of the Revised Code;	11876

(20) ViolationA violation of any provision of Chapter 2909.	11877
of the Revised Code;	11878

(21) Any offense specified in Chapter 2921. of the Revised	11879
Code.	11880

(C) Notwithstanding division (B) of this section, no	11881
applicant shall be denied the issuance or renewal of a permit or	11882
license on the basis of a conviction of any individual or business	11883
concern required to be listed in the disclosure statement or shown	11884
to have a beneficial interest in the business of the applicant or	11885
the permittee, other than an equity interest or debt liability, by	11886
the investigation thereof for any of the offenses enumerated in	11887
that division as disqualification criteria if that applicant has	11888
affirmatively demonstrated rehabilitation of the individual or	11889
business concern by a preponderance of the evidence. If any such	11890
individual was convicted of any of the offenses so enumerated that	11891
are felonies, a permit shall be denied unless five years have	11892
elapsed since the individual was fully discharged from	11893
imprisonment and parole for the offense, from a community control	11894
sanction imposed under section 2929.15 of the Revised Code, from a	11895
post-release control sanction imposed under section 2967.28 of the	11896
Revised Code for the offense, or imprisonment, probation, and	11897
parole for an offense that was committed prior to the effective	11898
date of this amendmentJuly 1, 1996. In determining whether an	11899
applicant has affirmatively demonstrated rehabilitation, the	11900
director, the hazardous waste facility board, or the board of	11901
health shall request a recommendation on the matter from the	11902
attorney general and shall consider and base the determination on	11903
the following factors:	11904

(1) The nature and responsibilities of the position a	11905
convicted individual would hold;	11906

(2) The nature and seriousness of the offense;

11907

(3) The circumstances under which the offense occurred;

11908

(4) The date of the offense;

11909

(5) The age of the individual when the offense was	11910
committed;	11911

(6) Whether the offense was an isolated or repeated	11912
incident;	11913

(7) Any social conditions that may have contributed to the	11914
offense;	11915

(8) Any evidence of rehabilitation, including good conduct	11916
in prison or in the community, counseling or psychiatric treatment	11917
received, acquisition of additional academic or vocational	11918
schooling, successful participation in correctional work release	11919
programs, or the recommendation of persons who have or have had	11920
the applicant under their supervision;	11921

(9) In the instance of an applicant that is a business	11922
concern, rehabilitation shall be established if the applicant has	11923
implemented formal management controls to minimize and prevent the	11924
occurrence of violations and activities that will or may result in	11925
permit or license denial or revocation or if the applicant has	11926
formalized those controls as a result of a revocation or denial of	11927
a permit or license. Those controls may include, but are not	11928
limited to, instituting environmental auditing programs to help	11929
ensure the adequacy of internal systems to achieve, maintain, and	11930
monitor compliance with applicable environmental laws and	11931
standards or instituting an antitrust compliance auditing program	11932
to help ensure full compliance with applicable antitrust laws. The	11933
business concern shall prove by a preponderance of the evidence	11934
that the management controls are effective in preventing the	11935
violations that are the subject of concern.	11936

(D) Unless the director, the hazardous waste facility board,	11937
or the board of health finds that the applicant has a history of	11938
compliance with environmental laws in this state and other	11939
jurisdictions and is presently in substantial compliance with, or	11940
on a legally enforceable schedule that will result in compliance	11941
with, environmental laws in this state and other jurisdictions.;	11942

(E) With respect to the approval of a permit, if the	11943
director or the hazardous waste facility board determines that	11944
current prosecutions or pending charges in any jurisdiction for	11945
any of the offenses enumerated in division (B) of this section	11946
against any individual or business concern required to be listed	11947
in the disclosure statement or shown by the investigation to have	11948
a beneficial interest in the business of the applicant other than	11949
an equity interest or debt liability are of such magnitude that	11950
they prevent making the finding required under division (A) of	11951
this section, provided that at the request of the applicant or the	11952
individual or business concern charged, the director or the	11953
hazardous waste facility board shall defer decision upon the	11954
application during the pendency of the charge.	11955

Sec. 3735.311.  (A) As used in this section, "felony" has	11956
the same meaning as in section 109.511 of the Revised Code.	11957

(B)(1) A metropolitan housing authority shall not employ a	11958
person as a member of the police force of the metropolitan housing	11959
authority on a permanent basis, on a temporary basis, for a	11960
probationary term, or on other than a permanent basis if the	11961
person previously has been convicted of or has pleaded guilty to a	11962
felony.	11963

(2)(a) A metropolitan housing authority shall terminate the	11964
employment of a member of the police force of the metropolitan	11965
housing authority who does either of the following:	11966

(i) Pleads guilty to a felony;

11967

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	11968
plea agreement as provided in division (D) of section 2929.29	11969
2929.43 of the Revised Code in which the member of the police	11970
force agrees to surrender the certificate awarded to that member	11971
under section 109.77 of the Revised Code.	11972

(b) A metropolitan housing authority shall suspend from	11973
employment a member of the police force of the metropolitan	11974
housing authority who is convicted, after trial, of a felony. If	11975
the member of the police force files an appeal from that	11976
conviction and the conviction is upheld by the highest court to	11977
which the appeal is taken or if the member of the police force	11978
does not file a timely appeal, the metropolitan housing authority	11979
shall terminate the employment of that member of the police force.	11980
If the member of the police force files an appeal that results in	11981
that member's acquittal of the felony or conviction of a	11982
misdemeanor, or in the dismissal of the felony charge against that	11983
member, the metropolitan housing authority shall reinstate that	11984
member of the police force. A member of the police force who is	11985
reinstated under division (B)(2)(b) of this section shall not	11986
receive any back pay unless that member's conviction of the felony	11987
was reversed on appeal, or the felony charge was dismissed,	11988
because the court found insufficient evidence to convict the	11989
member of the police force of the felony.	11990

(3) Division (B) of this section does not apply regarding an	11991
offense that was committed prior to January 1, 1997.	11992

(4) The suspension from employment, or the termination of	11993
the employment, of a member of the police force of a metropolitan	11994
housing authority under division (B)(2) of this section shall be	11995
in accordance with Chapter 119. of the Revised Code.	11996

Sec. 3748.99.  (A) Except as otherwise provided in division	11997
(B) of this section, whoever violates section 3748.15 of the	11998
Revised Code is guilty of a misdemeanor and shall be fined not	11999
more than one thousand dollars.	12000

(B)(1) Except as otherwise provided in division (B)(2) of	12001
this section, whoever recklessly violates section 3748.10 of the	12002
Revised Code or an order issued under division (B) of section	12003
3748.17 of the Revised Code to enforce that section is guilty of a	12004
felony of the fourth degree. Notwithstanding the statutory	12005
conventional fines specified for felonies in section 2929.18 of	12006
the Revised Code, if the court imposes a fine as a sanction, the	12007
fine shall be not less than ten thousand nor more than twenty-five	12008
thousand dollars. Each day of violation is a separate offense.	12009

(2) Upon a second or subsequent conviction of a violation of	12010
section 3748.10 of the Revised Code or an order issued under	12011
division (B) of section 3748.17 of the Revised Code to enforce	12012
that section that was committed recklessly, the offender is guilty	12013
of a felony of the fourth degree. Notwithstanding the statutory	12014
conventional fines specified for felonies in section 2929.18 of	12015
the Revised Code, if the court imposes a fine as a sanction, the	12016
fine shall be not less than twenty thousand nor more than fifty	12017
thousand dollars per day of violation. Each day of violation is a	12018
separate offense.	12019

Sec. 3793.13.  (A) Records or information, other than court	12020
journal entries or court docket entries, pertaining to the	12021
identity, diagnosis, or treatment of any patient whichthat are	12022
maintained in connection with the performance of any drug	12023
treatment program licensed by, or certified by, the director of	12024
alcohol and drug addiction services, under section 3793.11 of the	12025
Revised Code, shall be kept confidential, may be disclosed only	12026
for the purposes and under the circumstances expressly authorized	12027
under this section, and may not otherwise be divulged in any	12028
civil, criminal, administrative, or legislative proceeding.	12029

(B) When the patient, with respect to whom any record or	12030
information referred to in division (A) of this section is	12031
maintained, gives his consent in the form of a written release	12032
signed by the patient, the content of the record or information	12033
may be disclosed if the written release:	12034

(1) Specifically identifies the person, official, or entity	12035
to whom the information is to be provided;	12036

(2) Describes with reasonable specificity the record,	12037
records, or information to be disclosed; and	12038

(3) Describes with reasonable specificity the purposes of	12039
the disclosure and the intended use of the disclosed information.	12040

(C) A patient who is subject to a community control	12041
sanction, parole, probation,or a post-release control sanction or	12042
who is ordered to rehabilitation in lieu of conviction, and who	12043
has agreed to participate in a drug treatment or rehabilitation	12044
program as a condition of the community control sanction,	12045
post-release control sanction, parole, probation, or order to	12046
rehabilitation, shall be considered to have consented to the	12047
release of records and information relating to the progress of	12048
treatment, frequency of treatment, adherence to treatment	12049
requirements, and probable outcome of treatment. Release of	12050
information and records under this division shall be limited to	12051
the court or governmental personnel having the responsibility for	12052
supervising his probationthe patient's community control	12053
sanction, post-release control sanction, parole, or order to	12054
rehabilitation. A patient, described in this division, who	12055
refuses to allow disclosure may be considered in violation of the	12056
conditions of histhe patient's community control sanction,	12057
post-release control sanction, parole, probation, or order to	12058
rehabilitation.	12059

(D) Disclosure of a patient's record may be made without his	12060
the patient's consent to qualified personnel for the purpose of	12061
conducting scientific research, management, financial audits, or	12062
program evaluation, but these personnel may not identify, directly	12063
or indirectly, any individual patient in any report of the	12064
research, audit, or evaluation, or otherwise disclose a patient's	12065
identity in any manner.	12066

(E) Upon the request of a prosecuting attorney or the	12067
director of alcohol and drug addiction services, a court of	12068
competent jurisdiction may order the disclosure of records or	12069
information referred to in division (A) of this section if the	12070
court has reason to believe that a treatment program or facility	12071
is being operated or used in a manner contrary to law. The use of	12072
any information or record so disclosed shall be limited to the	12073
prosecution of persons who are or may be charged with any offense	12074
related to the illegal operation or use of the drug treatment	12075
program or facility, or to the decision to withdraw the authority	12076
of a drug treatment program or facility to continue operation. For	12077
purposes of this division the court shall:	12078

(1) Limit disclosure to those parts of the patient's record	12079
considered essential to fulfill the objective for which the order	12080
was granted;	12081

(2) Require, where appropriate, that all information be	12082
disclosed in chambers;	12083

(3) Include any other appropriate measures to keep	12084
disclosure to a minimum, consistent with the protection of the	12085
patients, the physician-patient relationship, and the	12086
administration of the drug treatment and rehabilitation program.	12087

(F) As used in this section:

12088

(1) "Community control sanction" has the same meaning as in	12089
section 2929.01 of the Revised Code.	12090

(2) "Post-release control sanction" has the same meaning as	12091
in section 2967.01 of the Revised Code.	12092

Sec. 3937.43.  (A) As used in this section:

12093

(1) "Automobile insurance policies" has the same meaning as	12094
in section 3937.30 of the Revised Code.	12095

(2) "Moving violation" means any violation of any statute or	12096
ordinance that regulates the operation of vehicles, streetcars, or	12097
trackless trolleys on highways or streets or that regulates size	12098
or load limitations or fitness requirements of vehicles. "Moving	12099
violation" does not include the violation of any statute or	12100
ordinance that regulates pedestrians or the parking of vehicles.	12101

(3)"Community control sanction" has the same meaning as in	12102
section 2929.01 of the Revised Code.	12103

(B) Every rating plan or schedule of rates for automobile	12104
insurance policies that is filed with the superintendent of	12105
insurance shall provide for an appropriate reduction in premium	12106
charges for any insured or applicant for insurance under the	12107
following conditions:	12108

(1) The applicant or insured is sixty years of age or older;

12109

(2) The applicant or insured successfully completes a motor	12110
vehicle accident prevention course, which includes classroom	12111
instruction and the passing of an examination in accordance with	12112
both of the following:	12113

(a) The state highway patrol shall approve the course and	12114
the examination. However, the state highway patrol shall not	12115
approve any correspondence course or any other course that does	12116
not provide classroom instruction.	12117

(b) The examination shall include an actual demonstration of	12118
the applicant's or insured's ability to exercise ordinary and	12119
reasonable control in the operation of a motor vehicle.	12120

(3) The applicant or insured submits to the insurer a	12121
certificate that is issued by the sponsor of the motor vehicle	12122
accident prevention course and attests to the successful	12123
completion of the course by the applicant or insured;	12124

(4) The insurer may consider the driving record of the	12125
applicant or insured in accordance with divisions (C) and (D) of	12126
this section.	12127

(C) In determining whether to grant a reduction in premium	12128
charges in accordance with this section, the insurer may consider	12129
the driving record of the insured or applicant for a three-year	12130
period prior to the successful completion of a motor vehicle	12131
accident prevention course.	12132

(D)(1) Subject to division (D)(2) of this section, every	12133
reduction in premium charges granted in accordance with this	12134
section shall be effective for an insured for a three-year period	12135
after each successful completion of a motor vehicle accident	12136
prevention course.	12137

(2) As a condition of maintaining a reduction in premium	12138
charges granted in accordance with this section, an insurer may	12139
require that the insured, during the three-year period for which	12140
the reduction has been granted, neither be involved in an accident	12141
for which the insured is primarily at fault, nor be convicted of	12142
more than one moving violation.	12143

(E) A reduction in premium charges granted in accordance	12144
with this section shall not become effective until the first full	12145
term of coverage following the successful completion of a motor	12146
vehicle accident prevention course in accordance with division (B)	12147
of this section.	12148

(F) The superintendent of the state highway patrol shall	12149
adopt rules in accordance with Chapter 119. of the Revised Code	12150
that are necessary to carry out the duties of the state highway	12151
patrol under this section.	12152

(G) This section does not apply to any automobile insurance	12153
policy issued under an assigned risk plan pursuant to section	12154
4509.70 of the Revised Code.	12155

(H) This section does not apply to circumstances in which	12156
the motor vehicle accident prevention course is required by a	12157
court as a condition of probation or suspension of sentencea	12158
community control sanction imposed for a moving violation.	12159

Sec. 3959.13.  Any person who, while licensed as an	12160
administrator, is convicted of a felony, shall report the	12161
conviction to the superintendent of insurance within thirty days	12162
of the entry date of the judgment of conviction. Within that	12163
thirty-day period, the person shall also provide the	12164
superintendent with a copy of the judgment, the probation or	12165
commitment order or the order imposing a community control	12166
sanction, and any other relevant documents.	12167

As used in this section, "community control sanction" has the	12168
same meaning as in section 2929.01 of the Revised Code.	12169

Sec. 4503.13.  (A) A municipal court or, county court, or	12170
mayor's court, at the court's discretion, may order the clerk of	12171
the court to send to the registrar of motor vehicles a report	12172
containing the name, address, and such other information as the	12173
registrar may require by rule, of any person for whom an arrest	12174
warrant has been issued by that court and is outstanding.	12175

Upon receipt of such a report, the registrar shall enter the	12176
information contained in the report into the records of the bureau	12177
of motor vehicles. Neither the registrar nor any deputy registrar	12178
shall issue a certificate of registration for a motor vehicle	12179
owner or lessee, when a lessee is determinable under procedures	12180
established by the registrar under division (E) of this section,	12181
who is named in the report until the registrar receives	12182
notification from the municipal court or, county court, or mayor's	12183
court that there are no outstanding arrest warrants in the name of	12184
the person. The registrar also shall send a notice to the person	12185
who is named in the report, via regular first class mail sent to	12186
the person's last known address as shown in the records of the	12187
bureau, informing the person that neither the registrar nor any	12188
deputy registrar is permitted to issue a certificate of	12189
registration for a motor vehicle in the name of the person until	12190
the registrar receives notification that there are no outstanding	12191
arrest warrants in the name of the person.	12192

(B) A clerk who reports an outstanding arrest warrant in	12193
accordance with division (A) of this section immediately shall	12194
notify the registrar when the warrant has been executed and	12195
returned to the issuing court or has been canceled. The clerk	12196
shall charge and collect from the person named in the executed or	12197
canceled arrest warrant a processing fee of fifteen dollars to	12198
cover the costs of the bureau in administering this section. The	12199
clerk shall transmit monthly all such processing fees to the	12200
registrar for deposit into the state bureau of motor vehicles fund	12201
created by section 4501.25 of the Revised Code.	12202

Upon receipt of such notification, the registrar shall cause	12203
the report of that outstanding arrest warrant to be removed from	12204
the records of the bureau and, if there are no other outstanding	12205
arrest warrants issued by a municipal court or, county court,or	12206
mayor's court in the name of the person and the person otherwise	12207
is eligible to be issued a certificate of registration for a motor	12208
vehicle, the registrar or a deputy registrar may issue a	12209
certificate of registration for a motor vehicle in the name of the	12210
person named in the executed or canceled arrest warrant.	12211

(C) Neither the registrar, any employee of the bureau, a	12212
deputy registrar, nor any employee of a deputy registrar is	12213
personally liable for damages or injuries resulting from any error	12214
made by a clerk in entering information contained in a report	12215
submitted to the registrar under this section.	12216

(D) Any information submitted to the registrar by a clerk	12217
under this section shall be transmitted by means of an electronic	12218
data transfer system.	12219

(E) The registrar shall determine the procedures and	12220
information necessary to implement this section in regard to motor	12221
vehicle lessees. Division (A) of this section shall not apply to	12222
cases involving a motor vehicle lessee until such procedures are	12223
established.	12224

Sec. 4507.091.  (A) A municipal court or, county court, or	12225
mayor's court, at the court's discretion, may order the clerk of	12226
the court to send to the registrar of motor vehicles a report	12227
containing the name, address, and such other information as the	12228
registrar may require by rule, of any person for whom an arrest	12229
warrant has been issued by that court and is outstanding.	12230

Upon receipt of such a report, the registrar shall enter the	12231
information contained in the report into the records of the bureau	12232
of motor vehicles, and neither. Neither the registrar nor any	12233
deputy registrar shall issue a temporary instruction permit or	12234
driver's or commercial driver's license to the person named in the	12235
report, or renew the driver's or commercial driver's license of	12236
such person, until the registrar receives notification from the	12237
municipal court or, county court, or mayor's court that there are	12238
no outstanding arrest warrants in the name of the person. The	12239
registrar also shall send a notice to the person who is named in	12240
the report, via regular first class mail sent to the person's last	12241
known address as shown in the records of the bureau, informing the	12242
person that neither the registrar nor any deputy registrar is	12243
permitted to issue a temporary instruction permit or driver's or	12244
commercial driver's license to the person, or renew the driver's	12245
or commercial driver's license of the person, until the registrar	12246
receives notification that there are no outstanding arrest	12247
warrants in the name of the person.	12248

(B) A clerk who reports an outstanding arrest warrant in	12249
accordance with division (A) of this section immediately shall	12250
notify the registrar when the warrant has been executed and	12251
returned to the issuing court or has been canceled. The clerk	12252
shall charge and collect from the person named in the executed or	12253
canceled arrest warrant a processing fee of fifteen dollars to	12254
cover the costs of the bureau in administering this section. The	12255
clerk shall transmit monthly all such processing fees to the	12256
registrar for deposit into the state bureau of motor vehicles fund	12257
created by section 4501.25 of the Revised Code.	12258

Upon receipt of such notification, the registrar shall cause	12259
the report of that outstanding arrest warrant to be removed from	12260
the records of the bureau and, if there are no other outstanding	12261
arrest warrants issued by a municipal court or, county court, or	12262
mayor's court in the name of the person and the person otherwise	12263
is eligible to be issued a driver's or commercial driver's license	12264
or to have such a license renewed, the registrar or a deputy	12265
registrar may issue a driver's license or commercial driver's	12266
license to the person named in the executed or canceled arrest	12267
warrant, or renew the driver's or commercial driver's license of	12268
such person.	12269

(C) Neither the registrar, any employee of the bureau, a	12270
deputy registrar, nor any employee of a deputy registrar is	12271
personally liable for damages or injuries resulting from any error	12272
made by a clerk in entering information contained in a report	12273
submitted to the registrar under this section.	12274

(D) Any information submitted to the registrar by a clerk	12275
under this section shall be transmitted by means of an electronic	12276
data transfer system.	12277

Sec. 4510.037.  (A) When the registrar of motor vehicles	12278
determines that the total points charged against any person under	12279
section 4510.036 of the Revised Code exceed five, the registrar	12280
shall send a warning letter to the person at the person's last	12281
known address by regular mail. The warning letter shall list the	12282
reported violations that are the basis of the points charged, list	12283
the number of points charged for each violation, and outline the	12284
suspension provisions of this section.	12285

(B) When the registrar determines that the total points	12286
charged against any person under section 4510.036 of the Revised	12287
Code within any two-year period beginning on the date of the first	12288
conviction within the two-year period is equal to twelve or more,	12289
the registrar shall send a written notice to the person at the	12290
person's last known address by regular mail. The notice shall	12291
list the reported violations that are the basis of the points	12292
charged, list the number of points charged for each violation, and	12293
state that, because the total number of points charged against the	12294
person within the applicable two-year period is equal to twelve or	12295
more, the registrar is imposing a class D suspension of the	12296
person's driver's or commercial driver's license or permit or	12297
nonresident operating privileges for the period of time specified	12298
in division (B)(4) of section 4510.02 of the Revised Code. The	12299
notice also shall state that the suspension is effective on the	12300
twentieth day after the mailing of the notice, unless the person	12301
files a petition appealing the determination and suspension in the	12302
municipal court, county court, or, if the person is under the age	12303
of eighteen, the juvenile division of the court of common pleas in	12304
whose jurisdiction the person resides or, if the person is not a	12305
resident of this state, in the Franklin county municipal court or	12306
juvenile division of the Franklin county court of common pleas.	12307
By filing the appeal of the determination and suspension, the	12308
person agrees to pay the cost of the proceedings in the appeal of	12309
the determination and suspension and alleges that the person can	12310
show cause why the person's driver's or commercial driver's	12311
license or permit or nonresident operating privileges should not	12312
be suspended.	12313

(C)(1) Any person against whom at least two but less than	12314
twelve points have been charged under section 4510.036 of the	12315
Revised Code may enroll in a course of remedial driving	12316
instruction that is approved by the director of public safety.	12317
Upon the person's completion of an approved course of remedial	12318
driving instruction, the person may apply to the registrar on a	12319
form prescribed by the registrar for a credit of two points on the	12320
person's driving record. Upon receipt of the application and	12321
proof of completion of the approved remedial driving course, the	12322
registrar shall approve the two-point credit. The registrar shall	12323
not approve any credits for a person who completes an approved	12324
course of remedial driving instruction pursuant to a judge's order	12325
under section 4510.02 of the Revised Code.	12326

(2) In any three-year period, the registrar shall approve	12327
only one two-point credit on a person's driving record under	12328
division (C)(1) of this section. The registrar shall approve not	12329
more than five two-point credits on a person's driving record	12330
under division (C)(1) of this section during that person's	12331
lifetime.	12332

(D) When a judge of a court of record suspends a person's	12333
driver's or commercial driver's license or permit or nonresident	12334
operating privilege and charges points against the person under	12335
section 4510.036 of the Revised Code for the offense that resulted	12336
in the suspension, the registrar shall credit that period of	12337
suspension against the time of any subsequent suspension imposed	12338
under this section for which those points were used to impose the	12339
subsequent suspension. When a United States district court that	12340
has jurisdiction within this state suspends a person's driver's or	12341
commercial driver's license or permit or nonresident operating	12342
privileges pursuant to the "Assimilative Crimes Act," 102 Stat.	12343
4381 (1988), 18 U.S.C.A. 13, as amended, the district court	12344
prepares an abstract pursuant to section 4510.031 of the Revised	12345
Code, and the district court charges points against the person	12346
under section 4510.036 of the Revised Code for the offense that	12347
resulted in the suspension, the registrar shall credit the period	12348
of suspension imposed by the district court against the time of	12349
any subsequent suspension imposed under this section for which the	12350
points were used to impose the subsequent suspension.	12351

(E) The registrar, upon the written request of a licensee	12352
who files a petition under division (B) of this section, shall	12353
furnish the licensee a certified copy of the registrar's record of	12354
the convictions and bond forfeitures of the person. This record	12355
shall include the name, address, and date of birth of the	12356
licensee; the name of the court in which each conviction or bail	12357
forfeiture took place; the nature of the offense that was the	12358
basis of the conviction or bond forfeiture; and any other	12359
information that the registrar considers necessary. If the record	12360
indicates that twelve points or more have been charged against the	12361
person within a two-year period, it is prima-facie evidence that	12362
the person is a repeat traffic offender, and the registrar shall	12363
suspend the person's driver's or commercial driver's license or	12364
permit or nonresident operating privilege pursuant to division (B)	12365
of this section.	12366

In hearing the petition and determining whether the person	12367
filing the petition has shown cause why the person's driver's or	12368
commercial driver's license or permit or nonresident operating	12369
privilege should not be suspended, the court shall decide the	12370
issue on the record certified by the registrar and any additional	12371
relevant, competent, and material evidence that either the	12372
registrar or the person whose license is sought to be suspended	12373
submits.	12374

(F) If a petition is filed under division (B) of this	12375
section in a county court, the prosecuting attorney of the county	12376
in which the case is pending shall represent the registrar in the	12377
proceedings, except that, if the petitioner resides in a municipal	12378
corporation within the jurisdiction of the county court, the city	12379
director of law, village solicitor, or other chief legal officer	12380
of the municipal corporation shall represent the registrar in the	12381
proceedings. If a petition is filed under division (B) of this	12382
section in a municipal court, the registrar shall be represented	12383
in the resulting proceedings as provided in section 1901.34 of the	12384
Revised Code.	12385

(G) If the court determines from the evidence submitted that	12386
a person who filed a petition under division (B) of this section	12387
has failed to show cause why the person's driver's or commercial	12388
driver's license or permit or nonresident operating privileges	12389
should not be suspended, the court shall assess against the person	12390
the cost of the proceedings in the appeal of the determination	12391
and suspension and shall impose the applicable suspension under	12392
this section or suspend all or a portion of the suspension and	12393
impose any conditions or probation upon the person that the court	12394
considers proper or impose upon the person a community control	12395
sanction pursuant to section 2929.15 or 2929.25 of the Revised	12396
Code. If the court determines from the evidence submitted that a	12397
person who filed a petition under division (B) of this section has	12398
shown cause why the person's driver's or commercial driver's	12399
license or permit or nonresident operating privileges should not	12400
be suspended, the costs of the appeal proceeding shall be paid out	12401
of the county treasury of the county in which the proceedings were	12402
held.	12403

(H) Any person whose driver's or commercial driver's license	12404
or permit or nonresident operating privileges are suspended under	12405
this section is not entitled to apply for or receive a new	12406
driver's or commercial driver's license or permit or to request or	12407
be granted nonresident operating privileges during the effective	12408
period of the suspension.	12409

(I) Upon the termination of any suspension or other penalty	12410
imposed under this section involving the surrender of license or	12411
permit and upon the request of the person whose license or permit	12412
was suspended or surrendered, the registrar shall return the	12413
license or permit to the person upon determining that the person	12414
has complied with all provisions of section 4510.038 of the	12415
Revised Code or, if the registrar destroyed the license or permit	12416
pursuant to section 4510.52 of the Revised Code, shall reissue the	12417
person's license or permit.	12418

(J) Any person whose driver's or commercial driver's license	12419
or permit or nonresident operating privileges are suspended as a	12420
repeat traffic offender under this section and who, during the	12421
suspension, operates any motor vehicle upon any public roads and	12422
highways is guilty of a misdemeanor of the first degree, and the	12423
court shall sentence the offender to a minimum term of three days	12424
in jail. No court shall suspend the first three days of jail time	12425
imposed pursuant to this division.	12426

(K) The registrar, in accordance with specific statutory	12427
authority, may suspend the privilege of driving a motor vehicle on	12428
the public roads and highways of this state that is granted to	12429
nonresidents by section 4507.04 of the Revised Code.	12430

Sec. 4510.14.  (A) No person whose driver's or commercial	12431
driver's license or permit or nonresident operating privilege has	12432
been suspended under section 4511.19, 4511.191, or 4511.196 of the	12433
Revised Code or under section 4510.07 of the Revised Code for a	12434
conviction of a violation of a municipal OVI ordinance shall	12435
operate any motor vehicle upon the public roads or highways within	12436
this state during the period of the suspension.	12437

(B) Whoever violates this section is guilty of driving under	12438
OVI suspension. The court shall sentence the offender under	12439
Chapter 2929. of the Revised Code, subject to the differences	12440
authorized or required by this section.	12441

(1) Except as otherwise provided in division (B)(2) or (3)	12442
of this section, driving under OVI suspension is a misdemeanor of	12443
the first degree. The court shall sentence the offender to all of	12444
the following:	12445

(a) A mandatory jail term of three consecutive days. The	12446
three-day term shall be imposed, unless, subject to division (C)	12447
of this section, the court instead imposes a sentence of not less	12448
than thirty consecutive days of electronically monitored house	12449
arrest with electronic monitoring. A period of electronically	12450
monitored house arrest with electronic monitoring imposed under	12451
this division shall not exceed six months. If the court imposes a	12452
mandatory three-day jail term under this division, the court may	12453
impose a jail term in addition to that term, provided that in no	12454
case shall the cumulative jail term imposed for the offense exceed	12455
six months.	12456

(b) A fine of not less than two hundred fifty and not more	12457
than one thousand dollars;	12458

(c) A license suspension under division (E) of this section;

12459

(d) If the vehicle the offender was operating at the time of	12460
the offense is registered in the offender's name, immobilization	12461
for thirty days of the offender's vehicle and impoundment for	12462
thirty days of the identification license plates of that vehicle.	12463
The order for immobilization and impoundment shall be issued and	12464
enforced in accordance with section 4503.233 of the Revised Code.	12465

(2) If, within six years of the offense, the offender	12466
previously has been convicted of or pleaded guilty to one	12467
violation of this section or one equivalent offense, driving under	12468
OVI suspension is a misdemeanor of the first degree. The court	12469
shall sentence the offender to all of the following:	12470

(a) A mandatory jail term of ten consecutive days.	12471
Notwithstanding the jail terms of imprisonment provided in Chapter	12472
2929.sections 2929.21 to 2929.28 of the Revised Code, the court	12473
may sentence the offender to a longer jail term of not more than	12474
one year. The ten-day mandatory jail term shall be imposed	12475
unless, subject to division (C) of this section, the court instead	12476
imposes a sentence of not less than ninety consecutive days of	12477
electronically monitored house arrest with electronic monitoring.	12478
The period of electronically monitored house arrest with	12479
electronic monitoring shall not exceed one year.	12480

(b) Notwithstanding the fines provided for in Chapter 2929.	12481
of the Revised Code, a fine of not less than five hundred and not	12482
more than two thousand five hundred dollars;	12483

(c) A license suspension under division (E) of this section;

12484

(d) If the vehicle the offender was operating at the time of	12485
the offense is registered in the offender's name, immobilization	12486
of the offender's vehicle for sixty days and the impoundment for	12487
sixty days of the identification license plates of that vehicle.	12488
The order for immobilization and impoundment shall be issued and	12489
enforced in accordance with section 4503.233 of the Revised Code.	12490

(3) If, within six years of the offense, the offender	12491
previously has been convicted of or pleaded guilty to two or more	12492
violations of this section or two or more equivalent offenses,	12493
driving under OVI suspension is a misdemeanor. The court shall	12494
sentence the offender to all of the following:	12495

(a) A mandatory jail term of thirty consecutive days.	12496
Notwithstanding the jail terms of imprisonment provided in Chapter	12497
2929.sections 2929.21 to 2929.28 of the Revised Code, the court	12498
may sentence the offender to a longer jail term of not more than	12499
one year. The court shall not sentence the offender to a term of	12500
electronically monitored house arrest with electronic monitoring	12501
in lieu of the mandatory portion of the jail term.	12502

(b) Notwithstanding the fines set forth in Chapter 2929. of	12503
the Revised Code, a fine of not less than five hundred and not	12504
more than two thousand five hundred dollars;	12505

(c) A license suspension under division (E) of this section;

12506

(d) If the vehicle the offender was operating at the time of	12507
the offense is registered in the offender's name, criminal	12508
forfeiture to the state of the offender's vehicle. The order of	12509
criminal forfeiture shall be issued and enforced in accordance	12510
with section 4503.234 of the Revised Code. If title to a motor	12511
vehicle that is subject to an order for criminal forfeiture under	12512
this division is assigned or transferred and division (B)(2) or	12513
(3) of section 4503.234 of the Revised Code applies, the court may	12514
fine the offender the value of the vehicle as determined by	12515
publications of the national auto dealer's association. The	12516
proceeds from any fine so imposed shall be distributed in	12517
accordance with division (C)(2) of section 4503.234 of the Revised	12518
Code.	12519

(C) No court shall impose an alternative sentence of	12520
electronically monitored house arrest with electronic monitoring	12521
under division (B)(1) or (2) of this section unless, within sixty	12522
days of the date of sentencing, the court issues a written finding	12523
on the record that, due to the unavailability of space at the jail	12524
where the offender is required to serve the jail term imposed, the	12525
offender will not be able to begin serving that term within the	12526
sixty-day period following the date of sentencing.	12527

An offender sentenced under this section to a period of	12528
electronically monitored house arrest with electronic monitoring	12529
shall be permitted work release during that period.	12530

(D) Fifty per cent of any fine imposed by a court under	12531
division (B)(1), (2), or (3) of this section shall be deposited	12532
into the county indigent drivers alcohol treatment fund or	12533
municipal indigent drivers alcohol treatment fund under the	12534
control of that court, as created by the county or municipal	12535
corporation pursuant to division (H) of section 4511.191 of the	12536
Revised Code.	12537

(E) In addition to or independent of all other penalties	12538
provided by law or ordinance, the trial judge of any court of	12539
record or the mayor of a mayor's court shall impose on an offender	12540
who is convicted of or pleads guilty to a violation of this	12541
section a class seven suspension of the offender's driver's or	12542
commercial driver's license or permit or nonresident operating	12543
privilege from the range specified in division (A)(7) of section	12544
4510.02 of the Revised Code.	12545

When permitted as specified in section 4510.021 of the	12546
Revised Code, if the court grants limited driving privileges	12547
during a suspension imposed under this section, the privileges	12548
shall be granted on the additional condition that the offender	12549
must display restricted license plates, issued under section	12550
4503.231 of the Revised Code, on the vehicle driven subject to the	12551
privileges, except as provided in division (B) of that section.	12552

A suspension of a commercial driver's license under this	12553
section shall be concurrent with any period of suspension or	12554
disqualification under section 3123.58 or 4506.16 of the Revised	12555
Code. No person who is disqualified for life from holding a	12556
commercial driver's license under section 4506.16 of the Revised	12557
Code shall be issued a driver's license under Chapter 4507. of the	12558
Revised Code during the period for which the commercial driver's	12559
license was suspended under this section, and no person whose	12560
commercial driver's license is suspended under this section shall	12561
be issued a driver's license under Chapter 4507. of the Revised	12562
Code during the period of the suspension.	12563

(F) As used in this section:

12564

(1) "Electronically monitored house arrestElectronic	12565
monitoring" has the same meaning as in section 2929.232929.01 of	12566
the Revised Code.	12567

(2) "Equivalent offense" means any of the following:

12568

(a) A violation of a municipal ordinance, law of another	12569
state, or law of the United States that is substantially	12570
equivalent to division (A) of this section;	12571

(b) A violation of a former law of this state that was	12572
substantially equivalent to division (A) of this section.	12573

(3) "Jail" has the same meaning as in section 2929.01 of the	12574
Revised Code.	12575

(4) "Mandatory jail term" means the mandatory term in jail	12576
of three, ten, or thirty consecutive days that must be imposed	12577
under division (B)(1), (2), or (3) of this section upon an	12578
offender convicted of a violation of division (A) of this section	12579
and in relation to which all of the following apply:	12580

(a) Except as specifically authorized under this section,	12581
the term must be served in a jail.	12582

(b) Except as specifically authorized under this section,	12583
the term cannot be suspended, reduced, or otherwise modified	12584
pursuant to section 2929.51, 2951.02, or any other provision of	12585
the Revised Code.	12586

Sec. 4511.181.  As used in sections 4511.181 to 4511.197 of	12587
the Revised Code:	12588

(A) "Equivalent offense" means any of the following:

12589

(1) A violation of division (A) or (B) of section 4511.19 of	12590
the Revised Code;	12591

(2) A violation of a municipal OVI ordinance;

12592

(3) A violation of section 2903.04 of the Revised Code in a	12593
case in which the offender was subject to the sanctions described	12594
in division (D) of that section;	12595

(4) A violation of division (A)(1) of section 2903.06 or	12596
2903.08 of the Revised Code or a municipal ordinance that is	12597
substantially equivalent to either of those divisions;	12598

(5) A violation of division (A)(2), (3), or (4) of section	12599
2903.06, division (A)(2) of section 2903.08, or former section	12600
2903.07 of the Revised Code, or a municipal ordinance that is	12601
substantially equivalent to any of those divisions or that former	12602
section, in a case in which a judge or jury as the trier of fact	12603
found that the offender was under the influence of alcohol, a drug	12604
of abuse, or a combination of them;	12605

(6) A violation of an existing or former municipal	12606
ordinance, law of another state, or law of the United States that	12607
is substantially equivalent to division (A) or (B) of section	12608
4511.19 of the Revised Code;	12609

(7) A violation of a former law of this state that was	12610
substantially equivalent to division (A) or (B) of section 4511.19	12611
of the Revised Code.	12612

(B) "Mandatory jail term" means the mandatory term in jail of	12613
three, six, ten, twenty, thirty, or sixty days that must be	12614
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	12615
of the Revised Code upon an offender convicted of a violation of	12616
division (A) of that section and in relation to which all of the	12617
following apply:	12618

(1) Except as specifically authorized under section 4511.19	12619
of the Revised Code, the term must be served in a jail.	12620

(2) Except as specifically authorized under section 4511.19	12621
of the Revised Code, the term cannot be suspended, reduced, or	12622
otherwise modified pursuant to section 2929.51, 2951.02,sections	12623
2929.21 to 2929.28 or any other provision of the Revised Code.	12624

(C) "Municipal OVI ordinance" and "municipal OVI offense"	12625
mean any municipal ordinance prohibiting a person from operating a	12626
vehicle while under the influence of alcohol, a drug of abuse, or	12627
a combination of them or prohibiting a person from operating a	12628
vehicle with a prohibited concentration of alcohol in the whole	12629
blood, blood serum or plasma, breath, or urine.	12630

(D) "Community residential sanction," "jail," "mandatory	12631
prison term," "mandatory term of local incarceration," "sanction,"	12632
and "prison term" have the same meanings as in section 2929.01 of	12633
the Revised Code.	12634

Sec. 4511.19.  (A) No person shall operate any vehicle,	12635
streetcar, or trackless trolley within this state, if, at the time	12636
of the operation, any of the following apply:	12637

(1) The person is under the influence of alcohol, a drug of	12638
abuse, or a combination of them;	12639

(2) The person has a concentration of ten-hundredths of one	12640
per cent or more but less than seventeen-hundredths of one per	12641
cent by weight per unit volume of alcohol in the person's whole	12642
blood;	12643

(3) The person has a concentration of twelve-hundredths of	12644
one per cent or more but less than two hundred four-thousandths of	12645
one per cent by weight per unit volume of alcohol in the person's	12646
blood serum or plasma;	12647

(4) The person has a concentration of ten-hundredths of one	12648
gram or more but less than seventeen-hundredths of one gram by	12649
weight of alcohol per two hundred ten liters of the person's	12650
breath;	12651

(5) The person has a concentration of fourteen-hundredths of	12652
one gram or more but less than two hundred	12653
thirty-eight-thousandths of one gram by weight of alcohol per one	12654
hundred milliliters of the person's urine;	12655

(6) The person has a concentration of seventeen-hundredths	12656
of one per cent or more by weight per unit volume of alcohol in	12657
the person's whole blood;	12658

(7) The person has a concentration of two hundred	12659
four-thousandths of one per cent or more by weight per unit volume	12660
of alcohol in the person's blood serum or plasma;	12661

(8) The person has a concentration of seventeen-hundredths	12662
of one gram or more by weight of alcohol per two hundred ten	12663
liters of the person's breath;	12664

(9) The person has a concentration of two hundred	12665
thirty-eight-thousandths of one gram or more by weight of alcohol	12666
per one hundred milliliters of the person's urine.	12667

(B) No person under twenty-one years of age shall operate	12668
any vehicle, streetcar, or trackless trolley within this state,	12669
if, at the time of the operation, any of the following apply:	12670

(1) The person has a concentration of at least	12671
two-hundredths of one per cent but less than ten-hundredths of one	12672
per cent by weight per unit volume of alcohol in the person's	12673
whole blood;	12674

(2) The person has a concentration of at least	12675
three-hundredths of one per cent but less than twelve-hundredths	12676
of one per cent by weight per unit volume of alcohol in the	12677
person's blood serum or plasma;	12678

(3) The person has a concentration of at least	12679
two-hundredths of one gram but less than ten-hundredths of one	12680
gram by weight of alcohol per two hundred ten liters of the	12681
person's breath;	12682

(4) The person has a concentration of at least twenty-eight	12683
one-thousandths of one gram but less than fourteen-hundredths of	12684
one gram by weight of alcohol per one hundred milliliters of the	12685
person's urine.	12686

(C) In any proceeding arising out of one incident, a person	12687
may be charged with a violation of division (A)(1) and a violation	12688
of division (B)(1), (2), or (3) of this section, but the person	12689
may not be convicted of more than one violation of these	12690
divisions.	12691

(D)(1) In any criminal prosecution or juvenile court	12692
proceeding for a violation of this section or for an equivalent	12693
offense, the court may admit evidence on the concentration of	12694
alcohol, drugs of abuse, or a combination of them in the	12695
defendant's whole blood, blood serum or plasma, breath, urine, or	12696
other bodily substance at the time of the alleged violation as	12697
shown by chemical analysis of the substance withdrawn within two	12698
hours of the time of the alleged violation.	12699

When a person submits to a blood test at the request of a	12700
law enforcement officer under section 4511.191 of the Revised	12701
Code, only a physician, a registered nurse, or a qualified	12702
technician, chemist, or phlebotomist shall withdraw blood for the	12703
purpose of determining the alcohol, drug, or alcohol and drug	12704
content of the whole blood, blood serum, or blood plasma. This	12705
limitation does not apply to the taking of breath or urine	12706
specimens. A person authorized to withdraw blood under this	12707
division may refuse to withdraw blood under this division, if in	12708
that person's opinion, the physical welfare of the person would be	12709
endangered by the withdrawing of blood.	12710

The bodily substance withdrawn shall be analyzed in	12711
accordance with methods approved by the director of health by an	12712
individual possessing a valid permit issued by the director	12713
pursuant to section 3701.143 of the Revised Code.	12714

(2) In a criminal prosecution or juvenile court proceeding	12715
for a violation of division (A) of this section or for an	12716
equivalent offense, if there was at the time the bodily substance	12717
was withdrawn a concentration of less than the applicable	12718
concentration of alcohol specified in divisions (A)(2), (3), (4),	12719
and (5) of this section, that fact may be considered with other	12720
competent evidence in determining the guilt or innocence of the	12721
defendant. This division does not limit or affect a criminal	12722
prosecution or juvenile court proceeding for a violation of	12723
division (B) of this section or for an equivalent offense that is	12724
substantially equivalent to that division.	12725

(3) Upon the request of the person who was tested, the	12726
results of the chemical test shall be made available to the person	12727
or the person's attorney, immediately upon the completion of the	12728
chemical test analysis.	12729

The person tested may have a physician, a registered nurse,	12730
or a qualified technician, chemist, or phlebotomist of the	12731
person's own choosing administer a chemical test or tests, at the	12732
person's expense, in addition to any administered at the request	12733
of a law enforcement officer. The form to be read to the person	12734
to be tested, as required under section 4511.192 of the Revised	12735
Code, shall state that the person may have an independent test	12736
performed at the person's expense. The failure or inability to	12737
obtain an additional chemical test by a person shall not preclude	12738
the admission of evidence relating to the chemical test or tests	12739
taken at the request of a law enforcement officer.	12740

(E)(1) Subject to division (E)(3) of this section, in any	12741
criminal prosecution or juvenile court proceeding for a violation	12742
of division (A)(2), (3), (4), (5), (6), (7), (8), or (9) or	12743
(B)(1), (2), (3), or (4) of this section or for an equivalent	12744
offense that is substantially equivalent to any of those	12745
divisions, a laboratory report from any forensic laboratory	12746
certified by the department of health that contains an analysis of	12747
the whole blood, blood serum or plasma, breath, urine, or other	12748
bodily substance tested and that contains all of the information	12749
specified in this division shall be admitted as prima-facie	12750
evidence of the information and statements that the report	12751
contains. The laboratory report shall contain all of the	12752
following:	12753

(a) The signature, under oath, of any person who performed	12754
the analysis;	12755

(b) Any findings as to the identity and quantity of alcohol,	12756
a drug of abuse, or a combination of them that was found;	12757

(c) A copy of a notarized statement by the laboratory	12758
director or a designee of the director that contains the name of	12759
each certified analyst or test performer involved with the report,	12760
the analyst's or test performer's employment relationship with the	12761
laboratory that issued the report, and a notation that performing	12762
an analysis of the type involved is part of the analyst's or test	12763
performer's regular duties;	12764

(d) An outline of the analyst's or test performer's	12765
education, training, and experience in performing the type of	12766
analysis involved and a certification that the laboratory	12767
satisfies appropriate quality control standards in general and, in	12768
this particular analysis, under rules of the department of health.	12769

(2) Notwithstanding any other provision of law regarding the	12770
admission of evidence, a report of the type described in division	12771
(E)(1) of this section is not admissible against the defendant to	12772
whom it pertains in any proceeding, other than a preliminary	12773
hearing or a grand jury proceeding, unless the prosecutor has	12774
served a copy of the report on the defendant's attorney or, if the	12775
defendant has no attorney, on the defendant.	12776

(3) A report of the type described in division (E)(1) of	12777
this section shall not be prima-facie evidence of the contents,	12778
identity, or amount of any substance if, within seven days after	12779
the defendant to whom the report pertains or the defendant's	12780
attorney receives a copy of the report, the defendant or the	12781
defendant's attorney demands the testimony of the person who	12782
signed the report. The judge in the case may extend the seven-day	12783
time limit in the interest of justice.	12784

(F) Except as otherwise provided in this division, any	12785
physician, registered nurse, or qualified technician, chemist, or	12786
phlebotomist who withdraws blood from a person pursuant to this	12787
section, and any hospital, first-aid station, or clinic at which	12788
blood is withdrawn from a person pursuant to this section, is	12789
immune from criminal liability and civil liability based upon a	12790
claim of assault and battery or any other claim that is not a	12791
claim of malpractice, for any act performed in withdrawing blood	12792
from the person. The immunity provided in this division is not	12793
available to a person who withdraws blood if the person engages in	12794
willful or wanton misconduct.	12795

(G)(1) Whoever violates any provision of divisions (A)(1) to	12796
(9) of this section is guilty of operating a vehicle under the	12797
influence of alcohol, a drug of abuse, or a combination of them.	12798
The court shall sentence the offender under Chapter 2929. of the	12799
Revised Code, except as otherwise authorized or required by	12800
divisions (G)(1)(a) to (e) of this section:	12801

(a) Except as otherwise provided in division (G)(1)(b), (c),	12802
(d), or (e) of this section, the offender is guilty of a	12803
misdemeanor of the first degree, and the court shall sentence the	12804
offender to all of the following:	12805

(i) If the sentence is being imposed for a violation of	12806
division (A)(1), (2), (3), (4), or (5) of this section, a	12807
mandatory jail term of three consecutive days. As used in this	12808
division, three consecutive days means seventy-two consecutive	12809
hours. The court may sentence an offender to both an intervention	12810
program and a jail term. The court may impose a jail term in	12811
addition to the three-day mandatory jail term or intervention	12812
program. However, in no case shall the cumulative jail term	12813
imposed for the offense exceed six months.	12814

The court may suspend the execution of the three-day jail	12815
term under this division if the court, in lieu of that suspended	12816
term, places the offender on probationunder a community control	12817
sanction pursuant to section 2929.25 of the Revised Code and	12818
requires the offender to attend, for three consecutive days, a	12819
drivers' intervention program certified under section 3793.10 of	12820
the Revised Code. The court also may suspend the execution of any	12821
part of the three-day jail term under this division if it places	12822
the offender on probationunder a community control sanction	12823
pursuant to section 2929.25 of the Revised Code for part of the	12824
three days, requires the offender to attend for the suspended part	12825
of the term a drivers' intervention program so certified, and	12826
sentences the offender to a jail term equal to the remainder of	12827
the three consecutive days that the offender does not spend	12828
attending the program. The court may require the offender, as a	12829
condition of probationcommunity control and in addition to the	12830
required attendance at a drivers' intervention program, to attend	12831
and satisfactorily complete any treatment or education programs	12832
that comply with the minimum standards adopted pursuant to Chapter	12833
3793. of the Revised Code by the director of alcohol and drug	12834
addiction services that the operators of the drivers' intervention	12835
program determine that the offender should attend and to report	12836
periodically to the court on the offender's progress in the	12837
programs. The court also may impose on the offender any other	12838
conditions of probationcommunity control that it considers	12839
necessary.	12840

(ii) If the sentence is being imposed for a violation of	12841
division (A)(6), (7), (8), or (9) of this section, except as	12842
otherwise provided in this division, a mandatory jail term of at	12843
least three consecutive days and a requirement that the offender	12844
attend, for three consecutive days, a drivers' intervention	12845
program that is certified pursuant to section 3793.10 of the	12846
Revised Code. As used in this division, three consecutive days	12847
means seventy-two consecutive hours. If the court determines that	12848
the offender is not conducive to treatment in a drivers'	12849
intervention program, if the offender refuses to attend a drivers'	12850
intervention program, or if the jail at which the offender is to	12851
serve the jail term imposed can provide a driver's intervention	12852
program, the court shall sentence the offender to a mandatory jail	12853
term of at least six consecutive days.	12854

The court may require the offender, as a condition of	12855
probationunder a community control sanction imposed under section	12856
2929.25 of the Revised Code, to attend and satisfactorily complete	12857
any treatment or education programs that comply with the minimum	12858
standards adopted pursuant to Chapter 3793. of the Revised Code by	12859
the director of alcohol and drug addiction services, in addition	12860
to the required attendance at drivers' intervention program, that	12861
the operators of the drivers' intervention program determine that	12862
the offender should attend and to report periodically to the court	12863
on the offender's progress in the programs. The court also may	12864
impose any other conditions of probationcommunity control on the	12865
offender that it considers necessary.	12866

(iii) In all cases, a fine of not less than two hundred fifty	12867
and not more than one thousand dollars;	12868

(iv) In all cases, a class five license suspension of the	12869
offender's driver's or commercial driver's license or permit or	12870
nonresident operating privilege from the range specified in	12871
division (A)(5) of section 4510.02 of the Revised Code. The court	12872
may grant limited driving privileges relative to the suspension	12873
under sections 4510.021 and 4510.13 of the Revised Code.	12874

(b) Except as otherwise provided in division (G)(1)(e) of	12875
this section, an offender who, within six years of the offense,	12876
previously has been convicted of or pleaded guilty to one	12877
violation of division (A) or (B) of this section or one other	12878
equivalent offense is guilty of a misdemeanor of the first degree.	12879
The court shall sentence the offender to all of the following:	12880

(i) If the sentence is being imposed for a violation of	12881
division (A)(1), (2), (3), (4), or (5) of this section, a	12882
mandatory jail term of ten consecutive days. The court shall	12883
impose the ten-day mandatory jail term under this division unless,	12884
subject to division (G)(3) of this section, it instead imposes a	12885
sentence under that division consisting of both a jail term and a	12886
term of electronically monitored house arrest with electronic	12887
monitoring. The court may impose a jail term in addition to the	12888
ten-day mandatory jail term. The cumulative jail term imposed for	12889
the offense shall not exceed six months.	12890

In addition to the jail term or the term of electronically	12891
monitored house arrest with electronic monitoring and jail term,	12892
the court may require the offender to attend a drivers'	12893
intervention program that is certified pursuant to section 3793.10	12894
of the Revised Code. If the operator of the program determines	12895
that the offender is alcohol dependent, the program shall notify	12896
the court, and, subject to division (I) of this section, the court	12897
shall order the offender to obtain treatment through an alcohol	12898
and drug addiction program authorized by section 3793.02 of the	12899
Revised Code.	12900

(ii) If the sentence is being imposed for a violation of	12901
division (A)(6), (7), (8), or (9) of this section, except as	12902
otherwise provided in this division, a mandatory jail term of	12903
twenty consecutive days. The court shall impose the twenty-day	12904
mandatory jail term under this division unless, subject to	12905
division (G)(3) of this section, it instead imposes a sentence	12906
under that division consisting of both a jail term and a term of	12907
electronically monitored house arrest with electronic monitoring.	12908
The court may impose a jail term in addition to the twenty-day	12909
mandatory jail term. The cumulative jail term imposed for the	12910
offense shall not exceed six months.	12911

In addition to the jail term or the term of electronically	12912
monitored house arrest with electronic monitoring and jail term,	12913
the court may require the offender to attend a driver's	12914
intervention program that is certified pursuant to section 3793.10	12915
of the Revised Code. If the operator of the program determines	12916
that the offender is alcohol dependent, the program shall notify	12917
the court, and, subject to division (I) of this section, the court	12918
shall order the offender to obtain treatment through an alcohol	12919
and drug addiction program authorized by section 3793.02 of the	12920
Revised Code.	12921

(iii) In all cases, notwithstanding the fines set forth in	12922
Chapter 2929. of the Revised Code, a fine of not less than three	12923
hundred fifty and not more than one thousand five hundred dollars;	12924

(iv) In all cases, a class four license suspension of the	12925
offender's driver's license, commercial driver's license,	12926
temporary instruction permit, probationary license, or nonresident	12927
operating privilege from the range specified in division (A)(4) of	12928
section 4510.02 of the Revised Code. The court may grant limited	12929
driving privileges relative to the suspension under sections	12930
4510.021 and 4510.13 of the Revised Code.	12931

(v) In all cases, if the vehicle is registered in the	12932
offender's name, immobilization of the vehicle involved in the	12933
offense for ninety days in accordance with section 4503.233 of the	12934
Revised Code and impoundment of the license plates of that vehicle	12935
for ninety days.	12936

(c) Except as otherwise provided in division (G)(1)(e) of	12937
this section, an offender who, within six years of the offense,	12938
previously has been convicted of or pleaded guilty to two	12939
violations of division (A) or (B) of this section or other	12940
equivalent offenses is guilty of a misdemeanor. The court shall	12941
sentence the offender to all of the following:	12942

(i) If the sentence is being imposed for a violation of	12943
division (A)(1), (2), (3), (4), or (5) of this section, a	12944
mandatory jail term of thirty consecutive days. The court shall	12945
impose the thirty-day mandatory jail term under this division	12946
unless, subject to division (G)(3) of this section, it instead	12947
imposes a sentence under that division consisting of both a jail	12948
term and a term of electronically monitored house arrest with	12949
electronic monitoring. The court may impose a jail term in	12950
addition to the thirty-day mandatory jail term. Notwithstanding	12951
the jail terms of imprisonment set forth in Chapter 2929.sections	12952
2929.21 to 2929.28 of the Revised Code, the additional jail term	12953
shall not exceed one year, and the cumulative jail term imposed	12954
for the offense shall not exceed one year.	12955

(ii) If the sentence is being imposed for a violation of	12956
division (A)(6), (7), (8), or (9) of this section, a mandatory	12957
jail term of sixty consecutive days. The court shall impose the	12958
sixty-day mandatory jail term under this division unless, subject	12959
to division (G)(3) of this section, it instead imposes a sentence	12960
under that division consisting of both a jail term and a term of	12961
electronically monitored house arrest with electronic monitoring.	12962
The court may impose a jail term in addition to the sixty-day	12963
mandatory jail term. Notwithstanding the jail terms of	12964
imprisonment set forth in Chapter 2929.sections 2929.21 to	12965
2929.28 of the Revised Code, the additional jail term shall not	12966
exceed one year, and the cumulative jail term imposed for the	12967
offense shall not exceed one year.	12968

(iii) In all cases, notwithstanding the fines set forth in	12969
Chapter 2929. of the Revised Code, a fine of not less than five	12970
hundred fifty and not more than two thousand five hundred dollars;	12971

(iv) In all cases, a class three license suspension of the	12972
offender's driver's license, commercial driver's license,	12973
temporary instruction permit, probationary license, or nonresident	12974
operating privilege from the range specified in division (A)(3) of	12975
section 4510.02 of the Revised Code. The court may grant limited	12976
driving privileges relative to the suspension under sections	12977
4510.021 and 4510.13 of the Revised Code.	12978

(v) In all cases, if the vehicle is registered in the	12979
offender's name, criminal forfeiture of the vehicle involved in	12980
the offense in accordance with section 4503.234 of the Revised	12981
Code. Division (G)(6) of this section applies regarding any	12982
vehicle that is subject to an order of criminal forfeiture under	12983
this division.	12984

(vi) In all cases, participation in an alcohol and drug	12985
addiction program authorized by section 3793.02 of the Revised	12986
Code, subject to division (I) of this section.	12987

(d) Except as otherwise provided in division (G)(1)(e) of	12988
this section, an offender who, within six years of the offense,	12989
previously has been convicted of or pleaded guilty to three or	12990
more violations of division (A) or (B) of this section or other	12991
equivalent offenses is guilty of a felony of the fourth degree.	12992
The court shall sentence the offender to all of the following:	12993

(i) If the sentence is being imposed for a violation of	12994
division (A)(1), (2), (3), (4), or (5) of this section, in the	12995
discretion of the court, either a mandatory term of local	12996
incarceration of sixty consecutive days in accordance with	12997
division (G)(1) of section 2929.13 of the Revised Code or a	12998
mandatory prison term of sixty consecutive days of imprisonment in	12999
accordance with division (G)(2) of that section. If the court	13000
imposes a mandatory term of local incarceration, it may impose a	13001
jail term in addition to the sixty-day mandatory term, the	13002
cumulative total of the mandatory term and the jail term for the	13003
offense shall not exceed one year, and no prison term is	13004
authorized for the offense. If the court imposes a mandatory	13005
prison term, notwithstanding division (A)(4) of section 2929.14 of	13006
the Revised Code, it also may sentence the offender to a definite	13007
prison term that shall be not less than six months and not more	13008
than thirty months, the prison terms shall be imposed as described	13009
in division (G)(2) of section 2929.13 of the Revised Code, and no	13010
term of local incarceration, community residential sanction, or	13011
nonresidential sanction is authorized for the offense.	13012

(ii) If the sentence is being imposed for a violation of	13013
division (A)(6), (7), (8), or (9) of this section, in the	13014
discretion of the court, either a mandatory term of local	13015
incarceration of one hundred twenty consecutive days in accordance	13016
with division (G)(1) of section 2929.13 of the Revised Code or a	13017
mandatory prison term of one hundred twenty consecutive days in	13018
accordance with division (G)(2) of that section. If the court	13019
imposes a mandatory term of local incarceration, it may impose a	13020
jail term in addition to the one hundred twenty-day mandatory	13021
term, the cumulative total of the mandatory term and the jail term	13022
for the offense shall not exceed one year, and no prison term is	13023
authorized for the offense. If the court imposes a mandatory	13024
prison term, notwithstanding division (A)(4) of section 2929.14 of	13025
the Revised Code, it also may sentence the offender to a definite	13026
prison term that shall be not less than six months and not more	13027
than thirty months, the prison terms shall be imposed as described	13028
in division (G)(2) of section 2929.13 of the Revised Code, and no	13029
term of local incarceration, community residential sanction, or	13030
nonresidential sanction is authorized for the offense.	13031

(iii) In all cases, notwithstanding section 2929.18 of the	13032
Revised Code, a fine of not less than eight hundred nor more than	13033
ten thousand dollars;	13034

(iv) In all cases, a class two license suspension of the	13035
offender's driver's license, commercial driver's license,	13036
temporary instruction permit, probationary license, or nonresident	13037
operating privilege from the range specified in division (A)(2) of	13038
section 4510.02 of the Revised Code. The court may grant limited	13039
driving privileges relative to the suspension under sections	13040
4510.021 and 4510.13 of the Revised Code.	13041

(v) In all cases, if the vehicle is registered in the	13042
offender's name, criminal forfeiture of the vehicle involved in	13043
the offense in accordance with section 4503.234 of the Revised	13044
Code. Division (G)(6) of this section applies regarding any	13045
vehicle that is subject to an order of criminal forfeiture under	13046
this division.	13047

(vi) In all cases, participation in an alcohol and drug	13048
addiction program authorized by section 3793.02 of the Revised	13049
Code, subject to division (I) of this section.	13050

(vii) In all cases, if the court sentences the offender to a	13051
mandatory term of local incarceration, in addition to the	13052
mandatory term, the court, pursuant to section 2929.17 of the	13053
Revised Code, may impose a term of electronically monitored house	13054
arrest with electronic monitoring. The term shall not commence	13055
until after the offender has served the mandatory term of local	13056
incarceration.	13057

(e) An offender who previously has been convicted of or	13058
pleaded guilty to a violation of division (A) of this section that	13059
was a felony, regardless of when the violation and the conviction	13060
or guilty plea occurred, is guilty of a felony of the third	13061
degree. The court shall sentence the offender to all of the	13062
following:	13063

(i) If the offender is being sentenced for a violation of	13064
division (A)(1), (2), (3), (4), or (5) of this section, a	13065
mandatory prison term of sixty consecutive days in accordance with	13066
division (G)(2) of section 2929.13 of the Revised Code. The court	13067
may impose a prison term in addition to the sixty-day mandatory	13068
prison term. The cumulative total of the mandatory prison term	13069
and the additional prison term for the offense shall not exceed	13070
five years. No term of local incarceration, community residential	13071
sanction, or nonresidential sanction is authorized for the	13072
offense.	13073

(ii) If the sentence is being imposed for a violation of	13074
division (A)(6), (7), (8), or (9) of this section, a mandatory	13075
prison term of one hundred twenty consecutive days in accordance	13076
with division (G)(2) of section 2929.13 of the Revised Code. The	13077
court may impose a prison term in addition to the one hundred	13078
twenty-day mandatory prison term. The cumulative total of the	13079
mandatory prison term and the additional prison term for the	13080
offense shall not exceed five years. No term of local	13081
incarceration, community residential sanction, or nonresidential	13082
sanction is authorized for the offense.	13083

(iii) In all cases, notwithstanding section 2929.18 of the	13084
Revised Code, a fine of not less than eight hundred nor more than	13085
ten thousand dollars;	13086

(iv) In all cases, a class two license suspension of the	13087
offender's driver's license, commercial driver's license,	13088
temporary instruction permit, probationary license, or nonresident	13089
operating privilege from the range specified in division (A)(2) of	13090
section 4510.02 of the Revised Code. The court may grant limited	13091
driving privileges relative to the suspension under sections	13092
4510.021 and 4510.13 of the Revised Code.	13093

(v) In all cases, if the vehicle is registered in the	13094
offender's name, criminal forfeiture of the vehicle involved in	13095
the offense in accordance with section 4503.234 of the Revised	13096
Code. Division (G)(6) of this section applies regarding any	13097
vehicle that is subject to an order of criminal forfeiture under	13098
this division.	13099

(vi) In all cases, participation in an alcohol and drug	13100
addiction program authorized by section 3793.02 of the Revised	13101
Code, subject to division (I) of this section.	13102

(2) An offender who is convicted of or pleads guilty to a	13103
violation of division (A) of this section and who subsequently	13104
seeks reinstatement of the driver's or occupational driver's	13105
license or permit or nonresident operating privilege suspended	13106
under this section as a result of the conviction or guilty plea	13107
shall pay a reinstatement fee as provided in division (F)(2) of	13108
section 4511.191 of the Revised Code.	13109

(3) If an offender is sentenced to a jail term under	13110
division (G)(1)(b)(i) or (ii) or (G)(1)(c)(i) or (ii) of this	13111
section and if, within sixty days of sentencing of the offender,	13112
the court issues a written finding on the record that, due to the	13113
unavailability of space at the jail where the offender is required	13114
to serve the term, the offender will not be able to begin serving	13115
that term within the sixty-day period following the date of	13116
sentencing, the court may impose an alternative sentence under	13117
this division that includes a term of electronically monitored	13118
house arrest, as defined in section 2929.23 of the Revised Code	13119
with electronic monitoring.	13120

As an alternative to a mandatory jail term of ten consecutive	13121
days required by division (G)(1)(b)(i) of this section, the court,	13122
under this division, may sentence the offender to five consecutive	13123
days in jail and not less than eighteen consecutive days of	13124
electronically monitored house arrest with electronic monitoring.	13125
The cumulative total of the five consecutive days in jail and the	13126
period of electronically monitored house arrest with electronic	13127
monitoring shall not exceed six months. The five consecutive days	13128
in jail do not have to be served prior to or consecutively to the	13129
period of house arrest.	13130

As an alternative to the mandatory jail term of twenty	13131
consecutive days required by division (G)(1)(b)(ii) of this	13132
section, the court, under this division, may sentence the offender	13133
to ten consecutive days in jail and not less than thirty-six	13134
consecutive days of electronically monitored house arrest with	13135
electronic monitoring. The cumulative total of the ten	13136
consecutive days in jail and the period of electronically	13137
monitored house arrest with electronic monitoring shall not exceed	13138
six months. The ten consecutive days in jail do not have to be	13139
served prior to or consecutively to the period of house arrest.	13140

As an alternative to a mandatory jail term of thirty	13141
consecutive days required by division (G)(1)(c)(i) of this	13142
section, the court, under this division, may sentence the offender	13143
to fifteen consecutive days in jail and not less than fifty-five	13144
consecutive days of electronically monitored house arrest with	13145
electronic monitoring. The cumulative total of the fifteen	13146
consecutive days in jail and the period of electronically	13147
monitored house arrest with electronic monitoring shall not exceed	13148
one year. The fifteen consecutive days in jail do not have to be	13149
served prior to or consecutively to the period of house arrest.	13150

As an alternative to the mandatory jail term of sixty	13151
consecutive days required by division (G)(1)(c)(ii) of this	13152
section, the court, under this division, may sentence the offender	13153
to thirty consecutive days in jail and not less than one hundred	13154
ten consecutive days of electronically monitored house arrest with	13155
electronic monitoring. The cumulative total of the thirty	13156
consecutive days in jail and the period of electronically	13157
monitored house arrest with electronic monitoring shall not exceed	13158
one year. The thirty consecutive days in jail do not have to be	13159
served prior to or consecutively to the period of house arrest.	13160

(4) If an offender's driver's or occupational driver's	13161
license or permit or nonresident operating privilege is suspended	13162
under division (G) of this section and if section 4510.13 of the	13163
Revised Code permits the court to grant limited driving	13164
privileges, the court may grant the limited driving privileges	13165
only if the court imposes as one of the conditions of the	13166
privileges that the offender must display on the vehicle that is	13167
driven subject to the privileges restricted license plates that	13168
are issued under section 4503.231 of the Revised Code, except as	13169
provided in division (B) of that section.	13170

(5) Fines imposed under this section for a violation of	13171
division (A) of this section shall be distributed as follows:	13172

(a) Twenty-five dollars of the fine imposed under division	13173
(G)(1)(a)(iii), thirty-five dollars of the fine imposed under	13174
division (G)(1)(b)(iii), one hundred twenty-three dollars of the	13175
fine imposed under division (G)(1)(c)(iii), and two hundred ten	13176
dollars of the fine imposed under division (G)(1)(d)(iii) or	13177
(e)(iii) of this section shall be paid to an enforcement and	13178
education fund established by the legislative authority of the law	13179
enforcement agency in this state that primarily was responsible	13180
for the arrest of the offender, as determined by the court that	13181
imposes the fine. The agency shall use this share to pay only	13182
those costs it incurs in enforcing this section or a municipal OVI	13183
ordinance and in informing the public of the laws governing the	13184
operation of a vehicle while under the influence of alcohol, the	13185
dangers of the operation of a vehicle under the influence of	13186
alcohol, and other information relating to the operation of a	13187
vehicle under the influence of alcohol and the consumption of	13188
alcoholic beverages.	13189

(b) Fifty dollars of the fine imposed under division	13190
(G)(1)(a)(iii) of this section shall be paid to the political	13191
subdivision that pays the cost of housing the offender during the	13192
offender's term of incarceration. If the offender is being	13193
sentenced for a violation of division (A)(1), (2), (3), (4), or	13194
(5) of this section and was confined as a result of the offense	13195
prior to being sentenced for the offense but is not sentenced to a	13196
term of incarceration, the fifty dollars shall be paid to the	13197
political subdivision that paid the cost of housing the offender	13198
during that period of confinement. The political subdivision	13199
shall use the share under this division to pay or reimburse	13200
incarceration or treatment costs it incurs in housing or providing	13201
drug and alcohol treatment to persons who violate this section or	13202
a municipal OVI ordinance, costs of any immobilizing or disabling	13203
device used on the offender's vehicle, and costs of electronic	13204
house arrest equipment needed for persons who violate this	13205
section.	13206

(c) Twenty-five dollars of the fine imposed under division	13207
(G)(1)(a)(iii) and fifty dollars of the fine imposed under	13208
division (G)(1)(b)(iii) of this section shall be deposited into	13209
the county or municipal indigent drivers' alcohol treatment fund	13210
under the control of that court, as created by the county or	13211
municipal corporation under division (N) of section 4511.191 of	13212
the Revised Code.	13213

(d) One hundred fifteen dollars of the fine imposed under	13214
division (G)(1)(b)(iii), two hundred seventy-seven dollars of the	13215
fine imposed under division (G)(1)(c)(iii), and four hundred forty	13216
dollars of the fine imposed under division (G)(1)(d)(iii) or	13217
(e)(iii) of this section shall be paid to the political	13218
subdivision that pays the cost of housing the offender during the	13219
offender's term of incarceration. The political subdivision shall	13220
use this share to pay or reimburse incarceration or treatment	13221
costs it incurs in housing or providing drug and alcohol treatment	13222
to persons who violate this section or a municipal OVI ordinance,	13223
costs for any immobilizing or disabling device used on the	13224
offender's vehicle, and costs of electronic house arrest equipment	13225
needed for persons who violate this section.	13226

(e) The balance of the fine imposed under division	13227
(G)(1)(a)(iii), (b)(iii), (c)(iii), (d)(iii), or (e)(iii) of this	13228
section shall be disbursed as otherwise provided by law.	13229

(6) If title to a motor vehicle that is subject to an order	13230
of criminal forfeiture under division (G)(1)(c), (d), or (e) of	13231
this section is assigned or transferred and division (B)(2) or (3)	13232
of section 4503.234 of the Revised Code applies, in addition to or	13233
independent of any other penalty established by law, the court may	13234
fine the offender the value of the vehicle as determined by	13235
publications of the national auto dealers association. The	13236
proceeds of any fine so imposed shall be distributed in accordance	13237
with division (C)(2) of that section.	13238

(7) As used in division (G) of this section, "electronic	13239
monitoring," "mandatory prison term," and "mandatory term of local	13240
incarceration" have the same meanings as in section 2929.01 of the	13241
Revised Code.	13242

(H) Whoever violates division (B) of this section is guilty	13243
of operating a vehicle after underage alcohol consumption and	13244
shall be punished as follows:	13245

(1) Except as otherwise provided in division (H)(2) of this	13246
section, the offender is guilty of a misdemeanor of the fourth	13247
degree. In addition to any other sanction imposed for the	13248
offense, the court shall impose a class six suspension of the	13249
offender's driver's license, commercial driver's license,	13250
temporary instruction permit, probationary license, or nonresident	13251
operating privilege from the range specified in division (A)(6) of	13252
section 4510.02 of the Revised Code.	13253

(2) If, within one year of the offense, the offender	13254
previously has been convicted of or pleaded guilty to one or more	13255
violations of division (A) or (B) of this section or other	13256
equivalent offense offenses, the offender is guilty of a	13257
misdemeanor of the third degree. In addition to any other	13258
sanction imposed for the offense, the court shall impose a class	13259
four suspension of the offender's driver's license, commercial	13260
driver's license, temporary instruction permit, probationary	13261
license, or nonresident operating privilege from the range	13262
specified in division (A)(4) of section 4510.02 of the Revised	13263
Code.	13264

(I)(1) No court shall sentence an offender to an alcohol	13265
treatment program under this section unless the treatment program	13266
complies with the minimum standards for alcohol treatment programs	13267
adopted under Chapter 3793. of the Revised Code by the director of	13268
alcohol and drug addiction services.	13269

(2) An offender who stays in a drivers' intervention program	13270
or in an alcohol treatment program under an order issued under	13271
this section shall pay the cost of the stay in the program.	13272
However, if the court determines that an offender who stays in an	13273
alcohol treatment program under an order issued under this section	13274
is unable to pay the cost of the stay in the program, the court	13275
may order that the cost be paid from the court's indigent drivers'	13276
alcohol treatment fund.	13277

(J) If a person whose driver's or commercial driver's license	13278
or permit or nonresident operating privilege is suspended under	13279
this section files an appeal regarding any aspect of the person's	13280
trial or sentence, the appeal itself does not stay the operation	13281
of the suspension.	13282

(K) All terms defined in sections 4510.01 of the Revised Code	13283
apply to this section. If the meaning of a term defined in	13284
section 4510.01 of the Revised Code conflicts with the meaning of	13285
the same term as defined in section 4501.01 or 4511.01 of the	13286
Revised Code, the term as defined in section 4510.01 of the	13287
Revised Code applies to this section.	13288

(L)(1) The Ohio Traffic Rules in effect on the effective date	13289
of this amendmentJanuary 1, 2004, as adopted by the supreme court	13290
under authority of section 2937.46 of the Revised Code, do not	13291
apply to felony violations of this section. Subject to division	13292
(L)(2) of this section, the Rules of Criminal Procedure apply to	13293
felony violations of this section.	13294

(2) If, on or after the effective date of this amendment	13295
January 1, 2004, the supreme court modifies the Ohio Traffic Rules	13296
to provide procedures to govern felony violations of this section,	13297
the modified rules shall apply to felony violations of this	13298
section.	13299

Sec. 4511.213.  (A) The driver of a motor vehicle, upon	13300
approaching a stationary public safety vehicle that is displaying	13301
a flashing red light, flashing combination red and white light,	13302
oscillating or rotating red light, oscillating or rotating	13303
combination red and white light, flashing blue light, flashing	13304
combination blue and white light, oscillating or rotating blue	13305
light, or oscillating or rotating combination blue and white	13306
light, shall do either of the following:	13307

(1) If the driver of the motor vehicle is traveling on a	13308
highway that consists of at least two lanes that carry traffic in	13309
the same direction of travel as that of the driver's motor	13310
vehicle, the driver shall proceed with due caution and, if	13311
possible and with due regard to the road, weather, and traffic	13312
conditions, shall change lanes into a lane that is not adjacent to	13313
that of the stationary public safety vehicle.	13314

(2) If the driver is not traveling on a highway of a type	13315
described in division (A)(1) of this section, or if the driver is	13316
traveling on a highway of that type but it is not possible to	13317
change lanes or if to do so would be unsafe, the driver shall	13318
proceed with due caution, reduce the speed of the motor vehicle,	13319
and maintain a safe speed for the road, weather, and traffic	13320
conditions.	13321

(B) This section does not relieve the driver of a public	13322
safety vehicle from the duty to drive with due regard for the	13323
safety of all persons and property upon the highway.	13324

(C) No person shall fail to drive a motor vehicle in	13325
compliance with division (A)(1) or (2) of this section when so	13326
required by division (A) of this section.	13327

(D)(1) Except as otherwise provided in this division,	13328
whoever violates this section is guilty of a minor misdemeanor.	13329
If, within one year of the offense, the offender previously has	13330
been convicted of or pleaded guilty to one predicate motor vehicle	13331
or traffic offense, whoever violates this section is guilty of a	13332
misdemeanor of the fourth degree. If, within one year of the	13333
offense, the offender previously has been convicted of two or more	13334
predicate motor vehicle or traffic offenses, whoever violates this	13335
section is guilty of a misdemeanor of the third degree.	13336

(2) Notwithstanding section 2929.212929.28 of the Revised	13337
Code, upon a finding that a person operated a motor vehicle in	13338
violation of division (C) of this section, the court, in addition	13339
to all other penalties provided by law, shall impose a fine of two	13340
times the usual amount imposed for the violation.	13341

(E) As used in this section, "public safety vehicle" has the	13342
same meaning as in section 4511.01 of the Revised Code.	13343

Sec. 4511.512. (A)(1) Electric personal assistive mobility	13344
devices may be operated on the public streets, highways,	13345
sidewalks, and paths and portions of roadways set aside for the	13346
exclusive use of bicycles in accordance with this section.	13347

(2) Except as otherwise provided in this section, those	13348
sections of this chapter that by their nature are applicable to an	13349
electric personal assistive mobility device apply to the device	13350
and the person operating it whenever it is operated upon any	13351
public street, highway, sidewalk, or path or upon any portion of a	13352
roadway set aside for the exclusive use of bicycles.	13353

(3) A local authority may regulate or prohibit the operation	13354
of electric personal assistive mobility devices on public streets,	13355
highways, sidewalks, and paths, and portions of roadways set aside	13356
for the exclusive use of bicycles, under its jurisdiction.	13357

(B) No operator of an electric personal assistive mobility	13358
device shall do any of the following:	13359

(1) Fail to yield the right-of-way to all pedestrians and	13360
human-powered vehicles at all times;	13361

(2) Fail to give an audible signal before overtaking and	13362
passing a pedestrian;	13363

(3) Operate the device at night unless the device or its	13364
operator is equipped with or wearing both of the following:	13365

(a) A lamp pointing to the front that emits a white light	13366
visible from a distance of not less than five hundred feet;	13367

(b) A red reflector facing the rear that is visible from all	13368
distances from one hundred feet to six hundred feet when directly	13369
in front of lawful lower beams of head lamps on a motor vehicle.	13370

(4) Operate the device on any portion of a street or highway	13371
that has an established speed limit of fifty-five miles per hour	13372
or more;	13373

(5) Operate the device upon any path set aside for the	13374
exclusive use of pedestrians or other specialized use when an	13375
appropriate sign giving notice of the specialized use is posted on	13376
the path;	13377

(6) If under eighteen years of age, operate the device	13378
unless wearing a protective helmet on the person's head with the	13379
chin strap properly fastened;	13380

(7) If under sixteen years of age, operate the device	13381
unless, during the operation, the person is under the direct	13382
visual and audible supervision of another person who is eighteen	13383
years of age or older and is responsible for the immediate care of	13384
the person under sixteen years of age.	13385

(C) No person who is under fourteen years of age shall	13386
operate an electric personal assistive mobility device.	13387

(D) No person shall distribute or sell an electric personal	13388
assistive mobility device unless the device is accompanied by a	13389
written statement that is substantially equivalent to the	13390
following: "WARNING: TO REDUCE THE RISK OF SERIOUS INJURY, USE	13391
ONLY WHILE WEARING FULL PROTECTIVE EQUIPMENT – HELMET, WRIST	13392
GUARDS, ELBOW PADS, AND KNEE PADS."	13393

(E) Nothing in this section affects or shall be construed to	13394
affect any rule of the director of natural resources or a board of	13395
park district commissioners governing the operation of vehicles on	13396
lands under the control of the director or board, as applicable.	13397

(F)(1) Whoever violates division (B) or (C) of this section	13398
is guilty of a minor misdemeanor and shall be punished as follows:	13399

(a) The offender shall be fined ten dollars.

13400

(b) If the offender previously has been convicted of or	13401
pleaded guilty to a violation of division (B) or (C) of this	13402
section or a substantially similar municipal ordinance, the court,	13403
in addition to imposing the fine required under division (F)(1) of	13404
this section, shall do one of the following:	13405

(i) Order the impoundment for not less than one day but	13406
not more than thirty days of the electric personal assistive	13407
mobility device that was involved in the current violation of that	13408
division. The court shall order the device to be impounded at a	13409
safe indoor location designated by the court and may assess	13410
storage fees of not more than five dollars per day, provided the	13411
total storage, processing, and release fees assessed against the	13412
offender or the device in connection with the device's impoundment	13413
or subsequent release shall not exceed fifty dollars.	13414

(ii) If the court does not issue an impoundment order	13415
pursuant to division (F)(1)(b)(i) of this section, issue an order	13416
prohibiting the offender from operating any electric personal	13417
assistive mobility device on the public streets, highways,	13418
sidewalks, and paths and portions of roadways set aside for the	13419
exclusive use of bicycles for not less than one day but not more	13420
than thirty days.	13421

(2) Whoever violates division (D) of this section is	13422
guilty of a minor misdemeanor.	13423

Sec. 4511.69.  (A) Every vehicle stopped or parked upon a	13424
roadway where there is an adjacent curb shall be stopped or parked	13425
with the right-hand wheels of the vehicle parallel with and not	13426
more than twelve inches from the right-hand curb, unless it is	13427
impossible to approach so close to the curb; in such case the stop	13428
shall be made as close to the curb as possible and only for the	13429
time necessary to discharge and receive passengers or to load or	13430
unload merchandise. Local authorities by ordinance may permit	13431
angle parking on any roadway under their jurisdiction, except that	13432
angle parking shall not be permitted on a state route within a	13433
municipal corporation unless an unoccupied roadway width of not	13434
less than twenty-five feet is available for free-moving traffic.	13435

(B) Local authorities by ordinance may permit parking of	13436
vehicles with the left-hand wheels adjacent to and within twelve	13437
inches of the left-hand curb of a one-way roadway.	13438

(C) No vehicle or trackless trolley shall be stopped or	13439
parked on a road or highway with the vehicle or trackless trolley	13440
facing in a direction other than the direction of travel on that	13441
side of the road or highway.	13442

(D) Notwithstanding any statute or any rule, resolution, or	13443
ordinance adopted by any local authority, air compressors,	13444
tractors, trucks, and other equipment, while being used in the	13445
construction, reconstruction, installation, repair, or removal of	13446
facilities near, on, over, or under a street or highway, may stop,	13447
stand, or park where necessary in order to perform such work,	13448
provided a flagperson is on duty or warning signs or lights are	13449
displayed as may be prescribed by the director of transportation.	13450

(E) Special parking locations and privileges for persons	13451
with disabilities that limit or impair the ability to walk, also	13452
known as handicapped parking spaces or disability parking spaces,	13453
shall be provided and designated by all political subdivisions and	13454
by the state and all agencies and instrumentalities thereof at all	13455
offices and facilities, where parking is provided, whether owned,	13456
rented, or leased, and at all publicly owned parking garages. The	13457
locations shall be designated through the posting of an elevated	13458
sign, whether permanently affixed or movable, imprinted with the	13459
international symbol of access and shall be reasonably close to	13460
exits, entrances, elevators, and ramps. All elevated signs posted	13461
in accordance with this division and division (C) of section	13462
3781.111 of the Revised Code shall be mounted on a fixed or	13463
movable post, and the distance from the ground to the top edge of	13464
the sign shall measure five feet. If a new sign or a replacement	13465
sign designating a special parking location is posted on or after	13466
October 14, 1999, there also shall be affixed upon the surface of	13467
that sign or affixed next to the designating sign a notice that	13468
states the fine applicable for the offense of parking a motor	13469
vehicle in the special designated parking location if the motor	13470
vehicle is not legally entitled to be parked in that location.	13471

(F)(1) No person shall stop, stand, or park any motor	13472
vehicle at special parking locations provided under division (E)	13473
of this section or at special clearly marked parking locations	13474
provided in or on privately owned parking lots, parking garages,	13475
or other parking areas and designated in accordance with that	13476
division, unless one of the following applies:	13477

(a) The motor vehicle is being operated by or for the	13478
transport of a person with a disability that limits or impairs the	13479
ability to walk and is displaying a valid removable windshield	13480
placard or special license plates;	13481

(b) The motor vehicle is being operated by or for the	13482
transport of a handicapped person and is displaying a parking card	13483
or special handicapped license plates.	13484

(2) Any motor vehicle that is parked in a special marked	13485
parking location in violation of division (F)(1)(a) or (b) of this	13486
section may be towed or otherwise removed from the parking	13487
location by the law enforcement agency of the political	13488
subdivision in which the parking location is located. A motor	13489
vehicle that is so towed or removed shall not be released to its	13490
owner until the owner presents proof of ownership of the motor	13491
vehicle and pays all towing and storage fees normally imposed by	13492
that political subdivision for towing and storing motor vehicles.	13493
If the motor vehicle is a leased vehicle, it shall not be released	13494
to the lessee until the lessee presents proof that that person is	13495
the lessee of the motor vehicle and pays all towing and storage	13496
fees normally imposed by that political subdivision for towing and	13497
storing motor vehicles.	13498

(3) If a person is charged with a violation of division	13499
(F)(1)(a) or (b) of this section, it is an affirmative defense to	13500
the charge that the person suffered an injury not more than	13501
seventy-two hours prior to the time the person was issued the	13502
ticket or citation and that, because of the injury, the person	13503
meets at least one of the criteria contained in division (A)(1) of	13504
section 4503.44 of the Revised Code.	13505

(G) When a motor vehicle is being operated by or for the	13506
transport of a person with a disability that limits or impairs the	13507
ability to walk and is displaying a removable windshield placard	13508
or a temporary removable windshield placard or special license	13509
plates, or when a motor vehicle is being operated by or for the	13510
transport of a handicapped person and is displaying a parking card	13511
or special handicapped license plates, the motor vehicle is	13512
permitted to park for a period of two hours in excess of the legal	13513
parking period permitted by local authorities, except where local	13514
ordinances or police rules provide otherwise or where the vehicle	13515
is parked in such a manner as to be clearly a traffic hazard.	13516

(H) No owner of an office, facility, or parking garage where	13517
special parking locations are required to be designated in	13518
accordance with division (E) of this section shall fail to	13519
properly mark the special parking locations in accordance with	13520
that division or fail to maintain the markings of the special	13521
locations, including the erection and maintenance of the fixed or	13522
movable signs.	13523

(I) Nothing in this section shall be construed to require a	13524
person or organization to apply for a removable windshield placard	13525
or special license plates if the parking card or special license	13526
plates issued to the person or organization under prior law have	13527
not expired or been surrendered or revoked.	13528

(J)(1) Whoever violates division (A) or (C) of this section	13529
is guilty of a minor misdemeanor.	13530

(2)(a) Whoever violates division (F)(1)(a) or (b) of this	13531
section is guilty of a misdemeanor and shall be punished as	13532
provided in division (J)(2)(a) and (b) of this section. Except as	13533
otherwise provided in division (J)(2)(a) of this section, an	13534
offender who violates division (F)(1)(a) or (b) of this section	13535
shall be fined not less than two hundred fifty nor more than five	13536
hundred dollars. An offender who violates division (F)(1)(a) or	13537
(b) of this section shall be fined not more than one hundred	13538
dollars if the offender, prior to sentencing, proves either of the	13539
following to the satisfaction of the court:	13540

(i) At the time of the violation of division (F)(1)(a) of	13541
this section, the offender or the person for whose transport the	13542
motor vehicle was being operated had been issued a removable	13543
windshield placard that then was valid or special license plates	13544
that then were valid but the offender or the person neglected to	13545
display the placard or license plates as described in division	13546
(F)(1)(a) of this section.	13547

(ii) At the time of the violation of division (F)(1)(b) of	13548
this section, the offender or the person for whose transport the	13549
motor vehicle was being operated had been issued a parking card	13550
that then was valid or special handicapped license plates that	13551
then were valid but the offender or the person neglected to	13552
display the card or license plates as described in division	13553
(F)(1)(b) of this section.	13554

(b) In no case shall an offender who violates division	13555
(F)(1)(a) or (b) of this section be sentenced to any term of	13556
imprisonment.	13557

An arrest or conviction for a violation of division (F)(1)(a)	13558
or (b) of this section does not constitute a criminal record and	13559
need not be reported by the person so arrested or convicted in	13560
response to any inquiries contained in any application for	13561
employment, license, or other right or privilege, or made in	13562
connection with the person's appearance as a witness.	13563

The clerk of the court shall pay every fine collected under	13564
division (J)(2) of this section to the political subdivision in	13565
which the violation occurred. Except as provided in division	13566
(J)(2) of this section, the political subdivision shall use the	13567
fine moneys it receives under division (J)(2) of this section to	13568
pay the expenses it incurs in complying with the signage and	13569
notice requirements contained in division (E) of this section. The	13570
political subdivision may use up to fifty per cent of each fine it	13571
receives under division (J)(2) of this section to pay the costs of	13572
educational, advocacy, support, and assistive technology programs	13573
for persons with disabilities, and for public improvements within	13574
the political subdivision that benefit or assist persons with	13575
disabilities, if governmental agencies or nonprofit organizations	13576
offer the programs.	13577

(3) Whoever violates division (H) of this section shall be	13578
punished as follows:	13579

(a) Except as otherwise provided in division (J)(3) of this	13580
section, the offender shall be issued a warning.	13581

(b) If the offender previously has been convicted of or	13582
pleaded guilty to a violation of division (H) of this section or	13583
of a municipal ordinance that is substantially similar to that	13584
division, the offender shall not be issued a warning but shall be	13585
fined not more than twenty-five dollars for each parking location	13586
that is not properly marked or whose markings are not properly	13587
maintained.	13588

(K) As used in this section:

13589

(1) "Handicapped person" means any person who has lost the	13590
use of one or both legs or one or both arms, who is blind, deaf,	13591
or so severely handicapped as to be unable to move without the aid	13592
of crutches or a wheelchair, or whose mobility is restricted by a	13593
permanent cardiovascular, pulmonary, or other handicapping	13594
condition.	13595

(2) "Person with a disability that limits or impairs the	13596
ability to walk" has the same meaning as in section 4503.44 of the	13597
Revised Code.	13598

(3) "Special license plates" and "removable windshield	13599
placard" mean any license plates or removable windshield placard	13600
or temporary removable windshield placard issued under section	13601
4503.41 or 4503.44 of the Revised Code, and also mean any	13602
substantially similar license plates or removable windshield	13603
placard or temporary removable windshield placard issued by a	13604
state, district, country, or sovereignty.	13605

Sec. 4511.99. Whoever violates any provision of sections	13606
4511.01 to 4511.76 of the Revised Code for which no penalty	13607
otherwise is provided in the section violated is guilty of one of	13608
the following:	13609

(A) Except as otherwise provided in division (B) or (C) of	13610
this section, a minor misdemeanor;	13611

(B) If, within one year of the offense, the offender	13612
previously has been convicted of or pleaded guilty to one	13613
predicate motor vehicle or traffic offense, a misdemeanor of the	13614
fourth degree;	13615

(C) If, within one year of the offense, the offender	13616
previously has been convicted of or pleaded guilty to two or more	13617
predicate motor vehicle or traffic offenses, a misdemeanor of the	13618
third degree.	13619

(Q)(1) Whoever violates division (B) or (C) of section	13620
4511.512 of the Revised Code is guilty of a minor misdemeanor and	13621
shall be punished as follows:	13622

(a) The offender shall be fined ten dollars.

13623

(b) If the offender previously has been convicted of or	13624
pleaded guilty to a violation of division (B) or (C) of section	13625
4511.512 of the Revised Code or a substantially similar municipal	13626
ordinance, the court, in addition to imposing the fine required	13627
under division (Q)(1)(a) of this section, shall do one of the	13628
following:	13629

(i) Order the impoundment for not less than one day but not	13630
more than thirty days of the electric personal assistive mobility	13631
device that was involved in the current violation of that	13632
division. The court shall order the device to be impounded at a	13633
safe indoor location designated by the court and may assess	13634
storage fees of not more than five dollars per day, provided the	13635
total storage, processing, and release fees assessed against the	13636
offender or the device in connection with the device's impoundment	13637
or subsequent release shall not exceed fifty dollars.	13638

(ii) If the court does not issue an impoundment order	13639
pursuant to division (Q)(1)(b)(i) of this section, issue an order	13640
prohibiting the offender from operating any electric personal	13641
assistive mobility device on the public streets, highways,	13642
sidewalks, and paths and portions of roadways set aside for the	13643
exclusive use of bicycles for not less than one day but not more	13644
than thirty days.	13645

(2) Whoever violates division (D) of section 4511.512 of the	13646
Revised Code is guilty of a minor misdemeanor.	13647

Sec. 4717.05.  (A) Any person who desires to be licensed as	13648
an embalmer shall apply to the board of embalmers and funeral	13649
directors on a form provided by the board. The applicant shall	13650
include with the application an initial license fee as set forth	13651
in section 4717.07 of the Revised Code and evidence, verified by	13652
oath and satisfactory to the board, that the applicant meets all	13653
of the following requirements:	13654

(1) The applicant is at least eighteen years of age and of	13655
good moral character.	13656

(2) If the applicant has pleaded guilty to, has been found	13657
by a judge or jury to be guilty of, or has had a judicial finding	13658
of eligibility for treatment in lieu of conviction entered against	13659
the applicant in this state for aggravated murder, murder,	13660
voluntary manslaughter, felonious assault, kidnapping, rape,	13661
sexual battery, gross sexual imposition, aggravated arson,	13662
aggravated robbery, or aggravated burglary, or has pleaded guilty	13663
to, has been found by a judge or jury to be guilty of, or has had	13664
a judicial finding of eligibility for treatment in lieu of	13665
conviction entered against the applicant in another jurisdiction	13666
for a substantially equivalent offense, at least five years has	13667
elapsed since the applicant was released from incarceration,	13668
probationa community control sanction, a post-release control	13669
sanction, parole, or treatment in connection with the offense.	13670

(3) The applicant holds at least a bachelor's degree from a	13671
college or university authorized to confer degrees by the Ohio	13672
board of regents or the comparable legal agency of another state	13673
in which the college or university is located and submits an	13674
official transcript from that college or university with the	13675
application.	13676

(4) The applicant has satisfactorily completed at least	13677
twelve months of instruction in a prescribed course in mortuary	13678
science as approved by the board and has presented to the board a	13679
certificate showing successful completion of the course. The	13680
course of mortuary science college training may be completed	13681
either before or after the completion of the educational standard	13682
set forth in division (A)(3) of this section.	13683

(5) The applicant has registered with the board prior to	13684
beginning an embalmer apprenticeship.	13685

(6) The applicant has satisfactorily completed at least one	13686
year of apprenticeship under an embalmer licensed in this state	13687
and has assisted that person in embalming at least twenty-five	13688
dead human bodies.	13689

(7) The applicant, upon meeting the educational standards	13690
provided for in divisions (A)(3) and (4) of this section and	13691
completing the apprenticeship required in division (A)(6) of this	13692
section, has completed the examination for an embalmer's license	13693
required by the board.	13694

(B) Upon receiving satisfactory evidence verified by oath	13695
that the applicant meets all the requirements of division (A) of	13696
this section, the board shall issue the applicant an embalmer's	13697
license.	13698

(C) Any person who desires to be licensed as a funeral	13699
director shall apply to the board on a form provided by the board.	13700
The application shall include an initial license fee as set forth	13701
in section 4717.07 of the Revised Code and evidence, verified by	13702
oath and satisfactory to the board, that the applicant meets all	13703
of the following requirements:	13704

(1) Except as otherwise provided in division (D) of this	13705
section, the applicant has satisfactorily met all the requirements	13706
for an embalmer's license as described in divisions (A)(1) to (4)	13707
of this section.	13708

(2) The applicant has registered with the board prior to	13709
beginning a funeral director apprenticeship.	13710

(3) The applicant, following mortuary science college	13711
training described in division (A)(4) of this section, has served	13712
a one-year apprenticeship under a licensed funeral director in	13713
this state and has assisted that person in directing at least	13714
twenty-five funerals.	13715

(4) The applicant has satisfactorily completed the	13716
examination for a funeral director's license as required by the	13717
board.	13718

(D) In lieu of mortuary science college training required	13719
for a funeral director's license under division (C)(1) of this	13720
section, the applicant may substitute a two-year apprenticeship	13721
under a licensed funeral director in this state assisting that	13722
person in directing at least fifty funerals.	13723

(E) Upon receiving satisfactory evidence that the applicant	13724
meets all the requirements of division (C) of this section, the	13725
board shall issue to the applicant a funeral director's license.	13726

(F) As used in this section:

13727

(1) "Community control sanction" has the same meaning as in	13728
section 2929.01 of the Revised Code.	13729

(2) "Post-release control sanction" has the same meaning as	13730
in section 2967.01 of the Revised Code.	13731

Sec. 4734.35.  (A) As used in this section, "prosecutor" has	13732
the same meaning as in section 2935.01 of the Revised Code.	13733

(B) The prosecutor in any case against any chiropractor	13734
holding a valid license issued under this chapter shall promptly	13735
notify the state chiropractic board of any of the following:	13736

(1) A plea of guilty to, or a finding of guilt by a jury or	13737
court of, a felony, or a case in which the trial court issues an	13738
order of dismissal upon technical or procedural grounds of a	13739
felony charge;	13740

(2) A plea of guilty to, or a finding of guilt by a jury or	13741
court of, a misdemeanor committed in the course of practice, or a	13742
case in which the trial court issues an order of dismissal upon	13743
technical or procedural grounds of a charge of a misdemeanor, if	13744
the alleged act was committed in the course of practice;	13745

(3) A plea of guilty to, or a finding of guilt by a jury or	13746
court of, a misdemeanor involving moral turpitude, or a case in	13747
which the trial court issues an order of dismissal upon technical	13748
or procedural grounds of a charge of a misdemeanor involving moral	13749
turpitude.	13750

(C) The report shall include the name and address of the	13751
chiropractor, the nature of the offense for which the action was	13752
taken, and the certified court documents recording the action. The	13753
board may prescribe and provide forms for prosecutors to make	13754
reports under this section. The form may be the same as the form	13755
required to be provided under section 2929.242929.42 of the	13756
Revised Code.	13757

Sec. 4761.13.  (A) As used in this section, "prosecutor" has	13758
the same meaning as in section 2935.01 of the Revised Code.	13759

(B) The prosecutor in any case against any respiratory care	13760
professional or an individual holding a limited permit issued	13761
under this chapter shall promptly notify the Ohio respiratory care	13762
board of any of the following:	13763

(1) A plea of guilty to, or a finding of guilt by a jury or	13764
court of, a felony, or a case in which the trial court issues an	13765
order of dismissal upon technical or procedural grounds of a	13766
felony charge;	13767

(2) A plea of guilty to, or a finding of guilt by a jury or	13768
court of, a misdemeanor committed in the course of practice, or a	13769
case in which the trial court issues an order of dismissal upon	13770
technical or procedural grounds of a charge of a misdemeanor, if	13771
the alleged act was committed in the course of practice;	13772

(3) A plea of guilty to, or a finding of guilt by a jury or	13773
court of, a misdemeanor involving moral turpitude, or a case in	13774
which the trial court issues an order of dismissal upon technical	13775
or procedural grounds of a charge of a misdemeanor involving moral	13776
turpitude.	13777

(C) The report shall include the name and address of the	13778
respiratory care professional or person holding a limited permit,	13779
the nature of the offense for which the action was taken, and the	13780
certified court documents recording the action. The board may	13781
prescribe and provide forms for prosecutors to make reports under	13782
this section. The form may be the same as the form required to be	13783
provided under section 2929.242929.42 of the Revised Code.	13784

Sec. 4973.171.  (A) As used in this section, "felony" has	13785
the same meaning as in section 109.511 of the Revised Code.	13786

(B)(1) The governor shall not appoint or commission a person	13787
as a police officer for a railroad company under division (B) of	13788
section 4973.17 of the Revised Code and shall not appoint or	13789
commission a person as a police officer for a hospital under	13790
division (D) of section 4973.17 of the Revised Code on a permanent	13791
basis, on a temporary basis, for a probationary term, or on other	13792
than a permanent basis if the person previously has been convicted	13793
of or has pleaded guilty to a felony.	13794

(2)(a) The governor shall revoke the appointment or	13795
commission of a person appointed or commissioned as a police	13796
officer for a railroad company or as a police officer for a	13797
hospital under division (B) or (D) of section 4973.17 of the	13798
Revised Code if that person does either of the following:	13799

(i) Pleads guilty to a felony;

13800

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	13801
plea agreement as provided in division (D) of section 2929.29	13802
2929.43 of the Revised Code in which the person agrees to	13803
surrender the certificate awarded to that person under section	13804
109.77 of the Revised Code.	13805

(b) The governor shall suspend the appointment or commission	13806
of a person appointed or commissioned as a police officer for a	13807
railroad company or as a police officer for a hospital under	13808
division (B) or (D) of section 4973.17 of the Revised Code if that	13809
person is convicted, after trial, of a felony. If the person	13810
files an appeal from that conviction and the conviction is upheld	13811
by the highest court to which the appeal is taken or if the person	13812
does not file a timely appeal, the governor shall revoke the	13813
appointment or commission of that person as a police officer for a	13814
railroad company or as a police officer for a hospital. If the	13815
person files an appeal that results in that person's acquittal of	13816
the felony or conviction of a misdemeanor, or in the dismissal of	13817
the felony charge against that person, the governor shall	13818
reinstate the appointment or commission of that person as a police	13819
officer for a railroad company or as a police officer for a	13820
hospital. A person whose appointment or commission is reinstated	13821
under division (B)(2)(b) of this section shall not receive any	13822
back pay unless that person's conviction of the felony was	13823
reversed on appeal, or the felony charge was dismissed, because	13824
the court found insufficient evidence to convict the person of the	13825
felony.	13826

(3) Division (B) of this section does not apply regarding an	13827
offense that was committed prior to January 1, 1997.	13828

(4) The suspension or revocation of the appointment or	13829
commission of a person as a police officer for a railroad company	13830
or as a police officer for a hospital under division (B)(2) of	13831
this section shall be in accordance with Chapter 119. of the	13832
Revised Code.	13833

Sec. 5101.28.  (A) The department of job and family services	13834
shall enter into written agreements with law enforcement agencies	13835
to exchange, obtain, or share information regarding public	13836
assistance recipients to enable the department, county agencies,	13837
and law enforcement agencies to determine whether a recipient or a	13838
member of a recipient's assistance group is either of the	13839
following:	13840

(1) A fugitive felon;

13841

(2) Violating a condition of probation, a community control	13842
sanction, parole, or a post-release control sanction imposed under	13843
state or federal law.	13844

(B) The department and county agencies shall provide	13845
information regarding recipients of public assistance under a	13846
program administered by the state department or a county agency	13847
pursuant to Chapter 5107., 5108., or 5115. of the Revised Code to	13848
law enforcement agencies on request for the purposes of	13849
investigations, prosecutions, and criminal and civil proceedings	13850
that are within the scope of the law enforcement agencies'	13851
official duties.	13852

(C) Information about a recipient shall be exchanged,	13853
obtained, or shared only if the department, county agency, or law	13854
enforcement agency requesting the information gives sufficient	13855
information to specifically identify the recipient. In addition	13856
to the recipient's name, identifying information may include the	13857
recipient's current or last known address, social security number,	13858
other identifying number, age, gender, physical characteristics,	13859
any information specified in an agreement entered into under	13860
division (A) of this section, or any information considered	13861
appropriate by the department or agency.	13862

(D)(1) The department and its officers and employees are not	13863
liable in damages in a civil action for any injury, death, or loss	13864
to person or property that allegedly arises from the release of	13865
information in accordance with divisions (A), (B), and (C) of this	13866
section. This section does not affect any immunity or defense	13867
that the department and its officers and employees may be entitled	13868
to under another section of the Revised Code or the common law of	13869
this state, including section 9.86 of the Revised Code.	13870

(2) The county agencies and their employees are not liable	13871
in damages in a civil action for any injury, death, or loss to	13872
person or property that allegedly arises from the release of	13873
information in accordance with divisions (A), (B), and (C) of this	13874
section. "Employee" has the same meaning as in division (B) of	13875
section 2744.01 of the Revised Code. This section does not affect	13876
any immunity or defense that the county agencies and their	13877
employees may be entitled to under another section of the Revised	13878
Code or the common law of this state, including section 2744.02	13879
and division (A)(6) of section 2744.03 of the Revised Code.	13880

(E) To the extent permitted by federal law, the department	13881
and county agencies shall provide access to information to the	13882
auditor of state acting pursuant to Chapter 117. or sections	13883
5101.181 and 5101.182 of the Revised Code and to any other	13884
government entity authorized by or federal law to conduct an audit	13885
of or similar activity involving a public assistance program.	13886

(F) The auditor of state shall prepare an annual report on	13887
the outcome of the agreements required under division (A) of this	13888
section. The report shall include the number of fugitive felons	13889
and, probation and parole violators, and violators of community	13890
control sanctions and post-release control sanctions apprehended	13891
during the immediately preceding year as a result of the exchange	13892
of information pursuant to that division. The auditor of state	13893
shall file the report with the governor, the president and	13894
minority leader of the senate, and the speaker and minority leader	13895
of the house of representatives. The state department, county	13896
agencies, and law enforcement agencies shall cooperate with the	13897
auditor of state's office in gathering the information required	13898
under this division.	13899

(G) To the extent permitted by federal law, the department	13900
of job and family services, county departments of job and family	13901
services, and employees of the departments may report to a public	13902
children services agency or other appropriate agency information	13903
on known or suspected physical or mental injury, sexual abuse or	13904
exploitation, or negligent treatment or maltreatment, of a child	13905
receiving public assistance, if circumstances indicate that the	13906
child's health or welfare is threatened.	13907

(H) As used in this section:

13908

(1) "Community control sanction" has the same meaning as in	13909
section 2929.01 of the Revised Code.	13910

(2) "Post-release control sanction" has the same meaning as	13911
in section 2967.01 of the Revised Code.	13912

Sec. 5101.45.  The necessary expenses of such officers and	13913
employees of the state, county, and municipal boards, benevolent	13914
and correctional institutions, officials responsible for the	13915
administration of public funds used for the relief and maintenance	13916
of the poor, officials authorized to administer probation laws on	13917
community control sanctions, and members of the boards of county	13918
visitors as are invited by the department of job and family	13919
services to the conferences provided for in section 5101.44 of the	13920
Revised Code, shall be paid from any fund available for their	13921
respective offices, boards, and institutions, provided they first	13922
procure a certificate from the director of job and family services	13923
as evidence that they were invited to and were in attendance at	13924
the sessions of such conferences.	13925

As used in this section, "community control sanction" has the	13926
same meaning as in section 2929.01 of the Revised Code.	13927

Sec. 5119.14.  (A) As used in this section, "felony" has the	13928
same meaning as in section 109.511 of the Revised Code.	13929

(B)(1) Subject to division (C) of this section, upon the	13930
recommendation of the director of mental health, the managing	13931
officer of an institution under the jurisdiction of the department	13932
of mental health may designate one or more employees to be special	13933
police officers of the department. The special police officers	13934
shall take an oath of office, wear the badge of office, and give	13935
bond for the proper and faithful discharge of their duties in an	13936
amount that the director requires.	13937

(2) In accordance with section 109.77 of the Revised Code,	13938
the special police officers shall be required to complete	13939
successfully a peace officer basic training program approved by	13940
the Ohio peace officer training commission and to be certified by	13941
the commission. The cost of the training shall be paid by the	13942
department of mental health.	13943

(3) Special police officers police officers, on the premises	13944
of institutions under the jurisdiction of the department of mental	13945
health and subject to the rules of the department, shall protect	13946
the property of the institutions and the persons and property of	13947
patients in the institutions, suppress riots, disturbances, and	13948
breaches of the peace, and enforce the laws of the state and the	13949
rules of the department for the preservation of good order. They	13950
may arrest any person without a warrant and detain the person	13951
until a warrant can be obtained under the circumstances described	13952
in division (F) of section 2935.03 of the Revised Code.	13953

(C)(1) The managing officer of an institution under the	13954
jurisdiction of the department of mental health shall not	13955
designate an employee as a special police officer of the	13956
department pursuant to division (B)(1) of this section on a	13957
permanent basis, on a temporary basis, for a probationary term, or	13958
on other than a permanent basis if the employee previously has	13959
been convicted of or has pleaded guilty to a felony.	13960

(2)(a) The managing officer of an institution under the	13961
jurisdiction of the department of mental health shall terminate	13962
the employment as a special police officer of the department of an	13963
employee designated as a special police officer under division	13964
(B)(1) of this section if that employee does either of the	13965
following:	13966

(i) Pleads guilty to a felony;

13967

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	13968
plea agreement as provided in division (D) of section 2929.29	13969
2929.43 of the Revised Code in which the employee agrees to	13970
surrender the certificate awarded to that employee under section	13971
109.77 of the Revised Code.	13972

(b) The managing officer shall suspend from employment as a	13973
special police officer of the department an employee designated as	13974
a special police officer under division (B)(1) of this section if	13975
that employee is convicted, after trial, of a felony. If the	13976
special police officer files an appeal from that conviction and	13977
the conviction is upheld by the highest court to which the appeal	13978
is taken or if the special police officer does not file a timely	13979
appeal, the managing officer shall terminate the employment of	13980
that special police officer. If the special police officer files	13981
an appeal that results in that special police officer's acquittal	13982
of the felony or conviction of a misdemeanor, or in the dismissal	13983
of the felony charge against that special police officer, the	13984
managing officer shall reinstate that special police officer. A	13985
special police officer of the department who is reinstated under	13986
division (C)(2)(b) of this section shall not receive any back pay	13987
unless that special police officer's conviction of the felony was	13988
reversed on appeal, or the felony charge was dismissed, because	13989
the court found insufficient evidence to convict the special	13990
police officer of the felony.	13991

(3) Division (C) of this section does not apply regarding an	13992
offense that was committed prior to January 1, 1997.	13993

(4) The suspension from employment, or the termination of	13994
the employment, of a special police officer under division (C)(2)	13995
of this section shall be in accordance with Chapter 119. of the	13996
Revised Code.	13997

Sec. 5120.10.  (A)(1) The director of rehabilitation and	13998
correction, by rule, shall promulgate minimum standards for jails	13999
in Ohio, including minimum security jails dedicated under section	14000
341.34 or 753.21 of the Revised Code. Whenever the director files	14001
a rule or an amendment to a rule in final form with both the	14002
secretary of state and the director of the legislative service	14003
commission pursuant to section 111.15 of the Revised Code, the	14004
director of rehabilitation and correction promptly shall send a	14005
copy of the rule or amendment, if the rule or amendment pertains	14006
to minimum jail standards, by ordinary mail to the political	14007
subdivisions or affiliations of political subdivisions that	14008
operate jails to which the standards apply.	14009

(2) The rules promulgated in accordance with division (A)(1)	14010
of this section shall serve as criteria for the investigative and	14011
supervisory powers and duties vested by division (D) of this	14012
section in the division of parole and community services of the	14013
department of rehabilitation and correction or in another division	14014
of the department to which those powers and duties are assigned.	14015

(B) The director may initiate an action in the court of	14016
common pleas of the county in which a facility that is subject to	14017
the rules promulgated under division (A)(1) of this section is	14018
situated to enjoin compliance with the minimum standards for jails	14019
or with the minimum standards and minimum renovation,	14020
modification, and construction criteria for minimum security	14021
jails.	14022

(C) Upon the request of an administrator of a jail facility,	14023
the chief executive of a municipal corporation, or a board of	14024
county commissioners, the director of rehabilitation and	14025
correction or the director's designee shall grant a variance from	14026
the minimum standards for jails in Ohio for a facility that is	14027
subject to one of those minimum standards when the director	14028
determines that strict compliance with the minimum standards would	14029
cause unusual, practical difficulties or financial hardship, that	14030
existing or alternative practices meet the intent of the minimum	14031
standards, and that granting a variance would not seriously affect	14032
the security of the facility, the supervision of the inmates, or	14033
the safe, healthful operation of the facility. If the director or	14034
the director's designee denies a variance, the applicant may	14035
appeal the denial pursuant to section 119.12 of the Revised Code.	14036

(D) The following powers and duties shall be exercised by	14037
the division of parole and community services unless assigned to	14038
another division by the director:	14039

(1) The investigation and supervision of county and	14040
municipal jails, workhouses, minimum security jails, and other	14041
correctional institutions and agencies;	14042

(2) The review and approval of plans submitted to the	14043
department of rehabilitation and correction pursuant to division	14044
(E) of this section;	14045

(3) The management and supervision of the adult parole	14046
authority created by section 5149.02 of the Revised Code;	14047

(4) The review and approval of proposals for community-based	14048
correctional facilities and programs and district community-based	14049
correctional facilities and programs that are submitted pursuant	14050
to division (B) of section 2301.51 of the Revised Code;	14051

(5) The distribution of funds made available to the division	14052
for purposes of assisting in the renovation, maintenance, and	14053
operation of community-based correctional facilities and programs	14054
and district community-based correctional facilities and programs	14055
in accordance with section 5120.112 of the Revised Code;	14056

(6) The performance of the duty imposed upon the department	14057
of rehabilitation and correction in section 5149.31 of the Revised	14058
Code to establish and administer a program of subsidies to	14059
eligible municipal corporations, counties, and groups of	14060
contiguous counties for the development, implementation, and	14061
operation of community-based corrections programs;	14062

(7) Licensing halfway houses and community residential	14063
centers for the care and treatment of adult offenders in	14064
accordance with section 2967.14 of the Revised Code;	14065

(8) Contracting with a public or private agency or a	14066
department or political subdivision of the state that operates a	14067
licensed halfway house or community residential center for the	14068
provision of housing, supervision, and other services to parolees,	14069
releasees, persons placed under a residential sanction, persons	14070
under transitional control, and probationersother eligible	14071
offenders in accordance with section 2967.14 of the Revised Code.	14072

Other powers and duties may be assigned by the director of	14073
rehabilitation and correction to the division of parole and	14074
community services. This section does not apply to the department	14075
of youth services or its institutions or employees.	14076

(E) No plan for any new jail, workhouse, or lockup, and no	14077
plan for a substantial addition or alteration to an existing jail,	14078
workhouse, or lockup, shall be adopted unless the officials	14079
responsible for adopting the plan have submitted the plan to the	14080
department of rehabilitation and correction for approval, and the	14081
department has approved the plan as provided in division (D)(2) of	14082
this section.	14083

Sec. 5120.102.  As used in sections 5120.102 to 5120.105 of	14084
the Revised Code:	14085

(A) "Private, nonprofit organization" means a private	14086
association, organization, corporation, or other entity that is	14087
exempt from federal income taxation under section 501(a) and is	14088
described in section 501(c) of the "Internal Revenue Code of	14089
1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended.	14090

(B) "Governmental agency" means a state agency; a municipal	14091
corporation, county, township, other political subdivision or	14092
special district in this state established by or pursuant to law,	14093
or a combination of those political subdivisions or special	14094
districts; the United States or a department, division, or agency	14095
of the United States; or an agency, commission, or authority	14096
established pursuant to an interstate compact or agreement.	14097

(C) "State agency" means the state or one of its branches,	14098
offices, boards, commissions, authorities, departments, divisions,	14099
or other units or agencies of the state.	14100

(D) "Halfway house organization" means a private, nonprofit	14101
organization or a governmental agency that provides programs or	14102
activities in areas directly concerned with housing and monitoring	14103
offenders who are under the community supervision of the	14104
department of rehabilitation and correction or whom a court places	14105
in a halfway house pursuant to section 2929.16 or2929.26 of the	14106
Revised Code.	14107

(E) "Halfway house facility" means a capital facility in this	14108
state to which all of the following apply:	14109

(1) The construction of the capital facility is authorized	14110
or funded by the general assembly pursuant to division (C) of	14111
section 5120.105 of the Revised Code.	14112

(2) The state owns or has a sufficient real property	14113
interest in the capital facility or in the site of the capital	14114
facility for a period of not less than the greater of the useful	14115
life of the capital facility, as determined by the director of	14116
budget and management using the guidelines for maximum maturities	14117
as provided under divisions (B), (C), and (E) of section 133.20 of	14118
the Revised Code and certified to the department of rehabilitation	14119
and correction and the Ohio building authority, or the final	14120
maturity of obligations issued by the Ohio building authority to	14121
finance the capital facility.	14122

(3) The capital facility is managed directly by, or by	14123
contract with, the department of rehabilitation and correction and	14124
is used for housing offenders who are under the community	14125
supervision of the department of rehabilitation and correction or	14126
whom a court places in a halfway house pursuant to section 2929.16	14127
or2929.26 of the Revised Code.	14128

(F) "Construction" includes acquisition, demolition,	14129
reconstruction, alteration, renovation, remodeling, enlargement,	14130
improvement, site improvements, and related equipping and	14131
furnishing.	14132

(G) "General building services" means general building	14133
services for a halfway house facility that include, but are not	14134
limited to, general custodial care, security, maintenance, repair,	14135
painting, decoration, cleaning, utilities, fire safety, grounds	14136
and site maintenance and upkeep, and plumbing.	14137

(H) "Manage," "operate," or "management" means the provision	14138
of, or the exercise of control over the provision of, activities	14139
that relate to the housing of offenders in correctional	14140
facilities, including, but not limited to, providing for release	14141
services for offenders who are under the community supervision of	14142
the department of rehabilitation and correction or are placed by a	14143
court in a halfway house pursuant to section 2929.16 or2929.26 of	14144
the Revised Code, and who reside in halfway house facilities.	14145

Sec. 5120.103.  (A) To the extent that funds are available,	14146
the department of rehabilitation and correction, in accordance	14147
with this section and sections 5120.104 and 5120.105 of the	14148
Revised Code, may construct or provide for the construction of	14149
halfway house facilities for offenders whom a court places in a	14150
halfway house pursuant to section 2929.16 or2929.26 of the	14151
Revised Code or who are eligible for community supervision by the	14152
department of rehabilitation and correction.	14153

(B) A halfway house organization that seeks to assist in the	14154
program planning of a halfway house facility described in division	14155
(A) of this section shall file an application with the director of	14156
rehabilitation and correction as set forth in a request for	14157
proposal. Upon the submission of an application, the division of	14158
parole and community services shall review it and, if the division	14159
believes it is appropriate, shall submit a recommendation for its	14160
approval to the director. When the division submits a	14161
recommendation for approval of an application, the director may	14162
approve the application. The director shall not take action or	14163
fail to take action, or permit the taking of action or the failure	14164
to take action, with respect to halfway house facilities that	14165
would adversely affect the exclusion of interest on public	14166
obligations or on fractionalized interests in public obligations	14167
from gross income for federal income tax purposes, or the	14168
classification or qualification of the public obligations or the	14169
interest on or fractionalized interests in public obligations for,	14170
or their exemption from, other treatment under the Internal	14171
Revenue Code.	14172

(C) The director of rehabilitation and correction and the	14173
halfway house organization may enter into an agreement	14174
establishing terms for the program planning of the halfway house	14175
facility. Any terms so established shall conform to the terms of	14176
any covenant or agreement pertaining to an obligation from which	14177
the funds used for the construction of the halfway house facility	14178
are derived.	14179

(D) The director of rehabilitation and correction, in	14180
accordance with Chapter 119. of the Revised Code, shall adopt	14181
rules that specify procedures by which a halfway house	14182
organization may apply for a contract for program planning of a	14183
halfway house facility constructed under this section, procedures	14184
for the department to follow in considering an application,	14185
criteria for granting approval of an application, and any other	14186
rules that are necessary for the selection of program planners of	14187
a halfway house facility.	14188

Sec. 5120.56.  (A) As used in sections 5120.56 to 5120.58	14189
of the Revised Code:	14190

(1) "Ancillary services" means services provided to an	14191
offender as necessary for the particular circumstances of the	14192
offender's personal supervision, including, but not limited to,	14193
specialized counseling, testing, or other services not included in	14194
the calculation of residential or supervision costs.	14195

(2) "Cost debt" means a cost of incarceration or supervision	14196
that may be assessed against and collected from an offender as a	14197
debt to the state as described in division (D) of this section.	14198

(3) "Detention facility" means any place used for the	14199
confinement of a person charged with or convicted of any crime.	14200

(4) "Offender" means any inmate, parolee, probationerperson	14201
placed under a community control sanction, releasee, or other	14202
person who has been convicted of or pleaded guilty to any felony	14203
or misdemeanor and is sentenced to any of the following:	14204

(a) A term of imprisonment, a prison term, a jail term, or	14205
another type of confinement in a detention facility;	14206

(b) Participation in another correctional program in lieu of	14207
incarceration.	14208

(5) "Community control sanction," "prison term," and "jail	14209
term" have the same meanings as in section 2929.01 of the Revised	14210
Code.	14211

(6) "Parolee" and "releasee" have the same meanings as in	14212
section 2967.01 of the Revised Code.	14213

(B) The department of rehabilitation and correction may	14214
recover from an offender who is in its custody or under its	14215
supervision any cost debt described in division (D) of this	14216
section. To satisfy a cost debt described in that division that	14217
relates to an offender, the department may apply directly assets	14218
that are in the department's possession and that are being held	14219
for that offender without further proceedings in aid of execution,	14220
and, if assets belonging to or subject to the direction of that	14221
offender are in the possession of a third party, the department	14222
may request the attorney general to initiate proceedings to	14223
collect the assets from the third party to satisfy the cost debt.	14224

(C) Except as otherwise provided in division (E) or (G) of	14225
this section, all of the following assets of an offender shall be	14226
subject to attachment, collection, or application toward the cost	14227
debts described in division (D) of this section that are to be	14228
recovered under division (B) of this section:	14229

(1) Subject to division (E) of this section, any pay the	14230
offender receives from the state;	14231

(2) Subject to division (E) of this section, any funds the	14232
offender receives from persons on an approved visitor list;	14233

(3) Any liquid assets belonging to the offender and in the	14234
custody of the department;	14235

(4) Any assets the offender acquires or any other income the	14236
offender earns subsequent to the offender's commitment.	14237

(D) Costs of incarceration or supervision that may be	14238
assessed against and collected from an offender under division (B)	14239
of this section as a debt to the state shall include, but are not	14240
limited to, all of the following costs that accrue while the	14241
offender is in the custody or under the supervision of the	14242
department:	14243

(1) Any user fee or copayment for services at a detention	14244
facility or housing facility, including, but not limited to, a fee	14245
or copayment for sick call visits;	14246

(2) Assessment for damage to or destruction of property in a	14247
detention facility subsequent to commitment;	14248

(3) Restitution to an offender or to a staff member of a	14249
state correctional institution for theft, loss, or damage to the	14250
personal property of the offender or staff member;	14251

(4) The cost of housing and feeding the offender in a	14252
detention facility;	14253

(5) The cost of supervision of the offender;

14254

(6) The cost of any ancillary services provided to the	14255
offender;	14256

(7) The cost of any medical care provided to the offender.

14257

(E) The cost of housing and feeding an offender in a state	14258
correctional institution shall not be collected from a payment	14259
made to the offender for performing an activity at a state job or	14260
assignment that pays less than the minimum wage or from money the	14261
offender receives from visitors, unless the combined assets in the	14262
offender's institution personal account exceed, at any time, one	14263
hundred dollars. If the combined assets in that account exceed	14264
one hundred dollars, the cost of housing and feeding the offender	14265
may be collected from the amount in excess of one hundred dollars.	14266

(F)(1) The department shall adopt rules pursuant to section	14267
111.15 of the Revised Code to implement the requirements of this	14268
section.	14269

(2) The rules adopted under division (F)(1) of this section	14270
shall include, but are not limited to, rules that establish or	14271
contain all of the following:	14272

(a) A process for ascertaining the items of cost to be	14273
assessed against an offender;	14274

(b) Subject to division (F)(3) of this section, a process by	14275
which the offender shall have the opportunity to respond to the	14276
assessment of costs under division (B) of this section and to	14277
contest any item of cost in the department's calculation or as it	14278
applies to the offender;	14279

(c) A requirement that the offender be notified, in writing,	14280
of a final decision to collect or apply the offender's assets	14281
under division (B) of this section and that the notification be	14282
provided after the offender has had an opportunity to contest the	14283
application or collection;	14284

(d) Criteria for evaluating an offender's ongoing, permanent	14285
injury and evaluating the ability of that type of offender to	14286
provide for the offender after incarceration.	14287

(3) The rules adopted under division (F)(1) of this section	14288
may allow the collection of a cost debt as a flat fee or over time	14289
in installments. If the cost debt is to be collected over time in	14290
installments, the rules are not required to permit the offender an	14291
opportunity to contest the assessment of each installment. The	14292
rules may establish a standard fee to apply to all offenders who	14293
receive a particular service.	14294

(G) The department shall not collect cost debts or apply	14295
offender assets toward a cost debt under division (B) of this	14296
section if, due to an ongoing, permanent injury, the collection or	14297
application would unjustly limit the offender's ability to provide	14298
for the offender after incarceration.	14299

(H) If an offender acquires assets after the offender is	14300
convicted of or pleads guilty to an offense and if the transferor	14301
knows of the offender's status as an offender, the transferor	14302
shall notify the department in advance of the transfer.	14303

(I) There is hereby created in the state treasury the	14304
offender financial responsibility fund. All moneys collected by	14305
or on behalf of the department under this section, and all moneys	14306
currently in the department's custody that are applied to satisfy	14307
an allowable cost debt under this section, shall be deposited into	14308
the fund. The department may expend moneys in the fund for goods	14309
and services of the same type as those for which offenders are	14310
assessed pursuant to this section.	14311

Sec. 5122.01.  As used in this chapter and Chapter 5119. of	14312
the Revised Code:	14313

(A) "Mental illness" means a substantial disorder of thought,	14314
mood, perception, orientation, or memory that grossly impairs	14315
judgment, behavior, capacity to recognize reality, or ability to	14316
meet the ordinary demands of life.	14317

(B) "Mentally ill person subject to hospitalization by court	14318
order" means a mentally ill person who, because of the person's	14319
illness:	14320

(1) Represents a substantial risk of physical harm to self	14321
as manifested by evidence of threats of, or attempts at, suicide	14322
or serious self-inflicted bodily harm;	14323

(2) Represents a substantial risk of physical harm to others	14324
as manifested by evidence of recent homicidal or other violent	14325
behavior, evidence of recent threats that place another in	14326
reasonable fear of violent behavior and serious physical harm, or	14327
other evidence of present dangerousness;	14328

(3) Represents a substantial and immediate risk of serious	14329
physical impairment or injury to self as manifested by evidence	14330
that the person is unable to provide for and is not providing for	14331
the person's basic physical needs because of the person's mental	14332
illness and that appropriate provision for those needs cannot be	14333
made immediately available in the community; or	14334

(4) Would benefit from treatment in a hospital for histhe	14335
person's mental illness and is in need of such treatment as	14336
manifested by evidence of behavior that creates a grave and	14337
imminent risk to substantial rights of others or himselfthe	14338
person.	14339

(C)(1) "Patient" means, subject to division (C)(2) of this	14340
section, a person who is admitted either voluntarily or	14341
involuntarily to a hospital or other place under section 2945.39,	14342
2945.40, 2945.401, or 2945.402 of the Revised Code subsequent to a	14343
finding of not guilty by reason of insanity or incompetence to	14344
stand trial or under this chapter, who is under observation or	14345
receiving treatment in such place.	14346

(2) "Patient" does not include a person admitted to a	14347
hospital or other place under section 2945.39, 2945.40, 2945.401,	14348
or 2945.402 of the Revised Code to the extent that the reference	14349
in this chapter to patient, or the context in which the reference	14350
occurs, is in conflict with any provision of sections 2945.37 to	14351
2945.402 of the Revised Code.	14352

(D) "Licensed physician" means a person licensed under the	14353
laws of this state to practice medicine or a medical officer of	14354
the government of the United States while in this state in the	14355
performance of the person's official duties.	14356

(E) "Psychiatrist" means a licensed physician who has	14357
satisfactorily completed a residency training program in	14358
psychiatry, as approved by the residency review committee of the	14359
American medical association, the committee on post-graduate	14360
education of the American osteopathic association, or the American	14361
osteopathic board of neurology and psychiatry, or who on July 1,	14362
1989, has been recognized as a psychiatrist by the Ohio state	14363
medical association or the Ohio osteopathic association on the	14364
basis of formal training and five or more years of medical	14365
practice limited to psychiatry.	14366

(F) "Hospital" means a hospital or inpatient unit licensed by	14367
the department of mental health under section 5119.20 of the	14368
Revised Code, and any institution, hospital, or other place	14369
established, controlled, or supervised by the department under	14370
Chapter 5119. of the Revised Code.	14371

(G) "Public hospital" means a facility that is tax-supported	14372
and under the jurisdiction of the department of mental health.	14373

(H) "Community mental health agency" means any agency,	14374
program, or facility with which a board of alcohol, drug	14375
addiction, and mental health services contracts to provide the	14376
mental health services listed in section 340.09 of the Revised	14377
Code.	14378

(I) "Licensed clinical psychologist" means a person who holds	14379
a current valid psychologist license issued under section 4732.12	14380
or 4732.15 of the Revised Code, and in addition, meets either of	14381
the following criteria:	14382

(1) Meets the educational requirements set forth in division	14383
(B) of section 4732.10 of the Revised Code and has a minimum of	14384
two years' full-time professional experience, or the equivalent as	14385
determined by rule of the state board of psychology, at least one	14386
year of which shall be post-doctoral, in clinical psychological	14387
work in a public or private hospital or clinic or in private	14388
practice, diagnosing and treating problems of mental illness or	14389
mental retardation under the supervision of a psychologist who is	14390
licensed or who holds a diploma issued by the American board of	14391
professional psychology, or whose qualifications are substantially	14392
similar to those required for licensure by the state board of	14393
psychology when the supervision has occurred prior to enactment of	14394
laws governing the practice of psychology;	14395

(2) Meets the educational requirements set forth in division	14396
(B) of section 4732.15 of the Revised Code and has a minimum of	14397
four years' full-time professional experience, or the equivalent	14398
as determined by rule of the state board of psychology, in	14399
clinical psychological work in a public or private hospital or	14400
clinic or in private practice, diagnosing and treating problems of	14401
mental illness or mental retardation under supervision, as set	14402
forth in division (I)(1) of this section.	14403

(J) "Health officer" means any public health physician;	14404
public health nurse; or other person authorized by or designated	14405
by a city health district; a general health district; or a board	14406
of alcohol, drug addiction, and mental health services to perform	14407
the duties of a health officer under this chapter.	14408

(K) "Chief clinical officer" means the medical director of a	14409
hospital, or a community mental health agency, or a board of	14410
alcohol, drug addiction, and mental health services, or, if there	14411
is no medical director, the licensed physician responsible for the	14412
treatment a hospital or community mental health agency provides.	14413
The chief clinical officer may delegate to the attending physician	14414
responsible for a patient's care the duties imposed on the chief	14415
clinical officer by this chapter. Within a community mental	14416
health agency, the chief clinical officer shall be designated by	14417
the governing body of the agency and shall be a licensed physician	14418
or licensed clinical psychologist who supervises diagnostic and	14419
treatment services. A licensed physician or licensed clinical	14420
psychologist designated by the chief clinical officer may perform	14421
the duties and accept the responsibilities of the chief clinical	14422
officer in histhe chief clinical officer's absence.	14423

(L) "Working day" or "court day" means Monday, Tuesday,	14424
Wednesday, Thursday, and Friday, except when such day is a	14425
holiday.	14426

(M) "Indigent" means unable without deprivation of	14427
satisfaction of basic needs to provide for the payment of an	14428
attorney and other necessary expenses of legal representation,	14429
including expert testimony.	14430

(N) "Respondent" means the person whose detention,	14431
commitment, hospitalization, continued hospitalization or	14432
commitment, or discharge is being sought in any proceeding under	14433
this chapter.	14434

(O) "Legal rights service" means the service established	14435
under section 5123.60 of the Revised Code.	14436

(P) "Independent expert evaluation" means an evaluation	14437
conducted by a licensed clinical psychologist, psychiatrist, or	14438
licensed physician who has been selected by the respondent or his	14439
the respondent's counsel and who consents to conducting the	14440
evaluation.	14441

(Q) "Court" means the probate division of the court of common	14442
pleas.	14443

(R) "Expunge" means:

14444

(1) The removal and destruction of court files and records,	14445
originals and copies, and the deletion of all index references;	14446

(2) The reporting to the person of the nature and extent of	14447
any information about himthe person transmitted to any other	14448
person by the court;	14449

(3) Otherwise insuring that any examination of court files	14450
and records in question shall show no record whatever with respect	14451
to the person;	14452

(4) That all rights and privileges are restored, and that	14453
the person, the court, and any other person may properly reply	14454
that no such record exists, as to any matter expunged.	14455

(S) "Residence" means a person's physical presence in a	14456
county with intent to remain there, except that:	14457

(1) If a person is receiving a mental health service at a	14458
facility that includes nighttime sleeping accommodations,	14459
residence means that county in which the person maintained histhe	14460
person's primary place of residence at the time hethe person	14461
entered the facility;	14462

(2) If a person is committed pursuant to section 2945.38,	14463
2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code,	14464
residence means the county where the criminal charges were filed.	14465

When the residence of a person is disputed, the matter of	14466
residence shall be referred to the department of mental health for	14467
investigation and determination. Residence shall not be a basis	14468
for a board's denying services to any person present in the	14469
board's service district, and the board shall provide services for	14470
a person whose residence is in dispute while residence is being	14471
determined and for a person in an emergency situation.	14472

(T) "Admission" to a hospital or other place means that a	14473
patient is accepted for and stays at least one night at the	14474
hospital or other place.	14475

(U) "Prosecutor" means the prosecuting attorney, village	14476
solicitor, city director of law, or similar chief legal officer	14477
who prosecuted a criminal case in which a person was found not	14478
guilty by reason of insanity, who would have had the authority to	14479
prosecute a criminal case against a person if the person had not	14480
been found incompetent to stand trial, or who prosecuted a case in	14481
which a person was found guilty.	14482

(V) "Treatment plan" means a written statement of reasonable	14483
objectives and goals for an individual established by the	14484
treatment team, with specific criteria to evaluate progress	14485
towards achieving those objectives. The active participation of	14486
the patient in establishing the objectives and goals shall be	14487
documented. The treatment plan shall be based on patient needs	14488
and include services to be provided to the patient while hethe	14489
patient is hospitalized and after hethe patient is discharged.	14490
The treatment plan shall address services to be provided upon	14491
discharge, including but not limited to housing, financial, and	14492
vocational services.	14493

(W)"Community control sanction" has the same meaning as in	14494
section 2929.01 of the Revised Code.	14495

(X) "Post-release control sanction" has the same meaning as	14496
in section 2967.01 of the Revised Code.	14497

Sec. 5122.10.  Any psychiatrist, licensed clinical	14498
psychologist, licensed physician, health officer, parole officer,	14499
police officer, or sheriff may take a person into custody, or the	14500
chief of the adult parole authority or a parole or probation	14501
officer with the approval of the chief of the authority may take a	14502
parolee, probationer,an offender onunder a community control	14503
sanction or a post-release control sanction, or an offender under	14504
transitional control into custody and may immediately transport	14505
the parolee, probationer, offender on community control or	14506
post-release control, or offender under transitional control to a	14507
hospital or, notwithstanding section 5119.20 of the Revised Code,	14508
to a general hospital not licensed by the department of mental	14509
health where the parolee, probationer, offender on community	14510
control or post-release control, or offender under transitional	14511
control may be held for the period prescribed in this section, if	14512
the psychiatrist, licensed clinical psychologist, licensed	14513
physician, health officer, parole officer, police officer, or	14514
sheriff has reason to believe that the person is a mentally ill	14515
person subject to hospitalization by court order under division	14516
(B) of section 5122.01 of the Revised Code, and represents a	14517
substantial risk of physical harm to self or others if allowed to	14518
remain at liberty pending examination.	14519

A written statement shall be given to such hospital by the	14520
transporting psychiatrist, licensed clinical psychologist,	14521
licensed physician, health officer, parole officer, police	14522
officer, chief of the adult parole authority, parole or probation	14523
officer, or sheriff stating the circumstances under which such	14524
person was taken into custody and the reasons for the	14525
psychiatrist's, licensed clinical psychologist's, licensed	14526
physician's, health officer's, parole officer's, police officer's,	14527
chief of the adult parole authority's, parole or probation	14528
officer's, or sheriff's belief. This statement shall be made	14529
available to the respondent or the respondent's attorney upon	14530
request of either.	14531

Every reasonable and appropriate effort shall be made to take	14532
persons into custody in the least conspicuous manner possible. A	14533
person taking the respondent into custody pursuant to this section	14534
shall explain to the respondent: the name, professional	14535
designation, and agency affiliation of the person taking the	14536
respondent into custody; that the custody-taking is not a criminal	14537
arrest; and that the person is being taken for examination by	14538
mental health professionals at a specified mental health facility	14539
identified by name.	14540

If a person taken into custody under this section is	14541
transported to a general hospital, the general hospital may admit	14542
the person, or provide care and treatment for the person, or both,	14543
notwithstanding section 5119.20 of the Revised Code, but by the	14544
end of twenty-four hours after arrival at the general hospital,	14545
the person shall be transferred to a hospital as defined in	14546
section 5122.01 of the Revised Code.	14547

A person transported or transferred to a hospital or	14548
community mental health agency under this section shall be	14549
examined by the staff of the hospital or agency within twenty-four	14550
hours after arrival at the hospital or agency. If to conduct the	14551
examination requires that the person remain overnight, the	14552
hospital or agency shall admit the person in an unclassified	14553
status until making a disposition under this section. After the	14554
examination, if the chief clinical officer of the hospital or	14555
agency believes that the person is not a mentally ill person	14556
subject to hospitalization by court order, the chief clinical	14557
officer shall release or discharge the person immediately unless a	14558
court has issued a temporary order of detention applicable to the	14559
person under section 5122.11 of the Revised Code. After the	14560
examination, if the chief clinical officer believes that the	14561
person is a mentally ill person subject to hospitalization by	14562
court order, the chief clinical officer may detain the person for	14563
not more than three court days following the day of the	14564
examination and during such period admit the person as a voluntary	14565
patient under section 5122.02 of the Revised Code or file an	14566
affidavit under section 5122.11 of the Revised Code. If neither	14567
action is taken and a court has not otherwise issued a temporary	14568
order of detention applicable to the person under section 5122.11	14569
of the Revised Code, the chief clinical officer shall discharge	14570
the person at the end of the three-day period unless the person	14571
has been sentenced to the department of rehabilitation and	14572
correction and has not been released from the person's sentence,	14573
in which case the person shall be returned to that department.	14574

Sec. 5122.21.  (A) The chief clinical officer shall as	14575
frequently as practicable, and at least once every thirty days,	14576
examine or cause to be examined every patient, and, whenever the	14577
chief clinical officer determines that the conditions justifying	14578
involuntary hospitalization or commitment no longer obtain, shall,	14579
except as provided in division (C) of this section, discharge the	14580
patient not under indictment or conviction for crime and	14581
immediately make a report of the discharge to the department of	14582
mental health. The chief clinical officer may discharge a patient	14583
who is under an indictment, a sentence of imprisonment, a	14584
community control sanction, or a post-release control sanction or	14585
on probation or parole ten days after written notice of intent to	14586
discharge the patient has been given by personal service or	14587
certified mail, return receipt requested, to the court having	14588
criminal jurisdiction over the patient. Except when the patient	14589
was found not guilty by reason of insanity and histhe defendant's	14590
commitment is pursuant to section 2945.40 of the Revised Code, the	14591
chief clinical officer has final authority to discharge a patient	14592
who is under an indictment, a sentence of imprisonment, a	14593
community control sanction, or a post-release control sanction or	14594
on probation or parole.	14595

(B) After a finding pursuant to section 5122.15 of the	14596
Revised Code that a person is a mentally ill person subject to	14597
hospitalization by court order, the chief clinical officer of the	14598
hospital or agency to which the person is ordered or to which the	14599
person is transferred under section 5122.20 of the Revised Code,	14600
may, except as provided in division (C) of this section, grant a	14601
discharge without the consent or authorization of any court.	14602

Upon discharge, the chief clinical officer shall notify the	14603
court that caused the judicial hospitalization of the discharge	14604
from the hospital.	14605

Sec. 5122.26.  (A) If a patient is absent without leave, on	14606
a verbal or written order issued within five days of the time of	14607
the unauthorized absence by the department of mental health, the	14608
chief clinical officer of the hospital from which the patient is	14609
absent without leave, or the court of either the county from which	14610
the patient was committed or in which the patient is found, any	14611
health or police officer or sheriff may take the patient into	14612
custody and transport the patient to the hospital in which the	14613
patient was hospitalized or to a place that is designated in the	14614
order. The officer immediately shall report such fact to the	14615
agency that issued the order.	14616

The chief clinical officer of a hospital may discharge a	14617
patient who is under an indictment, a sentence of imprisonment, a	14618
community control sanction, or a post-release control sanction or	14619
on probation or parole and who has been absent without leave for	14620
more than thirty days, but shall give written notice of the	14621
discharge to the court with criminal jurisdiction over the	14622
patient. The chief clinical officer of a hospital may discharge	14623
any other patient who has been absent without leave for more than	14624
fourteen days.	14625

The chief clinical officer shall take all proper measures for	14626
the apprehension of an escaped patient. The expense of the return	14627
of an escaped patient shall be borne by the hospital where the	14628
patient is hospitalized.	14629

(B)(1) Subject to division (B)(2) of this section, no	14630
patient hospitalized under Chapter 5122. of the Revised Code whose	14631
absence without leave was caused or contributed to by histhe	14632
patient's mental illness shall be subject to a charge of escape.	14633

(2) Division (B)(1) of this section does not apply to any	14634
person who was hospitalized, institutionalized, or confined in a	14635
facility under an order made pursuant to or under authority of	14636
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	14637
2945.402 of the Revised Code and who escapes from the facility,	14638
from confinement in a vehicle for transportation to or from the	14639
facility, or from supervision by an employee of the facility that	14640
is incidental to hospitalization, institutionalization, or	14641
confinement in the facility and that occurs outside the facility,	14642
in violation of section 2921.34 of the Revised Code.	14643

Sec. 5123.13.  (A) As used in this section, "felony" has the	14644
same meaning as in section 109.511 of the Revised Code.	14645

(B)(1) Subject to division (C) of this section, upon the	14646
recommendation of the director of mental retardation and	14647
developmental disabilities, the managing officer of an institution	14648
under the jurisdiction of the department of mental retardation and	14649
developmental disabilities may designate one or more employees to	14650
be special police officers of the department. The special police	14651
officers shall take an oath of office, wear the badge of office,	14652
and give bond for the proper and faithful discharge of their	14653
duties in an amount that the director requires.	14654

(2) In accordance with section 109.77 of the Revised Code,	14655
the special police officers shall be required to complete	14656
successfully a peace officer basic training program approved by	14657
the Ohio peace officer training commission and to be certified by	14658
the commission. The cost of the training shall be paid by the	14659
department of mental retardation and developmental disabilities.	14660

(3) Special police officers, on the premises of institutions	14661
under the jurisdiction of the department of mental retardation and	14662
developmental disabilities and subject to the rules of the	14663
department, shall protect the property of the institutions and the	14664
persons and property of patients in the institutions, suppress	14665
riots, disturbances, and breaches of the peace, and enforce the	14666
laws of the state and the rules of the department for the	14667
preservation of good order. They may arrest any person without a	14668
warrant and detain the person until a warrant can be obtained	14669
under the circumstances described in division (F) of section	14670
2935.03 of the Revised Code.	14671

(C)(1) The managing officer of an institution under the	14672
jurisdiction of the department of mental retardation and	14673
developmental disabilities shall not designate an employee as a	14674
special police officer of the department pursuant to division	14675
(B)(1) of this section on a permanent basis, on a temporary basis,	14676
for a probationary term, or on other than a permanent basis if the	14677
employee previously has been convicted of or has pleaded guilty to	14678
a felony.	14679

(2)(a) The managing officer of an institution under the	14680
jurisdiction of the department of mental retardation and	14681
developmental disabilities shall terminate the employment as a	14682
special police officer of the department of an employee designated	14683
as a special police officer under division (B)(1) of this section	14684
if that employee does either of the following:	14685

(i) Pleads guilty to a felony;

14686

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	14687
plea agreement as provided in division (D) of section 2929.29	14688
2929.43 of the Revised Code in which the employee agrees to	14689
surrender the certificate awarded to that employee under section	14690
109.77 of the Revised Code.	14691

(b) The managing officer shall suspend from employment as a	14692
special police officer of the department an employee designated as	14693
a special police officer under division (B)(1) of this section if	14694
that employee is convicted, after trial, of a felony. If the	14695
special police officer files an appeal from that conviction and	14696
the conviction is upheld by the highest court to which the appeal	14697
is taken or if the special police officer does not file a timely	14698
appeal, the managing officer shall terminate the employment of	14699
that special police officer. If the special police officer files	14700
an appeal that results in that special police officer's acquittal	14701
of the felony or conviction of a misdemeanor, or in the dismissal	14702
of the felony charge against that special police officer, the	14703
managing officer shall reinstate that special police officer. A	14704
special police officer of the department who is reinstated under	14705
division (C)(2)(b) of this section shall not receive any back pay	14706
unless that special police officer's conviction of the felony was	14707
reversed on appeal, or the felony charge was dismissed, because	14708
the court found insufficient evidence to convict the special	14709
police officer of the felony.	14710

(3) Division (C) of this section does not apply regarding an	14711
offense that was committed prior to January 1, 1997.	14712

(4) The suspension from employment, or the termination of	14713
the employment, of a special police officer under division (C)(2)	14714
of this section shall be in accordance with Chapter 119. of the	14715
Revised Code.	14716

Sec. 5147.12.  The labor or time of any person confined in	14717
any workhouse or jail shall not be let, farmed out, given, sold,	14718
or contracted to any person. Work performed under a work-release	14719
program authorized under section 5147.28 of the Revised Code is	14720
not in violation of this section.	14721

This section does not apply to any person serving a periodic	14722
sentence under division (A)(3)(B) of section 2929.512929.26 of	14723
the Revised Code, insofar as that person is engaged between	14724
periods of confinement in the person's regular trade or occupation	14725
for the support of the person or the person's family. This	14726
section does not apply to prisoners participating in a county jail	14727
industry program established under section 5147.30 of the Revised	14728
Code.	14729

Sec. 5147.30.  (A) As used in this section, "prisoner" means	14730
any person confined in the county jail in lieu of bail while	14731
awaiting trial, any person committed to jail for nonpayment of a	14732
fine, or any person sentenced by a court to the jail.	14733

(B) A board of county commissioners, by resolution adopted	14734
by a majority vote of its members, may approve the establishment	14735
of a county jail industry program for its county in accordance	14736
with this section.	14737

(C) Upon the adoption by the board of the resolution	14738
described in division (B) of this section, a jail industry board	14739
shall be established, consisting of three voting members appointed	14740
by the board of county commissioners, three voting members	14741
appointed by the county sheriff, and one voting member appointed	14742
jointly by the board of county commissioners and the county	14743
sheriff. One of these voting members shall have knowledge of and	14744
experience in the social services, one in the field of labor, one	14745
in law enforcement, and one in business. The initial appointments	14746
to the jail industry board shall be made on the same date. Of the	14747
initial appointments, one by the board of county commissioners and	14748
one by the county sheriff shall be for terms ending one year after	14749
the date of appointment, two by the board of county commissioners	14750
and two by the county sheriff shall be for terms ending two years	14751
after that date, and the joint appointment shall be for a term	14752
ending three years after that date. Thereafter, terms of office	14753
for all appointed members shall be for three years, with each term	14754
ending on the same day of the same month as did the term that it	14755
succeeds. Any vacancy on the board shall be filled in the same	14756
manner as the original appointment. Any member appointed to fill	14757
a vacancy occurring prior to the expiration date of the term for	14758
which the member's predecessor was appointed shall hold office as	14759
a member for the remainder of that term. Any member shall	14760
continue in office subsequent to the expiration date of the	14761
member's term until the member's successor takes office, or until	14762
a period of sixty days has elapsed, whichever occurs first.	14763

The jail industry board, by majority vote, may appoint	14764
additional persons to serve as nonvoting members of the board.	14765

Each member of the jail industry board shall be reimbursed	14766
for expenses actually and necessarily incurred in the performance	14767
of the member's duties as a board member. The board of county	14768
commissioners, by resolution, shall approve the expenses to be	14769
reimbursed.	14770

(D) A jail industry board established under division (C) of	14771
this section shall establish a program for the employment of as	14772
many prisoners as possible, except those unable to perform labor	14773
because of illness or other health problems, security	14774
requirements, routine processing, disciplinary action, or other	14775
reasonable circumstances or because they are engaged in education	14776
or vocational or other training. The employment may be in jail	14777
manufacturing and service industries and agriculture, in private	14778
industry or agriculture that is located within or outside the	14779
jail, in public works, in institutional jobs necessary for the	14780
proper maintenance and operation of the jail, or in any other	14781
appropriate form of labor. The county shall attempt to employ,	14782
provide employment for, and seek employment for as many prisoners	14783
as possible through the program. The county is not required to	14784
provide employment for every employable prisoner when the	14785
available funds, facilities, or jobs are insufficient to provide	14786
the employment; however, a county that has a county jail industry	14787
program shall continuously seek sources of employment for as many	14788
employable prisoners as possible.	14789

(E) The jail industry program established under division (D)	14790
of this section shall do all of the following:	14791

(1) Establish a system for assigning prisoners to perform	14792
jobs, for periodically evaluating the job performance of each	14793
prisoner, and for periodically evaluating the qualifications of	14794
each prisoner for other jobs;	14795

(2) Attempt to provide jobs and job training for prisoners	14796
that will be useful to them in obtaining employment when released,	14797
except that institutional jobs at the jail need not be related to	14798
any previous employment of the prisoner or relevant to any job the	14799
prisoner intends to pursue after release from jail;	14800

(3) Establish an accounting system to administer and	14801
allocate the earnings of each prisoner. The accounting system may	14802
permit earnings to be used for payment of the employee taxes and	14803
workers' compensation of the prisoner, for reimbursing the county	14804
for room and board and for the expense of providing employment to	14805
the prisoner, for restitution to the victims of the prisoner's	14806
offenses if the prisoner voluntarily requests or is under court	14807
order to make restitution payments, for fines and court costs, for	14808
support of the dependents of the prisoner, and for an account for	14809
the prisoner.	14810

(4) Require all persons who employ prisoners to meet all	14811
applicable work safety standards.	14812

(F) The jail industry board, with the approval of the county	14813
sheriff, shall adopt rules for the establishment and	14814
administration of the jail industry program. The rules shall	14815
provide for all of the following:	14816

(1) A procedure for seeking the employment of prisoners in	14817
penal industries and agriculture, in private industry and	14818
agriculture located within or outside the county jail, in public	14819
works, in institutional jobs necessary for the proper maintenance	14820
or operation of the county's institutions, and in other	14821
appropriate forms of labor;	14822

(2) A system of compensation, allowances, hours, conditions	14823
of employment, and advancement for prisoners employed in any form	14824
of labor;	14825

(3) The regulation of the working conditions of prisoners	14826
employed in any form of labor;	14827

(4) An accounting system for the allocation of the earnings	14828
of each prisoner;	14829

(5) Any other rules on any subject that are necessary to	14830
administer the program or to provide employment for as many	14831
prisoners as possible.	14832

(G) In establishing and administering a county jail industry	14833
program, the board of county commissioners, upon the	14834
recommendation of the jail industry board and the county sheriff	14835
may do any of the following:	14836

(1) Enter into contracts with private industry, agriculture,	14837
and other organizations or persons, and receive grants to	14838
establish test work programs within or outside institutions under	14839
the control of the county;	14840

(2) Enter into contracts with private industry for the	14841
establishment of manufacturing and service industries within or	14842
near institutions under the control of the county for the	14843
employment of prisoners;	14844

(3) Enter into contracts with private industry, agriculture,	14845
and other organizations or persons to provide employment for	14846
prisoners;	14847

(4) Enter into any other contracts or perform any other	14848
functions that are necessary for the county jail industry program.	14849

(H) The jail industry program established under division (D)	14850
of this section shall be administered in accordance with any rules	14851
adopted by the jail industry board pursuant to division (F) of	14852
this section and with the following requirements:	14853

(1) The county sheriff at all times shall be responsible for	14854
the security and discipline of the prisoners in the program. the	14855
sheriff shall adopt a procedure for the discipline of a prisoner	14856
who violates the requirements of a job in the program, and the	14857
sheriff may remove a prisoner from the program if the sheriff	14858
determines that considerations of security or discipline require	14859
it.	14860

(2) When the sentence imposed on a prisoner includes a	14861
specification pursuant to division (F)(E) of section 2929.21	14862
2929.24 of the Revised Code, authorizing the county sheriff to	14863
consider the prisoner for participation in the county jail	14864
industry program, the sheriff shall review the qualifications of	14865
the prisoner and determine whether the prisoner's participation in	14866
the program is appropriate.	14867

(3) When making the initial job assignment for a prisoner	14868
whom the county sheriff has approved for participation in the	14869
program, the board shall consider the nature of the offense	14870
committed by the prisoner, the availability of employment, the	14871
security requirements of the prisoner, the prisoner's present	14872
state of mind, the prisoner's jail record, and all other relevant	14873
factors. When making the initial job assignment of a prisoner,	14874
the board shall attempt to develop the work skills of the	14875
prisoner, provide the prisoner rehabilitation, consider the	14876
proximity of the job to the prisoner's family, and permit the	14877
prisoner to provide support for the prisoner's dependents if the	14878
prisoner's earnings are sufficient to make that feasible.	14879

(4) Each prisoner shall be required to perform	14880
satisfactorily the job to which the prisoner is assigned, be	14881
permitted to be absent from that job only for legitimate reasons,	14882
be required to comply with all security requirements, and be	14883
required to comply with any other reasonable job performance	14884
standards.	14885

(5) A prisoner who violates the work requirements of any job	14886
shall be disciplined pursuant to the disciplinary procedure	14887
adopted by the county sheriff pursuant to division (H)(1) of this	14888
section.	14889

Sec. 5149.03.  (A) The adult parole authority shall	14890
administer Chapter 5149. and the provisions of Chapter 2967.,	14891
Chapter 2971., and sections 2301.27 to 2301.32, 2941.46, 2951.05,	14892
2951.06, and 2951.08 of the Revised Code that impose duties upon	14893
the authority.	14894

The authority may enter into a written agreement with a	14895
person or government entity to share information, personnel, and	14896
services for one or more of the following purposes: training,	14897
crime interdiction, fugitive apprehension, and community	14898
supervision. The agreement may permit the authority to act in	14899
concert with and provide assistance to a law enforcement agency,	14900
as defined in section 5101.26 of the Revised Code, in detecting,	14901
tracking, apprehending, or detaining an individual subject to	14902
arrest.	14903

(B)(1) As used in division (B) of this section:

14904

(a) "Ohio prisoner" has the same meaning as in section	14905
5120.64 of the Revised Code.	14906

(b) "Out-of-state prisoner" and "private contractor" have	14907
the same meanings as in section 9.07 of the Revised Code.	14908

(2) The adult parole authority, in order to discharge its	14909
duties under Chapters 2967. and 5149. of the Revised Code, may	14910
enter into a contract with a private person or entity for the	14911
return of Ohio prisoners who are the responsibility of the	14912
department of rehabilitation and correction from outside of this	14913
state to a location in this state specified by the adult parole	14914
authority. If the adult parole authority enters into a contract	14915
as described in this division, subject to division (B)(3) of this	14916
section, the private person or entity in accordance with the	14917
contract may return Ohio prisoners from outside of this state to	14918
locations in this state specified by the adult parole authority. A	14919
contract entered into under this division shall include all of the	14920
following:	14921

(a) Specific provisions that assign the responsibility for	14922
costs related to medical care of prisoners while they are being	14923
returned that is not covered by insurance of the private person or	14924
entity;	14925

(b) Specific provisions that set forth the number of days,	14926
not exceeding ten, within which the private person or entity,	14927
after it receives the prisoner in the other state, must deliver	14928
the prisoner to the location in this state specified by the adult	14929
parole authority, subject to the exceptions adopted as described	14930
in division (B)(2)(c) of this section;	14931

(c) Any exceptions to the specified number of days for	14932
delivery specified as described in division (B)(2)(b) of this	14933
section;	14934

(d) A requirement that the private person or entity	14935
immediately report all escapes of prisoners who are being returned	14936
to this state, and the apprehension of all prisoners who are being	14937
returned and who have escaped, to the adult parole authority and	14938
to the local law enforcement agency of this state or another state	14939
that has jurisdiction over the place at which the escape occurs;	14940

(e) A schedule of fines that the adult parole authority	14941
shall impose upon the private person or entity if the private	14942
person or entity fails to perform its contractual duties, and a	14943
requirement that, if the private person or entity fails to perform	14944
its contractual duties, the adult parole authority shall impose a	14945
fine on the private person or entity from the schedule of fines	14946
and, in addition, may exercise any other rights it has under the	14947
contract.	14948

(f) If the contract is entered into on or after the	14949
effective date of the rules adopted by the department of	14950
rehabilitation and correction under section 5120.64 of the Revised	14951
Code, specific provisions that comport with all applicable	14952
standards that are contained in those rules.	14953

(3) If the private person or entity that enters into the	14954
contract fails to perform its contractual duties, the adult parole	14955
authority shall impose upon the private person or entity a fine	14956
from the schedule, the money paid in satisfaction of the fine	14957
shall be paid into the state treasury, and the adult parole	14958
authority may exercise any other rights it has under the contract.	14959
If a fine is imposed under this division, the adult parole	14960
authority may reduce the payment owed to the private person or	14961
entity pursuant to any invoice in the amount of the fine.	14962

(4) Upon the effective date of the rules adopted by the	14963
department of rehabilitation and correction under section 5120.64	14964
of the Revised Code, notwithstanding the existence of a contract	14965
entered into under division (B)(2) of this section, in no case	14966
shall the private person or entity that is a party to the contract	14967
return Ohio prisoners from outside of this state into this state	14968
for the adult parole authority unless the private person or entity	14969
complies with all applicable standards that are contained in the	14970
rules.	14971

(5) Divisions (B)(1) to (4) of this section do not apply	14972
regarding any out-of-state prisoner who is brought into this state	14973
to be housed pursuant to section 9.07 of the Revised Code in a	14974
correctional facility in this state that is managed and operated	14975
by a private contractor.	14976

Sec. 5149.18.  For the purposes of Chapter 5149. of the	14977
Revised Code, all of the following apply:	14978

(A) "State, states, or States" means one or several of the	14979
fifty states of the United States, Puerto Rico, the Virgin	14980
Islands, and the District of Columbia.	14981

(B) The term "parole" includes post-release control under	14982
section 2967.28 of the Revised Code.	14983

(C) The term "probation" includes non-prison sanctions	14984
imposed under sections 2929.16, 2929.17, and 2929.18 of the	14985
Revised Code and community control sanctions imposed under	14986
sections 2929.26, 2929.27, and 2929.28 of the Revised Code.	14987

Sec. 5149.31.  The department of rehabilitation and	14988
correction shall do all of the following:	14989

(A) Establish and administer a program of subsidies for	14990
eligible counties and groups of counties for felony offenders and	14991
a program of subsidies for eligible municipal corporations,	14992
counties, and groups of counties for misdemeanor offenders for the	14993
development, implementation, and operation of community	14994
corrections programs. Department expenditures for administration	14995
of both programs of subsidies shall not exceed ten per cent of the	14996
moneys appropriated for each of the purposes of this division.	14997

(B) Adopt and promulgate rules, under Chapter 119. of the	14998
Revised Code, providing standards for community corrections	14999
programs. The standards shall be designed to improve the quality	15000
and efficiency of the programs and to reduce the number of persons	15001
committed to state correctional institutions and to county,	15002
multicounty, municipal, municipal-county, or multicounty-municipal	15003
jails or workhouses for offenses for which community control	15004
sanctions are authorized under section 2929.13 or, 2929.15,or	15005
2929.25 of the Revised Code. In developing the standards, the	15006
department shall consult with, and seek the advice of, local	15007
corrections agencies, law enforcement agencies, and other public	15008
and private agencies concerned with corrections. The department	15009
shall conduct, and permit participation by local corrections	15010
planning boards established under section 5149.34 of the Revised	15011
Code and joint county corrections planning boards established	15012
under section 5149.35 of the Revised Code in, an annual review of	15013
the standards to measure their effectiveness in promoting the	15014
purposes specified in this division and shall amend or rescind any	15015
existing rule providing a standard or adopt and promulgate	15016
additional rules providing standards, under Chapter 119. of the	15017
Revised Code, if the review indicates that the standards fail to	15018
promote the purposes.	15019

(C) Accept and use any funds, goods, or services from the	15020
federal government or any other public or private source for the	15021
support of the subsidy programs established under division (A) of	15022
this section. The department may comply with any conditions and	15023
enter into any agreements that it considers necessary to obtain	15024
these funds, goods, or services.	15025

(D) Adopt rules, in accordance with Chapter 119. of the	15026
Revised Code, and do all other things necessary to implement	15027
sections 5149.30 to 5149.37 of the Revised Code;	15028

(E) Evaluate or provide for the evaluation of community	15029
corrections programs funded by the subsidy programs established	15030
under division (A) of this section and establish means of	15031
measuring their effectiveness;	15032

(F) Prepare an annual report evaluating the subsidy programs	15033
established under division (A) of this section. The report shall	15034
include, but need not be limited to, analyses of the structure of	15035
the programs and their administration by the department, the	15036
effectiveness of the programs in the development and	15037
implementation of community corrections programs, the specific	15038
standards adopted and promulgated under division (B) of this	15039
section and their effectiveness in promoting the purposes of the	15040
programs, and the findings of the evaluations conducted under	15041
division (E) of this section. The director of rehabilitation and	15042
correction shall review and certify the accuracy of the report and	15043
provide copies of it, upon request, to members of the general	15044
assembly.	15045

(G) Provide training or assistance, upon the request of a	15046
local corrections planning board or a joint county corrections	15047
planning board, to any local unit of government, subject to	15048
available resources of the department.	15049

Sec. 5321.01.  As used in this chapter:

15050

(A) "Tenant" means a person entitled under a rental agreement	15051
to the use and occupancy of residential premises to the exclusion	15052
of others.	15053

(B) "Landlord" means the owner, lessor, or sublessor of	15054
residential premises, the agent of the owner, lessor, or	15055
sublessor, or any person authorized by the owner, lessor, or	15056
sublessor to manage the premises or to receive rent from a tenant	15057
under a rental agreement.	15058

(C) "Residential premises" means a dwelling unit for	15059
residential use and occupancy and the structure of which it is a	15060
part, the facilities and appurtenances in it, and the grounds,	15061
areas, and facilities for the use of tenants generally or the use	15062
of which is promised the tenant. "Residential premises" includes a	15063
dwelling unit that is owned or operated by a college or	15064
university. "Residential premises" does not include any of the	15065
following:	15066

(1) Prisons, jails, workhouses, and other places of	15067
incarceration or correction, including, but not limited to,	15068
halfway houses or residential arrangements whichthat are used or	15069
occupied as a requirement of probationa community control	15070
sanction, a post-release control sanction, or parole;	15071

(2) Hospitals and similar institutions with the primary	15072
purpose of providing medical services, and homes licensed pursuant	15073
to Chapter 3721. of the Revised Code;	15074

(3) Tourist homes, hotels, motels, and other similar	15075
facilities where circumstances indicate a transient occupancy;	15076

(4) Elementary and secondary boarding schools, where the	15077
cost of room and board is included as part of the cost of tuition;	15078

(5) Orphanages and similar institutions;

15079

(6) Farm residences furnished in connection with the rental	15080
of land of a minimum of two acres for production of agricultural	15081
products by one or more of the occupants;	15082

(7) Dwelling units subject to sections 3733.41 to 3733.49 of	15083
the Revised Code;	15084

(8) Occupancy by an owner of a condominium unit;

15085

(9) Occupancy in a facility licensed as an SRO facility	15086
pursuant to Chapter 3731. of the Revised Code, if the facility is	15087
owned or operated by an organization that is exempt from taxation	15088
under section 501(c)(3) of the "Internal Revenue Code of 1986,"	15089
100 Stat. 2085, 26 U.S.C.A. 501, as amended, or by an entity or	15090
group of entities in which such an organization has a controlling	15091
interest, and if either of the following applies:	15092

(a) The occupancy is for a period of less than sixty days;

15093

(b) The occupancy is for participation in a program operated	15094
by the facility, or by a public entity or private charitable	15095
organization pursuant to a contract with the facility, to provide	15096
either of the following:	15097

(i) Services licensed, certified, registered, or approved by	15098
a governmental agency or private accrediting organization for the	15099
rehabilitation of mentally ill persons, developmentally disabled	15100
persons, adults or juveniles convicted of criminal offenses, or	15101
persons suffering from substance abuse;	15102

(ii) Shelter for juvenile runaways, victims of domestic	15103
violence, or homeless persons.	15104

(10) Emergency shelters operated by organizations exempt	15105
from federal income taxation under section 501(c)(3) of the	15106
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501,	15107
as amended, for persons whose circumstances indicate a transient	15108
occupancy, including homeless people, victims of domestic	15109
violence, and juvenile runaways.	15110

(D) "Rental agreement" means any agreement or lease, written	15111
or oral, which establishes or modifies the terms, conditions,	15112
rules, or any other provisions concerning the use and occupancy of	15113
residential premises by one of the parties.	15114

(E) "Security deposit" means any deposit of money or property	15115
to secure performance by the tenant under a rental agreement.	15116

(F) "Dwelling unit" means a structure or the part of a	15117
structure that is used as a home, residence, or sleeping place by	15118
one person who maintains a household or by two or more persons who	15119
maintain a common household.	15120

(G) "Controlled substance" has the same meaning as in section	15121
3719.01 of the Revised Code.	15122

(H) "Student tenant" means a person who occupies a dwelling	15123
unit owned or operated by the college or university at which the	15124
person is a student, and who has a rental agreement that is	15125
contingent upon the person's status as a student.	15126

(I) "Community control sanction" has the same meaning as in	15127
section 2929.01 of the Revised Code.	15128

(J) "Post-release control sanction" has the same meaning as	15129
in section 2967.01 of the Revised Code.	15130

Sec. 5502.14.  (A) As used in this section, "felony" has the	15131
same meaning as in section 109.511 of the Revised Code.	15132

(B)(1) Any person who is employed by the department of	15133
public safety and designated by the director of public safety to	15134
enforce Title XLIII of the Revised Code, the rules adopted under	15135
it, and the laws and rules regulating the use of food stamps shall	15136
be known as an enforcement agent. The employment by the	15137
department of public safety and the designation by the director of	15138
public safety of a person as an enforcement agent shall be subject	15139
to division (D) of this section. An enforcement agent has the	15140
authority vested in peace officers pursuant to section 2935.03 of	15141
the Revised Code to keep the peace, to enforce all applicable laws	15142
and rules on any retail liquor permit premises, or on any other	15143
premises of public or private property, where a violation of Title	15144
XLIII of the Revised Code or any rule adopted under it is	15145
occurring, and to enforce all laws and rules governing the use of	15146
food stamp coupons, women, infants, and children's coupons,	15147
electronically transferred benefits, or any other access device	15148
that is used alone or in conjunction with another access device to	15149
obtain payments, allotments, benefits, money, goods, or other	15150
things of value, or that can be used to initiate a transfer of	15151
funds, pursuant to the food stamp program established under the	15152
"Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.A. 2011, as	15153
amended, or any supplemental food program administered by any	15154
department of this state pursuant to the "Child Nutrition Act of	15155
1966," 80 Stat. 885, 42 U.S.C.A. 1786. Enforcement agents, in	15156
enforcing compliance with the laws and rules described in this	15157
division, may keep the peace and make arrests for violations of	15158
those laws and rules.	15159

(2) In addition to the authority conferred by division	15160
(B)(1) of this section, an enforcement agent also may execute	15161
search warrants and seize and take into custody any contraband, as	15162
defined in section 2901.01 of the Revised Code, or any property	15163
that is otherwise necessary for evidentiary purposes related to	15164
any violations of the laws or rules described in division (B)(1)	15165
of this section. An enforcement agent may enter public or private	15166
premises where activity alleged to violate the laws or rules	15167
described in division (B)(1) of this section is occurring.	15168

(3) Enforcement agents who are on, immediately adjacent to,	15169
or across from retail liquor permit premises and who are	15170
performing investigative duties relating to that premises,	15171
enforcement agents who are on premises that are not liquor permit	15172
premises but on which a violation of Title XLIII of the Revised	15173
Code or any rule adopted under it allegedly is occurring, and	15174
enforcement agents who view a suspected violation of Title XLIII	15175
of the Revised Code, of a rule adopted under it, or of another law	15176
or rule described in division (B)(1) of this section have the	15177
authority to enforce the laws and rules described in division	15178
(B)(1) of this section, authority to enforce any section in Title	15179
XXIX of the Revised Code or any other section of the Revised Code	15180
listed in section 5502.13 of the Revised Code if they witness a	15181
violation of the section under any of the circumstances described	15182
in this division, and authority to make arrests for violations of	15183
the laws and rules described in division (B)(1) of this section	15184
and violations of any of those sections.	15185

(4) The jurisdiction of an enforcement agent under division	15186
(B) of this section shall be concurrent with that of the peace	15187
officers of the county, township, or municipal corporation in	15188
which the violation occurs.	15189

(C) Enforcement agents of the department of public safety	15190
who are engaged in the enforcement of the laws and rules described	15191
in division (B)(1) of this section may carry concealed weapons	15192
when conducting undercover investigations pursuant to their	15193
authority as law enforcement officers and while acting within the	15194
scope of their authority pursuant to this chapter.	15195

(D)(1) The department of public safety shall not employ, and	15196
the director of public safety shall not designate, a person as an	15197
enforcement agent on a permanent basis, on a temporary basis, for	15198
a probationary term, or on other than a permanent basis if the	15199
person previously has been convicted of or has pleaded guilty to a	15200
felony.	15201

(2)(a) The department of public safety shall terminate the	15202
employment of a person who is designated as an enforcement agent	15203
and who does either of the following:	15204

(i) Pleads guilty to a felony;

15205

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	15206
plea agreement as provided in division (D) of section 2929.29	15207
2929.43 of the Revised Code in which the enforcement agent agrees	15208
to surrender the certificate awarded to that agent under section	15209
109.77 of the Revised Code.	15210

(b) The department shall suspend the employment of a person	15211
who is designated as an enforcement agent if the person is	15212
convicted, after trial, of a felony. If the enforcement agent	15213
files an appeal from that conviction and the conviction is upheld	15214
by the highest court to which the appeal is taken or if no timely	15215
appeal is filed, the department shall terminate the employment of	15216
that agent. If the enforcement agent files an appeal that results	15217
in that agent's acquittal of the felony or conviction of a	15218
misdemeanor, or in the dismissal of the felony charge against the	15219
agent, the department shall reinstate the agent. An enforcement	15220
agent who is reinstated under division (D)(2)(b) of this section	15221
shall not receive any back pay unless the conviction of that agent	15222
of the felony was reversed on appeal, or the felony charge was	15223
dismissed, because the court found insufficient evidence to	15224
convict the agent of the felony.	15225

(3) Division (D) of this section does not apply regarding an	15226
offense that was committed prior to January 1, 1997.	15227

(4) The suspension or termination of the employment of a	15228
person designated as an enforcement agent under division (D)(2) of	15229
this section shall be in accordance with Chapter 119. of the	15230
Revised Code.	15231

Sec. 5743.45.  (A) As used in this section, "felony" has the	15232
same meaning as in section 109.511 of the Revised Code.	15233

(B) For purposes of enforcing this chapter and Chapters	15234
5735., 5739., 5741., and 5747. of the Revised Code and subject to	15235
division (C) of this section, the tax commissioner, by journal	15236
entry, may delegate any investigation powers of the commissioner	15237
to an employee of the department of taxation who has been	15238
certified by the Ohio peace officer training commission and who is	15239
engaged in the enforcement of those chapters. A separate journal	15240
entry shall be entered for each employee to whom that power is	15241
delegated. Each journal entry shall be a matter of public record	15242
and shall be maintained in an administrative portion of the	15243
journal as provided for in division (L) of section 5703.05 of the	15244
Revised Code. When that journal entry is completed, the employee	15245
to whom it pertains, while engaged within the scope of the	15246
employee's duties in enforcing the provisions of this chapter or	15247
Chapter 5735., 5739., 5741., or 5747. of the Revised Code, has the	15248
power of a police officer to carry concealed weapons, make	15249
arrests, and obtain warrants for violations of any provision in	15250
those chapters. The commissioner, at any time, may suspend or	15251
revoke that the commissioner's delegation by journal entry. No	15252
employee of the department shall divulge any information acquired	15253
as a result of an investigation pursuant to this chapter or	15254
Chapter 5735., 5739., 5741., or 5747. of the Revised Code, except	15255
as may be required by the commissioner or a court.	15256

(C)(1) The tax commissioner shall not delegate any	15257
investigation powers to an employee of the department of taxation	15258
pursuant to division (B) of this section on a permanent basis, on	15259
a temporary basis, for a probationary term, or on other than a	15260
permanent basis if the employee previously has been convicted of	15261
or has pleaded guilty to a felony.	15262

(2)(a) The tax commissioner shall revoke the delegation of	15263
investigation powers to an employee to whom the delegation was	15264
made pursuant to division (B) of this section if that employee	15265
does either of the following:	15266

(i) Pleads guilty to a felony;

15267

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	15268
plea agreement as provided in division (D) of section 2929.29	15269
2929.43 of the Revised Code in which the employee agrees to	15270
surrender the certificate awarded to that employee under section	15271
109.77 of the Revised Code.	15272

(b) The tax commissioner shall suspend the delegation of	15273
investigation powers to an employee to whom the delegation was	15274
made pursuant to division (B) of this section if that employee is	15275
convicted, after trial, of a felony. If the employee files an	15276
appeal from that conviction and the conviction is upheld by the	15277
highest court to which the appeal is taken or if the employee does	15278
not file a timely appeal, the commissioner shall revoke the	15279
delegation of investigation powers to that employee. If the	15280
employee files an appeal that results in that employee's acquittal	15281
of the felony or conviction of a misdemeanor, or in the dismissal	15282
of the felony charge against that employee, the commissioner shall	15283
reinstate the delegation of investigation powers to that employee.	15284
The suspension, revocation, and reinstatement of the delegation of	15285
investigation powers to an employee under division (C)(2) of this	15286
section shall be made by journal entry pursuant to division (B) of	15287
this section. An employee to whom the delegation of investigation	15288
powers is reinstated under division (C)(2)(b) of this section	15289
shall not receive any back pay for the exercise of those	15290
investigation powers unless that employee's conviction of the	15291
felony was reversed on appeal, or the felony charge was dismissed,	15292
because the court found insufficient evidence to convict the	15293
employee of the felony.	15294

(3) Division (C) of this section does not apply regarding an	15295
offense that was committed prior to January 1, 1997.	15296

(4) The suspension or revocation of the delegation of	15297
investigation powers to an employee under division (C)(2) of this	15298
section shall be in accordance with Chapter 119. of the Revised	15299
Code.	15300

Sec. 5907.021.  (A) As used in this section, "felony" has	15301
the same meaning as in section 109.511 of the Revised Code.	15302

(B)(1) The superintendent of the Ohio veterans' home shall	15303
not appoint a person as a chief of police or an employee as an	15304
Ohio veterans' home police officer on a permanent basis, on a	15305
temporary basis, for a probationary term, or on other than a	15306
permanent basis if the person or employee previously has been	15307
convicted of or has pleaded guilty to a felony.	15308

(2)(a) The superintendent of the Ohio veterans' home shall	15309
terminate the employment of a chief of police or the employment as	15310
an Ohio veterans' home police officer of an employee appointed as	15311
an Ohio veterans' home police officer if that chief of police or	15312
employee does either of the following:	15313

(i) Pleads guilty to a felony;

15314

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	15315
plea agreement as provided in division (D) of section 2929.29	15316
2929.43 of the Revised Code in which the chief of police or	15317
employee agrees to surrender the certificate awarded to that chief	15318
of police or employee under section 109.77 of the Revised Code.	15319

(b) The superintendent shall suspend from employment a chief	15320
of police or from employment as an Ohio veterans' home police	15321
officer an employee appointed as an Ohio veterans' home police	15322
officer if that chief of police or employee is convicted, after	15323
trial, of a felony. If the chief of police or the employee files	15324
an appeal from that conviction and the conviction is upheld by the	15325
highest court to which the appeal is taken or if the chief of	15326
police or the employee does not file a timely appeal, the	15327
superintendent shall terminate the employment of that chief of	15328
police or that employee as an Ohio veterans' home police officer.	15329
If the chief of police or the employee files an appeal that	15330
results in that chief of police's or that employee's acquittal of	15331
the felony or conviction of a misdemeanor, or in the dismissal of	15332
the felony charge against that chief of police or that employee,	15333
the superintendent shall reinstate that chief of police or that	15334
employee as an Ohio veterans' home police officer. A chief of	15335
police or an employee who is reinstated as an Ohio veterans' home	15336
police officer under division (B)(2)(b) of this section shall not	15337
receive any back pay unless the conviction of that chief of police	15338
or that employee of the felony was reversed on appeal, or the	15339
felony charge was dismissed, because the court found insufficient	15340
evidence to convict the chief of police or the employee of the	15341
felony.	15342

(3) Division (B) of this section does not apply regarding an	15343
offense that was committed prior to January 1, 1997.	15344

(4) The suspension from employment, or the termination of	15345
the employment, of a chief of police or an Ohio veterans' home	15346
police officer under division (B)(2) of this section shall be in	15347
accordance with Chapter 119. of the Revised Code.	15348

Sec. 6101.75.  (A) As used in this section, "felony" has	15349
the same meaning as in section 109.511 of the Revised Code.	15350

(B) The board of directors of a conservancy district may	15351
police the works of the district and, in times of great emergency,	15352
may compel assistance in the protection of those works. The board	15353
may prevent persons, vehicles, or livestock from passing over the	15354
property or works of the district at any places or in any manner	15355
that would result in damage to the property or works or in the	15356
opinion of the board would endanger the property or works or the	15357
safety of persons lawfully on the property or works.	15358

The employees that the board designates for that purpose have	15359
all the powers of police officers within and adjacent to the	15360
properties owned or controlled by the district. Before entering	15361
upon the exercise of those powers, each employee shall take an	15362
oath and give a bond to the state, in the amount that the board	15363
prescribes, for the proper exercise of those powers. The cost of	15364
the bond shall be borne by the district. This division is subject	15365
to division (C) of this section.	15366

(C)(1) The board of directors shall not designate an	15367
employee as provided in division (B) of this section on a	15368
permanent basis, on a temporary basis, for a probationary term, or	15369
on other than a permanent basis if the employee previously has	15370
been convicted of or has pleaded guilty to a felony.	15371

(2)(a) The board of directors shall terminate the employment	15372
of an employee designated as provided in division (B) of this	15373
section if that employee does either of the following:	15374

(i) Pleads guilty to a felony;

15375

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	15376
plea agreement as provided in division (D) of section 2929.29	15377
2929.43 of the Revised Code in which the employee agrees to	15378
surrender the certificate awarded to that employee under section	15379
109.77 of the Revised Code.	15380

(b) The board of directors shall suspend from employment an	15381
employee designated as provided in division (B) of this section if	15382
that employee is convicted, after trial, of a felony. If the	15383
employee files an appeal from that conviction and the conviction	15384
is upheld by the highest court to which the appeal is taken or if	15385
the employee does not file a timely appeal, the board shall	15386
terminate the employment of that employee. If the employee files	15387
an appeal that results in that employee's acquittal of the felony	15388
or conviction of a misdemeanor, or in the dismissal of the felony	15389
charge against that employee, the board shall reinstate that	15390
employee. An employee who is reinstated under division (C)(2)(b)	15391
of this section shall not receive any back pay unless that	15392
employee's conviction of the felony was reversed on appeal, or the	15393
felony charge was dismissed, because the court found insufficient	15394
evidence to convict the employee of the felony.	15395

(3) Division (C) of this section does not apply regarding an	15396
offense that was committed prior to January 1, 1997.	15397

(4) The suspension from employment, or the termination of	15398
the employment, of an employee under division (C)(2) of this	15399
section shall be in accordance with Chapter 119. of the Revised	15400
Code.	15401

Section 2.  That existing sections 1.05, 109.42, 109.511,	15402
109.77, 120.06, 120.16, 120.26, 149.43, 306.352, 307.93, 311.04,	15403
321.44, 341.14, 341.19, 341.21, 341.23, 505.49, 509.01, 511.232,	15404
737.052, 737.162, 737.41, 753.02, 753.04, 753.16, 1501.013,	15405
1503.29, 1517.10, 1531.132, 1541.11, 1545.13, 1547.523, 1547.99,	15406
1702.80, 1713.50, 2152.02, 2152.19, 2152.20, 2301.03, 2301.27,	15407
2301.28, 2301.30, 2301.32, 2301.56, 2305.234, 2901.02, 2903.13,	15408
2905.12, 2907.01, 2907.15, 2907.27, 2907.31, 2907.35, 2919.22,	15409
2923.14, 2925.11, 2929.01, 2929.17, 2929.18, 2929.19, 2929.221,	15410
2929.24, 2929.25, 2929.28, 2929.29, 2929.31, 2929.35, 2929.37,	15411
2929.38, 2929.41, 2930.06, 2935.33, 2937.07, 2945.17, 2947.06,	15412
2947.19, 2947.21, 2949.111, 2950.01, 2950.99, 2951.01, 2951.011,	15413
2951.02, 2951.021, 2951.041, 2951.05, 2951.06, 2951.07, 2951.08,	15414
2951.10, 2953.31, 2953.32, 2953.33, 2961.01, 2963.01, 2963.11,	15415
2963.20, 2963.21, 2967.02, 2967.22, 2967.26, 2969.11, 2969.12,	15416
2969.13, 2969.14, 3313.65, 3321.38, 3345.04, 3719.12, 3719.121,	15417
3719.70, 3734.44, 3735.311, 3748.99, 3793.13, 3937.43, 3959.13,	15418
4503.13, 4507.091, 4510.037, 4510.14, 4511.181, 4511.19, 4511.213,	15419
4511.512, 4511.69, 4511.99, 4717.05, 4734.35, 4761.13, 4973.171,	15420
5101.28, 5101.45, 5119.14, 5120.10, 5120.102, 5120.103, 5120.56,	15421
5122.01, 5122.10, 5122.21, 5122.26, 5123.13, 5147.12, 5147.30,	15422
5149.03, 5149.18, 5149.31, 5321.01, 5502.14, 5743.45, 5907.021,	15423
and 6101.75 and sections 737.30, 737.99, 2929.21, 2929.22,	15424
2929.23, 2929.36, 2929.51, 2933.16, and 2951.09 of the Revised	15425
Code are hereby repealed.	15426

Section 3.  Notwithstanding division (B) of section 1.58 of	15427
the Revised Code, the provisions of the Revised Code in existence	15428
prior to January 1, 2004, shall apply to a person upon whom a	15429
court imposed prior to that date a term of imprisonment for a	15430
misdemeanor offense and to a person upon whom a court, on or after	15431
that date and in accordance with the law in existence prior to	15432
that date, imposed a term of imprisonment for a misdemeanor	15433
offense that was committed prior to that date.	15434

The provisions of the Revised Code in existence on and after	15435
January 1, 2004, apply to a person who commits a misdemeanor	15436
offense on or after that date.	15437

Section 4.  Sections 1 and 2 of this act shall take effect	15438
January 1, 2004.	15439

Section 5.  Section 1.05 of the Revised Code is presented in	15440
this act as a composite of the section as amended by both Am. Sub.	15441
S.B. 166 and Am. Sub. S.B. 269 of the 121st General Assembly.	15442
Section 109.77 of the Revised Code is presented in this act as a	15443
composite of the section as amended by Sub. H.B. 148, Am. Sub.	15444
H.B. 163, and Am. S.B. 137 of the 123rd General Assembly. Section	15445
1702.80 of the Revised Code is presented in this act as a	15446
composite of the section as amended by both Am. Sub. H.B. 566 and	15447
Sub. H.B. 670 of the 121st General Assembly. Section 1713.50 of	15448
the Revised Code is presented in this act as a composite of the	15449
section as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of	15450
the 121st General Assembly. Section 2301.03 of the Revised Code is	15451
presented in this act as a composite of the section as amended by	15452
both Sub. H.B. 8 and Sub. H.B. 393 of the 124th General Assembly.	15453
Section 2301.32 of the Revised Code is presented in this act as a	15454
composite of the section as amended by both Am. Sub. H.B. 571 and	15455
Am. Sub. H.B. 406 of the 120th General Assembly. Section 2907.01	15456
of the Revised Code is presented in this act as a composite of the	15457
section as amended by both Sub. H.B. 8 and Am. Sub. S.B. 9 of the	15458
124th General Assembly. Section 2929.18 of the Revised Code is	15459
presented in this act as a composite of the section as amended by	15460
both Am. Sub. S.B. 123 and Sub. H.B. 170 of the 124th General	15461
Assembly. Section 2929.19 of the Revised Code is presented in	15462
this act as a composite of the section as amended by Sub. H.B.	15463
170, Sub. H.B. 485, and Am. Sub. S.B. 123, all of the 124th	15464
General Assembly. Section 2929.221 (2929.34) of the Revised	15465
Code is presented in this act as a composite of the section as	15466
amended by both Am. Sub. S.B. 269 and Am. Sub. S.B. 166 of the	15467
121st General Assembly. Section 3345.04 of the Revised Code is	15468
presented in this act as a composite of the section as amended by	15469
both Am. Sub. H.B. 566 and Am. Sub. H.B. 568 of the 121st General	15470
Assembly. Section 4511.99 of the Revised Code is presented in this	15471
act as a composite of the section as amended by both Am. Sub.	15472
S.B. 123 and Am. Sub. S.B. 231 of the 124th General Assembly.	15473
Section 5119.14 of the Revised Code is presented in this act as a	15474
composite of the section as amended by both Am. Sub. H.B. 566 and	15475
Sub. H.B. 670 of the 121st General Assembly. Section 5123.13 of	15476
the Revised Code is presented in this act as a composite of the	15477
section as amended by both Am. Sub. H.B. 566 and Sub. H.B. 670 of	15478
the 121st General Assembly. Section 5743.45 of the Revised Code	15479
is presented in this act as a composite of the section as amended	15480
by both Am. Sub. H.B. 566 and Sub. H.B. 670 of the 121st General	15481
Assembly. The General Assembly, applying the principle stated in	15482
division (B) of section 1.52 of the Revised Code that amendments	15483
are to be harmonized if reasonably capable of simultaneous	15484
operation, finds that the specified composite is the resulting	15485
version of the specified sections in effect prior to the effective	15486
date of the section as presented in this act.	15487

Section 6. That section 4507.162 of the Revised Code be	15488
amended to read as follows:	15489

Sec. 4507.162.  (A) Except as provided in division (C) of	15490
this section, the registrar of motor vehicles shall suspend the	15491
probationary driver's license, restricted license, or temporary	15492
instruction permit issued to any person when the person has been	15493
convicted of, pleaded guilty to, or been adjudicated in juvenile	15494
court of having committed, prior to the person's eighteenth	15495
birthday, any of the following:	15496

(1) Three separate violations of section 2903.06, 2903.08,	15497
2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.192, 4511.20,	15498
4511.201, 4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to 4511.48,	15499
4511.57 to 4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the	15500
Revised Code, section 2903.04 of the Revised Code in a case in	15501
which the person would have been subject to the sanctions	15502
described in division (D) of that section had the person been	15503
convicted of the violation of that section, former section 2903.07	15504
of the Revised Code, or any municipal ordinances similarly	15505
relating to the offenses referred to in those sections;	15506

(2) One violation of section 4511.19 of the Revised Code or	15507
a substantially similar municipal ordinance;	15508

(3) Two separate violations of any of the Revised Code	15509
sections referred to in division (A)(1) of this section, or any	15510
municipal ordinance that is substantially similar to any of those	15511
sections.	15512

Any person whose license or permit is suspended under	15513
division (A)(1), (2), or (3) of this section shall mail or deliver	15514
the person's probationary driver's license, restricted license, or	15515
temporary instruction permit to the registrar within fourteen days	15516
of notification of the suspension. The registrar shall retain the	15517
license or permit during the period of the suspension. A	15518
suspension pursuant to division (A)(1) of this section shall	15519
remain in effect until one year has elapsed since the date of	15520
suspension of the probationary driver's license, restricted	15521
license, or temporary instruction permit, a suspension pursuant to	15522
division (A)(2) of this section shall remain in effect until six	15523
months have elapsed since the date of the suspension, and a	15524
suspension pursuant to division (A)(3) of this section shall	15525
remain in effect until ninety days have elapsed since the date of	15526
the suspension. If the person's probationary driver's license,	15527
restricted license, or temporary instruction permit is under	15528
suspension on the date the court imposes sentence upon the person	15529
for a violation described in division (A)(2) of this section, the	15530
suspension shall take effect on the next day immediately following	15531
the end of that period of suspension. If the person is sixteen	15532
years of age or older and pleads guilty to or is convicted of a	15533
violation described in division (A)(2) of this section and the	15534
person does not have a current, valid probationary driver's	15535
license, restricted license, or temporary instruction permit, the	15536
registrar shall deny the issuance to the person of a probationary	15537
driver's license, restricted license, driver's license, commercial	15538
driver's license, or temporary instruction permit, as the case may	15539
be, for six months beginning on the date the court imposes	15540
sentence upon the person for the violation. If the person has not	15541
attained the age of sixteen years on the date the court imposes	15542
sentence upon the person for the violation, the period of denial	15543
shall commence on the date the person attains the age of sixteen	15544
years.	15545

(B) The registrar also shall suspend the temporary	15546
instruction permit or probationary driver's license of any person	15547
under the age of eighteen who has been adjudicated unruly,	15548
delinquent, or a juvenile traffic offender for having committed	15549
any act that if committed by an adult would be a drug abuse	15550
offense as defined in section 2925.01 of the Revised Code, or a	15551
violation of division (B) of section 2917.11 of the Revised Code	15552
until the person reaches the age of eighteen years or attends, at	15553
the discretion of the court, and satisfactorily completes a drug	15554
abuse or alcohol abuse education, intervention, or treatment	15555
program specified by the court. Any person whose temporary	15556
instruction permit or probationary driver's license is suspended	15557
under this division shall mail or deliver the person's permit or	15558
license to the registrar within fourteen days of notification of	15559
the suspension. The registrar shall retain the permit or license	15560
during the period of the suspension.	15561

(C)(1) A person is not entitled to request, and a court	15562
shall not grant to the person, occupationallimited driving	15563
privileges under division (C) of this section if a person is	15564
convicted of, pleads guilty to, or is adjudicated in juvenile	15565
court of having committed a second or third violation of section	15566
4511.12, 4511.13, 4511.15, 4511.20 to 4511.23, 4511.25, 4511.26 to	15567
4511.48, 4511.57 to 4511.65, or 4511.75 of the Revised Code or any	15568
similar municipal ordinances, and the person, within the preceding	15569
seven years, has been convicted of, pleaded guilty to, or	15570
adjudicated in juvenile court of having committed three or more	15571
violations of one or more of the following:	15572

(a) Division (A) or (B) of section 4511.19 of the Revised	15573
Code;	15574

(b) A municipal ordinance relating to operating a vehicle	15575
while under the influence of alcohol, a drug of abuse, or alcohol	15576
and a drug of abuse;	15577

(c) A municipal ordinance relating to operating a vehicle	15578
with a prohibited concentration of alcohol in the blood, breath,	15579
or urine;	15580

(d) Section 2903.04 of the Revised Code in a case in which	15581
the person was subject to the sanctions described in division (D)	15582
of that section;	15583

(e) Division (A)(1) of section 2903.06 or division (A)(1) of	15584
section 2903.08 of the Revised Code or a municipal ordinance that	15585
is substantially similar to either of those divisions;	15586

(f) Division (A)(2), (3), or (4) of section 2903.06,	15587
division (A)(2) of section 2903.08, or former section 2903.07 of	15588
the Revised Code, or a municipal ordinance that is substantially	15589
similar to any of those divisions or that former section, in a	15590
case in which the jury or judge found that the person was under	15591
the influence of alcohol, a drug of abuse, or alcohol and a drug	15592
of abuse.	15593

(2) For any other person who is not described in division	15594
(C)(1) of this section and who is convicted of, pleads guilty to,	15595
or is adjudicated in juvenile court of having committed a second	15596
or third violation of section 4511.12, 4511.13, 4511.15, 4511.20	15597
to 4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or	15598
4511.75 of the Revised Code or any similar municipal ordinances	15599
and whose license or permit is suspended under division (A)(1) or	15600
(3) of this section, the court in which the second or third	15601
conviction, finding, plea, or adjudication resulting in the	15602
suspension was made, upon petition of the person, may grant the	15603
person occupationallimited driving privileges for the purposes	15604
described in this division, during the period during which the	15605
suspension otherwise would be in effect under division (A)(1) or	15606
(3) of this section, if the court finds that the person will reach	15607
the person's eighteenth birthday before the period of suspension	15608
required to be imposed under division (A)(1) of this section	15609
expires and further finds reasonable cause to believe that the	15610
suspension, if continued beyond the person's eighteenth birthday,	15611
will seriously affect the person's ability to continue in	15612
employment, educational training, vocational training, or	15613
treatment. The occupational driving privileges granted under this	15614
division shall be effective on the person's eighteenth birthday	15615
and during the period following such birthday for which the	15616
suspension otherwise would be imposedA grant of limited driving	15617
privileges under this division may be for the purpose of assisting	15618
the person to continue in employment, educational training,	15619
vocational training, or treatment or to permit the person to	15620
practice driving with the person's parent, guardian, or custodian	15621
during the period of the suspension. In granting occupationalthe	15622
limited driving privileges, the court shall specify the purposes,	15623
times, and places at which the person may driveof the privileges	15624
and may impose any other conditions upon the person's use of a	15625
motor vehicle that the court considers reasonable and necessary.	15626

A court that grants occupationallimited driving privileges	15627
to a person under this division shall retain the person's	15628
probationary driver's license, restricted license, or temporary	15629
instruction permit during the period the license or permit is	15630
suspended and also during the period for which occupational	15631
limited driving privileges are granted, and shall deliver to the	15632
person a permit card, in a form to be prescribed by the court,	15633
setting forth the date on which the occupationallimited driving	15634
privileges will become effective, the purposes for which the	15635
person may drive, the times and places at which the person may	15636
drive, and any other conditions imposed upon the person's use of a	15637
motor vehicle.	15638

The court immediately shall notify the registrar, in writing,	15639
of a grant of occupationallimited driving privileges. The	15640
notification shall specify the date on which the occupational	15641
limited driving privileges will become effective, the purposes for	15642
which the person may drive, the times and places at which the	15643
person may drive, and any other conditions imposed upon the	15644
person's use of a motor vehicle. The registrar shall not suspend	15645
the probationary driver's license, restricted license, or	15646
temporary instruction permit of any person pursuant to division	15647
(A) of this section during any period for which the person has	15648
been granted occupationallimited driving privileges as provided	15649
in this division, if the registrar has received the notification	15650
described in this division from the court.	15651

(D) If a person who has been granted occupationallimited	15652
driving privileges under division (C) of this section is convicted	15653
of, pleads guilty to, or is adjudicated in juvenile court of	15654
having committed, a violation of section 4507.02 of the Revised	15655
Code, or a fourth or subsequent violation of any of the other	15656
sections of the Revised Code listed in division (A)(1) of this	15657
section or any similar municipal ordinance during the period for	15658
which the person was granted occupationallimited driving	15659
privileges, the court that granted the occupationallimited	15660
driving privileges shall revoke them and cancel the person's	15661
permit card. The court or the clerk of the court immediately	15662
shall forward the person's probationary driver's license,	15663
restricted license, or temporary instruction permit together with	15664
written notification of the court's action to the registrar. Upon	15665
receipt of the license or permit and notification, the registrar	15666
shall suspend the person's probationary driver's license,	15667
restricted license, or temporary instruction permit for a period	15668
of one year. The registrar shall retain the license or permit	15669
during the period of suspension, and no further occupational	15670
limited driving privileges shall be granted during that period.	15671

(E) No application for a driver's or commercial driver's	15672
license shall be received from any person whose probationary	15673
driver's license, restricted license, or temporary instruction	15674
permit has been suspended under this section until each of the	15675
following has occurred:	15676

(1) The suspension period has expired;

15677

(2) A temporary instruction permit or commercial driver's	15678
license temporary instruction permit has been issued;	15679

(3) The person successfully completes a juvenile driver	15680
improvement program approved by the registrar under division (F)	15681
of this section;	15682

(4) The applicant has submitted to the examination for a	15683
driver's license as provided for in section 4507.11 or a	15684
commercial driver's license as provided in Chapter 4506. of the	15685
Revised Code.	15686

(F) The registrar shall establish standards for juvenile	15687
driver improvement programs and shall approve any such programs	15688
that meet the established standards. The standards established by	15689
the registrar shall require a minimum of five hours of classroom	15690
instruction, with at least three hours devoted to driver skill	15691
requirements and two hours devoted to juvenile driver information	15692
related to the driving records of drivers under the age of	15693
eighteen, driver perceptions, and the value of the traffic laws.	15694
The standards also shall require a person whose probationary	15695
driver's license was suspended under this section to undertake and	15696
pass, as successful completion of an approved juvenile driver	15697
improvement program, the driver's license examination that a	15698
person who holds a temporary instruction permit is required to	15699
undertake and pass in order to be issued a probationary driver's	15700
license. The person shall pay the applicable fee that is required	15701
to accompany an application for a driver's license as prescribed	15702
in division (E) of section 4507.23 of the Revised Code. The	15703
registrar shall prescribe the requirements for the curriculum to	15704
be provided as well as other program directives. Only those	15705
programs approved by the registrar shall be acceptable for	15706
reinstatement of the driving privileges of a person whose	15707
probationary driver's license was suspended under this section.	15708

Section 7. That existing section 4507.162 of the Revised Code	15709
is hereby repealed.	15710

Section 8. The amendments to section 4507.162 of the Revised	15711
Code that are made in Sections 6 and 7 of this act are made for	15712
the period of time that section 4507.162 of the Revised Code is in	15713
existence under that number until, on January 1, 2004, that	15714
section is renumbered by Am. Sub. S.B. 123 of the 124th General	15715
Assembly to section 4510.31 of the Revised Code and is amended. On	15716
and after January 1, 2004, the amendments to section 4507.162 of	15717
the Revised Code that are made in Sections 6 and 7 of this act	15718
have no meaning and no force and effect, and do not affect or	15719
supersede the renumbering and amendment of section 4507.162 of the	15720
Revised Code that was done in Am. Sub. S.B. 123 of the 124th	15721
General Assembly.	15722