REPRESENTATIVES Womer Benjamin, Latta, Willamowski, Coates, Otterman, Schmidt

To amend sections 1901.33, 2151.421, 2301.27, 2301.54,

1

2907.03, 2921.36, 2933.41, 2951.03, 2967.14,

2

2967.26, 2967.27, 2967.28, 5120.01, 5120.21,

3

5120.30, 5120.38, 5120.421, 5120.48, 5120.60,

4

5139.251, 5145.06, 5149.02, 5149.04, 5149.05,

5

5149.06, 5149.10, and 5149.12, to enact section

6

5145.163, and to repeal section 5120.43 of the

7

Revised Code relative to the Department of

8

Rehabilitation and Correction.

9

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

Section 1. That sections 1901.33, 2151.421, 2301.27,	10
2301.54, 2907.03, 2921.36, 2933.41, 2951.03, 2967.14, 2967.26,	11
2967.27, 2967.28, 5120.01, 5120.21, 5120.30, 5120.38, 5120.421,	12
5120.48, 5120.60, 5139.251, 5145.06, 5149.02, 5149.04, 5149.05,	13
5149.06, 5149.10, and 5149.12 be amended and section 5145.163 of	14
the Revised Code be enacted to read as follows:	15

Sec. 1901.33.  (A) The judge or judges of a municipal court	16
may appoint one or more interpreters, one or more mental health	17
professionals, one or more probation officers, an assignment	18
commissioner, deputy assignment commissioners, and other court	19
aides on a full-time, part-time, hourly, or other basis. Each	20
appointee shall receive the compensation out of the city treasury	21
that the legislative authority prescribes, except that in a	22
county-operated municipal court they shall receive the	23
compensation out of the treasury of the county in which the court	24
is located that the board of county commissioners prescribes.	25
Probation officers have all the powers of regular police officers	26
and shall perform any duties that are designated by the judge or	27
judges of the court. Assignment commissioners shall assign cases	28
for trial and perform any other duties that the court directs.	29

The judge or judges may appoint one or more typists,	30
stenographers, statistical clerks, and official court reporters,	31
each of whom shall be paid the compensation out of the city	32
treasury that the legislative authority prescribes, except that in	33
a county-operated municipal court they shall be paid the	34
compensation out of the treasury of the county in which the court	35
is located that the board of county commissioners prescribes.	36

(B) If a municipal court appoints one or more probation	37
officers, those officers shall constitute the municipal court	38
department of probation unless the court designates other	39
employees as the department of probation for the court.	40

(C) The chief probation officer may grant permission to a	41
probation officer to carry firearms when required in the discharge	42
of the probation officer's official duties, provided that anyif	43
the probation officer who is granted permission to carry firearms	44
in the discharge of the probation officer's official duties,	45
within six months of receiving permission to carry a firearm,	46
shallhas successfully completecompleted a basic firearm training	47
program that is conducted at a training school approved by the	48
executive director of the Ohio peace officer training commission	49
and that is substantially similar to the basic firearm training	50
program for peace officers conducted at the Ohio peace officer	51
training academy and receive a certificate of satisfactory	52
completion of that program from the executive director of the Ohio	53
peace officer training commission. Any probation officer who does	54
not successfully complete a basic firearm training program within	55
the six-month period after receiving permission to carry a firearm	56
shall not carry, after the expiration of that six-month period, a	57
firearm in the discharge of the probation officer's official	58
duties until the probation officer has successfully completed a	59
basic firearm training program. A probation officer who has	60
received a certificate of satisfactory completion of a basic	61
firearm training program, to maintain the rightbeen granted	62
permission to carry a firearm in the discharge of the probation	63
officer's official duties, annually shall successfully complete a	64
firearms requalification program in accordance with section	65
109.801 of the Revised Code.	66

(D) The judge or judges of a municipal court in which the	67
clerk of the court is elected as provided in division (A)(1)(a) or	68
(d) or (A)(2)(b) of section 1901.31 of the Revised Code may	69
appoint an administrative assistant. The administrative assistant	70
shall have charge of personnel related matters of the court and	71
shall perform any other administrative duties assigned by the	72
court. The administrative assistant shall receive the	73
compensation out of the city treasury that the court prescribes,	74
except that, in a county-operated municipal court, the	75
administrative assistant shall receive the compensation out of the	76
treasury of the county in which the court is located that the	77
court prescribes.	78

Sec. 2151.421.  (A)(1)(a) No person described in division	79
(A)(1)(b) of this section who is acting in an official or	80
professional capacity and knows or suspects that a child under	81
eighteen years of age or a mentally retarded, developmentally	82
disabled, or physically impaired child under twenty-one years of	83
age has suffered or faces a threat of suffering any physical or	84
mental wound, injury, disability, or condition of a nature that	85
reasonably indicates abuse or neglect of the child, shall fail to	86
immediately report that knowledge or suspicion to the public	87
children services agency or a municipal or county peace officer in	88
the county in which the child resides or in which the abuse or	89
neglect is occurring or has occurred. Division (A)(1)(a) of this	90
section does not apply with respect to inmates who are under	91
eighteen years of age and in the custody of the department of	92
rehabilitation and correction. A person should report known or	93
suspected abuse or neglect involving an inmate of this nature to	94
the state highway patrol in the county in which is located the	95
state correctional institution in which the inmate is confined. If	96
the state highway patrol determines that it is probable that abuse	97
or neglect of an inmate occurred, the patrol shall report its	98
findings to the department and to the court that sentenced the	99
inmate for the offense for which the inmate is in the custody of	100
the department.	101

(b) Division (A)(1)(a) of this section applies to any person	102
who is an attorney; physician, including a hospital intern or	103
resident; dentist; podiatrist; practitioner of a limited branch of	104
medicine as specified in section 4731.15 of the Revised Code;	105
registered nurse; licensed practical nurse; visiting nurse; other	106
health care professional; licensed psychologist; licensed school	107
psychologist; speech pathologist or audiologist; coroner;	108
administrator or employee of a child day-care center;	109
administrator or employee of a residential camp or child day camp;	110
administrator or employee of a certified child care agency or	111
other public or private children services agency; school teacher;	112
school employee; school authority; person engaged in social work	113
or the practice of professional counseling; or a person rendering	114
spiritual treatment through prayer in accordance with the tenets	115
of a well-recognized religion.	116

(2) An attorney or a physician is not required to make a	117
report pursuant to division (A)(1) of this section concerning any	118
communication the attorney or physician receives from a client or	119
patient in an attorney-client or physician-patient relationship,	120
if, in accordance with division (A) or (B) of section 2317.02 of	121
the Revised Code, the attorney or physician could not testify with	122
respect to that communication in a civil or criminal proceeding,	123
except that the client or patient is deemed to have waived any	124
testimonial privilege under division (A) or (B) of section 2317.02	125
of the Revised Code with respect to that communication and the	126
attorney or physician shall make a report pursuant to division	127
(A)(1) of this section with respect to that communication, if all	128
of the following apply:	129

(a) The client or patient, at the time of the communication,	130
is either a child under eighteen years of age or a mentally	131
retarded, developmentally disabled, or physically impaired person	132
under twenty-one years of age.	133

(b) The attorney or physician knows or suspects, as a result	134
of the communication or any observations made during that	135
communication, that the client or patient has suffered or faces a	136
threat of suffering any physical or mental wound, injury,	137
disability, or condition of a nature that reasonably indicates	138
abuse or neglect of the client or patient.	139

(c) The attorney-client or physician-patient relationship	140
does not arise out of the client's or patient's attempt to have an	141
abortion without the notification of her parents, guardian, or	142
custodian in accordance with section 2151.85 of the Revised Code.	143

(B) Anyone,When the child or person involved is not in the	144
custody of the department of rehabilitation and correction, anyone	145
who knows or suspects that a child under eighteen years of age or	146
a mentally retarded, developmentally disabled, or physically	147
impaired person under twenty-one years of age has suffered or	148
faces a threat of suffering any physical or mental wound, injury,	149
disability, or other condition of a nature that reasonably	150
indicates abuse or neglect of the child, may report or cause	151
reports to be made of that knowledge or suspicion to the public	152
children services agency or to a municipal or county peace	153
officer. A person may report known or suspected abuse or neglect	154
of an inmate who is under eighteen years of age and in the custody	155
of the department of rehabilitation and correction to the state	156
highway patrol. A person making a report of that nature to the	157
state highway patrol shall make the report in the county in which	158
is located the state correctional institution in which the inmate	159
is confined. If the state highway patrol determines that it is	160
probable that abuse or neglect of an inmate occurred, the patrol	161
shall report its findings to the department and to the court that	162
sentenced the inmate for the offense for which the inmate is in	163
the custody of the department.	164

(C) Any report made pursuant to division (A) or (B) of this	165
section shall be made forthwith either by telephone or in person	166
and shall be followed by a written report, if requested by the	167
receiving agency or officer. The written report shall contain:	168

(1) The names and addresses of the child and the child's	169
parents or the person or persons having custody of the child, if	170
known;	171

(2) The child's age and the nature and extent of the child's	172
known or suspected injuries, abuse, or neglect or of the known or	173
suspected threat of injury, abuse, or neglect, including any	174
evidence of previous injuries, abuse, or neglect;	175

(3) Any other information that might be helpful in	176
establishing the cause of the known or suspected injury, abuse, or	177
neglect or of the known or suspected threat of injury, abuse, or	178
neglect.	179

Any person, who is required by division (A) of this section	180
to report known or suspected child abuse or child neglect, may	181
take or cause to be taken color photographs of areas of trauma	182
visible on a child and, if medically indicated, cause to be	183
performed radiological examinations of the child.	184

(D)(1) Upon the receipt of a report concerning the possible	185
abuse or neglect of a child or the possible threat of abuse or	186
neglect of a child, the municipal or county peace officer who	187
receives the report shall refer the report to the appropriate	188
public children services agency.	189

(2) On receipt of a report pursuant to this division or	190
division (A) or (B) of this section, the public children services	191
agency shall comply with section 2151.422 of the Revised Code.	192

(E) No township, municipal, or county peace officer shall	193
remove a child about whom a report is made pursuant to this	194
section from the child's parents, stepparents, or guardian or any	195
other persons having custody of the child without consultation	196
with the public children services agency, unless, in the judgment	197
of the officer, and, if the report was made by physician, the	198
physician, immediate removal is considered essential to protect	199
the child from further abuse or neglect. The agency that must be	200
consulted shall be the agency conducting the investigation of the	201
report as determined pursuant to section 2151.422 of the Revised	202
Code.	203

(F)(1) Except as provided in section 2151.422 of the Revised	204
Code, the public children services agency shall investigate,	205
within twenty-four hours, each report of known or suspected child	206
abuse or child neglect and of a known or suspected threat of child	207
abuse or child neglect that is referred to it under this section	208
to determine the circumstances surrounding the injuries, abuse, or	209
neglect or the threat of injury, abuse, or neglect, the cause of	210
the injuries, abuse, neglect, or threat, and the person or persons	211
responsible. The investigation shall be made in cooperation with	212
the law enforcement agency and in accordance with the memorandum	213
of understanding prepared under division (J) of this section. A	214
failure to make the investigation in accordance with the	215
memorandum is not grounds for, and shall not result in, the	216
dismissal of any charges or complaint arising from the report or	217
the suppression of any evidence obtained as a result of the report	218
and does not give, and shall not be construed as giving, any	219
rights or any grounds for appeal or post-conviction relief to any	220
person. The public children services agency shall report each	221
case to a central registry which the department of job and family	222
services shall maintain in order to determine whether prior	223
reports have been made in other counties concerning the child or	224
other principals in the case. The public children services agency	225
shall submit a report of its investigation, in writing, to the law	226
enforcement agency.	227

(2) The public children services agency shall make any	228
recommendations to the county prosecuting attorney or city	229
director of law that it considers necessary to protect any	230
children that are brought to its attention.	231

(G)(1)(a) Except as provided in division (H)(3) of this	232
section, anyone or any hospital, institution, school, health	233
department, or agency participating in the making of reports under	234
division (A) of this section, anyone or any hospital, institution,	235
school, health department, or agency participating in good faith	236
in the making of reports under division (B) of this section, and	237
anyone participating in good faith in a judicial proceeding	238
resulting from the reports, shall be immune from any civil or	239
criminal liability for injury, death, or loss to person or	240
property that otherwise might be incurred or imposed as a result	241
of the making of the reports or the participation in the judicial	242
proceeding.	243

(b) Notwithstanding section 4731.22 of the Revised Code, the	244
physician-patient privilege shall not be a ground for excluding	245
evidence regarding a child's injuries, abuse, or neglect, or the	246
cause of the injuries, abuse, or neglect in any judicial	247
proceeding resulting from a report submitted pursuant to this	248
section.	249

(2) In any civil or criminal action or proceeding in which	250
it is alleged and proved that participation in the making of a	251
report under this section was not in good faith or participation	252
in a judicial proceeding resulting from a report made under this	253
section was not in good faith, the court shall award the	254
prevailing party reasonable attorney's fees and costs and, if a	255
civil action or proceeding is voluntarily dismissed, may award	256
reasonable attorney's fees and costs to the party against whom the	257
civil action or proceeding is brought.	258

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	259
of this section, a report made under this section is confidential.	260
The information provided in a report made pursuant to this section	261
and the name of the person who made the report shall not be	262
released for use, and shall not be used, as evidence in any civil	263
action or proceeding brought against the person who made the	264
report. In a criminal proceeding, the report is admissible in	265
evidence in accordance with the Rules of Evidence and is subject	266
to discovery in accordance with the Rules of Criminal Procedure.	267

(2) No person shall permit or encourage the unauthorized	268
dissemination of the contents of any report made under this	269
section.	270

(3) A person who knowingly makes or causes another person to	271
make a false report under division (B) of this section that	272
alleges that any person has committed an act or omission that	273
resulted in a child being an abused child or a neglected child is	274
guilty of a violation of section 2921.14 of the Revised Code.	275

(4) If a report is made pursuant to division (A) or (B) of	276
this section and the child who is the subject of the report dies	277
for any reason at any time after the report is made, but before	278
the child attains eighteen years of age, the public children	279
services agency or municipal or county peace officer to which the	280
report was made or referred, on the request of the child fatality	281
review board, shall submit a summary sheet of information	282
providing a summary of the report to the review board of the	283
county in which the deceased child resided at the time of death.	284
On the request of the review board, the agency or peace officer	285
may, at its discretion, make the report available to the review	286
board.	287

(5) A public children services agency shall advise a person	288
alleged to have inflicted abuse or neglect on a child who is the	289
subject of a report made pursuant to this section in writing of	290
the disposition of the investigation. The agency shall not	291
provide to the person any information that identifies the person	292
who made the report, statements of witnesses, or police or other	293
investigative reports.	294

(I) Any report that is required by this section shall result	295
in protective services and emergency supportive services being	296
made available by the public children services agency on behalf of	297
the children about whom the report is made, in an effort to	298
prevent further neglect or abuse, to enhance their welfare, and,	299
whenever possible, to preserve the family unit intact. The agency	300
required to provide the services shall be the agency conducting	301
the investigation of the report pursuant to section 2151.422 of	302
the Revised Code.	303

(J)(1) Each public children services agency shall prepare a	304
memorandum of understanding that is signed by all of the	305
following:	306

(a) If there is only one juvenile judge in the county, the	307
juvenile judge of the county or the juvenile judge's	308
representative;	309

(b) If there is more than one juvenile judge in the county,	310
a juvenile judge or the juvenile judges' representative selected	311
by the juvenile judges or, if they are unable to do so for any	312
reason, the juvenile judge who is senior in point of service or	313
the senior juvenile judge's representative;	314

(c) The county peace officer;

315

(d) All chief municipal peace officers within the county;

316

(e) Other law enforcement officers handling child abuse and	317
neglect cases in the county;	318

(f) The prosecuting attorney of the county;

319

(g) If the public children services agency is not the county	320
department of job and family services, the county department of	321
job and family services.	322

(2) A memorandum of understanding shall set forth the normal	323
operating procedure to be employed by all concerned officials in	324
the execution of their respective responsibilities under this	325
section and division (C) of section 2919.21, division (B)(1) of	326
section 2919.22, division (B) of section 2919.23, and section	327
2919.24 of the Revised Code and shall have as two of its primary	328
goals the elimination of all unnecessary interviews of children	329
who are the subject of reports made pursuant to division (A) or	330
(B) of this section and, when feasible, providing for only one	331
interview of a child who is the subject of any report made	332
pursuant to division (A) or (B) of this section. A failure to	333
follow the procedure set forth in the memorandum by the concerned	334
officials is not grounds for, and shall not result in, the	335
dismissal of any charges or complaint arising from any reported	336
case of abuse or neglect or the suppression of any evidence	337
obtained as a result of any reported child abuse or child neglect	338
and does not give, and shall not be construed as giving, any	339
rights or any grounds for appeal or post-conviction relief to any	340
person.	341

(3) A memorandum of understanding shall include all of the	342
following:	343

(a) The roles and responsibilities for handling emergency	344
and nonemergency cases of abuse and neglect;	345

(b) Standards and procedures to be used in handling and	346
coordinating investigations of reported cases of child abuse and	347
reported cases of child neglect, methods to be used in	348
interviewing the child who is the subject of the report and who	349
allegedly was abused or neglected, and standards and procedures	350
addressing the categories of persons who may interview the child	351
who is the subject of the report and who allegedly was abused or	352
neglected.	353

(K)(1) Except as provided in division (K)(4) of this	354
section, a person who is required to make a report pursuant to	355
division (A) of this section may make a reasonable number of	356
requests of the public children services agency that receives or	357
is referred the report to be provided with the following	358
information:	359

(a) Whether the agency has initiated an investigation of the	360
report;	361

(b) Whether the agency is continuing to investigate the	362
report;	363

(c) Whether the agency is otherwise involved with the child	364
who is the subject of the report;	365

(d) The general status of the health and safety of the child	366
who is the subject of the report;	367

(e) Whether the report has resulted in the filing of a	368
complaint in juvenile court or of criminal charges in another	369
court.	370

(2) A person may request the information specified in	371
division (K)(1) of this section only if, at the time the report is	372
made, the person's name, address, and telephone number are	373
provided to the person who receives the report.	374

When a municipal or county peace officer or employee of a	375
public children services agency receives a report pursuant to	376
division (A) or (B) of this section the recipient of the report	377
shall inform the person of the right to request the information	378
described in division (K)(1) of this section. The recipient of	379
the report shall include in the initial child abuse or child	380
neglect report that the person making the report was so informed	381
and, if provided at the time of the making of the report, shall	382
include the person's name, address, and telephone number in the	383
report.	384

Each request is subject to verification of the identity of	385
the person making the report. If that person's identity is	386
verified, the agency shall provide the person with the information	387
described in division (K)(1) of this section a reasonable number	388
of times, except that the agency shall not disclose any	389
confidential information regarding the child who is the subject of	390
the report other than the information described in those	391
divisions.	392

(3) A request made pursuant to division (K)(1) of this	393
section is not a substitute for any report required to be made	394
pursuant to division (A) of this section.	395

(4) If an agency other than the agency that received or was	396
referred the report is conducting the investigation of the report	397
pursuant to section 2151.422 of the Revised Code, the agency	398
conducting the investigation shall comply with the requirements of	399
division (K) of this section.	400

(L) The director of job and family services shall adopt	401
rules in accordance with Chapter 119. of the Revised Code to	402
implement this section. The department of job and family services	403
may enter into a plan of cooperation with any other governmental	404
entity to aid in ensuring that children are protected from abuse	405
and neglect. The department shall make recommendations to the	406
attorney general that the department determines are necessary to	407
protect children from child abuse and child neglect.	408

(M) No later than the end of the day following the day on	409
which a public children services agency receives a report of	410
alleged child abuse or child neglect, or a report of an alleged	411
threat of child abuse or child neglect, that allegedly occurred in	412
or involved an out-of-home care entity, the agency shall provide	413
written notice of the allegations contained in and the person	414
named as the alleged perpetrator in the report to the	415
administrator, director, or other chief administrative officer of	416
the out-of-home care entity that is the subject of the report	417
unless the administrator, director, or other chief administrative	418
officer is named as an alleged perpetrator in the report. If the	419
administrator, director, or other chief administrative officer of	420
an out-of-home care entity is named as an alleged perpetrator in a	421
report of alleged child abuse or child neglect, or a report of an	422
alleged threat of child abuse or child neglect, that allegedly	423
occurred in or involved the out-of-home care entity, the agency	424
shall provide the written notice to the owner or governing board	425
of the out-of-home care entity that is the subject of the report.	426
The agency shall not provide witness statements or police or other	427
investigative reports.	428

(N) No later than three days after the day on which a public	429
children services agency that conducted the investigation as	430
determined pursuant to section 2151.422 of the Revised Code makes	431
a disposition of an investigation involving a report of alleged	432
child abuse or child neglect, or a report of an alleged threat of	433
child abuse or child neglect, that allegedly occurred in or	434
involved an out-of-home care entity, the agency shall send written	435
notice of the disposition of the investigation to the	436
administrator, director, or other chief administrative officer and	437
the owner or governing board of the out-of-home care entity. The	438
agency shall not provide witness statements or police or other	439
investigative reports.	440

Sec. 2301.27.  (A)(1) The court of common pleas may	441
establish a county department of probation. The establishment of	442
the department shall be entered upon the journal of the court, and	443
the clerk of the court of common pleas shall certify a copy of the	444
journal entry establishing the department to each elective officer	445
and board of the county. The department shall consist of a chief	446
probation officer and the number of other probation officers and	447
employees, clerks, and stenographers that is fixed from time to	448
time by the court. The court shall appoint those individuals, fix	449
their salaries, and supervise their work. The court shall not	450
appoint as a probation officer any person who does not possess the	451
training, experience, and other qualifications prescribed by the	452
adult parole authority created by section 5149.02 of the Revised	453
Code. Probation officers have all the powers of regular police	454
officers and shall perform any duties that are designated by the	455
judge or judges of the court. All positions within the department	456
of probation shall be in the classified service of the civil	457
service of the county.	458

(2) If two or more counties desire to jointly establish a	459
probation department for those counties, the judges of the courts	460
of common pleas of those counties may establish a probation	461
department for those counties. If a probation department is	462
established pursuant to division (A)(2) of this section to serve	463
more than one county, the judges of the courts of common pleas	464
that established the department shall designate the county	465
treasurer of one of the counties served by the department as the	466
treasurer to whom probation fees paid under section 2951.021 of	467
the Revised Code are to be appropriated and transferred under	468
division (A)(2) of section 321.44 of the Revised Code for deposit	469
into the multicounty probation services fund established under	470
division (B) of section 321.44 of the Revised Code.	471

The cost of the administration and operation of a probation	472
department established for two or more counties shall be prorated	473
to the respective counties on the basis of population.	474

(3) Probation officers shall receive, in addition to their	475
respective salaries, their necessary and reasonable travel and	476
other expenses incurred in the performance of their duties. Their	477
salaries and expenses shall be paid monthly from the county	478
treasury in the manner provided for the payment of the	479
compensation of other appointees of the court.	480

(B)(1) In lieu of establishing a county department of	481
probation under division (A) of this section and in lieu of	482
entering into an agreement with the adult parole authority as	483
described in division (B) of section 2301.32 of the Revised Code,	484
the court of common pleas may request the board of county	485
commissioners to contract with, and upon that request the board	486
may contract with, any nonprofit, public or private agency,	487
association, or organization for the provision of probation	488
services and supervisory services for persons placed under	489
community control sanctions. The contract shall specify that each	490
individual providing the probation services and supervisory	491
services shall possess the training, experience, and other	492
qualifications prescribed by the adult parole authority. The	493
individuals who provide the probation services and supervisory	494
services shall not be included in the classified or unclassified	495
civil service of the county.	496

(2) In lieu of establishing a county department of probation	497
under division (A) of this section and in lieu of entering into an	498
agreement with the adult parole authority as described in division	499
(B) of section 2301.32 of the Revised Code, the courts of common	500
pleas of two or more adjoining counties jointly may request the	501
boards of county commissioners of those counties to contract with,	502
and upon that request the boards of county commissioners of two or	503
more adjoining counties jointly may contract with, any nonprofit,	504
public or private agency, association, or organization for the	505
provision of probation services and supervisory services for	506
persons placed under community control sanctions for those	507
counties. The contract shall specify that each individual	508
providing the probation services and supervisory services shall	509
possess the training, experience, and other qualifications	510
prescribed by the adult parole authority. The individuals who	511
provide the probation services and supervisory services shall not	512
be included in the classified or unclassified civil service of any	513
of those counties.	514

(C) The chief probation officer may grant permission to a	515
probation officer to carry firearms when required in the discharge	516
of official duties, provided that anyif the probation officer who	517
is granted permission to carry firearms in the discharge of	518
official duties, within six months of receiving permission to	519
carry a firearm, shallhas successfully completecompleted a basic	520
firearm training program that is conducted at a training school	521
approved by the executive director of the Ohio peace officer	522
training commission and that is substantially similar to the basic	523
firearm training program for peace officers conducted at the Ohio	524
peace officer training academy and receive a certificate of	525
satisfactory completion of that program from the executive	526
director of the Ohio peace officer training commission. Any	527
probation officer who does not successfully complete a basic	528
firearm training program within the six-month period after	529
receiving permission to carry a firearm shall not carry, after the	530
expiration of that six-month period, a firearm in the discharge of	531
official duties until the probation officer has successfully	532
completed a basic firearm training program. A probation officer	533
who has received a certificate of satisfactory completion of a	534
basic firearm training program, to maintain the rightbeen granted	535
permission to carry a firearm in the discharge of official duties,	536
annually shall successfully complete a firearms requalification	537
program in accordance with section 109.801 of the Revised Code.	538

(D) As used in this section, "community control sanction"	539
has the same meaning as in section 2929.01 of the Revised Code.	540

Sec. 2301.54.  Each citizens advisory board appointed under	541
section 2301.53 of the Revised Code shall do all of the following,	542
for each community-based correctional facility and program or	543
district community-based correctional facility and program that	544
was contained in a proposal submitted by the judicial corrections	545
board that appointed it and that was approved by the section on	546
probation development and supervision of the adult parole	547
authoritydivision of parole and community services:	548

(A) Recommend physical facilities for the use and operation	549
of the facility and program;	550

(B) Provide community relations services for the facility	551
and program;	552

(C) Regularly conduct public meetings in the communities	553
that are served by the facility and program, accept	554
recommendations from the public that are offered at the meetings	555
and that relate to the operation of the facility and program, and	556
refer the recommendations to the judicial corrections board;	557

(D) Encourage the provision of community services by	558
persons, agencies, organizations, or groups in the area served by	559
the facility and program, and seek out persons, agencies,	560
organizations, or groups to provide community services, to the	561
facility and program;	562

(E) Perform other duties relating to the operation of the	563
facility and program that are prescribed by the judicial	564
corrections board.	565

Sec. 2907.03.  (A) No person shall engage in sexual conduct	566
with another, not the spouse of the offender, when any of the	567
following apply:	568

(1) The offender knowingly coerces the other person to	569
submit by any means that would prevent resistance by a person of	570
ordinary resolution.	571

(2) The offender knows that the other person's ability to	572
appraise the nature of or control the other person's own conduct	573
is substantially impaired.	574

(3) The offender knows that the other person submits because	575
the other person is unaware that the act is being committed.	576

(4) The offender knows that the other person submits because	577
the other person mistakenly identifies the offender as the other	578
person's spouse.	579

(5) The offender is the other person's natural or adoptive	580
parent, or a stepparent, or guardian, custodian, or person in loco	581
parentis of the other person.	582

(6) The other person is in custody of law or a patient in a	583
hospital or other institution, and the offender has supervisory or	584
disciplinary authority over the other person.	585

(7) The offender is a teacher, administrator, coach, or	586
other person in authority employed by or serving in a school for	587
which the state board of education prescribes minimum standards	588
pursuant to division (D) of section 3301.07 of the Revised Code,	589
the other person is enrolled in or attends that school, and the	590
offender is not enrolled in and does not attend that school.	591

(8) The other person is a minor, the offender is a teacher,	592
administrator, coach, or other person in authority employed by or	593
serving in an institution of higher education, and the other	594
person is enrolled in or attends that institution.	595

(9) The other person is a minor, and the offender is the	596
other person's athletic or other type of coach, is the other	597
person's instructor, is the leader of a scouting troop of which	598
the other person is a member, or is a person with temporary or	599
occasional disciplinary control over the other person.	600

(10) The offender is a mental health professional, the other	601
person is a mental health client or patient of the offender, and	602
the offender induces the other person to submit by falsely	603
representing to the other person that the sexual conduct is	604
necessary for mental health treatment purposes.	605

(11) The other person is confined in a detention facility,	606
and the offender is an employee of that detention facility.	607

(B) Whoever violates this section is guilty of sexual	608
battery, a felony of the third degree.	609

(C) As used in this section, "institution of higher	610
education" means a state institution of higher education defined	611
in section 3345.011 of the Revised Code, a private nonprofit	612
college or university located in this state that possesses a	613
certificate of authorization issued by the Ohio board of regents	614
pursuant to Chapter 1713. of the Revised Code, or a school	615
certified under Chapter 3332. of the Revised Code.	616

Sec. 2921.36.  (A) No person shall knowingly convey, or	617
attempt to convey, onto the grounds of a detention facility or of	618
an institution that is under the control of the department of	619
mental health or the department of mental retardation and	620
developmental disabilities, any of the following items:	621

(1) Any deadly weapon or dangerous ordnance, as defined in	622
section 2923.11 of the Revised Code, or any part of or ammunition	623
for use in such a deadly weapon or dangerous ordnance;	624

(2) Any drug of abuse, as defined in section 3719.011 of the	625
Revised Code;	626

(3) Any intoxicating liquor, as defined in section 4301.01	627
of the Revised Code.	628

(B) Division (A) of this section does not apply to any	629
person who conveys or attempts to convey an item onto the grounds	630
of a detention facility or of an institution under the control of	631
the department of mental health or the department of mental	632
retardation and developmental disabilities pursuant to the written	633
authorization of the person in charge of the detention facility or	634
the institution and in accordance with the written rules of the	635
detention facility or the institution.	636

(C) No person shall knowingly deliver, or attempt to	637
deliver, to any person who is confined in a detention facility or	638
to any patient in an institution under the control of the	639
department of mental health or the department of mental	640
retardation and developmental disabilities, any item listed in	641
division (A)(1), (2), or (3) of this section.	642

(D) No person shall knowingly deliver, or attempt to	643
deliver, cash to any person who is confined in a detention	644
facility.	645

(E) No person shall knowingly deliver, or attempt to deliver,	646
to any person who is confined in a detention facility a cellular	647
telephone, two-way radio, or other electronic communications	648
device.	649

(F)(1) It is an affirmative defense to a charge under	650
division (A)(1) of this section that the weapon or dangerous	651
ordnance in question was being transported in a motor vehicle for	652
any lawful purpose, that it was not on the actor's person, and, if	653
the weapon or dangerous ordnance in question was a firearm, that	654
it was unloaded and was being carried in a closed package, box, or	655
case or in a compartment that can be reached only by leaving the	656
vehicle.	657

(2) It is an affirmative defense to a charge under division	658
(C) of this section that the actor was not otherwise prohibited by	659
law from delivering the item to the confined person or the patient	660
and that either of the following applies:	661

(a) The actor was permitted by the written rules of the	662
detention facility or the institution to deliver the item to the	663
confined person or the patient.	664

(b) The actor was given written authorization by the person	665
in charge of the detention facility or the institution to deliver	666
the item to the confined person or the patient.	667

(F)(G)(1) Whoever violates division (A)(1) of this section	668
or commits a violation of division (C) of this section involving	669
an item listed in division (A)(1) of this section is guilty of	670
illegal conveyance of weapons onto the grounds of a detention	671
facility or a mental health or mental retardation and	672
developmental disabilities institution, a felony of the fourth	673
degree. If the offender is an officer or employee of the	674
department of rehabilitation and correction, the court shall	675
impose a mandatory prison term.	676

(2) Whoever violates division (A)(2) of this section or	677
commits a violation of division (C) of this section involving any	678
drug of abuse is guilty of illegal conveyance of drugs of abuse	679
onto the grounds of a detention facility or a mental health or	680
mental retardation and developmental disabilities institution, a	681
felony of the third degree. If the offender is an officer or	682
employee of the department of rehabilitation and correction or of	683
the department of youth services, the court shall impose a	684
mandatory prison term.	685

(3) Whoever violates division (A)(3) of this section or	686
commits a violation of division (C) of this section involving any	687
intoxicating liquor is guilty of illegal conveyance of	688
intoxicating liquor onto the grounds of a detention facility or a	689
mental health or mental retardation and developmental disabilities	690
institution, a misdemeanor of the second degree.	691

(4) Whoever violates division (D) of this section is guilty	692
of illegal conveyance of cash onto the grounds of a detention	693
facility, a misdemeanor of the first degree. If the offender	694
previously has been convicted of or pleaded guilty to a violation	695
of division (D) of this section, illegal conveyance of cash onto	696
the grounds of a detention facility is a felony of the fifth	697
degree.	698

(5) Whoever violates division (E) of this section is guilty	699
of illegal conveyance of a communications device onto the grounds	700
of a detention facility, a misdemeanor of the first degree, or if	701
the offender previously has been convicted of or pleaded guilty to	702
a violation of division (E) of this section, a felony of the fifth	703
degree.	704

Sec. 2933.41.  (A)(1) Any property, other than contraband	705
that is subject to the provisions of section 2913.34 or 2933.43 of	706
the Revised Code, other than property that is subject to section	707
3719.141 of the Revised Code, other than property that is	708
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45	709
of the Revised Code, other than a vehicle that is criminally	710
forfeited under an order issued under section 4503.233 or 4503.234	711
of the Revised Code and that is to be disposed of under section	712
4503.234 of the Revised Code, other than property that has been	713
lawfully seized under sections 2933.71 to 2933.75 of the Revised	714
Code in relation to a medicaid fraud offense, and other than	715
property that has been lawfully seized in relation to a violation	716
of section 2923.32 of the Revised Code, that has been lost,	717
abandoned, stolen, seized pursuant to a search warrant, or	718
otherwise lawfully seized or forfeited, and that is in the custody	719
of a law enforcement agency shall be kept safely pending the time	720
it no longer is needed as evidence and shall be disposed of	721
pursuant to this section. Each law enforcement agency that has	722
custody of any property that is subject to this section shall	723
adopt a written internal control policy that addresses the keeping	724
of detailed records as to the amount of property taken in by the	725
agency, that addresses the agency's disposition of the property	726
under this section, that provides for the keeping of detailed	727
records of the disposition of the property, and that provides for	728
the keeping of detailed financial records of the amount and	729
disposition of any proceeds of a sale of the property under	730
division (D)(8) of this section and of the general types of	731
expenditures made out of the proceeds retained by the agency and	732
the specific amount expended on each general type of expenditure.	733
The policy shall not provide for or permit the identification of	734
any specific expenditure that is made in an ongoing investigation.	735
The policy is a public record open for inspection under section	736
149.43 of the Revised Code.	737

(2)(a) Every law enforcement agency that has any lost,	738
abandoned, stolen, seized, or forfeited property as described in	739
division (A)(1) of this section in its custody shall comply with	740
its written internal control policy adopted under that division	741
relative to the property. Each agency that has any such property	742
in its custody, except for property to be disposed of under	743
division (D)(4) of this section, shall maintain an accurate	744
record, in accordance with its written internal control policy, of	745
each item of the property. The record shall include the date on	746
which each item of property came into the agency's custody, the	747
manner in which it was disposed of, the date of its disposition,	748
the name of the person who received the property if it was not	749
destroyed, and all other information required by the agency's	750
written internal control policy; however, the record shall not	751
identify or enable the identification of the individual officer	752
who seized any item of property. The record of any property that	753
no longer is needed as evidence, and all financial records of the	754
amount and disposition of any proceeds of a sale under division	755
(D)(8) of this section and of the general types of expenditures	756
made out of the proceeds retained by the agency and the specific	757
amount of each general type of expenditure, shall be open to	758
public inspection during the agency's regular business hours.	759

Each law enforcement agency that, during any calendar year,	760
has any seized or forfeited property as described in division	761
(A)(1) of this section in its custody shall prepare a report	762
covering the calendar year that cumulates all of the information	763
contained in all of the records kept by the agency pursuant to	764
this division for that calendar year and shall send a copy of the	765
cumulative report, no later than the first day of March in the	766
calendar year following the calendar year covered by the report,	767
to the attorney general. Each report received by the attorney	768
general is a public record open for inspection under section	769
149.43 of the Revised Code.	770

(b) Each law enforcement agency that receives in any	771
calendar year any proceeds of a sale under division (D)(8) of this	772
section shall prepare a report covering the calendar year that	773
cumulates all of the information contained in all of the public	774
financial records kept by the agency pursuant to division	775
(D)(2)(a) of this section for that calendar year and shall send a	776
copy of the cumulative report, no later than the first day of	777
March in the calendar year following the calendar year covered by	778
the report, to the attorney general. Each report received by the	779
attorney general is a public record open for inspection under	780
section 149.43 of the Revised Code.	781

(c) Not later than the fifteenth day of April in the	782
calendar year in which reports are sent to the attorney general	783
under divisions (A)(2)(a) and (b) of this section, the attorney	784
general shall send to the president of the senate and the speaker	785
of the house of representatives a written notification that does	786
all of the following:	787

(i) Indicates that the attorney general has received from	788
law enforcement agencies reports of the type described in division	789
(A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this section,	790
whichever is applicable, that cover the previous calendar year and	791
indicates that the reports were received under division (A)(2)(a),	792
(A)(2)(b), or both (A)(2)(a) and (b) of this section, whichever is	793
applicable;	794

(ii) Indicates that the reports are open for inspection	795
under section 149.43 of the Revised Code;	796

(iii) Indicates that the attorney general will provide a	797
copy of any or all of the reports to the president of the senate	798
or the speaker of the house of representatives upon request.	799

(B) A law enforcement agency that has property in its	800
possession that is required to be disposed of pursuant to this	801
section shall make a reasonable effort to locate the persons	802
entitled to possession of the property in its custody, to notify	803
them of when and where it may be claimed, and to return the	804
property to them at the earliest possible time. In the absence of	805
evidence identifying persons entitled to possession, it is	806
sufficient notice to advertise in a newspaper of general	807
circulation in the county, briefly describing the nature of the	808
property in custody and inviting persons to view and establish	809
their right to it.	810

(C) A person loses any right that the person may have to the	811
possession, or the possession and ownership, of property if any of	812
the following applies:	813

(1) The property was the subject, or was used in a	814
conspiracy or attempt to commit, or in the commission, of an	815
offense other than a traffic offense, and the person is a	816
conspirator, accomplice, or offender with respect to the offense.	817

(2) A court determines that the property should be forfeited	818
because, in light of the nature of the property or the	819
circumstances of the person, it is unlawful for the person to	820
acquire or possess the property.	821

(D) Unclaimed or forfeited property in the custody of a law	822
enforcement agency, other than contraband that is subject to the	823
provisions of section 2913.34 or 2933.43 of the Revised Code,	824
other than property forfeited under sections 2923.44 to 2923.47 or	825
2925.41 to 2925.45 of the Revised Code, and other than property	826
that has been lawfully seized in relation to a violation of	827
section 2923.32 of the Revised Code, shall be disposed of on	828
application to and order of any court of record that has	829
territorial jurisdiction over the political subdivision in which	830
the law enforcement agency has jurisdiction to engage in law	831
enforcement activities, as follows:	832

(1) Drugs shall be disposed of pursuant to section 3719.11	833
of the Revised Code or placed in the custody of the secretary of	834
the treasury of the United States for disposal or use for medical	835
or scientific purposes under applicable federal law.	836

(2) Firearms and dangerous ordnance suitable for police work	837
may be given to a law enforcement agency for that purpose.	838
Firearms suitable for sporting use or as museum pieces or	839
collectors' items may be sold at public auction pursuant to	840
division (D)(8) of this section. Other firearms and dangerous	841
ordnance shall be destroyed by the agency or shall be sent to the	842
bureau of criminal identification and investigation for	843
destruction by the bureau.	844

(3) Obscene materials shall be destroyed.

845

(4) Beer, intoxicating liquor, or alcohol seized from a	846
person who is not the holder of a permit issued under Chapters	847
4301. and 4303. of the Revised Code or is an offender and	848
forfeited to the state under section 4301.45 or 4301.53 of the	849
Revised Code either shall be sold by the division of liquor	850
control, if the division determines that the beer, intoxicating	851
liquor, or alcohol is fit for sale, or shall be placed in the	852
custody of the investigations unit in the department of public	853
safety and be used for training relating to law enforcement	854
activities. The department, with the assistance of the division	855
of liquor control, shall adopt rules in accordance with Chapter	856
119. of the Revised Code to provide for the distribution of such	857
beer, intoxicating liquor, or alcohol to state or local law	858
enforcement agencies upon their request. If any tax imposed under	859
Title XLIII of the Revised Code has not been paid in relation to	860
the beer, intoxicating liquor, or alcohol, the proceeds of the	861
sale shall first be used to pay the tax. All other money	862
collected under division (D)(4) of this section shall be paid into	863
the state treasury. Any such beer, intoxicating liquor, or	864
alcohol that the division determines to be unfit for sale shall be	865
destroyed.	866

(5) Money received by an inmate of a correctional	867
institution from an unauthorized source or in an unauthorized	868
manner shall be returned to the sender, if known, or deposited in	869
the inmates' industrial and entertainment fund if the sender is	870
not known.	871

(6) Vehicles and vehicle parts forfeited under sections	872
4549.61 to 4549.63 of the Revised Code may be given to a law	873
enforcement agency for use in the performance of its duties.	874
Those parts may be incorporated into any other official vehicle.	875
Parts that do not bear vehicle identification numbers or	876
derivatives of them may be sold or disposed of as provided by	877
rules of the director of public safety. Parts from which a	878
vehicle identification number or derivative of it has been	879
removed, defaced, covered, altered, or destroyed and that are not	880
suitable for police work or incorporation into an official vehicle	881
shall be destroyed and sold as junk or scrap.	882

(7)(a) Computers, computer networks, computer systems, and	883
computer software suitable for police work may be given to a law	884
enforcement agency for that purpose. Other computers, computer	885
networks, computer systems, and computer software shall be	886
disposed of pursuant to division (D)(8) of this section.	887

(b) As used in this section, "computers," "computer	888
networks," "computer systems," and "computer software" have the	889
same meanings as in section 2913.01 of the Revised Code.	890

(8) Other unclaimed or forfeited property, including	891
personal property that is abandoned or relinquished by an inmate	892
of a state correctional institution, with the approval of the	893
court, may be used by the law enforcement agency that has	894
possession of it. If the other unclaimed or forfeited property is	895
not used by the law enforcement agency, it may be sold, without	896
appraisal, at a public auction to the highest bidder for cash, or,	897
in the case of other unclaimed or forfeited moneys, disposed of in	898
another manner that the court considers proper in the	899
circumstances.	900

(E)(1)(a) If the property was in the possession of the law	901
enforcement agency in relation to a delinquent child proceeding in	902
a juvenile court, ten per cent of the proceeds from property	903
disposed of pursuant to this section shall be applied to one or	904
more alcohol and drug addiction treatment programs that are	905
certified by the department of alcohol and drug addiction services	906
under section 3793.06 of the Revised Code and that are specified	907
by the court in its order issued under division (D) of this	908
section. A juvenile court shall not specify an alcohol or drug	909
addiction treatment program in the order unless the program is a	910
certified alcohol and drug addiction treatment program and, except	911
as provided in division (E)(1)(a) of this section, unless the	912
program is located in the county in which the court that issues	913
the orders is located or in a contiguous county. If no certified	914
alcohol and drug addiction treatment program is located in any of	915
those counties, the juvenile court may specify in the order a	916
certified alcohol and drug addiction treatment program located	917
anywhere within this state. The remaining ninety per cent of the	918
proceeds shall be applied as provided in division (E)(1)(b) of	919
this section.	920

If the property was in the possession of the law enforcement	921
agency other than in relation to a delinquent child proceeding in	922
a juvenile court, all of the proceeds from property disposed of	923
pursuant to this section shall be applied as provided in division	924
(E)(1)(b) of this section.	925

(b) Except as provided in divisions (D)(4), (5), and (E)(2)	926
of this section and after compliance with division (E)(1)(a) of	927
this section when that division is applicable, the proceeds from	928
property disposed of pursuant to this section shall be placed in	929
the general fund of the state, the county, the township, or the	930
municipal corporation, of which the law enforcement agency	931
involved is an agency.	932

(2) Each board of county commissioners that recognizes a	933
citizens' reward program as provided in section 9.92 of the	934
Revised Code shall notify each law enforcement agency of that	935
county and each law enforcement agency of a township or municipal	936
corporation wholly located in that county of the official	937
recognition of the citizens' reward program by filing a copy of	938
its resolution conferring that recognition with each of those law	939
enforcement agencies. When the board of county commissioners of a	940
county recognizes a citizens' reward program and the county	941
includes a part, but not all, of the territory of a municipal	942
corporation, the board shall so notify the law enforcement agency	943
of that municipal corporation of the official recognition of the	944
citizens' reward program only if the county contains the highest	945
percentage of the municipal corporation's population. Upon	946
receipt of a notice described in this division, each law	947
enforcement agency shall pay twenty-five per cent of the proceeds	948
from each sale of property disposed of pursuant to this section to	949
the citizens' reward program for use exclusively for the payment	950
of rewards. No part of those funds may be used to pay for the	951
administrative expenses or any other expenses associated with a	952
citizens' reward program. If a citizens' reward program that	953
operates in more than one county or in another state or states in	954
addition to this state receives funds pursuant to this section,	955
the funds shall be used to pay rewards only for tips and	956
information to law enforcement agencies concerning felonies,	957
offenses of violence, or misdemeanors that have been committed in	958
the county from which the funds were received.	959

(F) This section does not apply to the collection, storage,	960
or disposal of abandoned junk motor vehicles. This section shall	961
not be construed to rescind or restrict the authority of a	962
municipal law enforcement agency to keep and dispose of lost,	963
abandoned, stolen, seized, or forfeited property under an	964
ordinance of the municipal corporation or under sections 737.29 to	965
737.33 of the Revised Code, provided that, when a municipal	966
corporation that has received notice as provided in division	967
(E)(2) of this section disposes of property under an ordinance, it	968
shall pay twenty-five per cent of the proceeds from any sale or	969
auction to the citizens' reward program as provided under that	970
division.	971

(G) The receipt of funds by a citizens' reward program	972
pursuant to division (E) of this section does not make it a	973
governmental unit for purposes of section 149.43 of the Revised	974
Code and does not subject it to the disclosure provisions of that	975
section.	976

(H) This section does not apply to the disposal of stolen or	977
other property recovered by township law enforcement agencies	978
pursuant to sections 505.105 to 505.109 of the Revised Code.	979

(I)(1) Subject to divisions (D)(1) to (7) of this section,	980
and otherwise notwithstanding the provisions of this section,	981
personal property that is subject to this section and that is	982
abandoned or relinquished by an inmate of a state correctional	983
institution may be destroyed or used by order of the warden of the	984
institution, if either of the following apply:	985

(a) The value of the item is one hundred dollars or less,	986
the state correctional institution has attempted to contact or	987
identify the owner of the personal property, and those attempts	988
have been unsuccessful.	989

(b) The inmate who owns the personal property agrees in	990
writing to the disposal of the personal property in question.	991

(2) The department of rehabilitation and correction shall	992
record the seizure and disposition of any personal property	993
pursuant to division (I)(1) of this section, any attempts to	994
contact or identify the owner of the personal property pursuant to	995
division (I)(1)(a) of this section, and any agreement made	996
pursuant to division (I)(1)(b) of this section.	997

(J) For purposes of this section, "law enforcement agency"	998
includes correctional institutions, and "citizens' reward program"	999
has the same meaning as in section 9.92 of the Revised Code. As	1000
used in division (H) of this section, "township law enforcement	1001
agencies" means an organized police department of a township, a	1002
township police district, a joint township police district, or the	1003
office of a township constable.	1004

Sec. 2951.03.  (A)(1) No person who has been convicted of or	1005
pleaded guilty to a felony shall be placed under a community	1006
control sanction until a written presentence investigation report	1007
has been considered by the court. If a court orders the	1008
preparation of a presentence investigation report pursuant to this	1009
section, section 2947.06 of the Revised Code, or Criminal Rule	1010
32.2, the officer making the report shall inquire into the	1011
circumstances of the offense and the criminal record, social	1012
history, and present condition of the defendant, all information	1013
available regarding any prior adjudications of the defendant as a	1014
delinquent child and regarding the dispositions made relative to	1015
those adjudications, and any other matters specified in Criminal	1016
Rule 32.2. Whenever the officer considers it advisable, the	1017
officer's investigation may include a physical and mental	1018
examination of the defendant. A physical examination of the	1019
defendant may include a drug test consisting of a chemical	1020
analysis of a blood or urine specimen of the defendant to	1021
determine whether the defendant ingested or was injected with a	1022
drug of abuse. If, pursuant to section 2930.13 of the Revised	1023
Code, the victim of the offense of which the defendant has been	1024
convicted wishes to make a statement regarding the impact of the	1025
offense for the officer's use in preparing the presentence	1026
investigation report, the officer shall comply with the	1027
requirements of that section.	1028

(2) If a defendant is committed to any institution, the	1029
presentence investigation report shall be sent to the institution	1030
with the entry of commitment. If a defendant is committed to any	1031
institution and a presentence investigation report is not prepared	1032
regarding that defendant pursuant to this section, section 2947.06	1033
of the Revised Code, or Criminal Rule 32.2, the director of the	1034
department of rehabilitation and correction or the director's	1035
designee may order that an offender background investigation and	1036
report be conducted and prepared regarding the defendant pursuant	1037
to section 5120.16 of the Revised Code. An offender background	1038
investigation report prepared pursuant to this section shall be	1039
considered confidential information and is not a public record	1040
under section 149.43 of the Revised Code.	1041

(3) The department of rehabilitation and correction may use	1042
any presentence investigation report and any offender background	1043
investigation report prepared pursuant to this section for	1044
penological and rehabilitative purposes. The department may	1045
disclose any presentence investigation report and any offender	1046
background investigation report to courts, law enforcement	1047
agencies, community-based correctional facilities, halfway houses,	1048
and medical, mental health, and substance abuse treatment	1049
providers. The department shall make the disclosure in a manner	1050
calculated to maintain the report's confidentiality. Any	1051
presentence investigation report or offender background	1052
investigation report that the department discloses to a	1053
community-based correctional facility, a halfway house, or a	1054
medical, mental health, or substance abuse treatment provider	1055
shall not include a victim impact section or information	1056
identifying a witness.	1057

(B)(1) If a presentence investigation report is prepared	1058
pursuant to this section, section 2947.06 of the Revised Code, or	1059
Criminal Rule 32.2, the court, at a reasonable time before	1060
imposing sentence, shall permit the defendant or the defendant's	1061
counsel to read the report, except that the court shall not permit	1062
the defendant or the defendant's counsel to read any of the	1063
following:	1064

(a) Any recommendation as to sentence;

1065

(b) Any diagnostic opinions that, if disclosed, the court	1066
believes might seriously disrupt a program of rehabilitation for	1067
the defendant;	1068

(c) Any sources of information obtained upon a promise of	1069
confidentiality;	1070

(d) Any other information that, if disclosed, the court	1071
believes might result in physical harm or some other type of harm	1072
to the defendant or to any other person.	1073

(2) Prior to sentencing, the court shall permit the	1074
defendant and the defendant's counsel to comment on the	1075
presentence investigation report and, in its discretion, may	1076
permit the defendant and the defendant's counsel to introduce	1077
testimony or other information that relates to any alleged factual	1078
inaccuracy contained in the report.	1079

(3) If the court believes that any information in the	1080
presentence investigation report should not be disclosed pursuant	1081
to division (B)(1) of this section, the court, in lieu of making	1082
the report or any part of the report available, shall state orally	1083
or in writing a summary of the factual information contained in	1084
the report that will be relied upon in determining the defendant's	1085
sentence. The court shall permit the defendant and the	1086
defendant's counsel to comment upon the oral or written summary of	1087
the report.	1088

(4) Any material that is disclosed to the defendant or the	1089
defendant's counsel pursuant to this section shall be disclosed to	1090
the prosecutor who is handling the prosecution of the case against	1091
the defendant.	1092

(5) If the comments of the defendant or the defendant's	1093
counsel, the testimony they introduce, or any of the other	1094
information they introduce alleges any factual inaccuracy in the	1095
presentence investigation report or the summary of the report, the	1096
court shall do either of the following with respect to each	1097
alleged factual inaccuracy:	1098

(a) Make a finding as to the allegation;

1099

(b) Make a determination that no finding is necessary with	1100
respect to the allegation, because the factual matter will not be	1101
taken into account in the sentencing of the defendant.	1102

(C) A court's decision as to the content of a summary under	1103
division (B)(3) of this section or as to the withholding of	1104
information under division (B)(1)(a), (b), (c), or (d) of this	1105
section shall be considered to be within the discretion of the	1106
court. No appeal can be taken from either of those decisions, and	1107
neither of those decisions shall be the basis for a reversal of	1108
the sentence imposed.	1109

(D)(1) The contents of a presentence investigation report	1110
prepared pursuant to this section, section 2947.06 of the Revised	1111
Code, or Criminal Rule 32.2 and the contents of any written or	1112
oral summary of a presentence investigation report or of a part of	1113
a presentence investigation report described in division (B)(3) of	1114
this section are confidential information and are not a public	1115
record. The court, an appellate court, authorized probation	1116
officers, investigators, and court personnel, the defendant, the	1117
defendant's counsel, the prosecutor who is handling the	1118
prosecution of the case against the defendant, and authorized	1119
personnel of an institution to which the defendant is committed	1120
may inspect, receive copies of, retain copies of, and use a	1121
presentence investigation report or a written or oral summary of a	1122
presentence investigation only for the purposes of or only as	1123
authorized by Criminal Rule 32.2 or this section, division (F)(1)	1124
of section 2953.08, section 2947.06, or another section of the	1125
Revised Code.	1126

(2) Immediately following the imposition of sentence upon	1127
the defendant, the defendant or the defendant's counsel and the	1128
prosecutor shall return to the court all copies of a presentence	1129
investigation report and of any written summary of a presentence	1130
investigation report or part of a presentence investigation report	1131
that the court made available to the defendant or the defendant's	1132
counsel and to the prosecutor pursuant to this section. The	1133
defendant or the defendant's counsel and the prosecutor shall not	1134
make any copies of the presentence investigation report or of any	1135
written summary of a presentence investigation report or part of a	1136
presentence investigation report that the court made available to	1137
them pursuant to this section.	1138

(3) Except when a presentence investigation report or a	1139
written or oral summary of a presentence investigation report is	1140
being used for the purposes of or as authorized by Criminal Rule	1141
32.2 or this section, division (F)(1) of section 2953.08, section	1142
2947.06, or another section of the Revised Code, the court or	1143
other authorized holder of the report or summary shall retain the	1144
report or summary under seal.	1145

(E) In inquiring into the information available regarding any	1146
prior adjudications of the defendant as a delinquent child and	1147
regarding the dispositions made relative to those adjudications,	1148
the officer making the report shall consider all information that	1149
is relevant, including, but not limited to, the materials	1150
described in division (B) of section 2151.14, division (C)(3) of	1151
section 2152.18, division (D)(3) of section 2152.19, and division	1152
(E) of section 2152.71 of the Revised Code.	1153

(F) As used in this section:

1154

(1) "Prosecutor" has the same meaning as in section 2935.01	1155
of the Revised Code.	1156

(2) "Community control sanction" has the same meaning as in	1157
section 2929.01 of the Revised Code.	1158

(3) "Public record" has the same meaning as in section	1159
149.43 of the Revised Code.	1160

Sec. 2967.14.  (A) The adult parole authority may require a	1161
parolee or releasee to reside in a halfway house or other suitable	1162
community residential center that has been licensed by the	1163
division of parole and community services pursuant to division (C)	1164
of this section during a part or for the entire period of the	1165
parolee's conditional release or of the releasee's term of	1166
post-release control. The court of common pleas that placed an	1167
offender under a sanction consisting of a term in a halfway house	1168
or in an alternative residential sanction may require the offender	1169
to reside in a halfway house or other suitable community	1170
residential center that is designated by the court and that has	1171
been licensed by the division pursuant to division (C) of this	1172
section during a part or for the entire period of the offender's	1173
residential sanction.	1174

(B) The division of parole and community services may	1175
negotiate and enter into agreements with any public or private	1176
agency or a department or political subdivision of the state that	1177
operates a halfway house or community residential center that has	1178
been licensed by the division pursuant to division (C) of this	1179
section. An agreement under this division shall provide for	1180
housing, supervision, and other services that are required for	1181
persons who have been assigned to a halfway house or community	1182
residential center, including parolees, releasees, persons placed	1183
under a residential sanction, persons under transitional control,	1184
and other eligible offendersthe purchase of beds, shall set	1185
limits of supervision and levels of occupancy, and shall determine	1186
the scope of services for all eligible offenders, including those	1187
subject to a residential sanction, as defined in rules adopted by	1188
the director of rehabilitation and correction in accordance with	1189
Chapter 119. of the Revised Code. An agreement under this division	1190
shall provide for per diem payments to the agency, department, or	1191
political subdivision on behalf of each parolee and releasee	1192
assigned to and each person placed under a residential sanction in	1193
a halfway house or community residential center that is operated	1194
by the agency, department, or political subdivision and that has	1195
been licensed by the division. The per diem payments for beds and	1196
services shall be equal to the halfway house's or community	1197
residential center's average daily per capita costs with its	1198
facility at full occupancy. The per diem payments for beds and	1199
services shall not exceed the total operating costs of the halfway	1200
house or community residential center during the term of an	1201
agreement. The director of rehabilitation and correction shall	1202
adopt rules in accordance with Chapter 119. of the Revised Code	1203
for determining includable and excludable costs and income to be	1204
used in computing the agency's average daily per capita costs with	1205
its facility at full occupancy.	1206

The department of rehabilitation and correction may use a	1207
portionno more than ten per cent of the amount appropriated to	1208
the department each fiscal year for the halfway house and	1209
community residential center program to pay for contracts for	1210
nonresidential services for offenders under the supervision of the	1211
adult parole authority. The nonresidential services may include,	1212
but are not limited to, treatment forprogram administration,	1213
substance abuse services, mental health counselingservices, and	1214
counselingservices for sex offenders, medication, offender	1215
transportation, electronic monitoring, and community justice	1216
initiatives.	1217

(C) The division of parole and community services may	1218
license a halfway house or community residential center as a	1219
suitable facility for the care and treatment of adult offenders	1220
only if the halfway house or community residential center complies	1221
with the standards that the division adopts in accordance with	1222
Chapter 119. of the Revised Code for the licensure of halfway	1223
houses and community residential centers. The division shall	1224
annually inspect each licensed halfway house and licensed	1225
community residential center to determine if it is in compliance	1226
with the licensure standards.	1227

Sec. 2967.26.  (A)(1) The department of rehabilitation and	1228
correction, by rule, may establish a transitional control program	1229
for the purpose of closely monitoring a prisoner's adjustment to	1230
community supervision during the final one hundred eighty days of	1231
the prisoner's confinement. If the department establishes a	1232
transitional control program under this division, the adult parole	1233
authority may transfer eligible prisoners to transitional control	1234
status under the program during the final one hundred eighty days	1235
of their confinement and under the terms and conditions	1236
established by the department, shall provide for the confinement	1237
as provided in this division of each eligible prisoner so	1238
transferred, and shall supervise each eligible prisoner so	1239
transferred in one or more community control sanctions. Each	1240
eligible prisoner who is transferred to transitional control	1241
status under the program shall be confined in a suitable facility	1242
that is licensed pursuant to division (C) of section 2967.14 of	1243
the Revised Code, or shall be confined in a residence the	1244
department has approved for this purpose and be monitored pursuant	1245
to an electronic monitoring device, as defined in section 2929.23	1246
of the Revised Code. If the department establishes a transitional	1247
control program under this division, the rules establishing the	1248
program shall include criteria that define which prisoners are	1249
eligible for the program, criteria that must be satisfied to be	1250
approved as a residence that may be used for confinement under the	1251
program of a prisoner that is transferred to it and procedures for	1252
the department to approve residences that satisfy those criteria,	1253
and provisions of the type described in division (C) of this	1254
section. At a minimum, the criteria that define which prisoners	1255
are eligible for the program shall provide all of the following:	1256

(a) That a prisoner is eligible for the program if the	1257
prisoner is serving a prison term or term of imprisonment for an	1258
offense committed prior to the effective date of this amendment	1259
March 17, 1998, and if, at the time at which eligibility is being	1260
determined, the prisoner would have been eligible for a furlough	1261
under this section as it existed immediately prior to the	1262
effective date of this amendmentMarch 17, 1998, or would have	1263
been eligible for conditional release under former section 2967.23	1264
of the Revised Code as that section existed immediately prior to	1265
the effective date of this amendmentMarch 17, 1998;	1266

(b) That no prisoner who is serving a mandatory prison term	1267
is eligible for the program until after expiration of the	1268
mandatory term;	1269

(c) That no prisoner who is serving a prison term or term of	1270
life imprisonment without parole imposed pursuant to section	1271
2971.03 of the Revised Code is eligible for the program.	1272

(2) At least three weeks prior to transferring to	1273
transitional control under this section a prisoner who is serving	1274
a term of imprisonment or prison term for an offense committed on	1275
or after July 1, 1996, the adult parole authority shall give	1276
notice of the pendency of the transfer to transitional control to	1277
the court of common pleas of the county in which the indictment	1278
against the prisoner was found and of the fact that the court may	1279
disapprove the transfer of the prisoner to transitional control	1280
and shall include a report prepared by the head of the state	1281
correctional institution in which the prisoner is confined. The	1282
head of the state correctional institution in which the prisoner	1283
is confined, upon the request of the adult parole authority, shall	1284
provide to the authority for inclusion in the notice sent to the	1285
court under this division a report on the prisoner's conduct in	1286
the institution and in any institution from which the prisoner may	1287
have been transferred. The report shall cover the prisoner's	1288
participation in school, vocational training, work, treatment, and	1289
other rehabilitative activities and any disciplinary action taken	1290
against the prisoner. If the court disapproves of the transfer of	1291
the prisoner to transitional control, the court shall notify the	1292
authority of the disapproval within thirty days after receipt of	1293
the notice. If the court timely disapproves the transfer of the	1294
prisoner to transitional control, the authority shall not proceed	1295
with the transfer. If the court does not timely disapprove the	1296
transfer of the prisoner to transitional control, the authority	1297
may transfer the prisoner to transitional control.	1298

(3) If the victim of an offense for which a prisoner was	1299
sentenced to a prison term or term of imprisonment has requested	1300
notification under section 2930.16 of the Revised Code and has	1301
provided the department of rehabilitation and correction with the	1302
victim's name and address, the adult parole authority, at least	1303
three weeks prior to transferring the prisoner to transitional	1304
control pursuant to this section, shall notify the victim of the	1305
pendency of the transfer and of the victim's right to submit a	1306
statement to the authority regarding the impact of the transfer of	1307
the prisoner to transitional control. If the victim subsequently	1308
submits a statement of that nature to the authority, the authority	1309
shall consider the statement in deciding whether to transfer the	1310
prisoner to transitional control.	1311

(B) Each prisoner transferred to transitional control under	1312
this section shall be confined in the manner described in division	1313
(A) of this section during any period of time that the prisoner is	1314
not actually working at the prisoner's approved employment,	1315
engaged in a vocational training or another educational program,	1316
engaged in another program designated by the director, or engaged	1317
in other activities approved by the department.	1318

(C) The department of rehabilitation and correction shall	1319
adopt rules for transferring eligible prisoners to transitional	1320
control, supervising and confining prisoners so transferred,	1321
administering the transitional control program in accordance with	1322
this section, and using the moneys deposited into the transitional	1323
control fund established under division (E) of this section.	1324

(D) The department of rehabilitation and correction may	1325
adopt rules for the issuance of passes for the limited purposes	1326
described in this division to prisoners who are transferred to	1327
transitional control under this section. If the department adopts	1328
rules of that nature, the rules shall govern the granting of the	1329
passes and shall provide for the supervision of prisoners who are	1330
temporarily released pursuant to one of those passes. Upon the	1331
adoption of rules under this division, the department may issue	1332
passes to prisoners who are transferred to transitional control	1333
status under this section in accordance with the rules and the	1334
provisions of this division. All passes issued under this	1335
division shall be for a maximum of forty-eight hours and may be	1336
issued only for the following purposes:	1337

(1) To visit a dying relative in imminent danger of death;

1338

(2) To attend the funeral of ahave a private viewing of the	1339
body of a deceased relative;	1340

(3) To visit with family;

1341

(4) To otherwise aid in the rehabilitation of the prisoner.

1342

(E) The adult parole authority may require a prisoner who is	1343
transferred to transitional control to pay to the division of	1344
parole and community services the reasonable expenses incurred by	1345
the division in supervising or confining the prisoner while under	1346
transitional control. Inability to pay those reasonable expenses	1347
shall not be grounds for refusing to transfer an otherwise	1348
eligible prisoner to transitional control. Amounts received by	1349
the division of parole and community services under this division	1350
shall be deposited into the transitional control fund, which is	1351
hereby created in the state treasury and which hereby replaces and	1352
succeeds the furlough services fund that formerly existed in the	1353
state treasury. All moneys that remain in the furlough services	1354
fund on the effective date of this amendmentMarch 17, 1998, shall	1355
be transferred on that date to the transitional control fund. The	1356
transitional control fund shall be used solely to pay costs	1357
related to the operation of the transitional control program	1358
established under this section. The director of rehabilitation	1359
and correction shall adopt rules in accordance with section 111.15	1360
of the Revised Code for the use of the fund.	1361

(F) A prisoner who violates any rule established by the	1362
department of rehabilitation and correction under division (A),	1363
(C), or (D) of this section may be transferred to a state	1364
correctional institution pursuant to rules adopted under division	1365
(A), (C), or (D) of this section, but the prisoner shall receive	1366
credit towards completing the prisoner's sentence for the time	1367
spent under transitional control.	1368

If a prisoner is transferred to transitional control under	1369
this section, upon successful completion of the period of	1370
transitional control, the prisoner may be released on parole or	1371
under post-release control pursuant to section 2967.13 or 2967.28	1372
of the Revised Code and rules adopted by the department of	1373
rehabilitation and correction. If the prisoner is released under	1374
post-release control, the duration of the post-release control,	1375
the type of post-release control sanctions that may be imposed,	1376
the enforcement of the sanctions, and the treatment of prisoners	1377
who violate any sanction applicable to the prisoner are governed	1378
by section 2967.28 of the Revised Code.	1379

Sec. 2967.27.  (A)(1) The department of rehabilitation and	1380
correction may grant escorted visits to prisoners confined in any	1381
state correctional facility for the limited purpose of visiting a	1382
dying relative in imminent danger of death or attending the	1383
funeral of ahaving a private viewing of the body of a deceased	1384
relative.	1385

(2) Prior to granting any prisoner an escorted visit for the	1386
limited purpose of visiting a dying relative in imminent danger of	1387
death or attending the funeral of ahaving a private viewing of	1388
the body of a deceased relative under this section, the department	1389
shall notify its office of victims' services so that the office	1390
may provide assistance to any victim or victims of the offense	1391
committed by the prisoner and to members of the family of the	1392
victim.	1393

(B) The department of rehabilitation and correction shall	1394
adopt rules for the granting of escorted visits under this section	1395
and for supervising prisoners on an escorted visit.	1396

(C) No prisoner shall be granted an escorted visit under	1397
this section if the prisoner is likely to pose a threat to the	1398
public safety or has a record of more than two felony commitments	1399
(including the present charge), not more than one of which may be	1400
for a crime of an assaultive nature.	1401

(D) The procedure for granting an escorted visit under this	1402
section is separate from, and independent of, the transitional	1403
control program described in section 2967.26 of the Revised Code.	1404

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

1405

(1) "Monitored time" means the monitored time sanction	1406
specified in section 2929.17 of the Revised Code.	1407

(2) "Deadly weapon" and "dangerous ordnance" have the same	1408
meanings as in section 2923.11 of the Revised Code.	1409

(3) "Felony sex offense" means a violation of a section	1410
contained in Chapter 2907. of the Revised Code that is a felony.	1411

(B) Each sentence to a prison term for a felony of the first	1412
degree, for a felony of the second degree, for a felony sex	1413
offense, or for a felony of the third degree that is not a felony	1414
sex offense and in the commission of which the offender caused or	1415
threatened to cause physical harm to a person shall include a	1416
requirement that the offender be subject to a period of	1417
post-release control imposed by the parole board after the	1418
offender's release from imprisonment. Unless reduced by the	1419
parole board pursuant to division (D) of this section when	1420
authorized under that division, a period of post-release control	1421
required by this division for an offender shall be of one of the	1422
following periods:	1423

(1) For a felony of the first degree or for a felony sex	1424
offense, five years;	1425

(2) For a felony of the second degree that is not a felony	1426
sex offense, three years;	1427

(3) For a felony of the third degree that is not a felony	1428
sex offense and in the commission of which the offender caused or	1429
threatened physical harm to a person, three years.	1430

(C) Any sentence to a prison term for a felony of the third,	1431
fourth, or fifth degree that is not subject to division (B)(1) or	1432
(3) of this section shall include a requirement that the offender	1433
be subject to a period of post-release control of up to three	1434
years after the offender's release from imprisonment, if the	1435
parole board, in accordance with division (D) of this section,	1436
determines that a period of post-release control is necessary for	1437
that offender.	1438

(D)(1) Before the prisoner is released from imprisonment,	1439
the parole board shall impose upon a prisoner described in	1440
division (B) of this section, may impose upon a prisoner described	1441
in division (C) of this section, and shall impose upon a prisoner	1442
described in division (B)(2)(b) of section 5120.031 or in division	1443
(B)(1) of section 5120.032 of the Revised Code, one or more	1444
post-release control sanctions to apply during the prisoner's	1445
period of post-release control. Whenever the board imposes one or	1446
more post-release control sanctions upon a prisoner, the board, in	1447
addition to imposing the sanctions, also shall include as a	1448
condition of the post-release control that the individual or felon	1449
not leave the state without permission of the court or the	1450
individual's or felon's parole or probation officer and that the	1451
individual or felon abide by the law. The board may impose any	1452
other conditions of release under a post-release control sanction	1453
that the board considers appropriate, and the conditions of	1454
release may include any community residential sanction, community	1455
nonresidential sanction, or financial sanction that the sentencing	1456
court was authorized to impose pursuant to sections 2929.16,	1457
2929.17, and 2929.18 of the Revised Code. Prior to the release of	1458
a prisoner for whom it will impose one or more post-release	1459
control sanctions under this division, the parole board shall	1460
review the prisoner's criminal history, all juvenile court	1461
adjudications finding the prisoner, while a juvenile, to be a	1462
delinquent child, and the record of the prisoner's conduct while	1463
imprisoned. The parole board shall consider any recommendation	1464
regarding post-release control sanctions for the prisoner made by	1465
the office of victims' services. After considering those	1466
materials, the board shall determine, for a prisoner described in	1467
division (B) of this section, division (B)(2)(b) of section	1468
5120.031, or division (B)(1) of section 5120.032 of the Revised	1469
Code, which post-release control sanction or combination of	1470
post-release control sanctions is reasonable under the	1471
circumstances or, for a prisoner described in division (C) of this	1472
section, whether a post-release control sanction is necessary and,	1473
if so, which post-release control sanction or combination of	1474
post-release control sanctions is reasonable under the	1475
circumstances. In the case of a prisoner convicted of a felony of	1476
the fourth or fifth degree other than a felony sex offense, the	1477
board shall presume that monitored time is the appropriate	1478
post-release control sanction unless the board determines that a	1479
more restrictive sanction is warranted. A post-release control	1480
sanction imposed under this division takes effect upon the	1481
prisoner's release from imprisonment.	1482

(2) At any time after a prisoner is released from	1483
imprisonment and during the period of post-release control	1484
applicable to the releasee, the adult parole authority may review	1485
the releasee's behavior under the post-release control sanctions	1486
imposed upon the releasee under this section. The authority may	1487
determine, based upon the review and in accordance with the	1488
standards established under division (E) of this section, that a	1489
more restrictive or a less restrictive sanction is appropriate and	1490
may impose a different sanction. Unless the period of	1491
post-release control was imposed for an offense described in	1492
division (B)(1) of this section, the authority also may recommend	1493
that the parole board reduce the duration of the period of	1494
post-release control imposed by the court. If the authority	1495
recommends that the board reduce the duration of control for an	1496
offense described in division (B)(2), (B)(3), or (C) of this	1497
section, the board shall review the releasee's behavior and may	1498
reduce the duration of the period of control imposed by the court.	1499
In no case shall the board reduce the duration of the period of	1500
control imposed by the court for an offense described in division	1501
(B)(1) of this section, and in no case shall the board permit the	1502
releasee to leave the state without permission of the court or the	1503
releasee's parole or probation officer.	1504

(E) The department of rehabilitation and correction, in	1505
accordance with Chapter 119. of the Revised Code, shall adopt	1506
rules that do all of the following:	1507

(1) Establish standards for the imposition by the parole	1508
board of post-release control sanctions under this section that	1509
are consistent with the overriding purposes and sentencing	1510
principles set forth in section 2929.11 of the Revised Code and	1511
that are appropriate to the needs of releasees;	1512

(2) Establish standards by which the parole board can	1513
determine which prisoners described in division (C) of this	1514
section should be placed under a period of post-release control;	1515

(3) Establish standards to be used by the parole board in	1516
reducing the duration of the period of post-release control	1517
imposed by the court when authorized under division (D) of this	1518
section, in imposing a more restrictive post-release control	1519
sanction than monitored time upon a prisoner convicted of a felony	1520
of the fourth or fifth degree other than a felony sex offense, or	1521
in imposing a less restrictive control sanction upon a releasee	1522
based on the releasee's activities including, but not limited to,	1523
remaining free from criminal activity and from the abuse of	1524
alcohol or other drugs, successfully participating in approved	1525
rehabilitation programs, maintaining employment, and paying	1526
restitution to the victim or meeting the terms of other financial	1527
sanctions;	1528

(4) Establish standards to be used by the adult parole	1529
authority in modifying a releasee's post-release control sanctions	1530
pursuant to division (D)(2) of this section;	1531

(5) Establish standards to be used by the adult parole	1532
authority or parole board in imposing further sanctions under	1533
division (F) of this section on releasees who violate post-release	1534
control sanctions, including standards that do the following:	1535

(a) Classify violations according to the degree of	1536
seriousness;	1537

(b) Define the circumstances under which formal action by	1538
the parole board is warranted;	1539

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

1540

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

1541

(e) Prescribe nonresidential community control sanctions for	1542
most misdemeanor and technical violations;	1543

(f) Provide procedures for the return of a releasee to	1544
imprisonment for violations of post-release control.	1545

(F)(1) If a post-release control sanction is imposed upon an	1546
offender under this section, the offender upon release from	1547
imprisonment shall be under the general jurisdiction of the adult	1548
parole authority and generally shall be supervised by the parole	1549
supervisionfield services section through its staff of parole and	1550
field officers as described in section 5149.04 of the Revised	1551
Code, as if the offender had been placed on parole. If the	1552
offender upon release from imprisonment violates the post-release	1553
control sanction or any conditions described in division (A) of	1554
section 2967.131 of the Revised Code that are imposed on the	1555
offender, the public or private person or entity that operates or	1556
administers the sanction or the program or activity that comprises	1557
the sanction shall report the violation directly to the adult	1558
parole authority or to the officer of the authority who supervises	1559
the offender. The authority's officers may treat the offender as	1560
if the offender were on parole and in violation of the parole, and	1561
otherwise shall comply with this section.	1562

(2) If the adult parole authority determines that a releasee	1563
has violated a post-release control sanction or any conditions	1564
described in division (A) of section 2967.131 of the Revised Code	1565
imposed upon the releasee and that a more restrictive sanction is	1566
appropriate, the authority may impose a more restrictive sanction	1567
upon the releasee, in accordance with the standards established	1568
under division (E) of this section, or may report the violation to	1569
the parole board for a hearing pursuant to division (F)(3) of this	1570
section. The authority may not, pursuant to this division,	1571
increase the duration of the releasee's post-release control or	1572
impose as a post-release control sanction a residential sanction	1573
that includes a prison term, but the authority may impose on the	1574
releasee any other residential sanction, nonresidential sanction,	1575
or financial sanction that the sentencing court was authorized to	1576
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the	1577
Revised Code.	1578

(3) The parole board may hold a hearing on any alleged	1579
violation by a releasee of a post-release control sanction or any	1580
conditions described in division (A) of section 2967.131 of the	1581
Revised Code that are imposed upon the releasee. If after the	1582
hearing the board finds that the releasee violated the sanction or	1583
condition, the board may increase the duration of the releasee's	1584
post-release control up to the maximum duration authorized by	1585
division (B) or (C) of this section or impose a more restrictive	1586
post-release control sanction. When appropriate, the board may	1587
impose as a post-release control sanction a residential sanction	1588
that includes a prison term. The board shall consider a prison	1589
term as a post-release control sanction imposed for a violation of	1590
post-release control when the violation involves a deadly weapon	1591
or dangerous ordnance, physical harm or attempted serious physical	1592
harm to a person, or sexual misconduct, or when the releasee	1593
committed repeated violations of post-release control sanctions.	1594
The period of a prison term that is imposed as a post-release	1595
control sanction under this division shall not exceed nine months,	1596
and the maximum cumulative prison term for all violations under	1597
this division shall not exceed one-half of the stated prison term	1598
originally imposed upon the offender as part of this sentence. The	1599
period of a prison term that is imposed as a post-release control	1600
sanction under this division shall not count as, or be credited	1601
toward, the remaining period of post-release control.	1602

If an offender is imprisoned for a felony committed while	1603
under post-release control supervision and is again released on	1604
post-release control for a period of time determined by division	1605
(F)(4)(d) of this section, the maximum cumulative prison term for	1606
all violations under this division shall not exceed one-half of	1607
the total stated prison terms of the earlier felony, reduced by	1608
any prison term administratively imposed by the parole board, plus	1609
one-half of the total stated prison term of the new felony.	1610

(4) Any period of post-release control shall commence upon an	1611
offender's actual release from prison. If an offender is serving	1612
an indefinite prison term or a life sentence in addition to a	1613
stated prison term, the offender shall serve the period of	1614
post-release control in the following manner:	1615

(a) If a period of post-release control is imposed upon the	1616
offender and if the offender also is subject to a period of parole	1617
under a life sentence or an indefinite sentence, and if the period	1618
of post-release control ends prior to the period of parole, the	1619
offender shall be supervised on parole. The offender shall	1620
receive credit for post-release control supervision during the	1621
period of parole. The offender is not eligible for final release	1622
under section 2967.16 of the Revised Code until the post-release	1623
control period otherwise would have ended.	1624

(b) If a period of post-release control is imposed upon the	1625
offender and if the offender also is subject to a period of parole	1626
under an indefinite sentence, and if the period of parole ends	1627
prior to the period of post-release control, the offender shall be	1628
supervised on post-release control. The requirements of parole	1629
supervision shall be satisfied during the post-release control	1630
period.	1631

(c) If an offender is subject to more than one period of	1632
post-release control, the period of post-release control for all	1633
of the sentences shall be the period of post-release control that	1634
expires last, as determined by the parole board. Periods of	1635
post-release control shall be served concurrently and shall not be	1636
imposed consecutively to each other.	1637

(d) The period of post-release control for a releasee who	1638
commits a felony while under post-release control for an earlier	1639
felony shall be the longer of the period of post-release control	1640
specified for the new felony under division (B) or (C) of this	1641
section or the time remaining under the period of post-release	1642
control imposed for the earlier felony as determined by the parole	1643
board.	1644

Sec. 5120.01.  The director of rehabilitation and correction	1645
is the executive head of the department of rehabilitation and	1646
correction. All duties conferred on the various divisions and	1647
institutions of the department by law or by order of the director	1648
shall be performed under suchthe rules and regulations as hethat	1649
the director prescribes, and shall be under histhe director's	1650
control. TheInmates committed to the department of rehabilitation	1651
and correction shall be under the legal custody of the director or	1652
the director's designee, and the director or the director's	1653
designee shall have power to control transfers of inmates between	1654
the several state institutions included under section 5120.05 of	1655
the Revised Code.	1656

Sec. 5120.21.  (A) The department of rehabilitation and	1657
correction shall keep in its office, accessible only to its	1658
employees, except by the consent of the department or the order of	1659
the judge of a court of record, and except as provided in division	1660
(C) of this section, a record showing the name, residence, sex,	1661
age, nativity, occupation, condition, and date of entrance or	1662
commitment of every inmate in the several institutions governed by	1663
it. The record also shall include the date, cause, and terms of	1664
discharge and the condition of such person at the time of leaving,	1665
a record of all transfers from one institution to another, and, if	1666
such inmate is dead, the date and cause of death. These and other	1667
facts that the department requires shall be furnished by the	1668
managing officer of each institution within ten days after the	1669
commitment, entrance, death, or discharge of an inmate.	1670

(B) In case of an accident or injury or peculiar death of an	1671
inmate, the managing officer shall make a special report to the	1672
department within twenty-four hours thereafter, giving the	1673
circumstances as fully as possible.	1674

(C)(1) As used in this division, "medical record" means any	1675
document or combination of documents that pertains to the medical	1676
history, diagnosis, prognosis, or medical condition of a patient	1677
and that is generated and maintained in the process of medical	1678
treatment.	1679

(2) A separate medical record of every inmate in an	1680
institution governed by the department shall be compiled,	1681
maintained, and kept apart from and independently of any other	1682
record pertaining to the inmate. Upon the signed written request	1683
of the inmate to whom the record pertains together with the	1684
written request of either a licensed attorney at law or a licensed	1685
physician designated by the inmate, the department shall make the	1686
inmate's medical record available to the designated attorney or	1687
physician. The record may be inspected or copied by the inmate's	1688
designated attorney or physician. The department may establish a	1689
reasonable fee for the copying of any medical record. If a	1690
physician concludes that presentation of all or any part of the	1691
medical record directly to the inmate will result in serious	1692
medical harm to the inmate, the physician shall so indicate on the	1693
medical record. An inmate's medical record shall be made	1694
available to a physician or to an attorney designated in writing	1695
by the inmate not more than once every twelve months.	1696

(D) Except as otherwise provided by a law of this state or	1697
the United States, the department and the officers of its	1698
institutions shall keep confidential and accessible only to its	1699
employees, except by the consent of the department or the order of	1700
a judge of a court of record, all of the following:	1701

(1) Architectural, engineering, or construction diagrams,	1702
drawings, or plans of a correctional institution;	1703

(2) Plans for hostage negotiation, for disturbance control,	1704
for the control and location of keys, and for dealing with	1705
escapes;	1706

(3) Statements made by inmate informants;

1707

(4) Records that are maintained by the department of youth	1708
services, that pertain to children in its custody, and that are	1709
released to the department of rehabilitation and correction by the	1710
department of youth services pursuant to section 5139.05 of the	1711
Revised Code;	1712

(5) Victim impact statements and information provided by	1713
victims of crimes that the department considers when determining	1714
the security level assignment, program participation, and release	1715
eligibility of inmates;	1716

(6) Information and data of any kind or medium pertaining to	1717
groups that pose a security threat;	1718

(7) Conversations recorded from the monitored inmate	1719
telephones that involve nonprivileged communications.	1720

(E) Except as otherwise provided by a law of this state or	1721
the United States, the department of rehabilitation and correction	1722
may release inmate records to the department of youth services or	1723
a court of record, and the department of youth services or the	1724
court of record may use those records for the limited purpose of	1725
carrying out the duties of the department of youth services or the	1726
court of record. Inmate records released by the department of	1727
rehabilitation and correction to the department of youth services	1728
or a court of record shall remain confidential and shall not be	1729
considered public records as defined in section 149.43 of the	1730
Revised Code.	1731

(F) Except as otherwise provided in division (C) of this	1732
section, records of inmates committed to the department of	1733
rehabilitation and correction as well as records of persons under	1734
the supervision of the adult parole authority shall not be	1735
considered public records as defined in section 149.43 of the	1736
Revised Code.	1737

Sec. 5120.30.  The department of rehabilitation and	1738
correction may make suchany investigations asthat are necessary	1739
in the performance of its duties, and to that end the director of	1740
rehabilitation and correction shall have the same power as a judge	1741
of a county court to administer oaths and to enforce the	1742
attendance and testimony of witnesses and the production of books	1743
or papers.	1744

The department shall keep a record of such investigations	1745
stating the time, place, charges or subject, witnesses summoned	1746
and examined, and its conclusions.	1747

In matters involving the conduct of an officer, a	1748
stenographic report of the evidence shall be taken and a copy of	1749
such report, with all documents introduced, kept on file at the	1750
office of the department.	1751

The fees of witnesses for attendance and travel shall be the	1752
same as in the court of common pleas, but no officer or employee	1753
of the institution under investigation is entitled to such fees.	1754

Any judge of the probate court or of the court of common	1755
pleas, upon application of the department, may compel the	1756
attendance of witnesses, the production of books or papers, and	1757
the giving of testimony before the department, by a judgment for	1758
contempt or otherwise, in the same manner as in cases before said	1759
courts of common pleas.	1760

Sec. 5120.38.  Subject to the rules of the department of	1761
rehabilitation and correction, each institution under the	1762
department's jurisdiction other than an institution operated	1763
pursuant to a contract entered into under section 9.06 of the	1764
Revised Code shall be under the control of a managing officer	1765
known as a warden or other appropriate title. The managing	1766
officer shall be appointed by the director of the department of	1767
rehabilitation and correction and shall be in the unclassified	1768
service and serve at the pleasure of the director. Appointment to	1769
the position of managing officer shall be made from persons who	1770
have criminal justice experience.	1771

A person who is appointed to the position of managing officer	1772
from a position in the classified service shall retain the right	1773
to resume the status that the person held in the classified	1774
service immediately prior to the appointment. Upon being relieved	1775
of the person's duties as managing officer, the person shall be	1776
reinstated to the position in the classified service that the	1777
person held immediately prior to the appointment to the position	1778
of managing officer or to another position that the director, with	1779
approval of the state department of administrative services,	1780
certifies as being substantially equal to that prior position.	1781
Service as a managing officer shall be counted as service in the	1782
position in the classified service held by the person immediately	1783
preceding the person's appointment as managing officer. A person	1784
who is reinstated to a position in the classified service, as	1785
provided in this section, shall be entitled to all rights and	1786
emoluments accruing to the position during the time of the	1787
person's service as managing officer.	1788

The managing officer, under the director, shall have entire	1789
executive charge of the institution for which the managing officer	1790
is appointed. Subject to civil service rules and regulations, the	1791
managing officer shall appoint the necessary employees and the	1792
managing officer or the director may remove such employees for	1793
cause. A report of all appointments, resignations, and discharges	1794
shall be filed with the director at the close of each month.	1795

After conference with the managing officer of each	1796
institution, the director shall determine the number of employees	1797
to be appointed to the various institutions.	1798

Sec. 5120.421.  (A) As used in this section:

1799

(1) "Body cavity search" means an inspection of the anal or	1800
vaginal cavity of a person that is conducted visually, manually,	1801
by means of any instrument, apparatus, or object, or in any other	1802
manner.	1803

(2) "Deadly weapon" and "dangerous ordnance" have the same	1804
meanings as in section 2923.11 of the Revised Code.	1805

(3) "Drug of abuse" has the same meaning as in section	1806
3719.011 of the Revised Code.	1807

(4) "Intoxicating liquor" has the same meaning as in section	1808
4301.01 of the Revised Code.	1809

(5) "Strip search" means an inspection of the genitalia,	1810
buttocks, breasts, or undergarments of a person that is preceded	1811
by the removal or rearrangement of some or all of the person's	1812
clothing that directly covers the person's genitalia, buttocks,	1813
breasts, or undergarments and that is conducted visually,	1814
manually, by means of any instrument, apparatus, or object, or in	1815
any other manner.	1816

(B) For purposes of determining whether visitors to an	1817
institution under the control of the department of rehabilitation	1818
and correction are knowingly conveying, or attempting to convey,	1819
onto the grounds of the institution any deadly weapon, dangerous	1820
ordnance, drug of abuse, or intoxicating liquor, or electronic	1821
communications device in violation of section 2921.36 of the	1822
Revised Code, the department may adopt rules, pursuant to Chapter	1823
119. of the Revised Code, that are consistent with this section.	1824

(C) For the purposes described in division (B) of this	1825
section, visitors who are entering or have entered an institution	1826
under the control of the department of rehabilitation and	1827
correction may be searched by the use of a magnetometer or similar	1828
device, by a pat-down of the visitor's person that is conducted by	1829
a person of the same sex as that of the visitor, and by an	1830
examination of the contents of pockets, bags, purses, packages,	1831
and other containers proposed to be conveyed or already conveyed	1832
onto the grounds of the institution. Searches of visitors	1833
authorized by this division may be conducted without cause, but	1834
shall be conducted uniformly or by automatic random selection.	1835
Discriminatory or arbitrary selection searches of visitors are	1836
prohibited under this division.	1837

(D) For the purposes described in division (B) of this	1838
section, visitors who are entering or have entered an institution	1839
under the control of the department of rehabilitation and	1840
correction may be searched by a strip or body cavity search, but	1841
only under the circumstances described in this division. In order	1842
for a strip or body cavity search to be conducted of a visitor,	1843
the highest officer present in the institution shall expressly	1844
authorize the search on the basis of a reasonable suspicion, based	1845
on specific objective facts and reasonable inferences drawn from	1846
those facts in the light of experience, that a visitor proposed to	1847
be so searched possesses, and intends to convey or already has	1848
conveyed, a deadly weapon, dangerous ordnance, drug of abuse, or	1849
intoxicating liquor, or electronic communications device onto the	1850
grounds of the institution in violation of section 2921.36 of the	1851
Revised Code.	1852

Except as otherwise provided in this division, prior to the	1853
conduct of the strip or body cavity search, the highest officer	1854
present in the institution shall cause the visitor to be provided	1855
with a written statement that sets forth the specific objective	1856
facts upon which the proposed search is based. In the case of an	1857
emergency under which time constraints make it impossible to	1858
prepare the written statement before the conduct of the proposed	1859
search, the highest officer in the institution instead shall cause	1860
the visitor to be orally informed of the specific objective facts	1861
upon which the proposed search is based prior to its conduct, and	1862
shall cause the preparation of the written statement and its	1863
provision to the visitor within twenty-four hours after the	1864
conduct of the search. Both the highest officer present in the	1865
institution and the visitor shall retain a copy of a written	1866
statement provided in accordance with this division.	1867

Any strip or body cavity search conducted pursuant to this	1868
division shall be conducted in a private setting by a person of	1869
the same sex as that of the visitor. Any body cavity search	1870
conducted under this division additionally shall be conducted by	1871
medical personnel.	1872

This division does not preclude, and shall not be construed	1873
as precluding, a less intrusive search as authorized by division	1874
(C) of this section when reasonable suspicion as described in this	1875
division exists for a strip or body cavity search.	1876

Sec. 5120.48. (A) If a prisoner escapes from a state	1877
correctional institution, the managing officer of the institution,	1878
after consultation with and upon the advice of appropriate law	1879
enforcement officials, shall assign and deploy into the community	1880
appropriate staff persons necessary to apprehend the prisoner.	1881
Correctional officers and officials may carry firearms when	1882
required in the discharge of their duties in apprehending, taking	1883
into custody, or transporting to a place of confinement a prisoner	1884
who has escaped from a state correctional institution.	1885

(B) If a prisoner is released from a state correctional	1886
institution prior to the lawful end of the person's prison term or	1887
term of imprisonment, whether by error, inadvertence, fraud, or	1888
any other cause except a lawful parole, the managing officer of	1889
the institution, after consulting with the bureau of sentence	1890
computation, shall notify the chief of the adult parole authority,	1891
the office of victim services of the division of parole and	1892
community services, and the sentencing court of the mistaken	1893
release. Upon the direction of the chief, or the chief's	1894
designee, field officers of the authority may arrest the prisoner	1895
without a warrant and return the prisoner to the state	1896
correctional institution to complete the balance of the prisoner's	1897
sentence. The chief of the adult parole authority, or the chief's	1898
designee, may require the assistance of any peace officer or law	1899
enforcement officer in the apprehension of a prisoner of that	1900
nature.	1901

Sec. 5120.60.  (A) There is hereby created in the division	1902
of parole and community services the office of victims' services.	1903

(B) The office shall provide assistance to victims of crime,	1904
victims' representatives designated under section 2930.02 of the	1905
Revised Code, and members of the victim's family. The assistance	1906
shall include, but not be limited to, providing information about	1907
the policies and procedures of the department of rehabilitation	1908
and correction and the status of offenders under the department's	1909
jurisdiction.	1910

(C) The office shall also make available publications that	1911
will assist victims in contacting staff of the department about	1912
problems with offenders under the supervision of the adult parole	1913
authority or confined in state correctional institutions under the	1914
department's jurisdiction.	1915

(D) The office shall employ a victims coordinator who shall	1916
administer the office's functions. The victims coordinator shall	1917
be in the unclassified civil service and report directly to the	1918
chief of the division.	1919

(E) The office shall also employ at least three persons in	1920
the unclassified civil service whose primary duties shall be to	1921
help parole board hearing officers identify victims' issues and to	1922
make recommendations to the parole board in accordance with rules	1923
adopted by the department. The member of the parole board	1924
appointed pursuant to division (B) of section 5149.10 of the	1925
Revised Code shall approve the hiring of the employees of the	1926
office.	1927

(F) The office shall coordinate its activities with the	1928
member of the parole board appointed pursuant to division (B) of	1929
section 5149.10 of the Revised Code. The victims coordinator and	1930
other employees of the office shall have full access to records of	1931
prisoners under the department's jurisdiction.	1932

(G) Information provided to the office of victim services by	1933
victims of crime or a victim representative designated under	1934
section 2930.02 of the Revised Code for the purpose of program	1935
participation, of receiving services, or to communicate acts of an	1936
inmate or person under the supervision of the adult parole	1937
authority that threaten the safety and security of the victim	1938
shall be confidential and is not a public record under section	1939
149.43 of the Revised Code.	1940

(H) As used in this section, "crime," "member of the victim's	1941
family," and "victim" have the meanings given in section 2930.01	1942
of the Revised Code.	1943

Sec. 5139.251.  (A) As used in this section:

1944

(1) "Body cavity search" and "strip search" have the same	1945
meanings as in section 5120.421 of the Revised Code.	1946

(2) "Deadly weapon" and "dangerous ordnance" have the same	1947
meanings as in section 2923.11 of the Revised Code.	1948

(3) "Drug of abuse" has the same meaning as in section	1949
3719.011 of the Revised Code.	1950

(4) "Intoxicating liquor" has the same meaning as in section	1951
4301.01 of the Revised Code.	1952

(B) For purposes of determining whether visitors to an	1953
institution under the control of the department of youth services	1954
are knowingly conveying, or attempting to convey, onto the grounds	1955
of the institution any deadly weapon, dangerous ordnance, drug of	1956
abuse, or intoxicating liquor, or electronic communications device	1957
in violation of section 2921.36 of the Revised Code, the	1958
department may adopt rules, pursuant to Chapter 119. of the	1959
Revised Code, that are consistent with this section.	1960

(C) For the purposes described in division (B) of this	1961
section, visitors who are entering or have entered an institution	1962
under the control of the department of youth services may be	1963
searched by the use of a magnetometer or similar device, by a	1964
pat-down of the visitor's person that is conducted by a person of	1965
the same sex as that of the visitor, and by an examination of the	1966
contents of pockets, bags, purses, packages, and other containers	1967
proposed to be conveyed or already conveyed onto the grounds of	1968
the institution. Searches of visitors authorized by this division	1969
may be conducted without cause, but shall be conducted uniformly	1970
or by automatic random selection. Discriminatory or arbitrary	1971
selection searches of visitors are prohibited under this division.	1972

(D) For the purposes described in division (B) of this	1973
section, visitors who are entering or have entered an institution	1974
under the control of the department of youth services may be	1975
searched by a strip or body cavity search, but only under the	1976
circumstances described in this division. In order for a strip or	1977
body cavity search to be conducted of a visitor, the highest	1978
officer present in the institution shall expressly authorize the	1979
search on the basis of a reasonable suspicion, based on specific	1980
objective facts and reasonable inferences drawn from those facts	1981
in the light of experience, that a visitor proposed to be so	1982
searched possesses, and intends to convey or already has conveyed,	1983
a deadly weapon, dangerous ordnance, drug of abuse, or	1984
intoxicating liquor, or electronic communication device onto the	1985
grounds of the institution in violation of section 2921.36 of the	1986
Revised Code.	1987

Except as otherwise provided in this division, prior to the	1988
conduct of the strip or body cavity search, the highest officer	1989
present in the institution shall cause the visitor to be provided	1990
with a written statement that sets forth the specific objective	1991
facts upon which the proposed search is based. In the case of an	1992
emergency under which time constraints make it impossible to	1993
prepare the written statement before the conduct of the proposed	1994
search, the highest officer in the institution instead shall cause	1995
the visitor to be orally informed of the specific objective facts	1996
upon which the proposed search is based prior to its conduct, and	1997
shall cause the preparation of the written statement and its	1998
provision to the visitor within twenty-four hours after the	1999
conduct of the search. Both the highest officer present in the	2000
institution and the visitor shall retain a copy of a written	2001
statement provided in accordance with this division.	2002

Any strip or body cavity search conducted pursuant to this	2003
division shall be conducted in a private setting by a person of	2004
the same sex as that of the visitor. Any body cavity search	2005
conducted under this division additionally shall be conducted by	2006
medical personnel.	2007

This division does not preclude, and shall not be construed	2008
as precluding, a less instrusiveintrusive search as authorized by	2009
division (C) of this section when reasonable suspicion as	2010
described in this division exists for a strip or body cavity	2011
search.	2012

Sec. 5145.06.  (A) The department of rehabilitation and	2013
correction shall establish and operate a school system that is	2014
approved and chartered by the department of education and	2015
designated as the Ohio central school system to serve all of the	2016
correctional institutions under its control. The Ohio central	2017
school system shall provide educational programs for prisoners to	2018
allow them to complete adult basic education courses, earn Ohio	2019
certificates of high school equivalence, or pursue vocational	2020
training. To that end, the department may employ appropriately	2021
certified teachers, administrators, and support staff. The	2022
department shall provide classrooms, shops, and other appropriate	2023
facilities and necessary furniture, books, stationery, supplies,	2024
and equipment.	2025

(B)(1) The department of rehabilitation and correction shall	2026
require each prisoner who has not obtained a high school diploma	2027
to take courses leading toward an Ohio certificate of high school	2028
equivalence, an Ohio high school diploma pursuant to section	2029
3313.61 of the Revised Code, or courses that provide vocational	2030
training. If a prisoner has obtained a high school diploma, the	2031
department shall encourage the prisoner to participate in a	2032
program of advanced studies or training for a skilled trade.	2033

(2) The department of rehabilitation and correction shall	2034
adopt rules that prescribe disciplinary actions that the	2035
department may take if a prisoner refuses to participate in an	2036
educational program required under division (B)(1) of this	2037
section.	2038

(3) The failure of the department of rehabilitation and	2039
correction to provide, pursuant to division (B)(1) of this	2040
section, an opportunity for any prisoner to participate in courses	2041
that lead toward an Ohio certificate of high school equivalence or	2042
an Ohio high school diploma, or that provide vocational training,	2043
does not give rise to a claim for damages against the department.	2044

(C) The department of rehabilitation and correction may	2045
exclude certain prisoners from the requirement to take courses	2046
pursuant to division (B)(1) of this section for a clearly	2047
established medical, mental health, or security reason. Any	2048
exclusion under this division shall be only for a clearly	2049
established medical, mental health, or security reason. Within	2050
six months after the effective date of this amendment, the	2051
department shall adopt rules pursuant to Chapter 119. of the	2052
Revised Code to establish the criteria and procedures for an	2053
exclusion under this division.	2054

Sec. 5145.163. (A) As used in this section:

2055

(1) "Inmate" includes any person who is committed to a	2056
detention facility, who is in the custody of the department of	2057
rehabilitation and correction, and who is participating in an	2058
approved assignment under the federal prison industries	2059
enhancement certification program. "Inmate" does not include a	2060
prisoner confined within a detention facility operated by or for a	2061
political subdivision.	2062

(2) "Federal prison industries enhancement certification	2063
program" means the program authorized pursuant to 18 U.S.C. 1761.	2064

(B) Private employers who purchase goods made by inmates	2065
or utilize inmate labor in the production of goods under the	2066
federal prison industries enhancement certification program shall	2067
purchase and be solely responsible to provide a policy of	2068
insurance for inmates participating in the program.	2069

(C) The policy of insurance required by this section shall	2070
provide benefit payments for any inmate who sustains a compensable	2071
injury while participating in the program. The benefit payments	2072
shall compensate the inmate for any temporary or permanent loss	2073
of earning capacity that results from a compensable injury and is	2074
present at the time of the inmate's release. The benefits shall	2075
be awarded upon the inmate's release from prison by parole or	2076
final discharge. The policy of insurance shall provide coverage	2077
for injuries occurring during activities that are an integral	2078
part of the inmate's participation in the program production. The	2079
policy of insurance shall not pay benefits for injuries occurring	2080
as the result of a fight, assault, horseplay, or other activity	2081
that is prohibited by the department's or institution's inmate	2082
conduct rules.	2083

(D) Private employers shall submit to the prison labor	2084
advisory board as a requirement for participation in the federal	2085
prison industries enhancement certification program proof of	2086
liability coverage that meets or exceeds the requirements set	2087
forth in 18 U.S.C. 1761(c)(3).	2088

(E) Inmates covered under this section are not employees	2089
of the department of rehabilitation and correction or the private	2090
employer. Nothing in this section shall be construed as creating	2091
a contract for hire between the inmate and any other entity.	2092

(F) Any inmate participating in the federal prison	2093
industries enhancement certification program is ineligible to	2094
receive compensation or benefits under Chapter 4121., 4123.,	2095
4127., or 4131. of the Revised Code for any injury, death, or	2096
occupational disease received in the course of, and arising out	2097
of, participation in that program. Any claim for an injury	2098
arising from an inmate's participation in the program is	2099
specifically excluded from the jurisdiction of the Ohio bureau of	2100
workers' compensation and the industrial commission of Ohio.	2101

(G) Any liability benefit awarded for any injury under this	2102
provision shall be the exclusive remedy against the private	2103
employer and the state.	2104

(H) If any inmate awarded liability benefits under this	2105
provision is recommitted to the custody of the department of	2106
rehabilitation and correction, the benefits shall immediately	2107
cease but shall resume upon the inmate's subsequent parole or	2108
discharge from incarceration.	2109

Sec. 5149.02.  There is hereby created in the division of	2110
parole and community services of the department of rehabilitation	2111
and correction at bureau level an adult parole authority. The	2112
adult parole authority consists of its chief, a parole supervision	2113
field services section, a probation development and supervision	2114
section, and a parole board. The director of rehabilitation and	2115
correction shall appoint the chief of the adult parole authority,	2116
the superintendent of the parole supervision section, the	2117
superintendentone or more superintendents of the probation	2118
development and supervisionfield services section, and the	2119
chairmanchairperson of the parole board, all of whom shall serve	2120
at the pleasure of the director and shall be in the unclassified	2121
civil service.	2122

The authority is a regular administrative unit of the	2123
department of rehabilitation and correction and shall operate	2124
under rules adopted by the director. The chief of the division of	2125
parole and community services may adopt supplemental rules	2126
governing operation of the authority, assigning specific powers	2127
and duties to the chief of the authority, and assigning specific	2128
functions to sections within the authority.	2129

No person shall be appointed as chief of the adult parole	2130
authority who is not qualified by education or experience in	2131
correctional work, including law enforcement, probation, or	2132
parole, in law, in social work, or in a combination of the three	2133
categories.	2134

Sec. 5149.04.  (A) Persons paroled or, conditionally	2135
pardoned, or released to community supervision shall be under	2136
jurisdiction of the adult parole authority and shall be supervised	2137
by the parole supervisionfield services section through its staff	2138
of parole and field officers in such manner as to insure as nearly	2139
as possible the parolee'soffender's rehabilitation while at the	2140
same time providing maximum protection to the general public. All	2141
state and local officials shall furnish such information to	2142
officers of the parole supervision section as is requested by the	2143
superintendent of the sectionthey may request in the performance	2144
of histheir duties.	2145

(B) The superintendent, or superintendents, of the parole	2146
supervisionfield services section shall be a person, or persons,	2147
especially qualified by training and experience in the field of	2148
correctioncorrections. HeThe superintendent, or superintendents,	2149
shall supervise the work of the section and shall formulate and	2150
execute an effective program of paroleoffender supervision. He	2151
The superintendent, or superintendents, shall collect and preserve	2152
any records and statistics with respect to paroleesoffenders that	2153
are required by the chief of the authority. The section also shall	2154
include other personnel who are necessary for the performance of	2155
the section's duties.	2156

No person shall be appointed as a superintendent who is not	2157
qualified by education or experience in correctional work	2158
(including law enforcement, probation, or parole)work, in law, in	2159
social work, or in a combination of the three categories.	2160

(C) The superintendent, or superintendents, of the parole	2161
supervisionfield services section, with the approval of the chief	2162
of the authority, may establish district offices for the section	2163
and may assign necessary parole and field officers and clerical	2164
staff to the district offices.	2165

(D) The parole supervisionfield services section in the	2166
exercise of its supervision over paroleesoffenders and persons	2167
conditionally pardoned shall carry out all lawful orders, terms,	2168
and conditions prescribed by the authority, the chief of the	2169
division of parole and community services, or the governor.	2170

Sec. 5149.05.  The chief of the adult parole authority may	2171
grant an employee permission to carry a firearm in the discharge	2172
of the employee's official duties, provided thatif the employee	2173
has successfully completed a basic firearm training program that	2174
is approved by the executive director of the Ohio peace officer	2175
training commission and that is administered by the department of	2176
rehabilitation and correction. In order to continue to carry a	2177
firearm in the discharge of the employee's official duties, the	2178
employee annually shall successfully complete a firearms	2179
requalification program in accordance with section 109.801 of the	2180
Revised Code.	2181

Sec. 5149.06.  (A) TheOne of the primary dutyduties of the	2182
field services section on probation development and supervision is	2183
to assist the counties in developing their own probation services	2184
on either a single-county or multiple-county basis. The section,	2185
within limits of available personnel and funds, may supervise	2186
selected probationers from local courts.	2187

The section consists of a superintendent of probation and	2188
other personnel who are necessary for performance of the section's	2189
duties. No person shall be appointed superintendent who is not	2190
qualified by education or experience in correctional work,	2191
including law enforcement, probation, or parole work, in law, in	2192
social work, or in a combination of the three categories.	2193

(B) The adult parole authority probation services fund shall	2194
be created in the state treasury. The fund shall consist of all	2195
moneys that are paid to the treasurer of any county under section	2196
2951.021 of the Revised Code for deposit into the county's	2197
probation services fund established under division (A)(1) of	2198
section 321.44 of the Revised Code and that subsequently are	2199
appropriated and transferred to the adult parole authority	2200
probation services fund under division (A)(2) of that section. The	2201
chief of the adult parole authority, with the approval of the	2202
director of the department of rehabilitation and correction, shall	2203
use the money contained in the adult parole authority probation	2204
services fund for probation-related expenses in the counties for	2205
which the authority provides probation services. Probation-related	2206
expenses may include specialized staff, purchase of equipment,	2207
purchase of services, reconciliation programs for victims and	2208
offenders, other treatment programs, including alcohol and drug	2209
addiction programs certified under section 3793.06 of the Revised	2210
Code, determined to be appropriate by the chief of the authority,	2211
and other similar probation-related expenses.	2212

Sec. 5149.10.  (A) The parole board shall consist of up to	2213
twelve members, one of whom shall be designated as chairperson by	2214
the director of the department of rehabilitation and correction	2215
and who shall continue as chairperson until a successor is	2216
designated, and any other personnel that are necessary for the	2217
orderly performance of the duties of the board. In addition to	2218
the rules authorized by section 5149.02 of the Revised Code, the	2219
chief of the adult parole authority, subject to the approval of	2220
the chief of the division of parole and community services and	2221
subject to this section, shall adopt rules governing the	2222
proceedings of the parole board. The rules shall provide for the	2223
convening of full board hearings, the procedures to be followed in	2224
full board hearings, and general procedures to be followed in	2225
other hearings of the board and by the board's hearing officers.	2226
The rules also shall require agreement by a majority of all the	2227
board members to any recommendation of clemency transmitted to the	2228
governor.	2229

When the board members sit as a full board, the chairperson	2230
shall preside. The chairperson shall also allocate the work of	2231
the parole board among the board members. The full board shall	2232
meet at least once each month. In the case of a tie vote on the	2233
full board, the chief of the adult parole authority shall cast the	2234
deciding vote. The chairperson may designate a person to serve in	2235
the chairperson's place.	2236

Except as otherwise provided in division (B) of this section,	2237
no person shall be appointed a member of the board who is not	2238
qualified by education or experience in correctional work,	2239
including law enforcement, prosecution of offenses, advocating for	2240
the rights of victims of crime, probation, or parole, in law, in	2241
social work, or in a combination of the three categories.	2242

(B) The director of rehabilitation and correction, in	2243
consultation with the governor, shall appoint one member of the	2244
board, who shall be a person who has been a victim of crime or who	2245
is a member of a victim's family or who represents an organization	2246
that advocates for the rights of victims of crime. After	2247
appointment, this member shall be an unclassified employee of the	2248
department of rehabilitation and correction.	2249

The initial appointment shall be for a term ending four years	2250
after the effective date of this amendment. Thereafter, the term	2251
of office of the member appointed under this division shall be for	2252
four years, with each term ending on the same day of the same	2253
month as did the term that it succeeds. The member shall hold	2254
office from the date of appointment until the end of the term for	2255
which the member was appointed and may be reappointed. Vacancies	2256
shall be filled in the manner provided for original appointments.	2257
Any member appointed under this division to fill a vacancy	2258
occurring prior to the expiration date of the term for which the	2259
member's predecessor was appointed shall hold office as a member	2260
for the remainder of that term. The member appointed under this	2261
division shall continue in office subsequent to the expiration	2262
date of the member's term until the member's successor takes	2263
office or until a period of sixty days has elapsed, whichever	2264
occurs first.	2265

The member appointed under this division shall be compensated	2266
in the same manner as other board members and shall be reimbursed	2267
for actual and necessary expenses incurred in the performance of	2268
the members' duties. The member may vote on all cases heard by	2269
the full board under section 5149.101 of the Revised Code, has	2270
such duties as are assigned by the chairperson of the board, and	2271
shall coordinate the member's activities with the office of	2272
victims' services created under section 5120.60 of the Revised	2273
Code.	2274

As used in this division, "crime," "member of the victim's	2275
family," and "victim" have the meanings given in section 2930.01	2276
of the Revised Code.	2277

(C) The chairperson shall submit all recommendations for or	2278
against clemency directly to the governor.	2279

(D) The chairperson shall transmit to the chief of the adult	2280
parole authority all determinations for or against parole made by	2281
the board. Parole determinations are final and are not subject to	2282
review or change by the chief.	2283

(E) In addition to its duties pertaining to parole and	2284
clemency, if an offender is sentenced to a prison term pursuant to	2285
division (A)(3) of section 2971.03 of the Revised Code, the parole	2286
board shall have control over the offendersoffender's service of	2287
the prison term during the entire term unless the board terminates	2288
its control in accordance with section 2971.04 of the Revised	2289
Code. The parole board may terminate its control over the	2290
offender's service of the prison term only in accordance with	2291
section 2971.04 of the Revised Code.	2292

Sec. 5149.12.  The adult parole authority shall exercise	2293
general supervision over the work of all probation and parole	2294
officers throughout the state, includingexcluding those appointed	2295
in county probation departments and those appointed by municipal	2296
judges.	2297

The authority shall collect and publish statistical and other	2298
information and make recommendations as to the operation of the	2299
probation and parole system. It shall keep itself informed as to	2300
the work of probation and parole officers, and shall inquire into	2301
their conduct and efficiency. It may require reports from	2302
probation officers on blanks which it furnishes. It shall each	2303
year inform the courts and probation and parole officers of any	2304
legislation directly affecting probation or parole, and shall each	2305
year publish a list of all probation and parole officers. It	2306
shall endeavor, by such means as seem most suitable, to secure the	2307
effective application of the probation and parole system and	2308
enforcement of the probation and parole law in all parts of the	2309
state.	2310

The authority shall make an annual report which shows the	2311
results of the state parole system and the probation system as	2312
administered in the various counties.	2313

The authority, in discharge of its duties, shall have access	2314
to all offices and records of probation departments and officers	2315
within the state.	2316

Section 2.  That existing sections 1901.33, 2151.421,	2317
2301.27, 2301.54, 2907.03, 2921.36, 2933.41, 2951.03, 2967.14,	2318
2967.26, 2967.27, 2967.28, 5120.01, 5120.21, 5120.30, 5120.38,	2319
5120.421, 5120.48, 5120.60, 5139.251, 5145.06, 5149.02, 5149.04,	2320
5149.05, 5149.06, 5149.10, and 5149.12 and section 5120.43 of the	2321
Revised Code are hereby repealed.	2322

Section 3.  Section 5149.06 of the Revised Code is presented	2323
in this act as a composite of the section as amended by both Am.	2324
Sub. H.B. 406 and Am. Sub. H.B. 571 of the 120th General Assembly.	2325
The General Assembly, applying the principle stated in division	2326
(B) of section 1.52 of the Revised Code that amendments are to be	2327
harmonized if reasonably capable of simultaneous operation, finds	2328
that the composite is the resulting version of the section in	2329
effect prior to the effective date of the section as presented in	2330
this act.	2331