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

To amend sections 1901.33, 2151.421, 2301.27, 2301.54,

1

2301.56, 2907.03, 2921.36, 2933.41, 2951.03,

2

2967.14, 2967.26, 2967.27, 2967.28, 5120.01,

3

5120.21, 5120.30, 5120.38, 5120.421, 5120.48,

4

5120.60, 5139.251, 5145.06, 5149.02, 5149.04,

5

5149.05, 5149.06, 5149.10, and 5149.12, to enact

6

sections 5120.173 and 5145.163, and to repeal

7

section 5120.43 of the Revised Code relative to the

8

Department of Rehabilitation and Correction and to

9

auditing of community-based correctional

10

facilities.

11

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

Section 1. That sections 1901.33, 2151.421, 2301.27,	12
2301.54, 2301.56, 2907.03, 2921.36, 2933.41, 2951.03, 2967.14,	13
2967.26, 2967.27, 2967.28, 5120.01, 5120.21, 5120.30, 5120.38,	14
5120.421, 5120.48, 5120.60, 5139.251, 5145.06, 5149.02, 5149.04,	15
5149.05, 5149.06, 5149.10, and 5149.12 be amended and sections	16
5120.173 and 5145.163 of the Revised Code be enacted to read as	17
follows:	18

Sec. 1901.33.  (A) The judge or judges of a municipal court	19
may appoint one or more interpreters, one or more mental health	20
professionals, one or more probation officers, an assignment	21
commissioner, deputy assignment commissioners, and other court	22
aides on a full-time, part-time, hourly, or other basis. Each	23
appointee shall receive the compensation out of the city treasury	24
that the legislative authority prescribes, except that in a	25
county-operated municipal court they shall receive the	26
compensation out of the treasury of the county in which the court	27
is located that the board of county commissioners prescribes.	28
Probation officers have all the powers of regular police officers	29
and shall perform any duties that are designated by the judge or	30
judges of the court. Assignment commissioners shall assign cases	31
for trial and perform any other duties that the court directs.	32

The judge or judges may appoint one or more typists,	33
stenographers, statistical clerks, and official court reporters,	34
each of whom shall be paid the compensation out of the city	35
treasury that the legislative authority prescribes, except that in	36
a county-operated municipal court they shall be paid the	37
compensation out of the treasury of the county in which the court	38
is located that the board of county commissioners prescribes.	39

(B) If a municipal court appoints one or more probation	40
officers, those officers shall constitute the municipal court	41
department of probation unless the court designates other	42
employees as the department of probation for the court.	43

(C) The chief probation officer may grant permission to a	44
probation officer to carry firearms when required in the discharge	45
of the probation officer's official duties, provided that anyif	46
the probation officer who is granted permission to carry firearms	47
in the discharge of the probation officer's official duties,	48
within six months of receiving permission to carry a firearm,	49
shallhas successfully completecompleted a basic firearm training	50
program that is conducted at a training school approved by the	51
executive director of the Ohio peace officer training commission	52
and that is substantially similar to the basic firearm training	53
program for peace officers conducted at the Ohio peace officer	54
training academy and receive a certificate of satisfactory	55
completion of that program from the executive director of the Ohio	56
peace officer training commission. Any probation officer who does	57
not successfully complete a basic firearm training program within	58
the six-month period after receiving permission to carry a firearm	59
shall not carry, after the expiration of that six-month period, a	60
firearm in the discharge of the probation officer's official	61
duties until the probation officer has successfully completed a	62
basic firearm training program. A probation officer who has	63
received a certificate of satisfactory completion of a basic	64
firearm training program, to maintain the rightbeen granted	65
permission to carry a firearm in the discharge of the probation	66
officer's official duties, annually shall successfully complete a	67
firearms requalification program in accordance with section	68
109.801 of the Revised Code.	69

(D) The judge or judges of a municipal court in which the	70
clerk of the court is elected as provided in division (A)(1)(a) or	71
(d) or (A)(2)(b) of section 1901.31 of the Revised Code may	72
appoint an administrative assistant. The administrative assistant	73
shall have charge of personnel related matters of the court and	74
shall perform any other administrative duties assigned by the	75
court. The administrative assistant shall receive the	76
compensation out of the city treasury that the court prescribes,	77
except that, in a county-operated municipal court, the	78
administrative assistant shall receive the compensation out of the	79
treasury of the county in which the court is located that the	80
court prescribes.	81

Sec. 2151.421.  (A)(1)(a) No person described in division	82
(A)(1)(b) of this section who is acting in an official or	83
professional capacity and knows or suspects that a child under	84
eighteen years of age or a mentally retarded, developmentally	85
disabled, or physically impaired child under twenty-one years of	86
age has suffered or faces a threat of suffering any physical or	87
mental wound, injury, disability, or condition of a nature that	88
reasonably indicates abuse or neglect of the child, shall fail to	89
immediately report that knowledge or suspicion to the entity or	90
persons specified in this division. Except as provided in section	91
5120.173 of the Revised Code, the person making the report shall	92
make it to the public children services agency or a municipal or	93
county peace officer in the county in which the child resides or	94
in which the abuse or neglect is occurring or has occurred. In the	95
circumstances described in section 5120.173 of the Revised Code,	96
the person making the report shall make it to the entity specified	97
in that section.	98

(b) Division (A)(1)(a) of this section applies to any person	99
who is an attorney; physician, including a hospital intern or	100
resident; dentist; podiatrist; practitioner of a limited branch of	101
medicine as specified in section 4731.15 of the Revised Code;	102
registered nurse; licensed practical nurse; visiting nurse; other	103
health care professional; licensed psychologist; licensed school	104
psychologist; speech pathologist or audiologist; coroner;	105
administrator or employee of a child day-care center;	106
administrator or employee of a residential camp or child day camp;	107
administrator or employee of a certified child care agency or	108
other public or private children services agency; school teacher;	109
school employee; school authority; person engaged in social work	110
or the practice of professional counseling; or a person rendering	111
spiritual treatment through prayer in accordance with the tenets	112
of a well-recognized religion.	113

(2) An attorney or a physician is not required to make a	114
report pursuant to division (A)(1) of this section concerning any	115
communication the attorney or physician receives from a client or	116
patient in an attorney-client or physician-patient relationship,	117
if, in accordance with division (A) or (B) of section 2317.02 of	118
the Revised Code, the attorney or physician could not testify with	119
respect to that communication in a civil or criminal proceeding,	120
except that the client or patient is deemed to have waived any	121
testimonial privilege under division (A) or (B) of section 2317.02	122
of the Revised Code with respect to that communication and the	123
attorney or physician shall make a report pursuant to division	124
(A)(1) of this section with respect to that communication, if all	125
of the following apply:	126

(a) The client or patient, at the time of the communication,	127
is either a child under eighteen years of age or a mentally	128
retarded, developmentally disabled, or physically impaired person	129
under twenty-one years of age.	130

(b) The attorney or physician knows or suspects, as a result	131
of the communication or any observations made during that	132
communication, that the client or patient has suffered or faces a	133
threat of suffering any physical or mental wound, injury,	134
disability, or condition of a nature that reasonably indicates	135
abuse or neglect of the client or patient.	136

(c) The attorney-client or physician-patient relationship	137
does not arise out of the client's or patient's attempt to have an	138
abortion without the notification of her parents, guardian, or	139
custodian in accordance with section 2151.85 of the Revised Code.	140

(B) Anyone, who knows or suspects that a child under eighteen	141
years of age or a mentally retarded, developmentally disabled, or	142
physically impaired person under twenty-one years of age has	143
suffered or faces a threat of suffering any physical or mental	144
wound, injury, disability, or other condition of a nature that	145
reasonably indicates abuse or neglect of the child, may report or	146
cause reports to be made of that knowledge or suspicion to the	147
entity or persons specified in this division. Except as provided	148
in section 5120.173 of the Revised Code, a person making a report	149
or causing a report to be made under this division shall make it	150
or cause it to be made to the public children services agency or	151
to a municipal or county peace officer. In the circumstances	152
described in section 5120.173 of the Revised Code, a person making	153
a report or causing a report to be made under this division shall	154
make it or cause it to be made to the entity specified in that	155
section.	156

(C) Any report made pursuant to division (A) or (B) of this	157
section shall be made forthwith either by telephone or in person	158
and shall be followed by a written report, if requested by the	159
receiving agency or officer. The written report shall contain:	160

(1) The names and addresses of the child and the child's	161
parents or the person or persons having custody of the child, if	162
known;	163

(2) The child's age and the nature and extent of the child's	164
known or suspected injuries, abuse, or neglect or of the known or	165
suspected threat of injury, abuse, or neglect, including any	166
evidence of previous injuries, abuse, or neglect;	167

(3) Any other information that might be helpful in	168
establishing the cause of the known or suspected injury, abuse, or	169
neglect or of the known or suspected threat of injury, abuse, or	170
neglect.	171

Any person, who is required by division (A) of this section	172
to report known or suspected child abuse or child neglect, may	173
take or cause to be taken color photographs of areas of trauma	174
visible on a child and, if medically indicated, cause to be	175
performed radiological examinations of the child.	176

(D)(1) Upon the receipt ofWhen a municipal or county peace	177
officer receives a report concerning the possible abuse or neglect	178
of a child or the possible threat of abuse or neglect of a child,	179
upon receipt of the report, the municipal or county peace officer	180
who receives the report shall refer the report to the appropriate	181
public children services agency.	182

(2) On receipt ofWhen a public children services agency	183
receives a report pursuant to this division or division (A) or (B)	184
of this section, upon receipt of the report, the public children	185
services agency shall comply with section 2151.422 of the Revised	186
Code.	187

(E) No township, municipal, or county peace officer shall	188
remove a child about whom a report is made pursuant to this	189
section from the child's parents, stepparents, or guardian or any	190
other persons having custody of the child without consultation	191
with the public children services agency, unless, in the judgment	192
of the officer, and, if the report was made by physician, the	193
physician, immediate removal is considered essential to protect	194
the child from further abuse or neglect. The agency that must be	195
consulted shall be the agency conducting the investigation of the	196
report as determined pursuant to section 2151.422 of the Revised	197
Code.	198

(F)(1) Except as provided in section 2151.422 of the Revised	199
Code, the public children services agency shall investigate,	200
within twenty-four hours, each report of known or suspected child	201
abuse or child neglect and of a known or suspected threat of child	202
abuse or child neglect that is referred to it under this section	203
to determine the circumstances surrounding the injuries, abuse, or	204
neglect or the threat of injury, abuse, or neglect, the cause of	205
the injuries, abuse, neglect, or threat, and the person or persons	206
responsible. The investigation shall be made in cooperation with	207
the law enforcement agency and in accordance with the memorandum	208
of understanding prepared under division (J) of this section. A	209
failure to make the investigation in accordance with the	210
memorandum is not grounds for, and shall not result in, the	211
dismissal of any charges or complaint arising from the report or	212
the suppression of any evidence obtained as a result of the report	213
and does not give, and shall not be construed as giving, any	214
rights or any grounds for appeal or post-conviction relief to any	215
person. The public children services agency shall report each	216
case to a central registry which the department of job and family	217
services shall maintain in order to determine whether prior	218
reports have been made in other counties concerning the child or	219
other principals in the case. The public children services agency	220
shall submit a report of its investigation, in writing, to the law	221
enforcement agency.	222

(2) The public children services agency shall make any	223
recommendations to the county prosecuting attorney or city	224
director of law that it considers necessary to protect any	225
children that are brought to its attention.	226

(G)(1)(a) Except as provided in division (H)(3) of this	227
section, anyone or any hospital, institution, school, health	228
department, or agency participating in the making of reports under	229
division (A) of this section, anyone or any hospital, institution,	230
school, health department, or agency participating in good faith	231
in the making of reports under division (B) of this section, and	232
anyone participating in good faith in a judicial proceeding	233
resulting from the reports, shall be immune from any civil or	234
criminal liability for injury, death, or loss to person or	235
property that otherwise might be incurred or imposed as a result	236
of the making of the reports or the participation in the judicial	237
proceeding.	238

(b) Notwithstanding section 4731.22 of the Revised Code, the	239
physician-patient privilege shall not be a ground for excluding	240
evidence regarding a child's injuries, abuse, or neglect, or the	241
cause of the injuries, abuse, or neglect in any judicial	242
proceeding resulting from a report submitted pursuant to this	243
section.	244

(2) In any civil or criminal action or proceeding in which	245
it is alleged and proved that participation in the making of a	246
report under this section was not in good faith or participation	247
in a judicial proceeding resulting from a report made under this	248
section was not in good faith, the court shall award the	249
prevailing party reasonable attorney's fees and costs and, if a	250
civil action or proceeding is voluntarily dismissed, may award	251
reasonable attorney's fees and costs to the party against whom the	252
civil action or proceeding is brought.	253

(H)(1) Except as provided in divisions (H)(4), (M), and (N)	254
of this section, a report made under this section is confidential.	255
The information provided in a report made pursuant to this section	256
and the name of the person who made the report shall not be	257
released for use, and shall not be used, as evidence in any civil	258
action or proceeding brought against the person who made the	259
report. In a criminal proceeding, the report is admissible in	260
evidence in accordance with the Rules of Evidence and is subject	261
to discovery in accordance with the Rules of Criminal Procedure.	262

(2) No person shall permit or encourage the unauthorized	263
dissemination of the contents of any report made under this	264
section.	265

(3) A person who knowingly makes or causes another person to	266
make a false report under division (B) of this section that	267
alleges that any person has committed an act or omission that	268
resulted in a child being an abused child or a neglected child is	269
guilty of a violation of section 2921.14 of the Revised Code.	270

(4) If a report is made pursuant to division (A) or (B) of	271
this section and the child who is the subject of the report dies	272
for any reason at any time after the report is made, but before	273
the child attains eighteen years of age, the public children	274
services agency or municipal or county peace officer to which the	275
report was made or referred, on the request of the child fatality	276
review board, shall submit a summary sheet of information	277
providing a summary of the report to the review board of the	278
county in which the deceased child resided at the time of death.	279
On the request of the review board, the agency or peace officer	280
may, at its discretion, make the report available to the review	281
board.	282

(5) A public children services agency shall advise a person	283
alleged to have inflicted abuse or neglect on a child who is the	284
subject of a report made pursuant to this section in writing of	285
the disposition of the investigation. The agency shall not	286
provide to the person any information that identifies the person	287
who made the report, statements of witnesses, or police or other	288
investigative reports.	289

(I) Any report that is required by this section, other than	290
a report that is made to the state highway patrol as described in	291
section 5120.173 of the Revised Code, shall result in protective	292
services and emergency supportive services being made available by	293
the public children services agency on behalf of the children	294
about whom the report is made, in an effort to prevent further	295
neglect or abuse, to enhance their welfare, and, whenever	296
possible, to preserve the family unit intact. The agency required	297
to provide the services shall be the agency conducting the	298
investigation of the report pursuant to section 2151.422 of the	299
Revised Code.	300

(J)(1) Each public children services agency shall prepare a	301
memorandum of understanding that is signed by all of the	302
following:	303

(a) If there is only one juvenile judge in the county, the	304
juvenile judge of the county or the juvenile judge's	305
representative;	306

(b) If there is more than one juvenile judge in the county,	307
a juvenile judge or the juvenile judges' representative selected	308
by the juvenile judges or, if they are unable to do so for any	309
reason, the juvenile judge who is senior in point of service or	310
the senior juvenile judge's representative;	311

(c) The county peace officer;

312

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

313

(e) Other law enforcement officers handling child abuse and	314
neglect cases in the county;	315

(f) The prosecuting attorney of the county;

316

(g) If the public children services agency is not the county	317
department of job and family services, the county department of	318
job and family services.	319

(2) A memorandum of understanding shall set forth the normal	320
operating procedure to be employed by all concerned officials in	321
the execution of their respective responsibilities under this	322
section and division (C) of section 2919.21, division (B)(1) of	323
section 2919.22, division (B) of section 2919.23, and section	324
2919.24 of the Revised Code and shall have as two of its primary	325
goals the elimination of all unnecessary interviews of children	326
who are the subject of reports made pursuant to division (A) or	327
(B) of this section and, when feasible, providing for only one	328
interview of a child who is the subject of any report made	329
pursuant to division (A) or (B) of this section. A failure to	330
follow the procedure set forth in the memorandum by the concerned	331
officials is not grounds for, and shall not result in, the	332
dismissal of any charges or complaint arising from any reported	333
case of abuse or neglect or the suppression of any evidence	334
obtained as a result of any reported child abuse or child neglect	335
and does not give, and shall not be construed as giving, any	336
rights or any grounds for appeal or post-conviction relief to any	337
person.	338

(3) A memorandum of understanding shall include all of the	339
following:	340

(a) The roles and responsibilities for handling emergency	341
and nonemergency cases of abuse and neglect;	342

(b) Standards and procedures to be used in handling and	343
coordinating investigations of reported cases of child abuse and	344
reported cases of child neglect, methods to be used in	345
interviewing the child who is the subject of the report and who	346
allegedly was abused or neglected, and standards and procedures	347
addressing the categories of persons who may interview the child	348
who is the subject of the report and who allegedly was abused or	349
neglected.	350

(K)(1) Except as provided in division (K)(4) of this	351
section, a person who is required to make a report pursuant to	352
division (A) of this section may make a reasonable number of	353
requests of the public children services agency that receives or	354
is referred the report to be provided with the following	355
information:	356

(a) Whether the agency has initiated an investigation of the	357
report;	358

(b) Whether the agency is continuing to investigate the	359
report;	360

(c) Whether the agency is otherwise involved with the child	361
who is the subject of the report;	362

(d) The general status of the health and safety of the child	363
who is the subject of the report;	364

(e) Whether the report has resulted in the filing of a	365
complaint in juvenile court or of criminal charges in another	366
court.	367

(2) A person may request the information specified in	368
division (K)(1) of this section only if, at the time the report is	369
made, the person's name, address, and telephone number are	370
provided to the person who receives the report.	371

When a municipal or county peace officer or employee of a	372
public children services agency receives a report pursuant to	373
division (A) or (B) of this section the recipient of the report	374
shall inform the person of the right to request the information	375
described in division (K)(1) of this section. The recipient of	376
the report shall include in the initial child abuse or child	377
neglect report that the person making the report was so informed	378
and, if provided at the time of the making of the report, shall	379
include the person's name, address, and telephone number in the	380
report.	381

Each request is subject to verification of the identity of	382
the person making the report. If that person's identity is	383
verified, the agency shall provide the person with the information	384
described in division (K)(1) of this section a reasonable number	385
of times, except that the agency shall not disclose any	386
confidential information regarding the child who is the subject of	387
the report other than the information described in those	388
divisions.	389

(3) A request made pursuant to division (K)(1) of this	390
section is not a substitute for any report required to be made	391
pursuant to division (A) of this section.	392

(4) If an agency other than the agency that received or was	393
referred the report is conducting the investigation of the report	394
pursuant to section 2151.422 of the Revised Code, the agency	395
conducting the investigation shall comply with the requirements of	396
division (K) of this section.	397

(L) The director of job and family services shall adopt	398
rules in accordance with Chapter 119. of the Revised Code to	399
implement this section. The department of job and family services	400
may enter into a plan of cooperation with any other governmental	401
entity to aid in ensuring that children are protected from abuse	402
and neglect. The department shall make recommendations to the	403
attorney general that the department determines are necessary to	404
protect children from child abuse and child neglect.	405

(M) No later than the end of the day following the day on	406
which a public children services agency receives a report of	407
alleged child abuse or child neglect, or a report of an alleged	408
threat of child abuse or child neglect, that allegedly occurred in	409
or involved an out-of-home care entity, the agency shall provide	410
written notice of the allegations contained in and the person	411
named as the alleged perpetrator in the report to the	412
administrator, director, or other chief administrative officer of	413
the out-of-home care entity that is the subject of the report	414
unless the administrator, director, or other chief administrative	415
officer is named as an alleged perpetrator in the report. If the	416
administrator, director, or other chief administrative officer of	417
an out-of-home care entity is named as an alleged perpetrator in a	418
report of alleged child abuse or child neglect, or a report of an	419
alleged threat of child abuse or child neglect, that allegedly	420
occurred in or involved the out-of-home care entity, the agency	421
shall provide the written notice to the owner or governing board	422
of the out-of-home care entity that is the subject of the report.	423
The agency shall not provide witness statements or police or other	424
investigative reports.	425

(N) No later than three days after the day on which a public	426
children services agency that conducted the investigation as	427
determined pursuant to section 2151.422 of the Revised Code makes	428
a disposition of an investigation involving a report of alleged	429
child abuse or child neglect, or a report of an alleged threat of	430
child abuse or child neglect, that allegedly occurred in or	431
involved an out-of-home care entity, the agency shall send written	432
notice of the disposition of the investigation to the	433
administrator, director, or other chief administrative officer and	434
the owner or governing board of the out-of-home care entity. The	435
agency shall not provide witness statements or police or other	436
investigative reports.	437

Sec. 2301.27.  (A)(1) The court of common pleas may	438
establish a county department of probation. The establishment of	439
the department shall be entered upon the journal of the court, and	440
the clerk of the court of common pleas shall certify a copy of the	441
journal entry establishing the department to each elective officer	442
and board of the county. The department shall consist of a chief	443
probation officer and the number of other probation officers and	444
employees, clerks, and stenographers that is fixed from time to	445
time by the court. The court shall appoint those individuals, fix	446
their salaries, and supervise their work. The court shall not	447
appoint as a probation officer any person who does not possess the	448
training, experience, and other qualifications prescribed by the	449
adult parole authority created by section 5149.02 of the Revised	450
Code. Probation officers have all the powers of regular police	451
officers and shall perform any duties that are designated by the	452
judge or judges of the court. All positions within the department	453
of probation shall be in the classified service of the civil	454
service of the county.	455

(2) If two or more counties desire to jointly establish a	456
probation department for those counties, the judges of the courts	457
of common pleas of those counties may establish a probation	458
department for those counties. If a probation department is	459
established pursuant to division (A)(2) of this section to serve	460
more than one county, the judges of the courts of common pleas	461
that established the department shall designate the county	462
treasurer of one of the counties served by the department as the	463
treasurer to whom probation fees paid under section 2951.021 of	464
the Revised Code are to be appropriated and transferred under	465
division (A)(2) of section 321.44 of the Revised Code for deposit	466
into the multicounty probation services fund established under	467
division (B) of section 321.44 of the Revised Code.	468

The cost of the administration and operation of a probation	469
department established for two or more counties shall be prorated	470
to the respective counties on the basis of population.	471

(3) Probation officers shall receive, in addition to their	472
respective salaries, their necessary and reasonable travel and	473
other expenses incurred in the performance of their duties. Their	474
salaries and expenses shall be paid monthly from the county	475
treasury in the manner provided for the payment of the	476
compensation of other appointees of the court.	477

(B)(1) In lieu of establishing a county department of	478
probation under division (A) of this section and in lieu of	479
entering into an agreement with the adult parole authority as	480
described in division (B) of section 2301.32 of the Revised Code,	481
the court of common pleas may request the board of county	482
commissioners to contract with, and upon that request the board	483
may contract with, any nonprofit, public or private agency,	484
association, or organization for the provision of probation	485
services and supervisory services for persons placed under	486
community control sanctions. The contract shall specify that each	487
individual providing the probation services and supervisory	488
services shall possess the training, experience, and other	489
qualifications prescribed by the adult parole authority. The	490
individuals who provide the probation services and supervisory	491
services shall not be included in the classified or unclassified	492
civil service of the county.	493

(2) In lieu of establishing a county department of probation	494
under division (A) of this section and in lieu of entering into an	495
agreement with the adult parole authority as described in division	496
(B) of section 2301.32 of the Revised Code, the courts of common	497
pleas of two or more adjoining counties jointly may request the	498
boards of county commissioners of those counties to contract with,	499
and upon that request the boards of county commissioners of two or	500
more adjoining counties jointly may contract with, any nonprofit,	501
public or private agency, association, or organization for the	502
provision of probation services and supervisory services for	503
persons placed under community control sanctions for those	504
counties. The contract shall specify that each individual	505
providing the probation services and supervisory services shall	506
possess the training, experience, and other qualifications	507
prescribed by the adult parole authority. The individuals who	508
provide the probation services and supervisory services shall not	509
be included in the classified or unclassified civil service of any	510
of those counties.	511

(C) The chief probation officer may grant permission to a	512
probation officer to carry firearms when required in the discharge	513
of official duties, provided that anyif the probation officer who	514
is granted permission to carry firearms in the discharge of	515
official duties, within six months of receiving permission to	516
carry a firearm, shallhas successfully completecompleted a basic	517
firearm training program that is conducted at a training school	518
approved by the executive director of the Ohio peace officer	519
training commission and that is substantially similar to the basic	520
firearm training program for peace officers conducted at the Ohio	521
peace officer training academy and receive a certificate of	522
satisfactory completion of that program from the executive	523
director of the Ohio peace officer training commission. Any	524
probation officer who does not successfully complete a basic	525
firearm training program within the six-month period after	526
receiving permission to carry a firearm shall not carry, after the	527
expiration of that six-month period, a firearm in the discharge of	528
official duties until the probation officer has successfully	529
completed a basic firearm training program. A probation officer	530
who has received a certificate of satisfactory completion of a	531
basic firearm training program, to maintain the rightbeen granted	532
permission to carry a firearm in the discharge of official duties,	533
annually shall successfully complete a firearms requalification	534
program in accordance with section 109.801 of the Revised Code.	535

(D) As used in this section, "community control sanction"	536
has the same meaning as in section 2929.01 of the Revised Code.	537

Sec. 2301.54.  Each citizens advisory board appointed under	538
section 2301.53 of the Revised Code shall do all of the following,	539
for each community-based correctional facility and program or	540
district community-based correctional facility and program that	541
was contained in a proposal submitted by the judicial corrections	542
board that appointed it and that was approved by the section on	543
probation development and supervision of the adult parole	544
authoritydivision of parole and community services:	545

(A) Recommend physical facilities for the use and operation	546
of the facility and program;	547

(B) Provide community relations services for the facility	548
and program;	549

(C) Regularly conduct public meetings in the communities	550
that are served by the facility and program, accept	551
recommendations from the public that are offered at the meetings	552
and that relate to the operation of the facility and program, and	553
refer the recommendations to the judicial corrections board;	554

(D) Encourage the provision of community services by	555
persons, agencies, organizations, or groups in the area served by	556
the facility and program, and seek out persons, agencies,	557
organizations, or groups to provide community services, to the	558
facility and program;	559

(E) Perform other duties relating to the operation of the	560
facility and program that are prescribed by the judicial	561
corrections board.	562

Sec. 2301.56.  (A) A judicial corrections board that	563
proposes or establishes one or more community-based correctional	564
facilities and programs or district community-based correctional	565
facilities and programs may apply to the division of parole and	566
community services for state financial assistance for the cost of	567
renovation, maintenance, and operation of any of the facilities	568
and programs. If the judicial corrections board has proposed or	569
established more than one facility and program and if it desires	570
state financial assistance for more than one of the facilities and	571
programs, the board shall submit a separate application for each	572
facility and program for which it desires the financial	573
assistance.	574

An application for state financial assistance under this	575
section may be made when the judicial corrections board submits	576
for the approval of the section its proposal for the establishment	577
of the facility and program in question to the division of parole	578
and community services under division (B) of section 2301.51 of	579
the Revised Code, or at any time after the section has approved	580
the proposal. All applications for state financial assistance for	581
proposed or approved facilities and programs shall be made on	582
forms that are prescribed and furnished by the department of	583
rehabilitation and correction, and in accordance with section	584
5120.112 of the Revised Code.	585

The judicial corrections board may submit a request for	586
funding of some or all of its community-based correctional	587
facilities and programs or district community-based correctional	588
facilities and programs to the board of county commissioners of	589
the county, if the judicial corrections board serves a	590
community-based correctional facility and program, or to the	591
boards of county commissioners of all of the member counties, if	592
the judicial corrections board serves a district community-based	593
correctional facility and program. The board or boards may	594
appropriate, but are not required to appropriate, a sum of money	595
for funding all aspects of each facility and program as outlined	596
in sections 2301.51 to 2301.56 of the Revised Code. The judicial	597
corrections board has no recourse against a board or boards of	598
county commissioners, either under Chapter 2731. of the Revised	599
Code, under its contempt power, or under any other authority, if	600
the board or boards of county commissioners do not appropriate	601
money for funding any facility or program or if they appropriate	602
money for funding a facility and program in an amount less than	603
the total amount of the submitted request for funding.	604

(B) Pursuant to section 2929.37 of the Revised Code, a board	605
of county commissioners may require a person who was convicted of	606
an offense and who is confined in a community-based correctional	607
facility or district community-based correctional facility as	608
provided in sections 2301.51 to 2301.56 of the Revised Code, to	609
reimburse the county for its expenses incurred by reason of the	610
person's confinement.	611

(C) Notwithstanding any contrary provision in this section or	612
section 2929.18, 2929.21, 2929.36, or 2929.37 of the Revised Code,	613
the judicial corrections board may establish a policy that	614
complies with section 2929.38 of the Revised Code and that	615
requires any person who is not indigent and who is confined in the	616
community-based correctional facility or district community-based	617
correctional facility to pay a reception fee or a fee for any	618
medical treatment or service requested by and provided to that	619
person.	620

(D) If a person who has been convicted of or pleaded guilty	621
to an offense is confined in a community-based correctional	622
facility or district community-based correctional facility, at the	623
time of reception and at other times the person in charge of the	624
operation of the facility determines to be appropriate, the person	625
in charge of the operation of the facility may cause the convicted	626
offender to be examined and tested for tuberculosis, HIV	627
infection, hepatitis, including but not limited to hepatitis A, B,	628
and C, and other contagious diseases. The person in charge of the	629
operation of the facility may cause a convicted offender in the	630
facility who refuses to be tested or treated for tuberculosis, HIV	631
infection, hepatitis, including but not limited to hepatitis A, B,	632
and C, or another contagious disease to be tested and treated	633
involuntarily.	634

(E)(1) Community-based correctional facilities and programs	635
and district community-based correctional facilities and programs	636
are public offices under section 117.01 of the Revised Code and	637
are subject to audit under section 117.10 of the Revised Code. The	638
audits of the facilities and programs shall include financial	639
audits and, in addition, in the circumstances specified in this	640
division, performance audits by the auditor of state. If a	641
private or nonprofit entity performs the day-to-day operation of	642
any community-based correctional facility and program or district	643
community-based correctional facility and program, the private or	644
nonprofit entity also is subject to financial audits under	645
section 117.10 of the Revised Code, and, in addition, in the	646
circumstances specified in this division, to performance audits by	647
the auditor of state. The auditor of state shall conduct the	648
performance audits of a facility and program and of an entity	649
required under section 117.10 of the Revised Code and this	650
division and, notwithstanding the time period for audits specified	651
in section 117.11 of the Revised Code, shall conduct the financial	652
audits of a facility and program and of an entity required under	653
section 117.10 of the Revised Code and this division, in	654
accordance with the following criteria:	655

(a) For each facility and program and each entity, the	656
auditor of state shall conduct the initial financial audit within	657
two years after the effective date of this amendment or, if the	658
facility and program in question is established on or after the	659
effective date of this amendment, within two years after the date	660
on which it is established.	661

(b) After the initial financial audit described in division	662
(E)(1)(a) of this section, for each facility and program and each	663
entity, the auditor of state shall conduct the financial audits of	664
the facility and program or the entity at least once every two	665
fiscal years.	666

(c) At any time after the effective date of this amendment	667
regarding a facility and program or regarding an entity that	668
performs the day-to-day operation of a facility and program, the	669
department of rehabilitation and correction or the judicial	670
corrections board that established the facility and program may	671
request, or the auditor of state on its own initiative may	672
undertake, a performance audit of the facility and program or the	673
entity. Upon the receipt of the request, or upon the auditor of	674
state's own initiative as described in this division, the auditor	675
of state shall conduct a performance audit of the facility and	676
program or the entity.	677

(2) The department of rehabilitation and correction shall	678
prepare and provide to the auditor of state quarterly financial	679
reports for each community-based correctional facility and	680
program, for each district community-based correctional facility	681
and program, and, to the extent that information is available, for	682
each private or nonprofit entity that performs the day-to-day	683
operation of any community-based correctional facility and program	684
or district community-based correctional facility and program.	685
Each report shall cover a three-month period and shall be provided	686
to the auditor of state not later than fifteen days after the end	687
of the period covered by the report.	688

Sec. 2907.03.  (A) No person shall engage in sexual conduct	689
with another, not the spouse of the offender, when any of the	690
following apply:	691

(1) The offender knowingly coerces the other person to	692
submit by any means that would prevent resistance by a person of	693
ordinary resolution.	694

(2) The offender knows that the other person's ability to	695
appraise the nature of or control the other person's own conduct	696
is substantially impaired.	697

(3) The offender knows that the other person submits because	698
the other person is unaware that the act is being committed.	699

(4) The offender knows that the other person submits because	700
the other person mistakenly identifies the offender as the other	701
person's spouse.	702

(5) The offender is the other person's natural or adoptive	703
parent, or a stepparent, or guardian, custodian, or person in loco	704
parentis of the other person.	705

(6) The other person is in custody of law or a patient in a	706
hospital or other institution, and the offender has supervisory or	707
disciplinary authority over the other person.	708

(7) The offender is a teacher, administrator, coach, or	709
other person in authority employed by or serving in a school for	710
which the state board of education prescribes minimum standards	711
pursuant to division (D) of section 3301.07 of the Revised Code,	712
the other person is enrolled in or attends that school, and the	713
offender is not enrolled in and does not attend that school.	714

(8) The other person is a minor, the offender is a teacher,	715
administrator, coach, or other person in authority employed by or	716
serving in an institution of higher education, and the other	717
person is enrolled in or attends that institution.	718

(9) The other person is a minor, and the offender is the	719
other person's athletic or other type of coach, is the other	720
person's instructor, is the leader of a scouting troop of which	721
the other person is a member, or is a person with temporary or	722
occasional disciplinary control over the other person.	723

(10) The offender is a mental health professional, the other	724
person is a mental health client or patient of the offender, and	725
the offender induces the other person to submit by falsely	726
representing to the other person that the sexual conduct is	727
necessary for mental health treatment purposes.	728

(11) The other person is confined in a detention facility,	729
and the offender is an employee of that detention facility.	730

(B) Whoever violates this section is guilty of sexual	731
battery, a felony of the third degree.	732

(C) As used in this section, "institution:

733

(1) "Detention facility" has the same meaning as in section	734
2921.01 of the Revised Code.	735

(2) "Institution of higher education" means a state	736
institution of higher education defined in section 3345.011 of the	737
Revised Code, a private nonprofit college or university located in	738
this state that possesses a certificate of authorization issued by	739
the Ohio board of regents pursuant to Chapter 1713. of the Revised	740
Code, or a school certified under Chapter 3332. of the Revised	741
Code.	742

Sec. 2921.36.  (A) No person shall knowingly convey, or	743
attempt to convey, onto the grounds of a detention facility or of	744
an institution that is under the control of the department of	745
mental health or the department of mental retardation and	746
developmental disabilities, any of the following items:	747

(1) Any deadly weapon or dangerous ordnance, as defined in	748
section 2923.11 of the Revised Code, or any part of or ammunition	749
for use in such a deadly weapon or dangerous ordnance;	750

(2) Any drug of abuse, as defined in section 3719.011 of the	751
Revised Code;	752

(3) Any intoxicating liquor, as defined in section 4301.01	753
of the Revised Code.	754

(B) Division (A) of this section does not apply to any	755
person who conveys or attempts to convey an item onto the grounds	756
of a detention facility or of an institution under the control of	757
the department of mental health or the department of mental	758
retardation and developmental disabilities pursuant to the written	759
authorization of the person in charge of the detention facility or	760
the institution and in accordance with the written rules of the	761
detention facility or the institution.	762

(C) No person shall knowingly deliver, or attempt to	763
deliver, to any person who is confined in a detention facility or	764
to any patient in an institution under the control of the	765
department of mental health or the department of mental	766
retardation and developmental disabilities, any item listed in	767
division (A)(1), (2), or (3) of this section.	768

(D) No person shall knowingly deliver, or attempt to	769
deliver, cash to any person who is confined in a detention	770
facility.	771

(E) No person shall knowingly deliver, or attempt to deliver,	772
to any person who is confined in a detention facility a cellular	773
telephone, two-way radio, or other electronic communications	774
device.	775

(F)(1) It is an affirmative defense to a charge under	776
division (A)(1) of this section that the weapon or dangerous	777
ordnance in question was being transported in a motor vehicle for	778
any lawful purpose, that it was not on the actor's person, and, if	779
the weapon or dangerous ordnance in question was a firearm, that	780
it was unloaded and was being carried in a closed package, box, or	781
case or in a compartment that can be reached only by leaving the	782
vehicle.	783

(2) It is an affirmative defense to a charge under division	784
(C) of this section that the actor was not otherwise prohibited by	785
law from delivering the item to the confined person or the patient	786
and that either of the following applies:	787

(a) The actor was permitted by the written rules of the	788
detention facility or the institution to deliver the item to the	789
confined person or the patient.	790

(b) The actor was given written authorization by the person	791
in charge of the detention facility or the institution to deliver	792
the item to the confined person or the patient.	793

(F)(G)(1) Whoever violates division (A)(1) of this section	794
or commits a violation of division (C) of this section involving	795
an item listed in division (A)(1) of this section is guilty of	796
illegal conveyance of weapons onto the grounds of a detention	797
facility or a mental health or mental retardation and	798
developmental disabilities institution, a felony of the fourth	799
degree. If the offender is an officer or employee of the	800
department of rehabilitation and correction, the court shall	801
impose a mandatory prison term.	802

(2) Whoever violates division (A)(2) of this section or	803
commits a violation of division (C) of this section involving any	804
drug of abuse is guilty of illegal conveyance of drugs of abuse	805
onto the grounds of a detention facility or a mental health or	806
mental retardation and developmental disabilities institution, a	807
felony of the third degree. If the offender is an officer or	808
employee of the department of rehabilitation and correction or of	809
the department of youth services, the court shall impose a	810
mandatory prison term.	811

(3) Whoever violates division (A)(3) of this section or	812
commits a violation of division (C) of this section involving any	813
intoxicating liquor is guilty of illegal conveyance of	814
intoxicating liquor onto the grounds of a detention facility or a	815
mental health or mental retardation and developmental disabilities	816
institution, a misdemeanor of the second degree.	817

(4) Whoever violates division (D) of this section is guilty	818
of illegal conveyance of cash onto the grounds of a detention	819
facility, a misdemeanor of the first degree. If the offender	820
previously has been convicted of or pleaded guilty to a violation	821
of division (D) of this section, illegal conveyance of cash onto	822
the grounds of a detention facility is a felony of the fifth	823
degree.	824

(5) Whoever violates division (E) of this section is guilty	825
of illegal conveyance of a communications device onto the grounds	826
of a detention facility, a misdemeanor of the first degree, or if	827
the offender previously has been convicted of or pleaded guilty to	828
a violation of division (E) of this section, a felony of the fifth	829
degree.	830

Sec. 2933.41.  (A)(1) Any property, other than contraband	831
that is subject to the provisions of section 2913.34 or 2933.43 of	832
the Revised Code, other than property that is subject to section	833
3719.141 of the Revised Code, other than property that is	834
forfeited under sections 2923.44 to 2923.47 or 2925.41 to 2925.45	835
of the Revised Code, other than a vehicle that is criminally	836
forfeited under an order issued under section 4503.233 or 4503.234	837
of the Revised Code and that is to be disposed of under section	838
4503.234 of the Revised Code, other than property that has been	839
lawfully seized under sections 2933.71 to 2933.75 of the Revised	840
Code in relation to a medicaid fraud offense, and other than	841
property that has been lawfully seized in relation to a violation	842
of section 2923.32 of the Revised Code, that has been lost,	843
abandoned, stolen, seized pursuant to a search warrant, or	844
otherwise lawfully seized or forfeited, and that is in the custody	845
of a law enforcement agency shall be kept safely pending the time	846
it no longer is needed as evidence and shall be disposed of	847
pursuant to this section. Each law enforcement agency that has	848
custody of any property that is subject to this section shall	849
adopt a written internal control policy that addresses the keeping	850
of detailed records as to the amount of property taken in by the	851
agency, that addresses the agency's disposition of the property	852
under this section, that provides for the keeping of detailed	853
records of the disposition of the property, and that provides for	854
the keeping of detailed financial records of the amount and	855
disposition of any proceeds of a sale of the property under	856
division (D)(8) of this section and of the general types of	857
expenditures made out of the proceeds retained by the agency and	858
the specific amount expended on each general type of expenditure.	859
The policy shall not provide for or permit the identification of	860
any specific expenditure that is made in an ongoing investigation.	861
The policy is a public record open for inspection under section	862
149.43 of the Revised Code.	863

(2)(a) Every law enforcement agency that has any lost,	864
abandoned, stolen, seized, or forfeited property as described in	865
division (A)(1) of this section in its custody shall comply with	866
its written internal control policy adopted under that division	867
relative to the property. Each agency that has any such property	868
in its custody, except for property to be disposed of under	869
division (D)(4) of this section, shall maintain an accurate	870
record, in accordance with its written internal control policy, of	871
each item of the property. The record shall include the date on	872
which each item of property came into the agency's custody, the	873
manner in which it was disposed of, the date of its disposition,	874
the name of the person who received the property if it was not	875
destroyed, and all other information required by the agency's	876
written internal control policy; however, the record shall not	877
identify or enable the identification of the individual officer	878
who seized any item of property. The record of any property that	879
no longer is needed as evidence, and all financial records of the	880
amount and disposition of any proceeds of a sale under division	881
(D)(8) of this section and of the general types of expenditures	882
made out of the proceeds retained by the agency and the specific	883
amount of each general type of expenditure, shall be open to	884
public inspection during the agency's regular business hours.	885

Each law enforcement agency that, during any calendar year,	886
has any seized or forfeited property as described in division	887
(A)(1) of this section in its custody shall prepare a report	888
covering the calendar year that cumulates all of the information	889
contained in all of the records kept by the agency pursuant to	890
this division for that calendar year and shall send a copy of the	891
cumulative report, no later than the first day of March in the	892
calendar year following the calendar year covered by the report,	893
to the attorney general. Each report received by the attorney	894
general is a public record open for inspection under section	895
149.43 of the Revised Code.	896

(b) Each law enforcement agency that receives in any	897
calendar year any proceeds of a sale under division (D)(8) of this	898
section shall prepare a report covering the calendar year that	899
cumulates all of the information contained in all of the public	900
financial records kept by the agency pursuant to division	901
(D)(2)(a) of this section for that calendar year and shall send a	902
copy of the cumulative report, no later than the first day of	903
March in the calendar year following the calendar year covered by	904
the report, to the attorney general. Each report received by the	905
attorney general is a public record open for inspection under	906
section 149.43 of the Revised Code.	907

(c) Not later than the fifteenth day of April in the	908
calendar year in which reports are sent to the attorney general	909
under divisions (A)(2)(a) and (b) of this section, the attorney	910
general shall send to the president of the senate and the speaker	911
of the house of representatives a written notification that does	912
all of the following:	913

(i) Indicates that the attorney general has received from	914
law enforcement agencies reports of the type described in division	915
(A)(2)(a), (A)(2)(b), or both (A)(2)(a) and (b) of this section,	916
whichever is applicable, that cover the previous calendar year and	917
indicates that the reports were received under division (A)(2)(a),	918
(A)(2)(b), or both (A)(2)(a) and (b) of this section, whichever is	919
applicable;	920

(ii) Indicates that the reports are open for inspection	921
under section 149.43 of the Revised Code;	922

(iii) Indicates that the attorney general will provide a	923
copy of any or all of the reports to the president of the senate	924
or the speaker of the house of representatives upon request.	925

(B) A law enforcement agency that has property in its	926
possession that is required to be disposed of pursuant to this	927
section shall make a reasonable effort to locate the persons	928
entitled to possession of the property in its custody, to notify	929
them of when and where it may be claimed, and to return the	930
property to them at the earliest possible time. In the absence of	931
evidence identifying persons entitled to possession, it is	932
sufficient notice to advertise in a newspaper of general	933
circulation in the county, briefly describing the nature of the	934
property in custody and inviting persons to view and establish	935
their right to it.	936

(C) A person loses any right that the person may have to the	937
possession, or the possession and ownership, of property if any of	938
the following applies:	939

(1) The property was the subject, or was used in a	940
conspiracy or attempt to commit, or in the commission, of an	941
offense other than a traffic offense, and the person is a	942
conspirator, accomplice, or offender with respect to the offense.	943

(2) A court determines that the property should be forfeited	944
because, in light of the nature of the property or the	945
circumstances of the person, it is unlawful for the person to	946
acquire or possess the property.	947

(D) Unclaimed or forfeited property in the custody of a law	948
enforcement agency, other than contraband that is subject to the	949
provisions of section 2913.34 or 2933.43 of the Revised Code,	950
other than property forfeited under sections 2923.44 to 2923.47 or	951
2925.41 to 2925.45 of the Revised Code, and other than property	952
that has been lawfully seized in relation to a violation of	953
section 2923.32 of the Revised Code, shall be disposed of on	954
application to and order of any court of record that has	955
territorial jurisdiction over the political subdivision in which	956
the law enforcement agency has jurisdiction to engage in law	957
enforcement activities, as follows:	958

(1) Drugs shall be disposed of pursuant to section 3719.11	959
of the Revised Code or placed in the custody of the secretary of	960
the treasury of the United States for disposal or use for medical	961
or scientific purposes under applicable federal law.	962

(2) Firearms and dangerous ordnance suitable for police work	963
may be given to a law enforcement agency for that purpose.	964
Firearms suitable for sporting use or as museum pieces or	965
collectors' items may be sold at public auction pursuant to	966
division (D)(8) of this section. Other firearms and dangerous	967
ordnance shall be destroyed by the agency or shall be sent to the	968
bureau of criminal identification and investigation for	969
destruction by the bureau.	970

(3) Obscene materials shall be destroyed.

971

(4) Beer, intoxicating liquor, or alcohol seized from a	972
person who is not the holder of a permit issued under Chapters	973
4301. and 4303. of the Revised Code or is an offender and	974
forfeited to the state under section 4301.45 or 4301.53 of the	975
Revised Code either shall be sold by the division of liquor	976
control, if the division determines that the beer, intoxicating	977
liquor, or alcohol is fit for sale, or shall be placed in the	978
custody of the investigations unit in the department of public	979
safety and be used for training relating to law enforcement	980
activities. The department, with the assistance of the division	981
of liquor control, shall adopt rules in accordance with Chapter	982
119. of the Revised Code to provide for the distribution of such	983
beer, intoxicating liquor, or alcohol to state or local law	984
enforcement agencies upon their request. If any tax imposed under	985
Title XLIII of the Revised Code has not been paid in relation to	986
the beer, intoxicating liquor, or alcohol, the proceeds of the	987
sale shall first be used to pay the tax. All other money	988
collected under division (D)(4) of this section shall be paid into	989
the state treasury. Any such beer, intoxicating liquor, or	990
alcohol that the division determines to be unfit for sale shall be	991
destroyed.	992

(5) Money received by an inmate of a correctional	993
institution from an unauthorized source or in an unauthorized	994
manner shall be returned to the sender, if known, or deposited in	995
the inmates' industrial and entertainment fund if the sender is	996
not known.	997

(6) Vehicles and vehicle parts forfeited under sections	998
4549.61 to 4549.63 of the Revised Code may be given to a law	999
enforcement agency for use in the performance of its duties.	1000
Those parts may be incorporated into any other official vehicle.	1001
Parts that do not bear vehicle identification numbers or	1002
derivatives of them may be sold or disposed of as provided by	1003
rules of the director of public safety. Parts from which a	1004
vehicle identification number or derivative of it has been	1005
removed, defaced, covered, altered, or destroyed and that are not	1006
suitable for police work or incorporation into an official vehicle	1007
shall be destroyed and sold as junk or scrap.	1008

(7)(a) Computers, computer networks, computer systems, and	1009
computer software suitable for police work may be given to a law	1010
enforcement agency for that purpose. Other computers, computer	1011
networks, computer systems, and computer software shall be	1012
disposed of pursuant to division (D)(8) of this section.	1013

(b) As used in this section, "computers," "computer	1014
networks," "computer systems," and "computer software" have the	1015
same meanings as in section 2913.01 of the Revised Code.	1016

(8) Other unclaimed or forfeited property, including	1017
personal property that is abandoned or relinquished by an inmate	1018
of a state correctional institution, with the approval of the	1019
court, may be used by the law enforcement agency that has	1020
possession of it. If the other unclaimed or forfeited property is	1021
not used by the law enforcement agency, it may be sold, without	1022
appraisal, at a public auction to the highest bidder for cash, or,	1023
in the case of other unclaimed or forfeited moneys, disposed of in	1024
another manner that the court considers proper in the	1025
circumstances.	1026

(E)(1)(a) If the property was in the possession of the law	1027
enforcement agency in relation to a delinquent child proceeding in	1028
a juvenile court, ten per cent of the proceeds from property	1029
disposed of pursuant to this section shall be applied to one or	1030
more alcohol and drug addiction treatment programs that are	1031
certified by the department of alcohol and drug addiction services	1032
under section 3793.06 of the Revised Code and that are specified	1033
by the court in its order issued under division (D) of this	1034
section. A juvenile court shall not specify an alcohol or drug	1035
addiction treatment program in the order unless the program is a	1036
certified alcohol and drug addiction treatment program and, except	1037
as provided in division (E)(1)(a) of this section, unless the	1038
program is located in the county in which the court that issues	1039
the orders is located or in a contiguous county. If no certified	1040
alcohol and drug addiction treatment program is located in any of	1041
those counties, the juvenile court may specify in the order a	1042
certified alcohol and drug addiction treatment program located	1043
anywhere within this state. The remaining ninety per cent of the	1044
proceeds shall be applied as provided in division (E)(1)(b) of	1045
this section.	1046

If the property was in the possession of the law enforcement	1047
agency other than in relation to a delinquent child proceeding in	1048
a juvenile court, all of the proceeds from property disposed of	1049
pursuant to this section shall be applied as provided in division	1050
(E)(1)(b) of this section.	1051

(b) Except as provided in divisions (D)(4), (5), and (E)(2)	1052
of this section and after compliance with division (E)(1)(a) of	1053
this section when that division is applicable, the proceeds from	1054
property disposed of pursuant to this section shall be placed in	1055
the general fund of the state, the county, the township, or the	1056
municipal corporation, of which the law enforcement agency	1057
involved is an agency.	1058

(2) Each board of county commissioners that recognizes a	1059
citizens' reward program as provided in section 9.92 of the	1060
Revised Code shall notify each law enforcement agency of that	1061
county and each law enforcement agency of a township or municipal	1062
corporation wholly located in that county of the official	1063
recognition of the citizens' reward program by filing a copy of	1064
its resolution conferring that recognition with each of those law	1065
enforcement agencies. When the board of county commissioners of a	1066
county recognizes a citizens' reward program and the county	1067
includes a part, but not all, of the territory of a municipal	1068
corporation, the board shall so notify the law enforcement agency	1069
of that municipal corporation of the official recognition of the	1070
citizens' reward program only if the county contains the highest	1071
percentage of the municipal corporation's population. Upon	1072
receipt of a notice described in this division, each law	1073
enforcement agency shall pay twenty-five per cent of the proceeds	1074
from each sale of property disposed of pursuant to this section to	1075
the citizens' reward program for use exclusively for the payment	1076
of rewards. No part of those funds may be used to pay for the	1077
administrative expenses or any other expenses associated with a	1078
citizens' reward program. If a citizens' reward program that	1079
operates in more than one county or in another state or states in	1080
addition to this state receives funds pursuant to this section,	1081
the funds shall be used to pay rewards only for tips and	1082
information to law enforcement agencies concerning felonies,	1083
offenses of violence, or misdemeanors that have been committed in	1084
the county from which the funds were received.	1085

(F) This section does not apply to the collection, storage,	1086
or disposal of abandoned junk motor vehicles. This section shall	1087
not be construed to rescind or restrict the authority of a	1088
municipal law enforcement agency to keep and dispose of lost,	1089
abandoned, stolen, seized, or forfeited property under an	1090
ordinance of the municipal corporation or under sections 737.29 to	1091
737.33 of the Revised Code, provided that, when a municipal	1092
corporation that has received notice as provided in division	1093
(E)(2) of this section disposes of property under an ordinance, it	1094
shall pay twenty-five per cent of the proceeds from any sale or	1095
auction to the citizens' reward program as provided under that	1096
division.	1097

(G) The receipt of funds by a citizens' reward program	1098
pursuant to division (E) of this section does not make it a	1099
governmental unit for purposes of section 149.43 of the Revised	1100
Code and does not subject it to the disclosure provisions of that	1101
section.	1102

(H) This section does not apply to the disposal of stolen or	1103
other property recovered by township law enforcement agencies	1104
pursuant to sections 505.105 to 505.109 of the Revised Code.	1105

(I)(1) Subject to divisions (D)(1) to (7) of this section,	1106
and otherwise notwithstanding the provisions of this section,	1107
personal property that is subject to this section and that is	1108
abandoned or relinquished by an inmate of a state correctional	1109
institution may be destroyed or used by order of the warden of the	1110
institution, if either of the following apply:	1111

(a) The value of the item is one hundred dollars or less,	1112
the state correctional institution has attempted to contact or	1113
identify the owner of the personal property, and those attempts	1114
have been unsuccessful.	1115

(b) The inmate who owns the personal property agrees in	1116
writing to the disposal of the personal property in question.	1117

(2) The department of rehabilitation and correction shall	1118
record the seizure and disposition of any personal property	1119
pursuant to division (I)(1) of this section, any attempts to	1120
contact or identify the owner of the personal property pursuant to	1121
division (I)(1)(a) of this section, and any agreement made	1122
pursuant to division (I)(1)(b) of this section.	1123

(J) For purposes of this section, "law enforcement agency"	1124
includes correctional institutions, and "citizens' reward program"	1125
has the same meaning as in section 9.92 of the Revised Code. As	1126
used in division (H) of this section, "township law enforcement	1127
agencies" means an organized police department of a township, a	1128
township police district, a joint township police district, or the	1129
office of a township constable.	1130

Sec. 2951.03.  (A)(1) No person who has been convicted of or	1131
pleaded guilty to a felony shall be placed under a community	1132
control sanction until a written presentence investigation report	1133
has been considered by the court. If a court orders the	1134
preparation of a presentence investigation report pursuant to this	1135
section, section 2947.06 of the Revised Code, or Criminal Rule	1136
32.2, the officer making the report shall inquire into the	1137
circumstances of the offense and the criminal record, social	1138
history, and present condition of the defendant, all information	1139
available regarding any prior adjudications of the defendant as a	1140
delinquent child and regarding the dispositions made relative to	1141
those adjudications, and any other matters specified in Criminal	1142
Rule 32.2. Whenever the officer considers it advisable, the	1143
officer's investigation may include a physical and mental	1144
examination of the defendant. A physical examination of the	1145
defendant may include a drug test consisting of a chemical	1146
analysis of a blood or urine specimen of the defendant to	1147
determine whether the defendant ingested or was injected with a	1148
drug of abuse. If, pursuant to section 2930.13 of the Revised	1149
Code, the victim of the offense of which the defendant has been	1150
convicted wishes to make a statement regarding the impact of the	1151
offense for the officer's use in preparing the presentence	1152
investigation report, the officer shall comply with the	1153
requirements of that section.	1154

(2) If a defendant is committed to any institution, the	1155
presentence investigation report shall be sent to the institution	1156
with the entry of commitment. If a defendant is committed to any	1157
institution and a presentence investigation report is not prepared	1158
regarding that defendant pursuant to this section, section 2947.06	1159
of the Revised Code, or Criminal Rule 32.2, the director of the	1160
department of rehabilitation and correction or the director's	1161
designee may order that an offender background investigation and	1162
report be conducted and prepared regarding the defendant pursuant	1163
to section 5120.16 of the Revised Code. An offender background	1164
investigation report prepared pursuant to this section shall be	1165
considered confidential information and is not a public record	1166
under section 149.43 of the Revised Code.	1167

(3) The department of rehabilitation and correction may use	1168
any presentence investigation report and any offender background	1169
investigation report prepared pursuant to this section for	1170
penological and rehabilitative purposes. The department may	1171
disclose any presentence investigation report and any offender	1172
background investigation report to courts, law enforcement	1173
agencies, community-based correctional facilities, halfway houses,	1174
and medical, mental health, and substance abuse treatment	1175
providers. The department shall make the disclosure in a manner	1176
calculated to maintain the report's confidentiality. Any	1177
presentence investigation report or offender background	1178
investigation report that the department discloses to a	1179
community-based correctional facility, a halfway house, or a	1180
medical, mental health, or substance abuse treatment provider	1181
shall not include a victim impact section or information	1182
identifying a witness.	1183

(B)(1) If a presentence investigation report is prepared	1184
pursuant to this section, section 2947.06 of the Revised Code, or	1185
Criminal Rule 32.2, the court, at a reasonable time before	1186
imposing sentence, shall permit the defendant or the defendant's	1187
counsel to read the report, except that the court shall not permit	1188
the defendant or the defendant's counsel to read any of the	1189
following:	1190

(a) Any recommendation as to sentence;

1191

(b) Any diagnostic opinions that, if disclosed, the court	1192
believes might seriously disrupt a program of rehabilitation for	1193
the defendant;	1194

(c) Any sources of information obtained upon a promise of	1195
confidentiality;	1196

(d) Any other information that, if disclosed, the court	1197
believes might result in physical harm or some other type of harm	1198
to the defendant or to any other person.	1199

(2) Prior to sentencing, the court shall permit the	1200
defendant and the defendant's counsel to comment on the	1201
presentence investigation report and, in its discretion, may	1202
permit the defendant and the defendant's counsel to introduce	1203
testimony or other information that relates to any alleged factual	1204
inaccuracy contained in the report.	1205

(3) If the court believes that any information in the	1206
presentence investigation report should not be disclosed pursuant	1207
to division (B)(1) of this section, the court, in lieu of making	1208
the report or any part of the report available, shall state orally	1209
or in writing a summary of the factual information contained in	1210
the report that will be relied upon in determining the defendant's	1211
sentence. The court shall permit the defendant and the	1212
defendant's counsel to comment upon the oral or written summary of	1213
the report.	1214

(4) Any material that is disclosed to the defendant or the	1215
defendant's counsel pursuant to this section shall be disclosed to	1216
the prosecutor who is handling the prosecution of the case against	1217
the defendant.	1218

(5) If the comments of the defendant or the defendant's	1219
counsel, the testimony they introduce, or any of the other	1220
information they introduce alleges any factual inaccuracy in the	1221
presentence investigation report or the summary of the report, the	1222
court shall do either of the following with respect to each	1223
alleged factual inaccuracy:	1224

(a) Make a finding as to the allegation;

1225

(b) Make a determination that no finding is necessary with	1226
respect to the allegation, because the factual matter will not be	1227
taken into account in the sentencing of the defendant.	1228

(C) A court's decision as to the content of a summary under	1229
division (B)(3) of this section or as to the withholding of	1230
information under division (B)(1)(a), (b), (c), or (d) of this	1231
section shall be considered to be within the discretion of the	1232
court. No appeal can be taken from either of those decisions, and	1233
neither of those decisions shall be the basis for a reversal of	1234
the sentence imposed.	1235

(D)(1) The contents of a presentence investigation report	1236
prepared pursuant to this section, section 2947.06 of the Revised	1237
Code, or Criminal Rule 32.2 and the contents of any written or	1238
oral summary of a presentence investigation report or of a part of	1239
a presentence investigation report described in division (B)(3) of	1240
this section are confidential information and are not a public	1241
record. The court, an appellate court, authorized probation	1242
officers, investigators, and court personnel, the defendant, the	1243
defendant's counsel, the prosecutor who is handling the	1244
prosecution of the case against the defendant, and authorized	1245
personnel of an institution to which the defendant is committed	1246
may inspect, receive copies of, retain copies of, and use a	1247
presentence investigation report or a written or oral summary of a	1248
presentence investigation only for the purposes of or only as	1249
authorized by Criminal Rule 32.2 or this section, division (F)(1)	1250
of section 2953.08, section 2947.06, or another section of the	1251
Revised Code.	1252

(2) Immediately following the imposition of sentence upon	1253
the defendant, the defendant or the defendant's counsel and the	1254
prosecutor shall return to the court all copies of a presentence	1255
investigation report and of any written summary of a presentence	1256
investigation report or part of a presentence investigation report	1257
that the court made available to the defendant or the defendant's	1258
counsel and to the prosecutor pursuant to this section. The	1259
defendant or the defendant's counsel and the prosecutor shall not	1260
make any copies of the presentence investigation report or of any	1261
written summary of a presentence investigation report or part of a	1262
presentence investigation report that the court made available to	1263
them pursuant to this section.	1264

(3) Except when a presentence investigation report or a	1265
written or oral summary of a presentence investigation report is	1266
being used for the purposes of or as authorized by Criminal Rule	1267
32.2 or this section, division (F)(1) of section 2953.08, section	1268
2947.06, or another section of the Revised Code, the court or	1269
other authorized holder of the report or summary shall retain the	1270
report or summary under seal.	1271

(E) In inquiring into the information available regarding any	1272
prior adjudications of the defendant as a delinquent child and	1273
regarding the dispositions made relative to those adjudications,	1274
the officer making the report shall consider all information that	1275
is relevant, including, but not limited to, the materials	1276
described in division (B) of section 2151.14, division (C)(3) of	1277
section 2152.18, division (D)(3) of section 2152.19, and division	1278
(E) of section 2152.71 of the Revised Code.	1279

(F) As used in this section:

1280

(1) "Prosecutor" has the same meaning as in section 2935.01	1281
of the Revised Code.	1282

(2) "Community control sanction" has the same meaning as in	1283
section 2929.01 of the Revised Code.	1284

(3) "Public record" has the same meaning as in section	1285
149.43 of the Revised Code.	1286

Sec. 2967.14.  (A) The adult parole authority may require a	1287
parolee or releasee to reside in a halfway house or other suitable	1288
community residential center that has been licensed by the	1289
division of parole and community services pursuant to division (C)	1290
of this section during a part or for the entire period of the	1291
parolee's conditional release or of the releasee's term of	1292
post-release control. The court of common pleas that placed an	1293
offender under a sanction consisting of a term in a halfway house	1294
or in an alternative residential sanction may require the offender	1295
to reside in a halfway house or other suitable community	1296
residential center that is designated by the court and that has	1297
been licensed by the division pursuant to division (C) of this	1298
section during a part or for the entire period of the offender's	1299
residential sanction.	1300

(B) The division of parole and community services may	1301
negotiate and enter into agreements with any public or private	1302
agency or a department or political subdivision of the state that	1303
operates a halfway house or community residential center that has	1304
been licensed by the division pursuant to division (C) of this	1305
section. An agreement under this division shall provide for	1306
housing, supervision, and other services that are required for	1307
persons who have been assigned to a halfway house or community	1308
residential center, including parolees, releasees, persons placed	1309
under a residential sanction, persons under transitional control,	1310
and other eligible offendersthe purchase of beds, shall set	1311
limits of supervision and levels of occupancy, and shall determine	1312
the scope of services for all eligible offenders, including those	1313
subject to a residential sanction, as defined in rules adopted by	1314
the director of rehabilitation and correction in accordance with	1315
Chapter 119. of the Revised Code. An agreement under this division	1316
shall provide for per diem payments to the agency, department, or	1317
political subdivision on behalf of each parolee and releasee	1318
assigned to and each person placed under a residential sanction in	1319
a halfway house or community residential center that is operated	1320
by the agency, department, or political subdivision and that has	1321
been licensed by the division. The per diem payments for beds and	1322
services shall be equal to the halfway house's or community	1323
residential center's average daily per capita costs with its	1324
facility at full occupancy. The per diem payments for beds and	1325
services shall not exceed the total operating costs of the halfway	1326
house or community residential center during the term of an	1327
agreement. The director of rehabilitation and correction shall	1328
adopt rules in accordance with Chapter 119. of the Revised Code	1329
for determining includable and excludable costs and income to be	1330
used in computing the agency's average daily per capita costs with	1331
its facility at full occupancy.	1332

The department of rehabilitation and correction may use a	1333
portionno more than ten per cent of the amount appropriated to	1334
the department each fiscal year for the halfway house and	1335
community residential center program to pay for contracts for	1336
nonresidential services for offenders under the supervision of the	1337
adult parole authority. The nonresidential services may include,	1338
but are not limited to, treatment for substance abuse, mental	1339
health counseling, and counseling for sex offenders.	1340

(C) The division of parole and community services may	1341
license a halfway house or community residential center as a	1342
suitable facility for the care and treatment of adult offenders	1343
only if the halfway house or community residential center complies	1344
with the standards that the division adopts in accordance with	1345
Chapter 119. of the Revised Code for the licensure of halfway	1346
houses and community residential centers. The division shall	1347
annually inspect each licensed halfway house and licensed	1348
community residential center to determine if it is in compliance	1349
with the licensure standards.	1350

Sec. 2967.26.  (A)(1) The department of rehabilitation and	1351
correction, by rule, may establish a transitional control program	1352
for the purpose of closely monitoring a prisoner's adjustment to	1353
community supervision during the final one hundred eighty days of	1354
the prisoner's confinement. If the department establishes a	1355
transitional control program under this division, the adult parole	1356
authority may transfer eligible prisoners to transitional control	1357
status under the program during the final one hundred eighty days	1358
of their confinement and under the terms and conditions	1359
established by the department, shall provide for the confinement	1360
as provided in this division of each eligible prisoner so	1361
transferred, and shall supervise each eligible prisoner so	1362
transferred in one or more community control sanctions. Each	1363
eligible prisoner who is transferred to transitional control	1364
status under the program shall be confined in a suitable facility	1365
that is licensed pursuant to division (C) of section 2967.14 of	1366
the Revised Code, or shall be confined in a residence the	1367
department has approved for this purpose and be monitored pursuant	1368
to an electronic monitoring device, as defined in section 2929.23	1369
of the Revised Code. If the department establishes a transitional	1370
control program under this division, the rules establishing the	1371
program shall include criteria that define which prisoners are	1372
eligible for the program, criteria that must be satisfied to be	1373
approved as a residence that may be used for confinement under the	1374
program of a prisoner that is transferred to it and procedures for	1375
the department to approve residences that satisfy those criteria,	1376
and provisions of the type described in division (C) of this	1377
section. At a minimum, the criteria that define which prisoners	1378
are eligible for the program shall provide all of the following:	1379

(a) That a prisoner is eligible for the program if the	1380
prisoner is serving a prison term or term of imprisonment for an	1381
offense committed prior to the effective date of this amendment	1382
March 17, 1998, and if, at the time at which eligibility is being	1383
determined, the prisoner would have been eligible for a furlough	1384
under this section as it existed immediately prior to the	1385
effective date of this amendmentMarch 17, 1998, or would have	1386
been eligible for conditional release under former section 2967.23	1387
of the Revised Code as that section existed immediately prior to	1388
the effective date of this amendmentMarch 17, 1998;	1389

(b) That no prisoner who is serving a mandatory prison term	1390
is eligible for the program until after expiration of the	1391
mandatory term;	1392

(c) That no prisoner who is serving a prison term or term of	1393
life imprisonment without parole imposed pursuant to section	1394
2971.03 of the Revised Code is eligible for the program.	1395

(2) At least three weeks prior to transferring to	1396
transitional control under this section a prisoner who is serving	1397
a term of imprisonment or prison term for an offense committed on	1398
or after July 1, 1996, the adult parole authority shall give	1399
notice of the pendency of the transfer to transitional control to	1400
the court of common pleas of the county in which the indictment	1401
against the prisoner was found and of the fact that the court may	1402
disapprove the transfer of the prisoner to transitional control	1403
and shall include a report prepared by the head of the state	1404
correctional institution in which the prisoner is confined. The	1405
head of the state correctional institution in which the prisoner	1406
is confined, upon the request of the adult parole authority, shall	1407
provide to the authority for inclusion in the notice sent to the	1408
court under this division a report on the prisoner's conduct in	1409
the institution and in any institution from which the prisoner may	1410
have been transferred. The report shall cover the prisoner's	1411
participation in school, vocational training, work, treatment, and	1412
other rehabilitative activities and any disciplinary action taken	1413
against the prisoner. If the court disapproves of the transfer of	1414
the prisoner to transitional control, the court shall notify the	1415
authority of the disapproval within thirty days after receipt of	1416
the notice. If the court timely disapproves the transfer of the	1417
prisoner to transitional control, the authority shall not proceed	1418
with the transfer. If the court does not timely disapprove the	1419
transfer of the prisoner to transitional control, the authority	1420
may transfer the prisoner to transitional control.	1421

(3) If the victim of an offense for which a prisoner was	1422
sentenced to a prison term or term of imprisonment has requested	1423
notification under section 2930.16 of the Revised Code and has	1424
provided the department of rehabilitation and correction with the	1425
victim's name and address, the adult parole authority, at least	1426
three weeks prior to transferring the prisoner to transitional	1427
control pursuant to this section, shall notify the victim of the	1428
pendency of the transfer and of the victim's right to submit a	1429
statement to the authority regarding the impact of the transfer of	1430
the prisoner to transitional control. If the victim subsequently	1431
submits a statement of that nature to the authority, the authority	1432
shall consider the statement in deciding whether to transfer the	1433
prisoner to transitional control.	1434

(B) Each prisoner transferred to transitional control under	1435
this section shall be confined in the manner described in division	1436
(A) of this section during any period of time that the prisoner is	1437
not actually working at the prisoner's approved employment,	1438
engaged in a vocational training or another educational program,	1439
engaged in another program designated by the director, or engaged	1440
in other activities approved by the department.	1441

(C) The department of rehabilitation and correction shall	1442
adopt rules for transferring eligible prisoners to transitional	1443
control, supervising and confining prisoners so transferred,	1444
administering the transitional control program in accordance with	1445
this section, and using the moneys deposited into the transitional	1446
control fund established under division (E) of this section.	1447

(D) The department of rehabilitation and correction may	1448
adopt rules for the issuance of passes for the limited purposes	1449
described in this division to prisoners who are transferred to	1450
transitional control under this section. If the department adopts	1451
rules of that nature, the rules shall govern the granting of the	1452
passes and shall provide for the supervision of prisoners who are	1453
temporarily released pursuant to one of those passes. Upon the	1454
adoption of rules under this division, the department may issue	1455
passes to prisoners who are transferred to transitional control	1456
status under this section in accordance with the rules and the	1457
provisions of this division. All passes issued under this	1458
division shall be for a maximum of forty-eight hours and may be	1459
issued only for the following purposes:	1460

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

1461

(2) To attend the funeral of ahave a private viewing of the	1462
body of a deceased relative;	1463

(3) To visit with family;

1464

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

1465

(E) The adult parole authority may require a prisoner who is	1466
transferred to transitional control to pay to the division of	1467
parole and community services the reasonable expenses incurred by	1468
the division in supervising or confining the prisoner while under	1469
transitional control. Inability to pay those reasonable expenses	1470
shall not be grounds for refusing to transfer an otherwise	1471
eligible prisoner to transitional control. Amounts received by	1472
the division of parole and community services under this division	1473
shall be deposited into the transitional control fund, which is	1474
hereby created in the state treasury and which hereby replaces and	1475
succeeds the furlough services fund that formerly existed in the	1476
state treasury. All moneys that remain in the furlough services	1477
fund on the effective date of this amendmentMarch 17, 1998, shall	1478
be transferred on that date to the transitional control fund. The	1479
transitional control fund shall be used solely to pay costs	1480
related to the operation of the transitional control program	1481
established under this section. The director of rehabilitation	1482
and correction shall adopt rules in accordance with section 111.15	1483
of the Revised Code for the use of the fund.	1484

(F) A prisoner who violates any rule established by the	1485
department of rehabilitation and correction under division (A),	1486
(C), or (D) of this section may be transferred to a state	1487
correctional institution pursuant to rules adopted under division	1488
(A), (C), or (D) of this section, but the prisoner shall receive	1489
credit towards completing the prisoner's sentence for the time	1490
spent under transitional control.	1491

If a prisoner is transferred to transitional control under	1492
this section, upon successful completion of the period of	1493
transitional control, the prisoner may be released on parole or	1494
under post-release control pursuant to section 2967.13 or 2967.28	1495
of the Revised Code and rules adopted by the department of	1496
rehabilitation and correction. If the prisoner is released under	1497
post-release control, the duration of the post-release control,	1498
the type of post-release control sanctions that may be imposed,	1499
the enforcement of the sanctions, and the treatment of prisoners	1500
who violate any sanction applicable to the prisoner are governed	1501
by section 2967.28 of the Revised Code.	1502

Sec. 2967.27.  (A)(1) The department of rehabilitation and	1503
correction may grant escorted visits to prisoners confined in any	1504
state correctional facility for the limited purpose of visiting a	1505
dying relative in imminent danger of death or attending the	1506
funeral of ahaving a private viewing of the body of a deceased	1507
relative.	1508

(2) Prior to granting any prisoner an escorted visit for the	1509
limited purpose of visiting a dying relative in imminent danger of	1510
death or attending the funeral of ahaving a private viewing of	1511
the body of a deceased relative under this section, the department	1512
shall notify its office of victims' services so that the office	1513
may provide assistance to any victim or victims of the offense	1514
committed by the prisoner and to members of the family of the	1515
victim.	1516

(B) The department of rehabilitation and correction shall	1517
adopt rules for the granting of escorted visits under this section	1518
and for supervising prisoners on an escorted visit.	1519

(C) No prisoner shall be granted an escorted visit under	1520
this section if the prisoner is likely to pose a threat to the	1521
public safety or has a record of more than two felony commitments	1522
(including the present charge), not more than one of which may be	1523
for a crime of an assaultive nature.	1524

(D) The procedure for granting an escorted visit under this	1525
section is separate from, and independent of, the transitional	1526
control program described in section 2967.26 of the Revised Code.	1527

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

1528

(1) "Monitored time" means the monitored time sanction	1529
specified in section 2929.17 of the Revised Code.	1530

(2) "Deadly weapon" and "dangerous ordnance" have the same	1531
meanings as in section 2923.11 of the Revised Code.	1532

(3) "Felony sex offense" means a violation of a section	1533
contained in Chapter 2907. of the Revised Code that is a felony.	1534

(B) Each sentence to a prison term for a felony of the first	1535
degree, for a felony of the second degree, for a felony sex	1536
offense, or for a felony of the third degree that is not a felony	1537
sex offense and in the commission of which the offender caused or	1538
threatened to cause physical harm to a person shall include a	1539
requirement that the offender be subject to a period of	1540
post-release control imposed by the parole board after the	1541
offender's release from imprisonment. Unless reduced by the	1542
parole board pursuant to division (D) of this section when	1543
authorized under that division, a period of post-release control	1544
required by this division for an offender shall be of one of the	1545
following periods:	1546

(1) For a felony of the first degree or for a felony sex	1547
offense, five years;	1548

(2) For a felony of the second degree that is not a felony	1549
sex offense, three years;	1550

(3) For a felony of the third degree that is not a felony	1551
sex offense and in the commission of which the offender caused or	1552
threatened physical harm to a person, three years.	1553

(C) Any sentence to a prison term for a felony of the third,	1554
fourth, or fifth degree that is not subject to division (B)(1) or	1555
(3) of this section shall include a requirement that the offender	1556
be subject to a period of post-release control of up to three	1557
years after the offender's release from imprisonment, if the	1558
parole board, in accordance with division (D) of this section,	1559
determines that a period of post-release control is necessary for	1560
that offender.	1561

(D)(1) Before the prisoner is released from imprisonment,	1562
the parole board shall impose upon a prisoner described in	1563
division (B) of this section, may impose upon a prisoner described	1564
in division (C) of this section, and shall impose upon a prisoner	1565
described in division (B)(2)(b) of section 5120.031 or in division	1566
(B)(1) of section 5120.032 of the Revised Code, one or more	1567
post-release control sanctions to apply during the prisoner's	1568
period of post-release control. Whenever the board imposes one or	1569
more post-release control sanctions upon a prisoner, the board, in	1570
addition to imposing the sanctions, also shall include as a	1571
condition of the post-release control that the individual or felon	1572
not leave the state without permission of the court or the	1573
individual's or felon's parole or probation officer and that the	1574
individual or felon abide by the law. The board may impose any	1575
other conditions of release under a post-release control sanction	1576
that the board considers appropriate, and the conditions of	1577
release may include any community residential sanction, community	1578
nonresidential sanction, or financial sanction that the sentencing	1579
court was authorized to impose pursuant to sections 2929.16,	1580
2929.17, and 2929.18 of the Revised Code. Prior to the release of	1581
a prisoner for whom it will impose one or more post-release	1582
control sanctions under this division, the parole board shall	1583
review the prisoner's criminal history, all juvenile court	1584
adjudications finding the prisoner, while a juvenile, to be a	1585
delinquent child, and the record of the prisoner's conduct while	1586
imprisoned. The parole board shall consider any recommendation	1587
regarding post-release control sanctions for the prisoner made by	1588
the office of victims' services. After considering those	1589
materials, the board shall determine, for a prisoner described in	1590
division (B) of this section, division (B)(2)(b) of section	1591
5120.031, or division (B)(1) of section 5120.032 of the Revised	1592
Code, which post-release control sanction or combination of	1593
post-release control sanctions is reasonable under the	1594
circumstances or, for a prisoner described in division (C) of this	1595
section, whether a post-release control sanction is necessary and,	1596
if so, which post-release control sanction or combination of	1597
post-release control sanctions is reasonable under the	1598
circumstances. In the case of a prisoner convicted of a felony of	1599
the fourth or fifth degree other than a felony sex offense, the	1600
board shall presume that monitored time is the appropriate	1601
post-release control sanction unless the board determines that a	1602
more restrictive sanction is warranted. A post-release control	1603
sanction imposed under this division takes effect upon the	1604
prisoner's release from imprisonment.	1605

(2) At any time after a prisoner is released from	1606
imprisonment and during the period of post-release control	1607
applicable to the releasee, the adult parole authority may review	1608
the releasee's behavior under the post-release control sanctions	1609
imposed upon the releasee under this section. The authority may	1610
determine, based upon the review and in accordance with the	1611
standards established under division (E) of this section, that a	1612
more restrictive or a less restrictive sanction is appropriate and	1613
may impose a different sanction. Unless the period of	1614
post-release control was imposed for an offense described in	1615
division (B)(1) of this section, the authority also may recommend	1616
that the parole board reduce the duration of the period of	1617
post-release control imposed by the court. If the authority	1618
recommends that the board reduce the duration of control for an	1619
offense described in division (B)(2), (B)(3), or (C) of this	1620
section, the board shall review the releasee's behavior and may	1621
reduce the duration of the period of control imposed by the court.	1622
In no case shall the board reduce the duration of the period of	1623
control imposed by the court for an offense described in division	1624
(B)(1) of this section, and in no case shall the board permit the	1625
releasee to leave the state without permission of the court or the	1626
releasee's parole or probation officer.	1627

(E) The department of rehabilitation and correction, in	1628
accordance with Chapter 119. of the Revised Code, shall adopt	1629
rules that do all of the following:	1630

(1) Establish standards for the imposition by the parole	1631
board of post-release control sanctions under this section that	1632
are consistent with the overriding purposes and sentencing	1633
principles set forth in section 2929.11 of the Revised Code and	1634
that are appropriate to the needs of releasees;	1635

(2) Establish standards by which the parole board can	1636
determine which prisoners described in division (C) of this	1637
section should be placed under a period of post-release control;	1638

(3) Establish standards to be used by the parole board in	1639
reducing the duration of the period of post-release control	1640
imposed by the court when authorized under division (D) of this	1641
section, in imposing a more restrictive post-release control	1642
sanction than monitored time upon a prisoner convicted of a felony	1643
of the fourth or fifth degree other than a felony sex offense, or	1644
in imposing a less restrictive control sanction upon a releasee	1645
based on the releasee's activities including, but not limited to,	1646
remaining free from criminal activity and from the abuse of	1647
alcohol or other drugs, successfully participating in approved	1648
rehabilitation programs, maintaining employment, and paying	1649
restitution to the victim or meeting the terms of other financial	1650
sanctions;	1651

(4) Establish standards to be used by the adult parole	1652
authority in modifying a releasee's post-release control sanctions	1653
pursuant to division (D)(2) of this section;	1654

(5) Establish standards to be used by the adult parole	1655
authority or parole board in imposing further sanctions under	1656
division (F) of this section on releasees who violate post-release	1657
control sanctions, including standards that do the following:	1658

(a) Classify violations according to the degree of	1659
seriousness;	1660

(b) Define the circumstances under which formal action by	1661
the parole board is warranted;	1662

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

1663

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

1664

(e) Prescribe nonresidential community control sanctions for	1665
most misdemeanor and technical violations;	1666

(f) Provide procedures for the return of a releasee to	1667
imprisonment for violations of post-release control.	1668

(F)(1) If a post-release control sanction is imposed upon an	1669
offender under this section, the offender upon release from	1670
imprisonment shall be under the general jurisdiction of the adult	1671
parole authority and generally shall be supervised by the parole	1672
supervisionfield services section through its staff of parole and	1673
field officers as described in section 5149.04 of the Revised	1674
Code, as if the offender had been placed on parole. If the	1675
offender upon release from imprisonment violates the post-release	1676
control sanction or any conditions described in division (A) of	1677
section 2967.131 of the Revised Code that are imposed on the	1678
offender, the public or private person or entity that operates or	1679
administers the sanction or the program or activity that comprises	1680
the sanction shall report the violation directly to the adult	1681
parole authority or to the officer of the authority who supervises	1682
the offender. The authority's officers may treat the offender as	1683
if the offender were on parole and in violation of the parole, and	1684
otherwise shall comply with this section.	1685

(2) If the adult parole authority determines that a releasee	1686
has violated a post-release control sanction or any conditions	1687
described in division (A) of section 2967.131 of the Revised Code	1688
imposed upon the releasee and that a more restrictive sanction is	1689
appropriate, the authority may impose a more restrictive sanction	1690
upon the releasee, in accordance with the standards established	1691
under division (E) of this section, or may report the violation to	1692
the parole board for a hearing pursuant to division (F)(3) of this	1693
section. The authority may not, pursuant to this division,	1694
increase the duration of the releasee's post-release control or	1695
impose as a post-release control sanction a residential sanction	1696
that includes a prison term, but the authority may impose on the	1697
releasee any other residential sanction, nonresidential sanction,	1698
or financial sanction that the sentencing court was authorized to	1699
impose pursuant to sections 2929.16, 2929.17, and 2929.18 of the	1700
Revised Code.	1701

(3) The parole board may hold a hearing on any alleged	1702
violation by a releasee of a post-release control sanction or any	1703
conditions described in division (A) of section 2967.131 of the	1704
Revised Code that are imposed upon the releasee. If after the	1705
hearing the board finds that the releasee violated the sanction or	1706
condition, the board may increase the duration of the releasee's	1707
post-release control up to the maximum duration authorized by	1708
division (B) or (C) of this section or impose a more restrictive	1709
post-release control sanction. When appropriate, the board may	1710
impose as a post-release control sanction a residential sanction	1711
that includes a prison term. The board shall consider a prison	1712
term as a post-release control sanction imposed for a violation of	1713
post-release control when the violation involves a deadly weapon	1714
or dangerous ordnance, physical harm or attempted serious physical	1715
harm to a person, or sexual misconduct, or when the releasee	1716
committed repeated violations of post-release control sanctions.	1717
The period of a prison term that is imposed as a post-release	1718
control sanction under this division shall not exceed nine months,	1719
and the maximum cumulative prison term for all violations under	1720
this division shall not exceed one-half of the stated prison term	1721
originally imposed upon the offender as part of this sentence. The	1722
period of a prison term that is imposed as a post-release control	1723
sanction under this division shall not count as, or be credited	1724
toward, the remaining period of post-release control.	1725

If an offender is imprisoned for a felony committed while	1726
under post-release control supervision and is again released on	1727
post-release control for a period of time determined by division	1728
(F)(4)(d) of this section, the maximum cumulative prison term for	1729
all violations under this division shall not exceed one-half of	1730
the total stated prison terms of the earlier felony, reduced by	1731
any prison term administratively imposed by the parole board, plus	1732
one-half of the total stated prison term of the new felony.	1733

(4) Any period of post-release control shall commence upon an	1734
offender's actual release from prison. If an offender is serving	1735
an indefinite prison term or a life sentence in addition to a	1736
stated prison term, the offender shall serve the period of	1737
post-release control in the following manner:	1738

(a) If a period of post-release control is imposed upon the	1739
offender and if the offender also is subject to a period of parole	1740
under a life sentence or an indefinite sentence, and if the period	1741
of post-release control ends prior to the period of parole, the	1742
offender shall be supervised on parole. The offender shall	1743
receive credit for post-release control supervision during the	1744
period of parole. The offender is not eligible for final release	1745
under section 2967.16 of the Revised Code until the post-release	1746
control period otherwise would have ended.	1747

(b) If a period of post-release control is imposed upon the	1748
offender and if the offender also is subject to a period of parole	1749
under an indefinite sentence, and if the period of parole ends	1750
prior to the period of post-release control, the offender shall be	1751
supervised on post-release control. The requirements of parole	1752
supervision shall be satisfied during the post-release control	1753
period.	1754

(c) If an offender is subject to more than one period of	1755
post-release control, the period of post-release control for all	1756
of the sentences shall be the period of post-release control that	1757
expires last, as determined by the parole board. Periods of	1758
post-release control shall be served concurrently and shall not be	1759
imposed consecutively to each other.	1760

(d) The period of post-release control for a releasee who	1761
commits a felony while under post-release control for an earlier	1762
felony shall be the longer of the period of post-release control	1763
specified for the new felony under division (B) or (C) of this	1764
section or the time remaining under the period of post-release	1765
control imposed for the earlier felony as determined by the parole	1766
board.	1767

Sec. 5120.01.  The director of rehabilitation and correction	1768
is the executive head of the department of rehabilitation and	1769
correction. All duties conferred on the various divisions and	1770
institutions of the department by law or by order of the director	1771
shall be performed under suchthe rules and regulations as hethat	1772
the director prescribes, and shall be under histhe director's	1773
control. TheInmates committed to the department of rehabilitation	1774
and correction shall be under the legal custody of the director or	1775
the director's designee, and the director or the director's	1776
designee shall have power to control transfers of inmates between	1777
the several state institutions included under section 5120.05 of	1778
the Revised Code.	1779

Sec. 5120.173. Any person who is required to report suspected	1780
abuse or neglect of a child under eighteen years of age pursuant	1781
to division (A) of section 2151.421 of the Revised Code, and any	1782
person who is permitted to report or cause a report to be made of	1783
suspected abuse or neglect of a child under eighteen years of age	1784
pursuant to division (B) of that section and who makes or causes	1785
the report to be made, shall direct that report to the state	1786
highway patrol if the child is an inmate in the custody of a state	1787
correctional institution. If the state highway patrol determines	1788
after receipt of the report that it is probable that abuse or	1789
neglect of the inmate occurred, the patrol shall report its	1790
findings to the department of rehabilitation and correction, to	1791
the court that sentenced the inmate for the offense for which the	1792
inmate is in the custody of the department, and to the chairman	1793
and vice-chairman of the correctional institution inspection	1794
committee established by section 103.71 of the Revised Code.	1795

Sec. 5120.21.  (A) The department of rehabilitation and	1796
correction shall keep in its office, accessible only to its	1797
employees, except by the consent of the department or the order of	1798
the judge of a court of record, and except as provided in division	1799
(C) of this section, a record showing the name, residence, sex,	1800
age, nativity, occupation, condition, and date of entrance or	1801
commitment of every inmate in the several institutions governed by	1802
it. The record also shall include the date, cause, and terms of	1803
discharge and the condition of such person at the time of leaving,	1804
a record of all transfers from one institution to another, and, if	1805
such inmate is dead, the date and cause of death. These and other	1806
facts that the department requires shall be furnished by the	1807
managing officer of each institution within ten days after the	1808
commitment, entrance, death, or discharge of an inmate.	1809

(B) In case of an accident or injury or peculiar death of an	1810
inmate, the managing officer shall make a special report to the	1811
department within twenty-four hours thereafter, giving the	1812
circumstances as fully as possible.	1813

(C)(1) As used in this division, "medical record" means any	1814
document or combination of documents that pertains to the medical	1815
history, diagnosis, prognosis, or medical condition of a patient	1816
and that is generated and maintained in the process of medical	1817
treatment.	1818

(2) A separate medical record of every inmate in an	1819
institution governed by the department shall be compiled,	1820
maintained, and kept apart from and independently of any other	1821
record pertaining to the inmate. Upon the signed written request	1822
of the inmate to whom the record pertains together with the	1823
written request of either a licensed attorney at law or a licensed	1824
physician designated by the inmate, the department shall make the	1825
inmate's medical record available to the designated attorney or	1826
physician. The record may be inspected or copied by the inmate's	1827
designated attorney or physician. The department may establish a	1828
reasonable fee for the copying of any medical record. If a	1829
physician concludes that presentation of all or any part of the	1830
medical record directly to the inmate will result in serious	1831
medical harm to the inmate, the physician shall so indicate on the	1832
medical record. An inmate's medical record shall be made	1833
available to a physician or to an attorney designated in writing	1834
by the inmate not more than once every twelve months.	1835

(D) Except as otherwise provided by a law of this state or	1836
the United States, the department and the officers of its	1837
institutions shall keep confidential and accessible only to its	1838
employees, except by the consent of the department or the order of	1839
a judge of a court of record, all of the following:	1840

(1) Architectural, engineering, or construction diagrams,	1841
drawings, or plans of a correctional institution;	1842

(2) Plans for hostage negotiation, for disturbance control,	1843
for the control and location of keys, and for dealing with	1844
escapes;	1845

(3) Statements made by inmate informants;

1846

(4) Records that are maintained by the department of youth	1847
services, that pertain to children in its custody, and that are	1848
released to the department of rehabilitation and correction by the	1849
department of youth services pursuant to section 5139.05 of the	1850
Revised Code;	1851

(5) Victim impact statements and information provided by	1852
victims of crimes that the department considers when determining	1853
the security level assignment, program participation, and release	1854
eligibility of inmates;	1855

(6) Information and data of any kind or medium pertaining to	1856
groups that pose a security threat;	1857

(7) Conversations recorded from the monitored inmate	1858
telephones that involve nonprivileged communications.	1859

(E) Except as otherwise provided by a law of this state or	1860
the United States, the department of rehabilitation and correction	1861
may release inmate records to the department of youth services or	1862
a court of record, and the department of youth services or the	1863
court of record may use those records for the limited purpose of	1864
carrying out the duties of the department of youth services or the	1865
court of record. Inmate records released by the department of	1866
rehabilitation and correction to the department of youth services	1867
or a court of record shall remain confidential and shall not be	1868
considered public records as defined in section 149.43 of the	1869
Revised Code.	1870

(F) Except as otherwise provided in division (C) of this	1871
section, records of inmates committed to the department of	1872
rehabilitation and correction as well as records of persons under	1873
the supervision of the adult parole authority shall not be	1874
considered public records as defined in section 149.43 of the	1875
Revised Code.	1876

Sec. 5120.30.  The department of rehabilitation and	1877
correction may make suchany investigations asthat are necessary	1878
in the performance of its duties, and to that end the director of	1879
rehabilitation and correction shall have the same power as a judge	1880
of a county court to administer oaths and to enforce the	1881
attendance and testimony of witnesses and the production of books	1882
or papers.	1883

The department shall keep a record of suchthe investigations	1884
stating the time, place, charges or subject, witnesses summoned	1885
and examined, and its conclusionspursuant to the record retention	1886
schedule approved by the department of administrative services.	1887

In matters involving the conduct of an officer, a	1888
stenographic report of the evidence shall be taken and a copy of	1889
such report, with all documents introduced, kept on file at the	1890
office of the department.	1891

The fees of witnesses for attendance and travel shall be the	1892
same as in the court of common pleas, but no officer or employee	1893
of the institution under investigation is entitled to such fees.	1894

Any judge of the probate court or of the court of common	1895
pleas, upon application of the department, may compel the	1896
attendance of witnesses, the production of books or papers, and	1897
the giving of testimony before the department, by a judgment for	1898
contempt or otherwise, in the same manner as in cases before said	1899
courts of common pleas.	1900

Sec. 5120.38.  Subject to the rules of the department of	1901
rehabilitation and correction, each institution under the	1902
department's jurisdiction other than an institution operated	1903
pursuant to a contract entered into under section 9.06 of the	1904
Revised Code shall be under the control of a managing officer	1905
known as a warden or other appropriate title. The managing	1906
officer shall be appointed by the director of the department of	1907
rehabilitation and correction and shall be in the unclassified	1908
service and serve at the pleasure of the director. Appointment to	1909
the position of managing officer shall be made from persons who	1910
have criminal justice experience.	1911

A person who is appointed to the position of managing officer	1912
from a position in the classified service shall retain the right	1913
to resume the status that the person held in the classified	1914
service immediately prior to the appointment. Upon being relieved	1915
of the person's duties as managing officer, the person shall be	1916
reinstated to the position in the classified service that the	1917
person held immediately prior to the appointment to the position	1918
of managing officer or to another position that the director, with	1919
approval of the state department of administrative services,	1920
certifies as being substantially equal to that prior position.	1921
Service as a managing officer shall be counted as service in the	1922
position in the classified service held by the person immediately	1923
preceding the person's appointment as managing officer. A person	1924
who is reinstated to a position in the classified service, as	1925
provided in this section, shall be entitled to all rights and	1926
emoluments accruing to the position during the time of the	1927
person's service as managing officer.	1928

The managing officer, under the director, shall have entire	1929
executive charge of the institution for which the managing officer	1930
is appointed. Subject to civil service rules and regulations, the	1931
managing officer shall appoint the necessary employees and the	1932
managing officer or the director may remove such employees for	1933
cause. A report of all appointments, resignations, and discharges	1934
shall be filed with the director at the close of each month.	1935

After conference with the managing officer of each	1936
institution, the director shall determine the number of employees	1937
to be appointed to the various institutions.	1938

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

1939

(1) "Body cavity search" means an inspection of the anal or	1940
vaginal cavity of a person that is conducted visually, manually,	1941
by means of any instrument, apparatus, or object, or in any other	1942
manner.	1943

(2) "Deadly weapon" and "dangerous ordnance" have the same	1944
meanings as in section 2923.11 of the Revised Code.	1945

(3) "Drug of abuse" has the same meaning as in section	1946
3719.011 of the Revised Code.	1947

(4) "Intoxicating liquor" has the same meaning as in section	1948
4301.01 of the Revised Code.	1949

(5) "Strip search" means an inspection of the genitalia,	1950
buttocks, breasts, or undergarments of a person that is preceded	1951
by the removal or rearrangement of some or all of the person's	1952
clothing that directly covers the person's genitalia, buttocks,	1953
breasts, or undergarments and that is conducted visually,	1954
manually, by means of any instrument, apparatus, or object, or in	1955
any other manner.	1956

(B) For purposes of determining whether visitors to an	1957
institution under the control of the department of rehabilitation	1958
and correction are knowingly conveying, or attempting to convey,	1959
onto the grounds of the institution any deadly weapon, dangerous	1960
ordnance, drug of abuse, or intoxicating liquor, or electronic	1961
communications device in violation of section 2921.36 of the	1962
Revised Code, the department may adopt rules, pursuant to Chapter	1963
119. of the Revised Code, that are consistent with this section.	1964

(C) For the purposes described in division (B) of this	1965
section, visitors who are entering or have entered an institution	1966
under the control of the department of rehabilitation and	1967
correction may be searched by the use of a magnetometer or similar	1968
device, by a pat-down of the visitor's person that is conducted by	1969
a person of the same sex as that of the visitor, and by an	1970
examination of the contents of pockets, bags, purses, packages,	1971
and other containers proposed to be conveyed or already conveyed	1972
onto the grounds of the institution. Searches of visitors	1973
authorized by this division may be conducted without cause, but	1974
shall be conducted uniformly or by automatic random selection.	1975
Discriminatory or arbitrary selection searches of visitors are	1976
prohibited under this division.	1977

(D) For the purposes described in division (B) of this	1978
section, visitors who are entering or have entered an institution	1979
under the control of the department of rehabilitation and	1980
correction may be searched by a strip or body cavity search, but	1981
only under the circumstances described in this division. In order	1982
for a strip or body cavity search to be conducted of a visitor,	1983
the highest officer present in the institution shall expressly	1984
authorize the search on the basis of a reasonable suspicion, based	1985
on specific objective facts and reasonable inferences drawn from	1986
those facts in the light of experience, that a visitor proposed to	1987
be so searched possesses, and intends to convey or already has	1988
conveyed, a deadly weapon, dangerous ordnance, drug of abuse, or	1989
intoxicating liquor, or electronic communications device onto the	1990
grounds of the institution in violation of section 2921.36 of the	1991
Revised Code.	1992

Except as otherwise provided in this division, prior to the	1993
conduct of the strip or body cavity search, the highest officer	1994
present in the institution shall cause the visitor to be provided	1995
with a written statement that sets forth the specific objective	1996
facts upon which the proposed search is based. In the case of an	1997
emergency under which time constraints make it impossible to	1998
prepare the written statement before the conduct of the proposed	1999
search, the highest officer in the institution instead shall cause	2000
the visitor to be orally informed of the specific objective facts	2001
upon which the proposed search is based prior to its conduct, and	2002
shall cause the preparation of the written statement and its	2003
provision to the visitor within twenty-four hours after the	2004
conduct of the search. Both the highest officer present in the	2005
institution and the visitor shall retain a copy of a written	2006
statement provided in accordance with this division.	2007

Any strip or body cavity search conducted pursuant to this	2008
division shall be conducted in a private setting by a person of	2009
the same sex as that of the visitor. Any body cavity search	2010
conducted under this division additionally shall be conducted by	2011
medical personnel.	2012

This division does not preclude, and shall not be construed	2013
as precluding, a less intrusive search as authorized by division	2014
(C) of this section when reasonable suspicion as described in this	2015
division exists for a strip or body cavity search.	2016

Sec. 5120.48. (A) If a prisoner escapes from a state	2017
correctional institution, the managing officer of the institution,	2018
after consultation with and upon the advice of appropriate law	2019
enforcement officials, shall assign and deploy into the community	2020
appropriate staff persons necessary to apprehend the prisoner.	2021
Correctional officers and officials may carry firearms when	2022
required in the discharge of their duties in apprehending, taking	2023
into custody, or transporting to a place of confinement a prisoner	2024
who has escaped from a state correctional institution.	2025

(B) If a prisoner is released from a state correctional	2026
institution prior to the lawful end of the person's prison term or	2027
term of imprisonment, whether by error, inadvertence, fraud, or	2028
any other cause except a lawful parole or judicial release granted	2029
pursuant to section 2929.20 of the Revised Code, the managing	2030
officer of the institution, after consulting with the bureau of	2031
sentence computation, shall notify the chief of the adult parole	2032
authority, the office of victim services of the division of parole	2033
and community services, and the sentencing court of the mistaken	2034
release. Upon the direction of the chief, or the chief's	2035
designee, field officers of the authority may arrest the prisoner	2036
without a warrant and return the prisoner to the state	2037
correctional institution to complete the balance of the prisoner's	2038
sentence. The chief of the adult parole authority, or the chief's	2039
designee, may require the assistance of any peace officer or law	2040
enforcement officer in the apprehension of a prisoner of that	2041
nature.	2042

Sec. 5120.60.  (A) There is hereby created in the division	2043
of parole and community services the office of victims' services.	2044

(B) The office shall provide assistance to victims of crime,	2045
victims' representatives designated under section 2930.02 of the	2046
Revised Code, and members of the victim's family. The assistance	2047
shall include, but not be limited to, providing information about	2048
the policies and procedures of the department of rehabilitation	2049
and correction and the status of offenders under the department's	2050
jurisdiction.	2051

(C) The office shall also make available publications that	2052
will assist victims in contacting staff of the department about	2053
problems with offenders under the supervision of the adult parole	2054
authority or confined in state correctional institutions under the	2055
department's jurisdiction.	2056

(D) The office shall employ a victims coordinator who shall	2057
administer the office's functions. The victims coordinator shall	2058
be in the unclassified civil service and report directly to the	2059
chief of the division.	2060

(E) The office shall also employ at least three persons in	2061
the unclassified civil service whose primary duties shall be to	2062
help parole board hearing officers identify victims' issues and to	2063
make recommendations to the parole board in accordance with rules	2064
adopted by the department. The member of the parole board	2065
appointed pursuant to division (B) of section 5149.10 of the	2066
Revised Code shall approve the hiring of the employees of the	2067
office.	2068

(F) The office shall coordinate its activities with the	2069
member of the parole board appointed pursuant to division (B) of	2070
section 5149.10 of the Revised Code. The victims coordinator and	2071
other employees of the office shall have full access to records of	2072
prisoners under the department's jurisdiction.	2073

(G) Information provided to the office of victim services by	2074
victims of crime or a victim representative designated under	2075
section 2930.02 of the Revised Code for the purpose of program	2076
participation, of receiving services, or to communicate acts of an	2077
inmate or person under the supervision of the adult parole	2078
authority that threaten the safety and security of the victim	2079
shall be confidential and is not a public record under section	2080
149.43 of the Revised Code.	2081

(H) As used in this section, "crime," "member of the victim's	2082
family," and "victim" have the meanings given in section 2930.01	2083
of the Revised Code.	2084

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

2085

(1) "Body cavity search" and "strip search" have the same	2086
meanings as in section 5120.421 of the Revised Code.	2087

(2) "Deadly weapon" and "dangerous ordnance" have the same	2088
meanings as in section 2923.11 of the Revised Code.	2089

(3) "Drug of abuse" has the same meaning as in section	2090
3719.011 of the Revised Code.	2091

(4) "Intoxicating liquor" has the same meaning as in section	2092
4301.01 of the Revised Code.	2093

(B) For purposes of determining whether visitors to an	2094
institution under the control of the department of youth services	2095
are knowingly conveying, or attempting to convey, onto the grounds	2096
of the institution any deadly weapon, dangerous ordnance, drug of	2097
abuse, or intoxicating liquor, or electronic communications device	2098
in violation of section 2921.36 of the Revised Code, the	2099
department may adopt rules, pursuant to Chapter 119. of the	2100
Revised Code, that are consistent with this section.	2101

(C) For the purposes described in division (B) of this	2102
section, visitors who are entering or have entered an institution	2103
under the control of the department of youth services may be	2104
searched by the use of a magnetometer or similar device, by a	2105
pat-down of the visitor's person that is conducted by a person of	2106
the same sex as that of the visitor, and by an examination of the	2107
contents of pockets, bags, purses, packages, and other containers	2108
proposed to be conveyed or already conveyed onto the grounds of	2109
the institution. Searches of visitors authorized by this division	2110
may be conducted without cause, but shall be conducted uniformly	2111
or by automatic random selection. Discriminatory or arbitrary	2112
selection searches of visitors are prohibited under this division.	2113

(D) For the purposes described in division (B) of this	2114
section, visitors who are entering or have entered an institution	2115
under the control of the department of youth services may be	2116
searched by a strip or body cavity search, but only under the	2117
circumstances described in this division. In order for a strip or	2118
body cavity search to be conducted of a visitor, the highest	2119
officer present in the institution shall expressly authorize the	2120
search on the basis of a reasonable suspicion, based on specific	2121
objective facts and reasonable inferences drawn from those facts	2122
in the light of experience, that a visitor proposed to be so	2123
searched possesses, and intends to convey or already has conveyed,	2124
a deadly weapon, dangerous ordnance, drug of abuse, or	2125
intoxicating liquor, or electronic communication device onto the	2126
grounds of the institution in violation of section 2921.36 of the	2127
Revised Code.	2128

Except as otherwise provided in this division, prior to the	2129
conduct of the strip or body cavity search, the highest officer	2130
present in the institution shall cause the visitor to be provided	2131
with a written statement that sets forth the specific objective	2132
facts upon which the proposed search is based. In the case of an	2133
emergency under which time constraints make it impossible to	2134
prepare the written statement before the conduct of the proposed	2135
search, the highest officer in the institution instead shall cause	2136
the visitor to be orally informed of the specific objective facts	2137
upon which the proposed search is based prior to its conduct, and	2138
shall cause the preparation of the written statement and its	2139
provision to the visitor within twenty-four hours after the	2140
conduct of the search. Both the highest officer present in the	2141
institution and the visitor shall retain a copy of a written	2142
statement provided in accordance with this division.	2143

Any strip or body cavity search conducted pursuant to this	2144
division shall be conducted in a private setting by a person of	2145
the same sex as that of the visitor. Any body cavity search	2146
conducted under this division additionally shall be conducted by	2147
medical personnel.	2148

This division does not preclude, and shall not be construed	2149
as precluding, a less instrusiveintrusive search as authorized by	2150
division (C) of this section when reasonable suspicion as	2151
described in this division exists for a strip or body cavity	2152
search.	2153

Sec. 5145.06.  (A) The department of rehabilitation and	2154
correction shall establish and operate a school system that is	2155
approved and chartered by the department of education and	2156
designated as the Ohio central school system to serve all of the	2157
correctional institutions under its control. The Ohio central	2158
school system shall provide educational programs for prisoners to	2159
allow them to complete adult basic education courses, earn Ohio	2160
certificates of high school equivalence, or pursue vocational	2161
training. To that end, the department may employ appropriately	2162
certified teachers, administrators, and support staff. The	2163
department shall provide classrooms, shops, and other appropriate	2164
facilities and necessary furniture, books, stationery, supplies,	2165
and equipment.	2166

(B)(1) The department of rehabilitation and correction shall	2167
require each prisoner who has not obtained a high school diploma	2168
to take courses leading toward an Ohio certificate of high school	2169
equivalence, an Ohio high school diploma pursuant to section	2170
3313.61 of the Revised Code, or courses that provide vocational	2171
training. If a prisoner has obtained a high school diploma, the	2172
department shall encourage the prisoner to participate in a	2173
program of advanced studies or training for a skilled trade.	2174

(2) The department of rehabilitation and correction shall	2175
adopt rules that prescribe disciplinary actions that the	2176
department may take if a prisoner refuses to participate in an	2177
educational program required under division (B)(1) of this	2178
section.	2179

(3) The failure of the department of rehabilitation and	2180
correction to provide, pursuant to division (B)(1) of this	2181
section, an opportunity for any prisoner to participate in courses	2182
that lead toward an Ohio certificate of high school equivalence or	2183
an Ohio high school diploma, or that provide vocational training,	2184
does not give rise to a claim for damages against the department.	2185

(C) The department of rehabilitation and correction, for a	2186
clearly established medical, mental health, or security reason,	2187
may exclude certain prisoners from the requirement to take courses	2188
pursuant to division (B)(1) of this section. Any exclusion under	2189
this division shall be only for a clearly established medical,	2190
mental health, or security reason. Within six months after the	2191
effective date of this amendment, the department shall adopt rules	2192
pursuant to Chapter 119. of the Revised Code to establish the	2193
criteria and procedures for an exclusion under this division.	2194

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

2195

(1) "Inmate" includes any person who is committed to a	2196
detention facility, who is in the custody of the department of	2197
rehabilitation and correction, and who is participating in an	2198
approved assignment under the federal prison industries	2199
enhancement certification program. "Inmate" does not include a	2200
prisoner confined within a detention facility operated by or for a	2201
political subdivision.	2202

(2) "Federal prison industries enhancement certification	2203
program" means the program authorized pursuant to 18 U.S.C. 1761.	2204

(B) Private employers who purchase goods made by inmates	2205
or utilize inmate labor in the production of goods under the	2206
federal prison industries enhancement certification program shall	2207
purchase and be solely responsible to provide a policy of	2208
insurance for inmates participating in the program.	2209

(C) The policy of insurance required by this section shall	2210
provide benefit payments for any inmate who sustains a compensable	2211
injury while participating in the program. The benefit payments	2212
shall compensate the inmate for any temporary or permanent loss	2213
of earning capacity that results from a compensable injury and is	2214
present at the time of the inmate's release. The benefits shall	2215
be awarded upon the inmate's release from prison by parole or	2216
final discharge. The policy of insurance shall provide coverage	2217
for injuries occurring during activities that are an integral	2218
part of the inmate's participation in the program production. The	2219
policy of insurance shall not pay benefits for injuries occurring	2220
as the result of a fight, assault, horseplay, or other activity	2221
that is prohibited by the department's or institution's inmate	2222
conduct rules.	2223

(D) Private employers shall submit to the prison labor	2224
advisory board as a requirement for participation in the federal	2225
prison industries enhancement certification program proof of	2226
liability coverage that meets or exceeds the requirements set	2227
forth in 18 U.S.C. 1761(c)(3).	2228

(E) Inmates covered under this section are not employees	2229
of the department of rehabilitation and correction or the private	2230
employer. Nothing in this section shall be construed as creating	2231
a contract for hire between the inmate and any other entity.	2232

(F) Any inmate participating in the federal prison	2233
industries enhancement certification program is ineligible to	2234
receive compensation or benefits under Chapter 4121., 4123.,	2235
4127., or 4131. of the Revised Code for any injury, death, or	2236
occupational disease received in the course of, and arising out	2237
of, participation in that program. Any claim for an injury	2238
arising from an inmate's participation in the program is	2239
specifically excluded from the jurisdiction of the Ohio bureau of	2240
workers' compensation and the industrial commission of Ohio.	2241

(G) Any liability benefit awarded for any injury under this	2242
provision shall be the exclusive remedy against the private	2243
employer and the state.	2244

(H) If any inmate awarded liability benefits under this	2245
provision is recommitted to the custody of the department of	2246
rehabilitation and correction, the benefits shall immediately	2247
cease but shall resume upon the inmate's subsequent parole or	2248
discharge from incarceration.	2249

Sec. 5149.02.  There is hereby created in the division of	2250
parole and community services of the department of rehabilitation	2251
and correction at bureau level an adult parole authority. The	2252
adult parole authority consists of its chief, a parole supervision	2253
field services section, a probation development and supervision	2254
section, and a parole board. The director of rehabilitation and	2255
correction shall appoint the chief of the adult parole authority,	2256
the superintendent of the parole supervision section, the	2257
superintendentone or more superintendents of the probation	2258
development and supervisionfield services section, and the	2259
chairmanchairperson of the parole board, all of whom shall serve	2260
at the pleasure of the director and shall be in the unclassified	2261
civil service.	2262

The authority is a regular administrative unit of the	2263
department of rehabilitation and correction and shall operate	2264
under rules adopted by the director. The chief of the division of	2265
parole and community services may adopt supplemental rules	2266
governing operation of the authority, assigning specific powers	2267
and duties to the chief of the authority, and assigning specific	2268
functions to sections within the authority.	2269

No person shall be appointed as chief of the adult parole	2270
authority who is not qualified by education or experience in	2271
correctional work, including law enforcement, probation, or	2272
parole, in law, in social work, or in a combination of the three	2273
categories.	2274

Sec. 5149.04.  (A) Persons paroled or, conditionally	2275
pardoned, or released to community supervision shall be under	2276
jurisdiction of the adult parole authority and shall be supervised	2277
by the parole supervisionfield services section through its staff	2278
of parole and field officers in such manner as to insure as nearly	2279
as possible the parolee'soffender's rehabilitation while at the	2280
same time providing maximum protection to the general public. All	2281
state and local officials shall furnish such information to	2282
officers of the parole supervision section as is requested by the	2283
superintendent of the sectionthey may request in the performance	2284
of histheir duties.	2285

(B) The superintendent, or superintendents, of the parole	2286
supervisionfield services section shall be a person, or persons,	2287
especially qualified by training and experience in the field of	2288
correctioncorrections. HeThe superintendent, or superintendents,	2289
shall supervise the work of the section and shall formulate and	2290
execute an effective program of paroleoffender supervision. He	2291
The superintendent, or superintendents, shall collect and preserve	2292
any records and statistics with respect to paroleesoffenders that	2293
are required by the chief of the authority. The section also shall	2294
include other personnel who are necessary for the performance of	2295
the section's duties.	2296

No person shall be appointed as a superintendent who is not	2297
qualified by education or experience in correctional work	2298
(including law enforcement, probation, or parole)work, in law, in	2299
social work, or in a combination of the three categories.	2300

(C) The superintendent, or superintendents, of the parole	2301
supervisionfield services section, with the approval of the chief	2302
of the authority, may establish district offices for the section	2303
and may assign necessary parole and field officers and clerical	2304
staff to the district offices.	2305

(D) The parole supervisionfield services section in the	2306
exercise of its supervision over paroleesoffenders and persons	2307
conditionally pardoned shall carry out all lawful orders, terms,	2308
and conditions prescribed by the authority, the chief of the	2309
division of parole and community services, or the governor.	2310

Sec. 5149.05.  The chief of the adult parole authority may	2311
grant an employee permission to carry a firearm in the discharge	2312
of the employee's official duties, provided thatif the employee	2313
has successfully completed a basic firearm training program that	2314
is approved by the executive director of the Ohio peace officer	2315
training commission and that is administered by the department of	2316
rehabilitation and correction. In order to continue to carry a	2317
firearm in the discharge of the employee's official duties, the	2318
employee annually shall successfully complete a firearms	2319
requalification program in accordance with section 109.801 of the	2320
Revised Code.	2321

Sec. 5149.06.  (A) TheOne of the primary dutyduties of the	2322
field services section on probation development and supervision is	2323
to assist the counties in developing their own probation services	2324
on either a single-county or multiple-county basis. The section,	2325
within limits of available personnel and funds, may supervise	2326
selected probationers from local courts.	2327

The section consists of a superintendent of probation and	2328
other personnel who are necessary for performance of the section's	2329
duties. No person shall be appointed superintendent who is not	2330
qualified by education or experience in correctional work,	2331
including law enforcement, probation, or parole work, in law, in	2332
social work, or in a combination of the three categories.	2333

(B) The adult parole authority probation services fund shall	2334
be created in the state treasury. The fund shall consist of all	2335
moneys that are paid to the treasurer of any county under section	2336
2951.021 of the Revised Code for deposit into the county's	2337
probation services fund established under division (A)(1) of	2338
section 321.44 of the Revised Code and that subsequently are	2339
appropriated and transferred to the adult parole authority	2340
probation services fund under division (A)(2) of that section. The	2341
chief of the adult parole authority, with the approval of the	2342
director of the department of rehabilitation and correction, shall	2343
use the money contained in the adult parole authority probation	2344
services fund for probation-related expenses in the counties for	2345
which the authority provides probation services. Probation-related	2346
expenses may include specialized staff, purchase of equipment,	2347
purchase of services, reconciliation programs for victims and	2348
offenders, other treatment programs, including alcohol and drug	2349
addiction programs certified under section 3793.06 of the Revised	2350
Code, determined to be appropriate by the chief of the authority,	2351
and other similar probation-related expenses.	2352

Sec. 5149.10.  (A) The parole board shall consist of up to	2353
twelve members, one of whom shall be designated as chairperson by	2354
the director of the department of rehabilitation and correction	2355
and who shall continue as chairperson until a successor is	2356
designated, and any other personnel that are necessary for the	2357
orderly performance of the duties of the board. In addition to	2358
the rules authorized by section 5149.02 of the Revised Code, the	2359
chief of the adult parole authority, subject to the approval of	2360
the chief of the division of parole and community services and	2361
subject to this section, shall adopt rules governing the	2362
proceedings of the parole board. The rules shall provide for the	2363
convening of full board hearings, the procedures to be followed in	2364
full board hearings, and general procedures to be followed in	2365
other hearings of the board and by the board's hearing officers.	2366
The rules also shall require agreement by a majority of all the	2367
board members to any recommendation of clemency transmitted to the	2368
governor.	2369

When the board members sit as a full board, the chairperson	2370
shall preside. The chairperson shall also allocate the work of	2371
the parole board among the board members. The full board shall	2372
meet at least once each month. In the case of a tie vote on the	2373
full board, the chief of the adult parole authority shall cast the	2374
deciding vote. The chairperson may designate a person to serve in	2375
the chairperson's place.	2376

Except as otherwise provided in division (B) of this section,	2377
no person shall be appointed a member of the board who is not	2378
qualified by education or experience in correctional work,	2379
including law enforcement, prosecution of offenses, advocating for	2380
the rights of victims of crime, probation, or parole, in law, in	2381
social work, or in a combination of the three categories.	2382

(B) The director of rehabilitation and correction, in	2383
consultation with the governor, shall appoint one member of the	2384
board, who shall be a person who has been a victim of crime or who	2385
is a member of a victim's family or who represents an organization	2386
that advocates for the rights of victims of crime. After	2387
appointment, this member shall be an unclassified employee of the	2388
department of rehabilitation and correction.	2389

The initial appointment shall be for a term ending four years	2390
after the effective date of this amendment. Thereafter, the term	2391
of office of the member appointed under this division shall be for	2392
four years, with each term ending on the same day of the same	2393
month as did the term that it succeeds. The member shall hold	2394
office from the date of appointment until the end of the term for	2395
which the member was appointed and may be reappointed. Vacancies	2396
shall be filled in the manner provided for original appointments.	2397
Any member appointed under this division to fill a vacancy	2398
occurring prior to the expiration date of the term for which the	2399
member's predecessor was appointed shall hold office as a member	2400
for the remainder of that term. The member appointed under this	2401
division shall continue in office subsequent to the expiration	2402
date of the member's term until the member's successor takes	2403
office or until a period of sixty days has elapsed, whichever	2404
occurs first.	2405

The member appointed under this division shall be compensated	2406
in the same manner as other board members and shall be reimbursed	2407
for actual and necessary expenses incurred in the performance of	2408
the members' duties. The member may vote on all cases heard by	2409
the full board under section 5149.101 of the Revised Code, has	2410
such duties as are assigned by the chairperson of the board, and	2411
shall coordinate the member's activities with the office of	2412
victims' services created under section 5120.60 of the Revised	2413
Code.	2414

As used in this division, "crime," "member of the victim's	2415
family," and "victim" have the meanings given in section 2930.01	2416
of the Revised Code.	2417

(C) The chairperson shall submit all recommendations for or	2418
against clemency directly to the governor.	2419

(D) The chairperson shall transmit to the chief of the adult	2420
parole authority all determinations for or against parole made by	2421
the board. Parole determinations are final and are not subject to	2422
review or change by the chief.	2423

(E) In addition to its duties pertaining to parole and	2424
clemency, if an offender is sentenced to a prison term pursuant to	2425
division (A)(3) of section 2971.03 of the Revised Code, the parole	2426
board shall have control over the offendersoffender's service of	2427
the prison term during the entire term unless the board terminates	2428
its control in accordance with section 2971.04 of the Revised	2429
Code. The parole board may terminate its control over the	2430
offender's service of the prison term only in accordance with	2431
section 2971.04 of the Revised Code.	2432

Sec. 5149.12.  The adult parole authority shall exercise	2433
general supervision over the work of all probation and parole	2434
officers throughout the state, includingexcluding those appointed	2435
in county probation departments and those appointed by municipal	2436
judges.	2437

The authority shall collect and publish statistical and other	2438
information and make recommendations as to the operation of the	2439
probation and parole system. It shall keep itself informed as to	2440
the work of probation and parole officers, and shall inquire into	2441
their conduct and efficiency. It may require reports from	2442
probation officers on blanks which it furnishes. It shall each	2443
year inform the courts and probation and parole officers of any	2444
legislation directly affecting probation or parole, and shall each	2445
year publish a list of all probation and parole officers. It	2446
shall endeavor, by such means as seem most suitable, to secure the	2447
effective application of the probation and parole system and	2448
enforcement of the probation and parole law in all parts of the	2449
state.	2450

The authority shall make an annual report which shows the	2451
results of the state parole system and the probation system as	2452
administered in the various counties.	2453

The authority, in discharge of its duties, shall have access	2454
to all offices and records of probation departments and officers	2455
within the state.	2456

Section 2.  That existing sections 1901.33, 2151.421,	2457
2301.27, 2301.54, 2301.56, 2907.03, 2921.36, 2933.41, 2951.03,	2458
2967.14, 2967.26, 2967.27, 2967.28, 5120.01, 5120.21, 5120.30,	2459
5120.38, 5120.421, 5120.48, 5120.60, 5139.251, 5145.06, 5149.02,	2460
5149.04, 5149.05, 5149.06, 5149.10, and 5149.12 and section	2461
5120.43 of the Revised Code are hereby repealed.	2462

Section 3. Nothing in this act authorizes, or is intended to	2463
authorize, a private or nonprofit entity to operate any	2464
community-based correctional facility and program or district	2465
community-based correctional facility and program.	2466

Section 4. Section 5149.06 of the Revised Code is presented	2467
in this act as a composite of the section as amended by both Am.	2468
Sub. H.B. 406 and Am. Sub. H.B. 571 of the 120th General Assembly.	2469
The General Assembly, applying the principle stated in division	2470
(B) of section 1.52 of the Revised Code that amendments are to be	2471
harmonized if reasonably capable of simultaneous operation, finds	2472
that the composite is the resulting version of the section in	2473
effect prior to the effective date of the section as presented in	2474
this act.	2475