| Sec. 1905.033. (A) The mayor of a municipal corporation who | 18 |
|
conducts a mayor's court shall register annually with the supreme | 19 |
|
court as provided in this division. The mayor shall file the | 20 |
|
registration on a form prescribed by the supreme court and not | 21 |
|
later than the fifteenth day of January in any year in which the | 22 |
|
mayor conducts a mayor's court or at least fifteen days before the | 23 |
|
mayor first
conducts a mayor's
court in a particular year, | 24 |
|
whichever is later. The registration shall
include the name of
the | 25 |
|
mayor, the name of any magistrate appointed by the mayor
pursuant | 26 |
| to
section 1905.05 of the Revised Code, and the dates on
which
the | 27 |
|
mayor and magistrate last received the training required
by | 28 |
section
1901.0311905.031 of the Revised Code. | 29 |
| (1) A report to the supreme court of all cases filed, | 32 |
|
pending, or terminated
in
the mayor's court in the reporting | 33 |
|
period covered by the report, and any financial, dispositional, | 34 |
|
and other
information that
the supreme court prescribes by rule. | 35 |
|
The mayor
shall make the
report under division (B)(1) of this | 36 |
|
section on a
form prescribed
by the supreme court and not later | 37 |
|
than the
fifteenth day of
January, April, July, and October
of | 38 |
|
each year.
The report shall cover all cases filed, pending, or | 39 |
|
terminated in
the mayor's court for the calendar quarter preceding | 40 |
|
the
appropriate filing date. | 41 |
| (D) This section does not prohibit or restrict a lawfully | 66 |
| authorized investigative, law enforcement, protective, or | 67 |
| intelligence gathering employee or agent of the government of this | 68 |
| state or a political subdivision of this state, or of the federal | 69 |
| government, when acting in an official capacity, from operating an | 70 |
| audiovisual recording function of a device in any facility in | 71 |
| which a motion picture is being shown. | 72 |
| Sec. 2917.04. (A) Where five or more persons are | 85 |
| participating in a course
of disorderly conduct in violation of | 86 |
| section 2917.11 of the Revised Code, and
there are other persons | 87 |
| in the vicinity whose presence creates the likelihood
of physical | 88 |
| harm to persons or property or of serious public inconvenience, | 89 |
|
annoyance, or alarm, a law enforcement officer or other public | 90 |
| official may
order the participants and such other persons to | 91 |
| disperse. No person shall
knowingly fail to obey such order. | 92 |
| (1) Hamper the lawful operations of any law enforcement | 106 |
|
officer,
firefighter, rescuer, medical person, emergency
medical | 107 |
|
services person, or other authorized person, engaged in
the | 108 |
|
person's duties at
the scene of a fire, accident, disaster, riot, | 109 |
|
or emergency of any kind; | 110 |
| (b) It has received the appropriate license or certificate | 144 |
|
for any
specialized education, training, treatment, habilitation, | 145 |
|
or
other service that it provides from the government agency that | 146 |
|
is responsible for licensing or certifying that type of
education, | 147 |
|
training, treatment, habilitation, or service. | 148 |
| (B) "Bad time" means the time by which the parole board | 152 |
|
administratively extends an offender's stated prison term or terms | 153 |
|
pursuant to
section 2967.11 of the Revised Code because the parole | 154 |
|
board
finds by clear and convincing evidence that the
offender, | 155 |
|
while serving the prison term or terms, committed an
act that is a | 156 |
|
criminal offense under the law of this state or the
United States, | 157 |
|
whether or not the offender is prosecuted for
the commission of | 158 |
|
that act. | 159 |
| (F) "Community control sanction"
means a sanction that is
not | 173 |
| a prison term and that is described
in section 2929.15,
2929.16, | 174 |
| 2929.17, or 2929.18 of the Revised
Code
or a sanction
that is not | 175 |
| a jail term and that is described in
section 2929.26,
2929.27, or | 176 |
| 2929.28 of the Revised Code.
"Community control
sanction" includes | 177 |
| probation if the sentence involved was
imposed
for a felony that | 178 |
| was committed prior to July 1, 1996, or if
the
sentence involved | 179 |
| was imposed for a misdemeanor that was committed
prior
to January | 180 |
| 1, 2004. | 181 |
| (L) "Drug treatment program" means
any program under which a | 198 |
|
person undergoes assessment and treatment designed
to
reduce or | 199 |
|
completely eliminate the person's physical or emotional reliance | 200 |
|
upon alcohol, another drug, or alcohol and another drug and under | 201 |
|
which the person may be required to
receive assessment and | 202 |
|
treatment on an outpatient basis or may be required to
reside at a | 203 |
|
facility other than the person's home or residence while | 204 |
|
undergoing assessment and treatment. | 205 |
| (R) "Intensive probation supervision" means a
requirement | 239 |
|
that an offender maintain frequent contact with a
person appointed | 240 |
|
by the court, or by the parole board pursuant to section
2967.28 | 241 |
|
of the Revised Code, to supervise the offender while the
offender | 242 |
|
is seeking or maintaining necessary employment and
participating | 243 |
|
in training, education, and treatment programs as
required in the | 244 |
|
court's or parole board's order. "Intensive
probation
supervision" | 245 |
| includes intensive parole supervision and intensive
post-release | 246 |
| control supervision. | 247 |
| (W) "License violation report" means
a report that is made
by | 265 |
| a sentencing court, or by the parole board pursuant
to section | 266 |
|
2967.28 of the Revised Code, to the regulatory or
licensing board | 267 |
|
or agency that issued an offender a professional
license or a | 268 |
|
license or permit to do business
in this state and that specifies | 269 |
|
that the offender has been
convicted of or pleaded guilty to an | 270 |
|
offense that may violate the
conditions under which the offender's | 271 |
|
professional license or
license or permit to do business in this | 272 |
|
state was granted or an offense
for which the offender's | 273 |
|
professional license or license or permit to do
business in this | 274 |
|
state may be revoked or suspended. | 275 |
| (X) "Major drug offender" means an
offender who is convicted | 276 |
|
of or pleads guilty to the possession
of, sale of, or offer to | 277 |
|
sell any drug, compound, mixture,
preparation, or substance that | 278 |
|
consists of or contains at least
one thousand grams of hashish; at | 279 |
|
least one hundred
grams of crack cocaine; at least one thousand | 280 |
|
grams of cocaine that is not
crack cocaine; at least two thousand | 281 |
|
five hundred unit doses or two
hundred fifty grams of
heroin; at | 282 |
|
least five thousand unit doses of
L.S.D. or five hundred grams of | 283 |
|
L.S.D. in a
liquid concentrate, liquid extract, or liquid | 284 |
|
distillate form; or at least
one hundred times the
amount of any | 285 |
|
other schedule I or II controlled
substance other than marihuana | 286 |
|
that is necessary to commit a
felony of the third degree pursuant | 287 |
|
to section 2925.03, 2925.04,
2925.05, or 2925.11 of the Revised | 288 |
|
Code
that is based on the possession of, sale of, or offer to sell | 289 |
|
the
controlled substance. | 290 |
| (1) Subject to division (Y)(2) of this section,
the term in | 292 |
|
prison that must be imposed for the offenses or
circumstances set | 293 |
|
forth in divisions (F)(1) to (8) or
(F)(12) of section
2929.13 and | 294 |
|
division (D) of section 2929.14 of the
Revised Code. Except as | 295 |
|
provided in sections
2925.02, 2925.03, 2925.04, 2925.05, and | 296 |
|
2925.11 of the
Revised Code, unless the maximum or another | 297 |
|
specific term is required under section 2929.14 of the
Revised | 298 |
|
Code, a mandatory prison term described in this division may be | 299 |
|
any prison term authorized for the level of offense. | 300 |
| (1) The person has been convicted of or has pleaded
guilty | 334 |
|
to, and is being sentenced for committing, for
complicity in | 335 |
|
committing, or for an attempt to commit, aggravated murder, | 336 |
|
murder, involuntary manslaughter, a felony of the first degree | 337 |
|
other than one set forth in Chapter 2925. of the Revised
Code, a | 338 |
|
felony of the first degree set forth in Chapter
2925. of the | 339 |
|
Revised Code that involved an attempt
to cause serious physical | 340 |
|
harm to a person or that resulted in serious
physical harm to a | 341 |
|
person, or a
felony of the second degree that involved an attempt | 342 |
|
to cause serious physical
harm to a person
or that resulted in | 343 |
|
serious physical harm to a person. | 344 |
| (i) Aggravated murder, murder, involuntary manslaughter, | 349 |
|
rape, felonious
sexual penetration as it existed under
section | 350 |
|
2907.12 of the Revised Code prior to September 3,
1996, a felony | 351 |
|
of the first or second degree that resulted in the death
of a | 352 |
|
person or in physical harm to a person, or complicity in or an | 353 |
|
attempt
to commit any of those offenses; | 354 |
| (GG) "Stated prison term" means the
prison term, mandatory | 373 |
|
prison term, or combination of all
prison terms and mandatory | 374 |
|
prison terms imposed by the
sentencing court pursuant to section | 375 |
|
2929.14 or 2971.03 of the
Revised Code. "Stated prison term" | 376 |
|
includes any credit received by the offender for time spent in | 377 |
|
jail awaiting trial, sentencing, or transfer to prison for the | 378 |
|
offense and any time spent under house arrest or
house arrest
with | 379 |
| electronic monitoring imposed after
earning credits pursuant to | 380 |
|
section 2967.193 of the Revised Code. | 381 |
| (JJ) "Mandatory term of local
incarceration" means the term | 390 |
|
of sixty or one hundred twenty days in a jail, a
community-based | 391 |
|
correctional facility, a halfway house, or an alternative | 392 |
|
residential facility that a sentencing court may impose upon a | 393 |
|
person who is convicted of or pleads guilty to a fourth degree | 394 |
|
felony
OVI offense pursuant to division (G)(1) of section
2929.13 | 395 |
|
of the Revised Code and division
(G)(1)(d) or
(e)
of section
| 396 |
|
4511.19 of
the
Revised Code. | 397 |
| (MM) An offense is "committed in the vicinity of a child"
if | 408 |
|
the offender commits the offense within thirty feet of or within | 409 |
|
the same
residential unit as a child who
is under eighteen years | 410 |
|
of age, regardless of whether the offender knows the
age of the | 411 |
|
child or whether the offender knows the offense is
being committed | 412 |
|
within thirty feet of or within the same residential unit as
the | 413 |
|
child and regardless of whether the child actually views the | 414 |
|
commission of
the offense. | 415 |
|
(a) The device has a transmitter that can be attached to a | 437 |
|
person, that will transmit a specified signal to a receiver of the | 438 |
|
type described in division (VV)(1)(b) of this section if the | 439 |
|
transmitter is removed from the person, turned off, or altered in | 440 |
|
any manner without prior court approval in relation to electronic | 441 |
|
monitoring or without prior approval of the department of | 442 |
|
rehabilitation and correction in relation to the use of an | 443 |
|
electronic monitoring device for an inmate on transitional control | 444 |
|
or otherwise is tampered with, that can transmit continuously and | 445 |
|
periodically a signal to that receiver when the person is within a | 446 |
|
specified distance from the receiver, and that can transmit an | 447 |
|
appropriate signal to that receiver if the person to whom it is | 448 |
|
attached travels a specified distance from that receiver. | 449 |
|
(b) The device has a receiver that can receive continuously | 450 |
|
the signals transmitted by a transmitter of the type described in | 451 |
|
division (VV)(1)(a) of this section, can transmit continuously | 452 |
|
those signals by telephone to a central monitoring computer of the | 453 |
|
type described in division (VV)(1)(c) of this section, and can | 454 |
|
transmit continuously an appropriate signal to that central | 455 |
|
monitoring computer if the receiver is turned off or altered | 456 |
|
without prior court approval or otherwise tampered with. | 457 |
|
(b) The device includes a transmitter and receiver that can | 471 |
|
determine at any time, or at a designated point in time, through | 472 |
|
the use of a central monitoring computer or other electronic means | 473 |
|
the fact that the transmitter is turned off or altered in any | 474 |
|
manner without prior approval of the court in relation to the | 475 |
|
electronic monitoring or without prior approval of the department | 476 |
|
of rehabilitation and correction in relation to the use of an | 477 |
|
electronic monitoring device for an inmate on transitional control | 478 |
|
or otherwise is tampered with. | 479 |
| Sec. 2929.22. (A) Unless a mandatory jail term is required | 485 |
|
to be
imposed by division (G) of section 1547.99, division (B) of | 486 |
|
section 4510.14, division (G) of section 4511.19 of the
Revised | 487 |
|
Code, or any other provision of the Revised Code a court that | 488 |
|
imposes a sentence under this
chapter upon an
offender for a | 489 |
|
misdemeanor or minor misdemeanor has
discretion to
determine the | 490 |
|
most effective way to
achieve the
purposes and
principles of | 491 |
|
sentencing set forth in
section 2929.21
of the
Revised Code. | 492 |
| Unless a specific sanction is required to be imposed or is | 493 |
|
precluded from being imposed by the section setting forth an | 494 |
|
offense or the
penalty for an offense or by any provision of | 495 |
|
sections 2929.23 to 2929.28 of
the Revised Code, a
court that | 496 |
|
imposes a
sentence upon an offender for a misdemeanor may impose | 497 |
|
on the offender any sanction or combination of sanctions
under | 498 |
|
sections 2929.24 to 2929.28 of the Revised Code. The
court shall | 499 |
|
not impose a sentence that imposes an unnecessary burden on local | 500 |
|
government
resources. | 501 |
(a) If the court determines that the victim was sixty-five | 508 |
years of age or older, permanently and totally disabled, or under | 509 |
eighteen years of age at the time of the commission of the | 510 |
offense, regardless of whether the offender knew the age of the | 511 |
victim or knew of the victim's disability, and if the offense is a | 512 |
misdemeanor other than a minor misdemeanor, the court shall | 513 |
consider that fact in favor of imposing a jail term on the | 514 |
offender, but that fact shall not control the decision of the | 515 |
court. | 516 |
(b) If the court determines that the victim was sixty-five | 517 |
years of age or older or permanently and totally disabled at the | 518 |
time of the commission of the offense, regardless of whether the | 519 |
offender knew the age of the victim or knew of the victim's | 520 |
disability, the court shall consider that fact in favor of | 521 |
imposing a financial sanction of restitution on the offender under | 522 |
section 2929.28 of the Revised Code, but that fact shall not | 523 |
control the decision of the court. | 524 |
| (C) Before imposing a jail term as a sentence for a | 555 |
|
misdemeanor,
a court shall consider the appropriateness of | 556 |
|
imposing a community control
sanction or a
combination of | 557 |
|
community control
sanctions under
sections 2929.25,
2929.26, | 558 |
|
2929.27, and 2929.28 of the Revised
Code. A court
may
impose the | 559 |
|
longest jail term authorized under
section
2929.24 of
the Revised | 560 |
|
Code only upon offenders who commit
the
worst forms of
the offense | 561 |
|
or upon offenders whose conduct and
response to prior
sanctions | 562 |
|
for prior offenses demonstrate that
the imposition of
the longest | 563 |
|
jail term is necessary to deter the
offender from
committing a | 564 |
|
future crime. | 565 |
| (a) Directly impose a sentence that consists of one or more | 582 |
|
community control sanctions authorized by section 2929.26, | 583 |
|
2929.27, or
2929.28 of the Revised Code. The court may impose any | 584 |
|
other conditions of release under a community control sanction | 585 |
that the court considers appropriate, including, but not limited | 586 |
to, requiring that the offender not ingest or be injected with a | 587 |
drug of abuse and submit to random drug testing and
requiring that | 588 |
the results of the drug test indicate that the
offender did not | 589 |
ingest or was not injected with a drug of abuse.
If the court | 590 |
|
imposes a jail term upon the offender, the court may
impose any | 591 |
|
community
control sanction or combination of community
control | 592 |
|
sanctions in addition to
the
jail term. | 593 |
| (B)(1) If a court sentences an offender to any community | 621 |
|
control
sanction or combination of community control sanctions | 622 |
|
authorized
under section 2929.26, 2929.27, or 2929.28 of the | 623 |
|
Revised
Code, the
court shall place the offender under the general | 624 |
|
control and
supervision of the court or of a department of | 625 |
|
probation in the
jurisdiction that serves the court for purposes | 626 |
|
of reporting to
the court a violation of any of the conditions of | 627 |
|
the sanctions
imposed. If the offender resides in another | 628 |
|
jurisdiction and a
department of probation has been established to | 629 |
|
serve the
municipal court or county court in that jurisdiction, | 630 |
|
the sentencing court may
request the municipal court or the county | 631 |
|
court to receive the offender into
the general control and | 632 |
|
supervision of that department of
probation for purposes of | 633 |
|
reporting to the sentencing court a violation of
any of the | 634 |
|
conditions of the sanctions imposed. The sentencing
court retains | 635 |
|
jurisdiction over any offender whom it sentences for
the duration | 636 |
|
of the sanction or sanctions imposed. | 637 |
| (2) The sentencing court shall require as a condition of any | 638 |
|
community
control sanction that the offender abide by the law and | 639 |
|
not leave the state
without the permission
of the court or the | 640 |
|
offender's probation officer. In the
interests of doing justice, | 641 |
|
rehabilitating the offender, and
ensuring the offender's good | 642 |
|
behavior, the court may impose
additional requirements on the | 643 |
|
offender. The offender's compliance with the
additional | 644 |
|
requirements also shall be a condition of the community
control | 645 |
|
sanction imposed upon the offender. | 646 |
| (C)(1) If the court imposing sentence upon an offender | 647 |
|
sentences
the offender to any community control sanction or | 648 |
|
combination of community
control sanctions authorized under | 649 |
|
section 2929.26,
2929.27, or 2929.28 of the Revised Code, and if | 650 |
|
the offender
violates any of the conditions of the sanctions, the | 651 |
|
public or
private person or entity that supervises or administers | 652 |
|
the
program or activity that comprises the sanction shall report | 653 |
|
the
violation directly to the sentencing court or to the | 654 |
|
department of probation
or probation officer with general control | 655 |
|
and
supervision over the offender. If the public or private
person | 656 |
| or
entity reports the violation to the department of
probation or | 657 |
| probation
officer, the department or
officer shall
report the | 658 |
| violation to the sentencing court. | 659 |
| (2) If an offender violates any condition of a community | 660 |
|
control sanction,
the sentencing court may impose upon the | 661 |
|
violator a longer time under the same
community control sanction | 662 |
|
if the total time under all of the community
control
sanctions | 663 |
|
imposed on the violator does not exceed the five-year limit | 664 |
|
specified in division
(A)(2) of this section or may impose on the | 665 |
|
violator a more
restrictive
community control sanction or | 666 |
|
combination of community control sanctions,
including a jail term. | 667 |
|
If the court imposes a jail term upon a violator
pursuant
to this | 668 |
|
division, the total time spent in jail for the misdemeanor
offense | 669 |
|
and the violation of a condition of the community control sanction | 670 |
|
shall not
exceed the maximum jail term available for the offense | 671 |
|
for which
the sanction that was violated was imposed. The court | 672 |
|
may reduce
the longer period of time that the violator is required | 673 |
|
to spend
under the longer sanction or the more restrictive | 674 |
|
sanction by all
or part of the time the violator successfully | 675 |
|
spent under the
sanction that was initially imposed. | 676 |
| (D) Except as otherwise provided in this division, if an | 677 |
|
offender, for a significant period of time, fulfills the | 678 |
|
conditions of a community control sanction imposed pursuant to | 679 |
|
section 2929.26, 2929.27, or 2929.28 of the Revised Code in
an | 680 |
|
exemplary manner, the court may reduce the period of time under | 681 |
|
the community
control sanction or impose a less restrictive | 682 |
|
community control sanction.
Fulfilling the conditions of a | 683 |
|
community control sanction
does not relieve the offender of a duty | 684 |
|
to make restitution under
section 2929.28 of the Revised Code. | 685 |
| Sec. 2929.28. (A) In addition to imposing court costs | 686 |
|
pursuant to section 2947.23 of the Revised Code, the court | 687 |
|
imposing a sentence upon an
offender
for a misdemeanor, including | 688 |
|
a minor misdemeanor, may
sentence the offender to any financial | 689 |
|
sanction or
combination of
financial sanctions authorized under | 690 |
|
this section.
Financial
sanctions that may be imposed pursuant to | 691 |
|
this section
include,
but are not limited to, the following: | 692 |
| (1) Restitution by the offender to the victim of the | 693 |
|
offender's
crime or any survivor of the victim, in an amount based | 694 |
|
on the victim's
economic loss. The court shall order that the | 695 |
|
restitution be made to
the victim in open court or to the adult | 696 |
|
probation department that
serves the jurisdiction or the clerk of | 697 |
|
the court on behalf of the
victim. The order may include a | 698 |
|
requirement that reimbursement be
made to third parties, other | 699 |
|
than the offender's insurer, for
amounts paid to the victim or any | 700 |
|
survivor of the victim for
economic loss resulting from the | 701 |
|
offense. If reimbursement to
third parties is required, the | 702 |
|
offender shall make the reimbursement
to any
governmental agency | 703 |
|
to repay any amounts paid by the agency to the
victim or survivor | 704 |
|
before the offender makes any reimbursement to any other
person. | 705 |
| The court shall determine, or order to be determined, the | 706 |
|
amount
of restitution to be paid by the offender. The court may | 707 |
|
base the amount of restitution it orders on an
amount recommended | 708 |
|
by the victim, the offender, a presentence
investigation report, | 709 |
|
estimates or receipts indicating the cost of
repairing or | 710 |
|
replacing property, and other information. The court
shall hold a | 711 |
|
hearing on restitution if the offender, victim, or
survivor | 712 |
|
disputes the amount of restitution. | 713 |
| (b) The amount of reimbursement ordered under
division | 753 |
|
(A)(3)(a)
of this section shall not exceed the total
amount of | 754 |
|
reimbursement
the offender
is able to pay and shall not
exceed the | 755 |
|
actual cost of the sanctions. The court may collect
any amount of | 756 |
|
reimbursement
the offender is required to pay under
that division. | 757 |
|
If the court
does not order reimbursement under
that division, | 758 |
|
confinement
costs may be assessed pursuant to a
repayment policy | 759 |
|
adopted under
section 2929.37 of the Revised
Code. In addition, | 760 |
|
the offender may be required to pay the fees specified in section | 761 |
|
2929.38 of the Revised Code in accordance with that section. | 762 |
| If the court determines that the offender is indigent and | 768 |
|
unable to pay the financial sanction or court costs, the court | 769 |
|
shall consider imposing and
may impose a term of community service | 770 |
|
under
division (A) of
section 2929.27 of the Revised Code
in lieu | 771 |
|
of
imposing a
financial sanction or court costs. If the court
does | 772 |
| not determine that the
offender is indigent, the court may
impose | 773 |
| a term of community
service
under division (A) of section
2929.27 | 774 |
|
of the Revised Code
in lieu of or in addition to
imposing
a | 775 |
| financial sanction under
this section and in addition to
imposing | 776 |
| court costs. The court may order
community service for a
minor | 777 |
|
misdemeanor pursuant to division (C) of
section 2929.27 of
the | 778 |
|
Revised
Code in lieu of or in addition to
imposing a financial | 779 |
|
sanction
under this section and in addition to imposing court | 780 |
|
costs. If a person
fails to pay a financial
sanction or court | 781 |
|
costs, the court
may order community
service in lieu of the | 782 |
|
financial sanction or court costs. | 783 |
| (C)(1) The offender shall pay reimbursements imposed upon
the | 784 |
|
offender pursuant to division (A)(3) of this section to pay
the | 785 |
|
costs incurred by a county pursuant to any sanction imposed
under | 786 |
| this section
or section 2929.26
or 2929.27 of the Revised
Code
or | 787 |
| in operating a facility used to
confine offenders pursuant
to a | 788 |
| sanction imposed under section 2929.26 of
the Revised Code to
the | 789 |
| county treasurer. The county
treasurer shall deposit the | 790 |
reimbursements in the county's general fund in accordance with | 791 |
division (H) of this section.
The county shall use the
amounts | 792 |
|
deposited in the fund to pay the
costs incurred by the
county | 793 |
|
pursuant to any sanction imposed
under this section or
section | 794 |
|
2929.26 or 2929.27 of the Revised
Code or in
operating a
facility | 795 |
|
used to confine offenders pursuant
to a sanction imposed under | 796 |
|
section 2929.26 of the Revised Code. | 797 |
| (2) The offender shall pay reimbursements imposed upon the | 798 |
|
offender pursuant to division (A)(3) of this section to pay the | 799 |
|
costs incurred by a municipal corporation pursuant to any sanction | 800 |
|
imposed under this section or section 2929.26 or 2929.27 of the | 801 |
|
Revised Code or in operating a
facility used to confine offenders | 802 |
|
pursuant to a sanction imposed under
section 2929.26 of the | 803 |
|
Revised Code to the treasurer of the
municipal corporation. The | 804 |
|
treasurer shall deposit the reimbursements in the municipal | 805 |
corporation's general fund in accordance with division (H) of
this | 806 |
section. The municipal corporation
shall use the amounts
deposited | 807 |
| in the fund to pay the costs
incurred by the municipal
corporation | 808 |
| pursuant to any sanction
imposed under this section or
section | 809 |
| 2929.26 or 2929.27 of the
Revised Code or in operating a
facility | 810 |
| used to confine offenders pursuant to a sanction imposed
under | 811 |
|
section 2929.26 of the Revised Code. | 812 |
| (D) Except as otherwise provided in this division, a | 817 |
|
financial
sanction imposed under division (A) of this section is a | 818 |
|
judgment
in favor of the state or the political subdivision that | 819 |
|
operates the court
that imposed the
financial sanction. A | 820 |
|
financial sanction of reimbursement imposed
pursuant to division | 821 |
|
(A)(3)(a)(i) of this
section upon an
offender is a judgment in | 822 |
|
favor of the entity administering the community
control sanction. | 823 |
|
A financial sanction of
reimbursement imposed pursuant to
division | 824 |
|
(A)(3)(a)(ii) of this
section upon an offender confined in
a jail | 825 |
|
or other residential facility is a
judgment in favor of
the
entity | 826 |
|
operating the jail or other residential facility. A
financial | 827 |
|
sanction of restitution
imposed pursuant to division
(A)(1) of | 828 |
|
this section is a judgment
in favor of the victim of the | 829 |
|
offender's criminal act. The offender subject
to the financial | 830 |
|
sanction is the judgment debtor. | 831 |
| (2) Permit payment of all or any portion of the sanction in | 854 |
|
installments, by financial transaction device if the court is a | 855 |
|
county court or a municipal court operated by a county, by credit | 856 |
|
or debit card or by another electronic
transfer if the court is a | 857 |
|
municipal court not operated by a county,
or by any other | 858 |
|
reasonable method, in any time, and on
any terms
that court | 859 |
|
considers just, except that the maximum time
permitted
for payment | 860 |
|
shall not exceed five years. If the court is a county court or a | 861 |
|
municipal court operated by a county, the acceptance of payments | 862 |
|
by any financial transaction device shall be governed by the | 863 |
|
policy adopted by the board of county commissioners of the county | 864 |
|
pursuant to section 301.28 of the Revised Code. If the court is a | 865 |
|
municipal court not operated by a county, the clerk may
pay any | 866 |
|
fee associated with processing an electronic transfer out
of | 867 |
|
public money or may charge the fee to the offender. | 868 |
| (1) The person is convicted of or pleads guilty to a
sexually | 889 |
| oriented offense that is not a registration-exempt sexually | 890 |
| oriented offense, or the person is adjudicated a
delinquent
child | 891 |
| for committing on or after
January 1, 2002, a
sexually oriented | 892 |
| offense that is not a registration-exempt sexually oriented | 893 |
| offense, was
fourteen years of
age or older at
the time of | 894 |
| committing the
offense, and is
classified a juvenile
sex offender | 895 |
| registrant
based on
that
adjudication. | 896 |
| (a) Regarding a person who is an offender, the person | 898 |
|
previously
was convicted of or pleaded
guilty to one or
more | 899 |
|
sexually oriented offenses or child-victim oriented offenses
or | 900 |
|
previously
was adjudicated a
delinquent
child for
committing one | 901 |
| or more
sexually oriented
offenses or child-victim oriented | 902 |
| offenses
and was
classified a
juvenile offender registrant or | 903 |
|
out-of-state
juvenile
offender registrant based on one or more
of | 904 |
| those
adjudications,
regardless of when the offense was
committed | 905 |
| and
regardless of the
person's age at the time of
committing the | 906 |
|
offense. | 907 |
| (ii) A violation of section 2907.21 of the Revised Code
when | 927 |
|
the person who is compelled, induced, procured, encouraged, | 928 |
|
solicited, requested, or facilitated to engage in, paid or agreed | 929 |
|
to be paid for, or allowed to engage in the sexual activity in | 930 |
|
question is under eighteen years of age; | 931 |
| (vi) A violation of division (A)(1), (2), (3), or (5) of | 939 |
| section 2905.01, of section 2903.211, 2905.02, 2905.03, or | 940 |
| 2905.05, or of former section 2905.04 of the Revised Code, when | 941 |
| the victim of the offense is under eighteen years of age and the | 942 |
| offense is committed with a sexual motivation. | 943 |
| (f) A violation of any former law of this state, any
existing | 954 |
| or former municipal
ordinance
or law of another state or
the | 955 |
| United States,
any existing or former law applicable in a
military | 956 |
| court or
in an
Indian tribal court, or any existing or former law | 957 |
| of any nation other than the United States, that
is or was | 958 |
|
substantially equivalent to any
offense listed in
division | 959 |
|
(D)(1)(a),
(b), (c),
(d), or (e) of this
section; | 960 |
| (ii) A violation of section 2907.21 of the Revised Code
when | 974 |
|
the person who is compelled, induced, procured, encouraged, | 975 |
|
solicited, requested, or facilitated to engage in, paid or agreed | 976 |
|
to be paid for, or allowed to engage in the sexual activity in | 977 |
|
question is under eighteen years of age; | 978 |
| (d) Subject to division (D)(2)(i) of this section, a | 990 |
|
violation of section 2903.01, 2903.02, 2903.11, 2905.01, or | 991 |
|
2905.02 of the Revised Code, a violation of division (A) of | 992 |
|
section 2903.04 of the Revised Code, or an attempt to violate any | 993 |
|
of those sections or that division that is committed with a
sexual | 994 |
| motivation; | 995 |
| (e) Subject to division (D)(2)(i) of this section, a | 996 |
|
violation of division (A)(1) or (3) of section 2907.321, division | 997 |
|
(A)(1) or (3) of section 2907.322, or division (A)(1) or (2) of | 998 |
|
section 2907.323 of the Revised Code, or an attempt to violate any | 999 |
|
of those divisions, if the person who violates or attempts to | 1000 |
|
violate the division is four or more years older than the minor | 1001 |
|
who is the victim of the
violation; | 1002 |
| (g) Subject to division (D)(2)(i) of this section, any | 1009 |
|
violation of any former law of this state, any existing or former | 1010 |
|
municipal ordinance or law of another state or the United States,
| 1011 |
| any existing or former law applicable in a military court or in
an | 1012 |
| Indian tribal court, or any existing or former law of any nation | 1013 |
| other than the United States, that is or was substantially | 1014 |
| equivalent to
any offense listed in division (D)(2)(a), (b), (c), | 1015 |
| (d), (e), or (f) of
this section and that, if committed by an | 1016 |
| adult, would be a felony
of the first, second, third, or fourth | 1017 |
| degree; | 1018 |
| (2) The person has been adjudicated a delinquent child for | 1034 |
|
committing a
sexually oriented offense that is not a | 1035 |
| registration-exempt sexually oriented offense, was fourteen years | 1036 |
| of age
or older at
the time of committing the offense, was | 1037 |
| classified a
juvenile
offender registrant based on that | 1038 |
| adjudication, and
is
likely to engage in the future in one or more | 1039 |
| sexually oriented
offenses. | 1040 |
| (1) The release is on parole, a conditional pardon,
under a | 1044 |
| community control sanction, under transitional
control, or under a | 1045 |
| post-release
control sanction, and it requires
the person to | 1046 |
| report to or be
supervised by a parole officer,
probation officer, | 1047 |
| field officer,
or another type of supervising
officer. | 1048 |
| (1) The offender is convicted of or pleads guilty to | 1058 |
|
committing, on or after January 1, 1997, a sexually oriented | 1059 |
|
offense that is a sexually violent offense and that is not a | 1060 |
| registration-exempt sexually oriented offense and also is | 1061 |
| convicted
of or pleads guilty to a sexually violent predator | 1062 |
| specification
that was included in the indictment, count in the | 1063 |
| indictment, or
information that charged the sexually violent | 1064 |
| offense. | 1065 |
| (3)
The delinquent child is adjudicated a delinquent child | 1072 |
|
for committing a
sexually oriented offense that is not a | 1073 |
| registration-exempt sexually oriented offense, was fourteen years | 1074 |
|
of
age or older at the time of committing the offense, and has | 1075 |
| been
classified a juvenile offender registrant based on that | 1076 |
|
adjudication,
and the adjudicating judge
or
that judge's successor | 1077 |
|
in office determines pursuant to division
(B) of
section 2950.09 | 1078 |
|
or pursuant
to
section
2152.82, 2152.83,
2152.84,
or
2152.85
of | 1079 |
|
the
Revised
Code that the
delinquent child
is a
sexual
predator. | 1080 |
| (4) Prior to January 1, 1997, the offender was convicted
of | 1081 |
|
or pleaded guilty to, and was sentenced for, a sexually
oriented | 1082 |
|
offense that is not a registration-exempt sexually oriented | 1083 |
| offense, the offender is imprisoned in a state
correctional | 1084 |
|
institution on or after January 1, 1997, and the
court determines | 1085 |
|
pursuant to division (C) of section 2950.09 of
the Revised Code | 1086 |
|
that the offender is a sexual predator. | 1087 |
| (5) Regardless of when the sexually oriented offense was | 1088 |
|
committed, the offender
or delinquent child is convicted of or | 1089 |
|
pleads guilty to,
has been convicted of or pleaded guilty to,
or | 1090 |
|
is adjudicated a
delinquent child for committing a sexually | 1091 |
|
oriented offense that is not a registration-exempt sexually | 1092 |
| oriented offense in
another state, in a federal court, military | 1093 |
|
court, or Indian
tribal court, or in a court in any nation other | 1094 |
| than the United States, as a result of that conviction,
plea of | 1095 |
| guilty,
or adjudication, the offender
or delinquent
child
is | 1096 |
| required,
under the law of the jurisdiction in which the
offender | 1097 |
| was
convicted or pleaded guilty
or the delinquent child
was | 1098 |
|
adjudicated, to register as a sex offender until the
offender's
or | 1099 |
|
delinquent child's death, and, on or after July 1, 1997,
for | 1100 |
| offenders or
January 1, 2002, for
delinquent children, the | 1101 |
|
offender
or
delinquent
child moves to and
resides in this state or | 1102 |
|
temporarily
is
domiciled in this state
for more than five days or | 1103 |
| the offender is required under section 2950.04 of the Revised Code | 1104 |
| to register a school, institution of higher education, or place of | 1105 |
| employment address in this state,
unless a
court
of common pleas | 1106 |
|
or
juvenile court determines that
the
offender
or delinquent
child | 1107 |
|
is
not a sexual predator pursuant
to
division (F) of section | 1108 |
|
2950.09
of the Revised Code. | 1109 |
| (J) "Juvenile offender registrant" means a person who is | 1116 |
|
adjudicated a delinquent child for committing on or after
January | 1117 |
|
1, 2002, a sexually
oriented offense that is not a | 1118 |
| registration-exempt sexually oriented offense or a child-victim | 1119 |
| oriented offense, who
is fourteen years of age
or older at the | 1120 |
|
time of committing the
offense, and who a juvenile
court judge, | 1121 |
|
pursuant to an order
issued under section 2152.82,
2152.83, | 1122 |
|
2152.84, or 2152.85 of the
Revised Code, classifies
a
juvenile
| 1123 |
| offender registrant and
specifies has a duty to
comply with | 1124 |
| sections 2950.04, 2950.05, and 2950.06 of the
Revised Code if the | 1125 |
| child committed a sexually oriented offense or with sections | 1126 |
| 2950.041, 2950.05, and 2950.06 of the Revised Code if the child | 1127 |
| committed a child-victim oriented offense. "Juvenile offender | 1128 |
registrant" includes a person who, prior to the effective date of | 1129 |
this amendmentJuly 31, 2003, was a "juvenile sex offender | 1130 |
| registrant" under the former definition of that former term. | 1131 |
| (L) "Out-of-state juvenile offender registrant" means a | 1138 |
|
person who is adjudicated a delinquent child in a court in another | 1139 |
| state, in a federal court,
military court, or Indian tribal court, | 1140 |
| or in a court in any nation other than the United States for | 1141 |
| committing a sexually oriented offense that is not a | 1142 |
| registration-exempt sexually oriented offense or a child-victim | 1143 |
| oriented offense, who on or after
January 1,
2002, moves to and | 1144 |
|
resides in this
state or temporarily is
domiciled in this state | 1145 |
|
for more than
five days, and who has a duty under
section 2950.04 | 1146 |
| of the
Revised Code to register in this
state and the duty to | 1147 |
| otherwise comply with that section and sections 2950.05 and | 1148 |
| 2950.06 of the Revised Code if the child committed a sexually | 1149 |
| oriented offense or has a duty under section 2950.041 of the | 1150 |
| Revised Code to register in this state and the duty to otherwise | 1151 |
| comply with that section and sections 2950.05 and 2950.06 of the | 1152 |
| Revised Code if the child committed a child-victim oriented | 1153 |
| offense. "Out-of-state juvenile offender registrant" includes a | 1154 |
person who, prior to the effective date of this amendmentJuly 31, | 1155 |
| 2003, was an "out-of-state juvenile sex offender registrant" under | 1156 |
| the former definition of that former term. | 1157 |
| (P)(1) "Presumptive registration-exempt sexually oriented | 1170 |
| offense" means any of the following sexually oriented offenses | 1171 |
| described in division (P)(1)(a), (b), (c), (d), or (e) of this | 1172 |
| section, when the offense is committed by a person who previously | 1173 |
| has not been convicted of, pleaded guilty to, or adjudicated a | 1174 |
| delinquent child for committing any sexually oriented offense | 1175 |
| described in division (P)(1)(a), (b), (c), (d), or (e) of this | 1176 |
| section, any other sexually oriented offense, or any child-victim | 1177 |
| oriented offense and when the victim or intended victim of the | 1178 |
| offense is eighteen years of age or older: | 1179 |
| (b) Any violation of any former law of this state, any | 1185 |
| existing or former municipal ordinance or law of another state or | 1186 |
| the United States, any existing or former law applicable in a | 1187 |
| military court or in an Indian tribal court, or any existing or | 1188 |
| former law of any nation other than the United States that is | 1189 |
| committed by a person who is eighteen years of age or older and | 1190 |
| that is or was substantially equivalent to any sexually oriented | 1191 |
| offense listed in division (P)(1)(a) of this section; | 1192 |
| (c) Subject to division (P)(1)(e) of this section, any | 1193 |
| violation of any former law of this state, any existing or former | 1194 |
| municipal ordinance or law of another state or the United States, | 1195 |
| any existing or former law applicable in a military court or in an | 1196 |
| Indian tribal court, or any existing or former law of any nation | 1197 |
| other than the United States that is committed by a person who is | 1198 |
| under eighteen years of age, that is or was substantially | 1199 |
| equivalent to any sexually oriented offense listed in division | 1200 |
| (P)(1)(a) of this section, and that would be a felony of the | 1201 |
| fourth degree if committed by an adult; | 1202 |
| (2) "Presumptive registration-exempt sexually oriented | 1214 |
| offense" does not include any sexually oriented offense described | 1215 |
| in division (P)(1)(a), (b), (c), (d), or (e) of this section that | 1216 |
| is committed by a person who previously has been convicted of, | 1217 |
| pleaded guilty to, or adjudicated a delinquent child for | 1218 |
| committing any sexually oriented offense described in division | 1219 |
| (P)(1)(a), (b), (c), (d), or (e) of this section or any other | 1220 |
| sexually oriented offense. | 1221 |
| (Q)(1) "Registration-exempt sexually oriented offense" means | 1222 |
| any presumptive registration-exempt sexually oriented offense, if | 1223 |
| a court does not issue an order under section 2950.021 of the | 1224 |
| Revised Code that removes the presumptive exemption and subjects | 1225 |
| the offender who was convicted of or pleaded guilty to the offense | 1226 |
| to registration under section 2950.04 of the Revised Code and all | 1227 |
| other duties and responsibilities generally imposed under this | 1228 |
| chapter upon persons who are convicted of or plead guilty to any | 1229 |
| sexually oriented offense other than a presumptive | 1230 |
| registration-exempt sexually oriented offense or that removes the | 1231 |
| presumptive exemption and potentially subjects the child who was | 1232 |
| adjudicated a delinquent child for committing the offense to | 1233 |
classification as a juvenile offender registrant under sections | 1234 |
| section 2152.82, 2152.83, 2152.84, or 2152.85 of the Revised Code | 1235 |
| and to registration under section 2950.04 of the Revised Code and | 1236 |
| all other duties and responsibilities generally imposed under this | 1237 |
| chapter upon persons who are adjudicated delinquent children for | 1238 |
| committing a sexually oriented offense other than a presumptive | 1239 |
| registration-exempt sexually oriented offense. | 1240 |
| (ii) A violation of any former law of this state, any | 1260 |
| existing or former municipal ordinance or law of another state or | 1261 |
| the United States, any existing or former law applicable in a | 1262 |
| military court or in an Indian tribal court, or any existing or | 1263 |
| former law of any nation other than the United States, that is or | 1264 |
| was substantially equivalent to any offense listed in division | 1265 |
| (S)(1)(a)(i) of this section; | 1266 |
| (ii) Subject to division (S)(1)(b)(iv) of this section, any | 1278 |
| violation of any former law of this state, any existing or former | 1279 |
| municipal ordinance or law of another state or the United States, | 1280 |
| any existing or former law applicable in a military court or in an | 1281 |
| Indian tribal court, or any existing or former law of any nation | 1282 |
| other than the United States, that is or was substantially | 1283 |
| equivalent to any offense listed in division (S)(1)(b)(i) of this | 1284 |
| section and that, if committed by an adult, would be a felony of | 1285 |
| the first, second, third, or fourth degree; | 1286 |
| (a) The person is convicted of or pleads guilty to a | 1306 |
| child-victim oriented offense, or the person is adjudicated a | 1307 |
| delinquent child for committing on or after January 1, 2002, a | 1308 |
| child-victim oriented offense, was fourteen years of age or older | 1309 |
| at the time of committing the offense, and is classified a | 1310 |
| juvenile offender registrant based on that adjudication. | 1311 |
| (i) Regarding a person who is an offender, the person | 1313 |
| previously was convicted of or pleaded guilty to one or more | 1314 |
| child-victim oriented offenses or previously was adjudicated a | 1315 |
| delinquent child for committing one or more child-victim oriented | 1316 |
| offenses and was classified a juvenile offender registrant or | 1317 |
| out-of-state juvenile offender registrant based on one or more of | 1318 |
| those adjudications, regardless of when the offense was committed | 1319 |
| and regardless of the person's age at the time of committing the | 1320 |
| offense. | 1321 |
| (2) "Habitual child-victim offender" includes a person who | 1327 |
| has been convicted of, pleaded guilty to, or adjudicated a | 1328 |
| delinquent child for committing, a child-victim oriented offense | 1329 |
| and who, on and after the effective date of this amendment, is | 1330 |
| automatically classified a habitual child-victim offender pursuant | 1331 |
| to division (E) of section 2950.091 of the Revised Code. | 1332 |
| (1) The offender or delinquent child has been convicted of, | 1349 |
| pleaded guilty to, or adjudicated a delinquent child for | 1350 |
committing, a child-victim oriented offense and, on and after the | 1351 |
effective date of this amendmentJuly 31, 2003, is automatically | 1352 |
| classified a child-victim predator pursuant to division (A) of | 1353 |
| section 2950.091 of the Revised Code. | 1354 |
| (3) The delinquent child is adjudicated a delinquent child | 1361 |
| for committing a child-victim oriented offense, was fourteen years | 1362 |
| of age or older at the time of committing the offense, and has | 1363 |
| been classified a juvenile offender registrant based on that | 1364 |
| adjudication, and the adjudicating judge or that judge's successor | 1365 |
| in office determines pursuant to division (B) of section 2950.09 | 1366 |
| or pursuant to section 2152.82, 2152.83, 2152.84, or 2152.85 of | 1367 |
| the Revised Code that the delinquent child is a child-victim | 1368 |
| predator. | 1369 |
| (4) Prior to the effective date of this section, the offender | 1370 |
| was convicted of or pleaded guilty to a child-victim oriented | 1371 |
| offense, at the time of the conviction or guilty plea, the offense | 1372 |
was considered a sexually oriented offense, on or after the | 1373 |
effective date of this amendmentJuly 31, 2003, the offender is | 1374 |
| serving a term of imprisonment in a state correctional | 1375 |
| institution, and the court determines pursuant to division (C) of | 1376 |
| section 2950.091 of the Revised Code that the offender is a | 1377 |
| child-victim predator. | 1378 |
| (5) Regardless of when the child-victim oriented offense was | 1379 |
| committed, the offender or delinquent child is convicted, pleads | 1380 |
| guilty, has been convicted, pleaded guilty, or adjudicated a | 1381 |
| delinquent child in a court in another state, in a federal court, | 1382 |
| military court, or Indian tribal court, or in a court in any | 1383 |
| nation other than the United States for committing a child-victim | 1384 |
| oriented offense, as a result of that conviction, plea of guilty, | 1385 |
| or adjudication, the offender or delinquent child is required | 1386 |
| under the law of the jurisdiction in which the offender was | 1387 |
| convicted or pleaded guilty or the delinquent child was | 1388 |
| adjudicated, to register as a child-victim offender or sex | 1389 |
| offender until the offender's or delinquent child's death, and, on | 1390 |
| or after July 1, 1997, for offenders or January 1, 2002, for | 1391 |
| delinquent children the offender or delinquent child moves to and | 1392 |
| resides in this state or temporarily is domiciled in this state | 1393 |
| for more than five days or the offender is required under section | 1394 |
| 2950.041 of the Revised Code to register a school, institution of | 1395 |
| higher education, or place of employment address in this state, | 1396 |
| unless a court of common pleas or juvenile court determines that | 1397 |
| the offender or delinquent child is not a child-victim predator | 1398 |
| pursuant to division (F) of section 2950.091 of the Revised Code. | 1399 |
| (Y) "Multi-unit building" means a building in which is | 1412 |
| located more than twelve residential units that have entry doors | 1413 |
| that open directly into the unit from a hallway that is shared | 1414 |
| with one or more other units. A residential unit is not considered | 1415 |
| located in a multi-unit building if the unit does not have an | 1416 |
| entry door that opens directly into the unit from a hallway that | 1417 |
| is shared with one or more other units or if the unit is in a | 1418 |
| building that is not a multi-unit building as described in this | 1419 |
| division. | 1420 |
| Sec. 2951.011. (A)(1) Chapter 2951. of the Revised Code, as | 1426 |
|
it
existed prior to
July 1, 1996, applies to a person upon whom a | 1427 |
|
court imposed a term of
imprisonment prior to
July 1, 1996, and a | 1428 |
|
person upon whom a court, on or after
July 1, 1996, and in | 1429 |
|
accordance with law existing prior to July 1, 1996,
imposed a term | 1430 |
|
of imprisonment for an offense that was committed prior to
July 1, | 1431 |
|
1996. | 1432 |
| (B)(1) Except as provided in division (A)(1) of this
section, | 1437 |
|
Chapter 2951. of the Revised
Code, as it existed prior to
January | 1438 |
|
1,
2004, applies to a person upon whom a court imposed a
sentence | 1439 |
|
for
a misdemeanor offense prior
to January 1, 2004, and a
person | 1440 |
|
upon
whom a court, on or after January
1, 2004, and in
accordance | 1441 |
|
with law
existing prior to January 1,
2004, imposed a
sentence for | 1442 |
|
a
misdemeanor offense that was committed
prior to
January 1, 2004. | 1443 |
| Sec. 2967.14. (A) The adult parole authority may require
a | 1449 |
|
parolee or releasee to reside in a halfway house or other suitable | 1450 |
|
community residential center that has been licensed by the | 1451 |
|
division of parole and community services pursuant to division (C) | 1452 |
|
of this
section during a part
or for the entire period of the | 1453 |
|
parolee's conditional release or of the
releasee's term of | 1454 |
|
post-release control. The court of common pleas that
placed an | 1455 |
|
offender under a sanction consisting of a term in a halfway house | 1456 |
|
or
in an alternative residential sanction
may require the offender | 1457 |
|
to reside in a halfway house or other
suitable community | 1458 |
|
residential center that is designated by the court and
that has | 1459 |
|
been licensed by the division pursuant to division (C)
of this | 1460 |
|
section during a part or for the entire period of the
offender's | 1461 |
|
residential sanction. | 1462 |
| (B) The division of parole and community services may | 1463 |
|
negotiate and enter into agreements
with any public or private | 1464 |
|
agency or a department or political
subdivision of the state that | 1465 |
|
operates a halfway house or
community residential center that has | 1466 |
|
been licensed by the
division pursuant to division (C) of this | 1467 |
|
section. An agreement
under this division shall provide for
the | 1468 |
| purchase of beds, shall set
limits of supervision and levels of | 1469 |
| occupancy, and shall determine
the scope of services for all | 1470 |
| eligible offenders, including those
subject to a residential | 1471 |
| sanction, as defined in rules adopted by
the director of | 1472 |
|
rehabilitation and correction in accordance with
Chapter 119.
of | 1473 |
| the Revised Code.
The
payments
for beds and
services shall be | 1474 |
| equal to the halfway house's or community
residential center's | 1475 |
| average daily per capita costs with its
facility at full | 1476 |
| occupancy. The
payments
for beds and
services shall not
exceed the | 1477 |
| total operating costs of the halfway
house or
community | 1478 |
| residential center during the term of an
agreement.
The director | 1479 |
| of rehabilitation and correction shall
adopt rules
in accordance | 1480 |
| with Chapter 119. of the Revised Code
for
determining includable | 1481 |
| and excludable costs and income to be
used
in computing the | 1482 |
| agency's average daily per capita costs with
its
facility at full | 1483 |
| occupancy. | 1484 |
| The department of rehabilitation and correction may use
no | 1485 |
| more than ten per cent of the amount appropriated to
the | 1486 |
| department each fiscal
year for the halfway house and
community | 1487 |
| residential center
program to pay for contracts for
nonresidential | 1488 |
| services for
offenders under the supervision of the
adult parole | 1489 |
| authority.
The nonresidential services may include,
but are not | 1490 |
| limited to,
treatment for
substance abuse, mental
health | 1491 |
|
counseling,
and
counseling for sex offenders. | 1492 |
| (C) The division of parole and community services may
license | 1493 |
| a halfway house
or community residential center as a
suitable | 1494 |
| facility for the
care and treatment of adult offenders, including | 1495 |
| offenders sentenced under section 2929.16 or 2929.26 of the | 1496 |
| Revised Code,
only if the halfway house
or community residential | 1497 |
| center complies
with the standards that
the division adopts in | 1498 |
| accordance with
Chapter 119. of the
Revised Code for the licensure | 1499 |
| of halfway
houses and community
residential centers. The division | 1500 |
| shall
annually inspect each
licensed halfway house and licensed | 1501 |
|
community residential center
to determine if it is in compliance | 1502 |
|
with the licensure standards. | 1503 |
| Section 5. This act is hereby declared to be an emergency | 1518 |
| measure necessary for the immediate preservation of the public | 1519 |
| peace, health, and safety. The reason for such necessity is that | 1520 |
| Am. Sub. H.B. 490 of the 124th General Assembly, which made | 1521 |
| numerous changes to the law governing misdemeanor sentencing that | 1522 |
| are scheduled to take effect January 1, 2004, requires certain | 1523 |
| technical corrections and clarifications to ensure the proper | 1524 |
| administration of justice. Therefore, this act shall go into | 1525 |
| immediate effect. | 1526 |