| Section 1. That sections 2151.313, 2152.72, 2929.14, | 19 |
| 2929.19, 2930.13, 2967.28, 3301.0714, 3313.64, 3313.662, 3314.03, | 20 |
| 3323.01, and 4301.69 be amended; that section 2151.357 (2151.362) | 21 |
| be amended for the purpose of adopting a new section number as | 22 |
| indicated in parentheses; and that new sections 2151.357 and | 23 |
| 2151.358 and sections 2151.355, 2151.356, and 2919.191 of the | 24 |
| Revised Code be enacted to read as follows: | 25 |
| (2) Subject to division (A)(3) of this section, a
law | 31 |
|
enforcement officer may fingerprint and
photograph a child without | 32 |
|
the consent of the juvenile judge when
the child is arrested or | 33 |
|
otherwise taken into custody for the
commission of an act that | 34 |
|
would be an offense, other than a
traffic offense or a minor | 35 |
|
misdemeanor, if committed by an
adult, and there is probable cause | 36 |
|
to believe that the child may
have been involved in the commission | 37 |
|
of the act. A law
enforcement officer who takes fingerprints or | 38 |
|
photographs of a
child under division (A)(2) of this section | 39 |
|
immediately shall inform the juvenile
court that the fingerprints | 40 |
|
or photographs were taken and shall
provide the court with the | 41 |
|
identity of the child, the number of
fingerprints and photographs | 42 |
|
taken, and the name and address of
each person who has custody and | 43 |
|
control of the fingerprints or
photographs or copies of the | 44 |
|
fingerprints or photographs. | 45 |
| (B)(1) Subject to divisions (B)(4), (5), and (6) of this | 56 |
|
section, all fingerprints and photographs of a child obtained or | 57 |
|
taken under division (A)(1) or (2) of this section, and any | 58 |
|
records of the arrest or custody of the child that was the basis | 59 |
|
for the taking of the fingerprints or photographs, initially may | 60 |
|
be retained only until the expiration of thirty days after the | 61 |
|
date taken, except that the court may limit the initial retention | 62 |
|
of fingerprints and photographs of a child obtained under
division | 63 |
|
(A)(1) of this section to a shorter period of time and
except | 64 |
|
that, if the child is adjudicated a delinquent child for
the | 65 |
|
commission of an act described in division (B)(3) of this
section | 66 |
|
or is convicted of or pleads guilty to a criminal offense
for the | 67 |
|
commission of an act described in division (B)(3) of this
section, | 68 |
|
the fingerprints and photographs, and the records of the
arrest or | 69 |
|
custody of the child that was the basis for the taking
of the | 70 |
|
fingerprints and photographs, shall be retained in
accordance with | 71 |
|
division (B)(3) of this section. During the
initial period of | 72 |
|
retention, the fingerprints and photographs of
a child, copies of | 73 |
|
the fingerprints and photographs, and records
of the arrest or | 74 |
|
custody of the child shall be used or released
only in accordance | 75 |
|
with division (C) of this section. At the
expiration of the | 76 |
|
initial period for which fingerprints and
photographs of a child, | 77 |
|
copies of fingerprints and photographs of
a child, and records of | 78 |
|
the arrest or custody of a child may be
retained under this | 79 |
|
division, if no complaint, indictment, or
information is pending | 80 |
|
against
the child in relation to the act for which the | 81 |
|
fingerprints and
photographs originally were obtained or taken and | 82 |
|
if the child
has neither been adjudicated a delinquent child for | 83 |
|
the
commission of that act nor been convicted of or pleaded guilty | 84 |
|
to
a criminal offense based on that act subsequent to a transfer | 85 |
|
of
the child's case for criminal prosecution pursuant to section | 86 |
|
2152.12 of the Revised Code, the fingerprints and
photographs of | 87 |
|
the child, all copies of the fingerprints and photographs, and
all | 88 |
|
records of the arrest or custody of the child that was the
basis | 89 |
|
of the taking of the fingerprints and photographs shall be
removed | 90 |
|
from the file and delivered to the juvenile court. | 91 |
| (2) If, at the expiration of the initial period of
retention | 92 |
|
set forth in division (B)(1) of this section, a
complaint, | 93 |
indictment, or information is pending agaistagainst the
child in | 94 |
|
relation
to the act for
which the fingerprints and photographs | 95 |
|
originally
were obtained
or the child either has been adjudicated | 96 |
|
a
delinquent child for
the commission of an act other than an act | 97 |
|
described in division
(B)(3) of this section or has been convicted | 98 |
|
of or pleaded guilty
to a criminal offense for the commission of | 99 |
|
an act other than an
act described in division (B)(3) of this | 100 |
|
section subsequent to
transfer of the child's case, the | 101 |
|
fingerprints and photographs of
the child, copies of the | 102 |
|
fingerprints and photographs, and the
records of the arrest or | 103 |
|
custody of the child that was the basis
of the taking of the | 104 |
|
fingerprints and photographs may further be
retained, subject to | 105 |
|
division (B)(4) of this section, until the
earlier of the | 106 |
|
expiration of two years after the date on which
the fingerprints | 107 |
|
or photographs were taken or the child attains
eighteen years of | 108 |
|
age, except that, if the child is adjudicated a
delinquent child | 109 |
|
for the commission of an act described in
division (B)(3) of this | 110 |
|
section or is convicted of or pleads
guilty to a criminal offense | 111 |
|
for the commission of an act
described in division (B)(3) of this | 112 |
|
section, the fingerprints
and photographs, and the records of the | 113 |
|
arrest or custody of the
child that was the basis for the taking | 114 |
|
of the fingerprints and
photographs, shall be retained in | 115 |
|
accordance with division (B)(3)
of this section. | 116 |
| Except as otherwise provided in division (B)(3) of this | 117 |
|
section, during this additional period of retention, the | 118 |
|
fingerprints and photographs of a child, copies of the | 119 |
|
fingerprints and photographs of a child, and records of the
arrest | 120 |
|
or custody of a child shall be used or released only in
accordance | 121 |
|
with division (C) of this section. At the expiration
of the | 122 |
|
additional period, if no complaint, indictment, or
information is | 123 |
|
pending against the
child in relation to the act for which the | 124 |
|
fingerprints
originally were obtained or taken or in relation to | 125 |
|
another act
for which the fingerprints were used as authorized by | 126 |
|
division
(C) of this section and that would be a felony if | 127 |
|
committed by an
adult, the fingerprints of the child, all copies | 128 |
|
of the
fingerprints, and all records of the arrest or custody of | 129 |
|
the
child that was the basis of the taking of the fingerprints | 130 |
|
shall
be removed from the file and delivered to the juvenile | 131 |
|
court, and,
if no complaint, indictment, or information is pending | 132 |
|
against
the child concerning the act
for which the photographs | 133 |
|
originally were obtained or taken
or concerning an act that would | 134 |
|
be a felony if committed by an
adult, the photographs and all | 135 |
|
copies of the photographs, and, if
no fingerprints were taken at | 136 |
|
the time the photographs were
taken, all records of the arrest or | 137 |
|
custody that was the basis of
the taking of the photographs shall | 138 |
|
be removed from the file and
delivered to the juvenile court. In | 139 |
|
either case, if, at the
expiration of the applicable additional | 140 |
|
period, such a complaint,
indictment, or information is pending | 141 |
|
against the child, the
photographs and copies of the
photographs | 142 |
|
of the child, or the fingerprints and copies of the
fingerprints | 143 |
|
of the child, whichever is applicable, and the
records of the | 144 |
|
arrest or custody of the child may be retained,
subject to | 145 |
|
division (B)(4) of this section, until final
disposition of the | 146 |
|
complaint, indictment, or information, and,
upon final disposition | 147 |
|
of the
complaint, indictment, or information, they shall be | 148 |
|
removed
from the file and delivered to
the juvenile court, except | 149 |
|
that, if the child is adjudicated a
delinquent child for the | 150 |
|
commission of an act described in
division (B)(3) of this section | 151 |
|
or is convicted of or pleads
guilty to a criminal offense for the | 152 |
|
commission of an act
described in division (B)(3) of this section, | 153 |
|
the fingerprints
and photographs, and the records of the arrest or | 154 |
|
custody of the
child that was the basis for the taking of the | 155 |
|
fingerprints and
photographs, shall be retained in accordance with | 156 |
|
division (B)(3)
of this section. | 157 |
| (a) Originals and copies of fingerprints and photographs
of | 168 |
|
the child obtained or taken under division (A)(1) of this
section, | 169 |
|
and any records of the arrest or custody that was the
basis for | 170 |
|
the taking of the fingerprints or photographs, may be
retained for | 171 |
|
the period of time specified by the juvenile judge
in that judge's | 172 |
|
grant of consent for the taking of the fingerprints
or | 173 |
|
photographs. Upon the expiration of the specified period, all | 174 |
|
originals and copies of the fingerprints, photographs, and
records | 175 |
|
shall be delivered to the juvenile court or otherwise
disposed of | 176 |
|
in accordance with any instructions specified by the
juvenile | 177 |
|
judge in that judge's grant of consent. During the period
of | 178 |
|
retention of the photographs and records, all originals and
copies | 179 |
|
of them shall be retained in a file separate and apart
from all | 180 |
|
photographs taken of adults. During the period of
retention of
the | 181 |
| fingerprints, all originals and copies of them
may be
maintained | 182 |
| in the files of fingerprints taken of adults.
If the
juvenile | 183 |
| judge who grants consent for the taking of
fingerprints
and | 184 |
| photographs under division (A)(1) of this
section does not
specify | 185 |
| a period of retention in that judge's
grant of
consent,
originals | 186 |
| and copies of the fingerprints, photographs,
and records
may be | 187 |
| retained in accordance with this section as if
the
fingerprints | 188 |
| and photographs had been taken under division
(A)(2)
of this | 189 |
| section. | 190 |
| (b) Originals and copies of fingerprints and photographs | 191 |
|
taken under division (A)(2) of this section, and any records of | 192 |
|
the arrest or custody that was the basis for the taking of the | 193 |
|
fingerprints or photographs, may be retained for the period of | 194 |
|
time and in the manner specified in division (B)(3)(b)
of this | 195 |
|
section. Prior to the
child's attainment of eighteen years of
age, | 196 |
| all originals and
copies of the photographs and records shall
be | 197 |
| retained and shall
be kept in a file separate and apart from
all | 198 |
| photographs taken
of adults. During the period of retention
of the | 199 |
| fingerprints,
all originals and copies of them may be
maintained | 200 |
| in the files
of fingerprints taken of adults. Upon the
child's | 201 |
| attainment of
eighteen years of age, all originals and
copies of | 202 |
| the
fingerprints, photographs, and records shall be
disposed of as | 203 |
|
follows: | 204 |
| (ii) If the juvenile judge does not issue and has not | 210 |
|
previously issued an order that specifies a manner of disposition | 211 |
|
of the originals and copies of the fingerprints not maintained in | 212 |
|
adult files, photographs, and records, the law enforcement
agency, | 213 |
|
in its discretion, either shall remove all originals and
copies of | 214 |
|
them from the file in which they had been maintained
and transfer | 215 |
|
them to the files that are used for the retention of
fingerprints | 216 |
|
and photographs taken of adults who are arrested
for, otherwise | 217 |
|
taken into custody for, or under investigation for
the commission | 218 |
|
of a criminal offense or shall remove them from
the file in which | 219 |
|
they had been maintained and deliver them to
the juvenile court. | 220 |
|
If the originals and copies of any
fingerprints of a child who | 221 |
|
attains eighteen years of age are
maintained in the files of | 222 |
|
fingerprints taken of adults or if
pursuant to division | 223 |
|
(B)(3)(b)(ii) of this section
the agency transfers the originals | 224 |
|
and
copies of any fingerprints not maintained in adult files, | 225 |
|
photographs, or records to the files that are used for the | 226 |
|
retention of fingerprints and photographs taken of adults who are | 227 |
|
arrested for, otherwise taken into custody for, or under | 228 |
|
investigation for the commission of a criminal offense, the | 229 |
|
originals and copies of the fingerprints, photographs, and
records | 230 |
|
may be maintained, used, and released after they are
maintained in | 231 |
|
the adult files or after the transfer as if the
fingerprints and | 232 |
|
photographs had been taken of, and as if the
records pertained to, | 233 |
|
an adult who was arrested for, otherwise
taken into custody for, | 234 |
|
or under investigation for the
commission of a criminal offense. | 235 |
(4) If a sealing or expungement order issued under section | 236 |
| sections 2151.356 to 2151.358 of the Revised Code requires the | 237 |
| sealing or destruction
of any fingerprints or photographs of a | 238 |
| child obtained or taken
under division (A)(1) or (2) of this | 239 |
| section or of the records of
an arrest or custody of a child that | 240 |
| was the basis of the taking
of the fingerprints or photographs | 241 |
| prior to the expiration of any
period for which they otherwise | 242 |
| could be retained under division
(B)(1), (2), or (3) of this | 243 |
| section, the fingerprints,
photographs, and arrest or custody | 244 |
| records that are subject to
the
order and all copies of the | 245 |
| fingerprints, photographs, and
arrest
or custody records shall be | 246 |
| sealed or destroyed in
accordance with
the order. | 247 |
| (5) All fingerprints of a child, photographs of a child, | 248 |
|
records of an arrest or custody of a child, and copies delivered | 249 |
|
to a juvenile court in accordance with division (B)(1), (2), or | 250 |
|
(3) of this section shall be destroyed by the court, provided | 251 |
|
that,
if a complaint is filed against the child in
relation to any | 252 |
|
act to which the records pertain, the court shall maintain all | 253 |
|
records of an arrest or custody of a
child so delivered for at | 254 |
|
least three years after the final
disposition of the case or after | 255 |
|
the case becomes inactive. | 256 |
| (b) If a child who is the subject of photographs or | 265 |
|
fingerprints is adjudicated a delinquent child for the commission | 266 |
|
of an act that would be an offense, other than a traffic
offense | 267 |
|
or a minor misdemeanor, if committed by an adult or is
convicted | 268 |
|
of or pleads guilty to a criminal offense, other than a traffic | 269 |
|
offense or a minor misdemeanor,
all fingerprints not maintained in | 270 |
|
the files of
fingerprints taken of adults and all photographs of | 271 |
|
the child,
and all records of the arrest or custody of the child | 272 |
|
that is the
basis of the taking of the fingerprints or | 273 |
|
photographs, that are
retained pursuant to division (B) of this | 274 |
|
section and not
delivered to a juvenile court shall be kept in a | 275 |
|
file separate
and apart from fingerprints, photographs, and arrest | 276 |
|
and custody
records of children who have not been adjudicated a | 277 |
|
delinquent
child for the commission of an act that would be an | 278 |
|
offense, other than a traffic offense or a minor misdemeanor, if | 279 |
|
committed by an adult and have not been convicted of or pleaded | 280 |
|
guilty to a criminal offense other than a traffic
offense or a | 281 |
|
minor misdemeanor. | 282 |
| (1) During the initial thirty-day period of retention, | 291 |
|
originals and copies of fingerprints and photographs of a child, | 292 |
|
and records of the arrest or custody of a child, shall be used, | 293 |
|
prior to the filing of a complaint or information against or the | 294 |
|
obtaining of an indictment of the child in relation
to the act for | 295 |
|
which the fingerprints and photographs were
originally obtained or | 296 |
|
taken, only for the investigation of that
act and shall be | 297 |
|
released, prior to the filing of the complaint,
only to a court | 298 |
|
that would have jurisdiction of the child's case
under this | 299 |
|
chapter. Subsequent to the filing of a complaint or information
or | 300 |
| the obtaining of an indictment,
originals and copies of | 301 |
|
fingerprints and photographs of a child,
and records of the arrest | 302 |
|
or custody of a child, shall be used or
released during the | 303 |
|
initial thirty-day period of retention only
as provided in | 304 |
|
division (C)(2)(a), (b), or (c) of this section. | 305 |
| (2) The appropriate public office or agency shall immediately | 408 |
| deliver all original records at that public office or agency | 409 |
| pertaining to a juvenile to the court, if the person was arrested | 410 |
| or taken into custody for allegedly committing a delinquent or | 411 |
| unruly act, no complaint was filed against the person with respect | 412 |
| to the commission of the act pursuant to section 2151.27 of the | 413 |
| Revised Code, and the person was not brought before or referred to | 414 |
| the court for the commission of the act. The records delivered to | 415 |
| the court as required under this division shall not include | 416 |
| fingerprints, DNA specimens, and DNA records described under | 417 |
| division (A)(3) of section 2151.357 of the Revised Code. | 418 |
| (C)(1) The juvenile court shall consider the sealing of | 419 |
| records pertaining to a juvenile upon the court's own motion or | 420 |
| upon the application of a person if the person has been | 421 |
| adjudicated a delinquent child for committing an act other than a | 422 |
| violation of section 2903.01, 2903.02, 2907.02, 2907.03, or | 423 |
| 2907.05 of the Revised Code, an unruly child, or a juvenile | 424 |
| traffic offender and if, at the time of the motion or application, | 425 |
| the person is not under the jurisdiction of the court in relation | 426 |
| to a complaint alleging the person to be a delinquent child. The | 427 |
| motion or application may be made at any time after two years | 428 |
| after the later of the following: | 429 |
| (ii) If the prosecuting attorney does not file a response | 452 |
| with the court or if the prosecuting attorney files a response but | 453 |
| indicates that the prosecuting attorney does not object to the | 454 |
| sealing of the records, the court may order the records of the | 455 |
| person that are under consideration to be sealed without | 456 |
| conducting a hearing on the motion or application. If the court | 457 |
| decides in its discretion to conduct a hearing on the motion or | 458 |
| application, the court shall conduct the hearing within thirty | 459 |
| days after making that decision and shall give notice, by regular | 460 |
| mail, of the date, time, and location of the hearing to the | 461 |
| prosecuting attorney and to the person who is the subject of the | 462 |
| records under consideration. | 463 |
| (B) Except as provided in division (D) of this section, an | 555 |
| order to seal under section 2151.356 of the Revised Code applies | 556 |
| to every public office or agency that has a record relating to the | 557 |
| case, regardless of whether it receives notice of the hearing on | 558 |
| the sealing of the record or a copy of the order. Except as | 559 |
| provided in division (D) of this section, upon the written request | 560 |
| of a person whose record has been sealed and the presentation of a | 561 |
| copy of the order and compliance with division (A)(3) of this | 562 |
| section, a public office or agency shall expunge its record | 563 |
| relating to the case, except a record of the adjudication or | 564 |
| arrest or taking into custody that is maintained for compiling | 565 |
| statistical data and that does not contain any reference to the | 566 |
| person who is the subject of the order. | 567 |
| (D) Notwithstanding any provision of this section that | 586 |
| requires otherwise, a board of education of a city, local, | 587 |
| exempted village, or joint vocational school district that | 588 |
| maintains records of an individual who has been permanently | 589 |
| excluded under sections 3301.121 and 3313.662 of the Revised Code | 590 |
| is permitted to maintain records regarding an adjudication that | 591 |
| the individual is a delinquent child that was used as the basis | 592 |
| for the individual's permanent exclusion, regardless of a court | 593 |
| order to seal the record. An order issued under section 2151.356 | 594 |
| of the Revised Code to seal the record of an adjudication that an | 595 |
| individual is a delinquent child does not revoke the adjudication | 596 |
| order of the superintendent of public instruction to permanently | 597 |
| exclude the individual who is the subject of the sealing order. An | 598 |
| order to seal the record of an adjudication that an individual is | 599 |
| a delinquent child may be presented to a district superintendent | 600 |
| as evidence to support the contention that the superintendent | 601 |
| should recommend that the permanent exclusion of the individual | 602 |
| who is the subject of the sealing order be revoked. Except as | 603 |
| otherwise authorized by this division and sections 3301.121 and | 604 |
| 3313.662 of the Revised Code, any school employee in possession of | 605 |
| or having access to the sealed adjudication records of an | 606 |
| individual that were the basis of a permanent exclusion of the | 607 |
| individual is subject to division (F) of this section. | 608 |
| (F) No officer or employee of the state or any of its | 634 |
| political subdivisions shall knowingly release, disseminate, or | 635 |
| make available for any purpose involving employment, bonding, | 636 |
| licensing, or education to any person or to any department, | 637 |
| agency, or other instrumentality of the state or of any of its | 638 |
| political subdivisions any information or other data concerning | 639 |
| any arrest, taking into custody, complaint, indictment, | 640 |
| information, trial, hearing, adjudication, or correctional | 641 |
| supervision, the records of which have been sealed pursuant to | 642 |
| section 2151.356 of the Revised Code and the release, | 643 |
| dissemination, or making available of which is not expressly | 644 |
| permitted by this section. Whoever violates this division is | 645 |
| guilty of divulging confidential information, a misdemeanor of the | 646 |
| fourth degree. | 647 |
| (H) The judgment rendered by the court under this chapter | 656 |
| shall not impose any of the civil disabilities ordinarily imposed | 657 |
| by conviction of a crime in that the child is not a criminal by | 658 |
| reason of the adjudication, and no child shall be charged with or | 659 |
| convicted of a crime in any court except as provided by this | 660 |
| chapter. The disposition of a child under the judgment rendered or | 661 |
| any evidence given in court shall not operate to disqualify a | 662 |
| child in any future civil service examination, appointment, or | 663 |
| application. Evidence of a judgment rendered and the disposition | 664 |
| of a child under the judgment is not admissible to impeach the | 665 |
| credibility of the child in any action or proceeding. Otherwise, | 666 |
| the disposition of a child under the judgment rendered or any | 667 |
| evidence given in court is admissible as evidence for or against | 668 |
| the child in any action or proceeding in any court in accordance | 669 |
| with the Rules of Evidence and also may be considered by any court | 670 |
| as to the matter of sentence or to the granting of probation, and | 671 |
| a court may consider the judgment rendered and the disposition of | 672 |
| a child under that judgment for purposes of determining whether | 673 |
| the child, for a future criminal conviction or guilty plea, is a | 674 |
| repeat violent offender, as defined in section 2929.01 of the | 675 |
| Revised Code. | 676 |
| (b) If the prosecuting attorney does not file a response with | 699 |
| the court or if the prosecuting attorney files a response but | 700 |
| indicates that the prosecuting attorney does not object to the | 701 |
| expungement of the records, the court may order the records of the | 702 |
| person that are under consideration to be expunged without | 703 |
| conducting a hearing on the application. If the court decides in | 704 |
| its discretion to conduct a hearing on the application, the court | 705 |
| shall conduct the hearing within thirty days after making that | 706 |
| decision and shall give notice, by regular mail, of the date, | 707 |
| time, and location of the hearing to the prosecuting attorney and | 708 |
| to the person who is the subject of the records under | 709 |
| consideration. | 710 |
Sec. 2151.357. Sec. 2151.362. (A)(1) In the manner prescribed by | 745 |
| division (C)(1) or (2)
of section 3313.64 of the Revised Code, as | 746 |
| applicable, the court, at the
time of
making any order that | 747 |
| removes a child from the child's own
home or
that vests legal or | 748 |
| permanent custody of the child in a person
other
than the child's | 749 |
| parent
or a government agency, shall
determine the school
district | 750 |
| that is to bear the cost of
educating the child. The
court shall | 751 |
| make the
determination a
part of the order that provides for
the | 752 |
| child's placement or
commitment. That school district shall bear | 753 |
| the cost of educating the child unless and until the court | 754 |
| modifies its order pursuant to division (A)(2) of this section. | 755 |
|
(2) If, while the child is in the custody of a person other | 756 |
| than the child's parent or a government agency, the department of | 757 |
| education notifies the court that the place of residence of the | 758 |
| child's parent has changed since the court issued its initial | 759 |
| order, the court may modify its order to name a different school | 760 |
| district to bear the cost of educating the child. The department | 761 |
| may submit the notice to the court upon receipt, from the school | 762 |
| district initially ordered to bear the cost of educating the | 763 |
| child, of evidence acceptable to the department that the residence | 764 |
| of the child's parent has changed since the court issued its | 765 |
| initial order. In the notice to the court, the department shall | 766 |
| recommend to the court whether a different district should be | 767 |
| ordered to bear the cost of educating the child and, if so, which | 768 |
| district should be so ordered. The department shall recommend to | 769 |
| the court the district in which the child's parent currently | 770 |
| resides or, if the parent's residence is not known, the district | 771 |
| in which the parent's last known residence is located. If the | 772 |
| department cannot determine any Ohio district in which the parent | 773 |
| currently resides or has resided, the school district designated | 774 |
| in the initial court order shall continue to bear the cost of | 775 |
| educating the child. | 776 |
| (C) Whenever a child is placed by the court in a private | 788 |
|
institution, school, or residential treatment center or
any other | 789 |
|
private facility, the state shall pay to the court a subsidy to | 790 |
|
help defray the expense of educating the child in an amount equal | 791 |
|
to the product of the daily per capita educational cost of the | 792 |
|
private
facility, as determined pursuant to this section, and the | 793 |
|
number of days the child resides at the private facility, provided | 794 |
|
that
the subsidy shall not exceed twenty-five
hundred dollars per | 795 |
|
year per child. The daily per capita educational cost
of a
private | 796 |
| facility shall be determined by dividing the actual
program cost | 797 |
|
of the private facility or twenty-five hundred
dollars, whichever | 798 |
| is less, by
three hundred sixty-five days or by
three hundred | 799 |
| sixty-six days for years
that include February
twenty-ninth. The | 800 |
|
state shall pay seventy-five per cent of the
total subsidy for | 801 |
| each year
quarterly to the court. The state may
adjust the | 802 |
| remaining twenty-five per
cent of the
total subsidy to
be paid to | 803 |
| the court for each year to an amount that is less
than
twenty-five | 804 |
| per cent of the total subsidy for that year based upon
the | 805 |
|
availability of funds appropriated to the department of
education | 806 |
| for the
purpose of subsidizing courts that place a child
in a | 807 |
| private institution,
school, or residential treatment center
or | 808 |
| any other private facility and
shall pay that adjusted amount
to | 809 |
| the court at the end of the year. | 810 |
| (d) The substantial and material conclusions and | 849 |
|
recommendations
of any
psychiatric or psychological examination | 850 |
|
conducted
on the child or, if no psychological or psychiatric | 851 |
|
examination of the child
is available, the substantial and | 852 |
|
material conclusions and recommendations of
an examination to | 853 |
|
detect mental and emotional disorders conducted in
compliance with | 854 |
|
the requirements of Chapter 4757. of the Revised Code by an | 855 |
|
independent social worker, social worker, professional clinical | 856 |
|
counselor, or
professional counselor licensed under that chapter. | 857 |
|
The entity shall not
provide any part of a psychological, | 858 |
|
psychiatric, or mental and emotional
disorder examination to the | 859 |
|
foster caregivers
or prospective adoptive parents other than the | 860 |
|
substantial and
material
conclusions. | 861 |
| (2) When a juvenile court grants temporary or permanent | 890 |
|
custody of a child
pursuant to any section of the Revised Code, | 891 |
|
including section 2151.33,
2151.353, 2151.354,
or 2152.19 of the | 892 |
|
Revised Code, to a public children services agency or
private | 893 |
|
child placing agency, the
court shall provide the agency the | 894 |
|
information described in division
(B) of this
section, pay the | 895 |
|
expenses of preparing that information, and, if a new
examination | 896 |
|
is required to be conducted, pay the expenses of
conducting the | 897 |
|
examination described in division (C) of this section.
On receipt | 898 |
|
of the information described in division (B) of this
section, the | 899 |
|
agency shall provide to the court written acknowledgment that the | 900 |
|
agency received the information. The court shall keep the | 901 |
|
acknowledgment and
provide a copy to the agency. On the motion of | 902 |
|
the agency, the court may
terminate the order granting
temporary | 903 |
|
or permanent custody of the child to that agency, if the court | 904 |
|
does
not provide the information described in division (B) of this | 905 |
|
section. | 906 |
| The agency receiving the information described in division | 924 |
|
(B) of
this section shall provide the entity
described in division | 925 |
|
(D)(3)(a) to (c)
of this section that sent the information written | 926 |
|
acknowledgment that the
agency received
the information and | 927 |
|
provided it to the foster caregivers
or prospective adoptive | 928 |
|
parents. The entity shall
keep the
acknowledgment and provide a | 929 |
|
copy
to the agency. An entity that
places a child in a certified | 930 |
|
foster home
or for adoption with the assistance of
or by | 931 |
|
contracting with an agency remains responsible to provide
the | 932 |
|
information described in division
(B) of this section to the | 933 |
|
foster caregivers
or prospective adoptive parents unless the | 934 |
|
entity receives written
acknowledgment that the agency provided | 935 |
|
the information. | 936 |
| (c) Except as provided in division
(D)(1)(e)
of this
section, | 1045 |
| if an offender who is convicted of or pleads
guilty to a
violation | 1046 |
| of section 2923.161 of the
Revised
Code or to a felony
that | 1047 |
| includes,
as an essential element, purposely or knowingly
causing | 1048 |
| or
attempting to cause the death of or physical harm to
another, | 1049 |
|
also is convicted of or pleads guilty to a specification
of the | 1050 |
|
type described in section 2941.146 of the
Revised
Code that | 1051 |
|
charges the offender
with committing the offense by discharging a | 1052 |
|
firearm from a
motor vehicle other than a manufactured
home, the | 1053 |
|
court, after imposing
a prison term on the offender for the | 1054 |
|
violation of section
2923.161 of the Revised
Code or for the other | 1055 |
|
felony
offense under division (A), (D)(2), or (D)(3) of this | 1056 |
|
section, shall
impose an additional prison term of five years upon | 1057 |
|
the offender
that shall not be reduced pursuant to section | 1058 |
|
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 1059 |
|
or Chapter 5120. of the Revised Code. A
court shall not impose | 1060 |
|
more than one additional prison term on an offender under
division | 1061 |
|
(D)(1)(c) of this section for felonies committed as
part of the | 1062 |
|
same
act or transaction. If a court imposes an additional prison | 1063 |
|
term on an
offender under division (D)(1)(c) of this section | 1064 |
|
relative to an offense, the court also shall
impose a prison term | 1065 |
|
under division
(D)(1)(a) of this section
relative to the same | 1066 |
|
offense, provided the criteria specified in that division
for | 1067 |
|
imposing an additional prison term are satisfied relative to the | 1068 |
|
offender
and the offense. | 1069 |
| (d)
If an offender who is convicted of or pleads guilty to | 1070 |
|
an offense
of violence that is a felony also is convicted of or | 1071 |
|
pleads guilty to a
specification of the type described in section | 1072 |
|
2941.1411 of the Revised Code that charges the
offender with | 1073 |
|
wearing or carrying body armor
while committing the felony offense | 1074 |
|
of violence, the court shall
impose on the offender a prison term | 1075 |
|
of two years. The prison
term so imposed shall not be reduced | 1076 |
|
pursuant to section 2929.20,
section 2967.193, or any other | 1077 |
|
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 1078 |
| court shall not impose more
than one prison term
on an offender | 1079 |
|
under division
(D)(1)(d) of this section for
felonies committed as | 1080 |
|
part of
the same act or transaction. If a
court imposes an | 1081 |
|
additional prison
term under division (D)(1)(a)
or (c)
of this | 1082 |
|
section, the
court is not precluded from imposing
an additional | 1083 |
|
prison term under
division (D)(1)(d) of this
section. | 1084 |
|
(f) If an offender is convicted of or pleads guilty to a
| 1100 |
|
felony that includes, as an essential element, causing or
| 1101 |
|
attempting to cause
the death of or physical
harm to another and
| 1102 |
|
also is convicted of or pleads guilty to a
specification of the
| 1103 |
|
type described in section 2941.1412 of the
Revised Code that
| 1104 |
|
charges the
offender with committing the offense by discharging a
| 1105 |
|
firearm at a
peace officer as defined in section 2935.01 of the
| 1106 |
|
Revised Code or a corrections officer as defined in section | 1107 |
|
2941.1412 of the Revised Code, the court, after imposing a
prison | 1108 |
|
term on the
offender for the felony offense under division (A), | 1109 |
|
(D)(2),
or
(D)(3) of this section, shall impose an additional | 1110 |
|
prison term of
seven years upon the offender that shall not be | 1111 |
|
reduced pursuant
to section 2929.20, section 2967.193, or any | 1112 |
|
other provision of
Chapter 2967. or Chapter 5120. of
the Revised | 1113 |
|
Code. A court
shall
not impose more than one
additional prison | 1114 |
|
term on an
offender
under division (D)(1)(f) of
this section for | 1115 |
|
felonies
committed as
part of the same act or transaction.
If a | 1116 |
|
court
imposes an
additional prison term on an offender under | 1117 |
|
division
(D)(1)(f) of
this section relative to an offense,
the | 1118 |
|
court
shall not impose a
prison term under division (D)(1)(a)
or | 1119 |
|
(c)
of
this section
relative to the same offense. | 1120 |
| (2)(a) If an offender who is
convicted of or pleads guilty
to | 1121 |
| a felony also is convicted of or pleads
guilty to a
specification | 1122 |
| of the type described in section 2941.149 of the
Revised Code
that | 1123 |
| the
offender is a repeat
violent offender, the
court shall
impose | 1124 |
| a prison term from the range of terms
authorized for the offense | 1125 |
|
under division (A) of this section
that
may be the longest term in | 1126 |
| the range and that shall not be reduced
pursuant to section | 1127 |
| 2929.20, section 2967.193, or
any other
provision of Chapter 2967. | 1128 |
| or Chapter 5120. of the
Revised
Code.
If the court finds that the | 1129 |
|
repeat violent offender, in committing
the offense, caused any | 1130 |
|
physical harm that carried a substantial
risk of death to a
person | 1131 |
| or that involved substantial permanent
incapacity or
substantial | 1132 |
| permanent disfigurement of a person,
the
court shall impose the | 1133 |
| longest prison term from the range of terms
authorized for the | 1134 |
|
offense under division (A) of this section. | 1135 |
| (b) If the court imposing a prison term on a
repeat violent | 1136 |
|
offender imposes the longest prison term
from the range of terms | 1137 |
|
authorized for the offense under division
(A) of this section, the | 1138 |
|
court may impose on the offender
an additional definite prison | 1139 |
|
term of one, two, three, four,
five, six, seven, eight, nine, or | 1140 |
|
ten years if the court finds
that both of the following apply with | 1141 |
|
respect to the prison terms
imposed on the offender pursuant to | 1142 |
|
division
(D)(2)(a) of this section and, if
applicable, divisions | 1143 |
|
(D)(1) and (3) of this section: | 1144 |
| (3)(a) Except when an offender commits a
violation of
section | 1158 |
| 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 1159 |
| the
violation is life imprisonment or commits a
violation of | 1160 |
| section
2903.02 of the Revised Code, if the offender
commits a | 1161 |
| violation of section 2925.03 or 2925.11 of
the Revised
Code and | 1162 |
| that section classifies the offender as a major drug
offender and | 1163 |
| requires the
imposition of a ten-year prison term on
the offender, | 1164 |
| if
the offender commits a felony violation of
section 2925.02, | 1165 |
|
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 1166 |
| 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 1167 |
| division
(C) of section 4729.51, or division (J)
of section | 1168 |
| 4729.54
of the Revised Code that includes the sale,
offer to sell, | 1169 |
|
or possession of a schedule
I or II controlled
substance, with the | 1170 |
| exception of
marihuana, and the
court imposing
sentence upon the | 1171 |
| offender finds
that the offender is guilty of a
specification of | 1172 |
| the type
described in section 2941.1410 of the
Revised Code | 1173 |
| charging
that the offender is a
major drug offender,
if the court | 1174 |
| imposing sentence upon an offender for
a felony
finds
that the | 1175 |
| offender is guilty
of corrupt activity with the
most
serious | 1176 |
| offense in the pattern
of corrupt activity being a
felony
of the | 1177 |
| first degree, or if the offender is guilty of
an attempted | 1178 |
|
violation of section 2907.02 of the Revised Code and, had the | 1179 |
|
offender completed the violation of section 2907.02 of the Revised | 1180 |
|
Code that was attempted, the offender would have been subject to a | 1181 |
|
sentence of life imprisonment or life imprisonment without parole | 1182 |
|
for the violation of section 2907.02 of the Revised Code, the | 1183 |
|
court shall
impose upon
the offender for the felony violation a | 1184 |
|
ten-year
prison term that
cannot be reduced pursuant to section | 1185 |
|
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 1186 |
| (b) The court imposing a prison term on an
offender under | 1187 |
|
division (D)(3)(a) of this
section may impose an additional prison | 1188 |
|
term of one, two, three,
four, five, six, seven, eight, nine, or | 1189 |
|
ten years, if the court,
with respect to the term imposed under | 1190 |
|
division
(D)(3)(a) of this section and, if
applicable, divisions | 1191 |
|
(D)(1) and (2) of this section,
makes both of the findings set | 1192 |
|
forth in divisions
(D)(2)(b)(i) and (ii) of this section. | 1193 |
| (4) If the offender is being sentenced for a third or fourth | 1194 |
|
degree felony
OVI offense under division (G)(2) of section
2929.13 | 1195 |
|
of the Revised
Code,
the sentencing court shall impose
upon the | 1196 |
|
offender a mandatory prison term in
accordance with that
division. | 1197 |
|
In addition to the mandatory prison term, if the offender is being | 1198 |
|
sentenced for a fourth degree felony OVI offense, the court, | 1199 |
|
notwithstanding division (A)(4) of this section, may sentence the | 1200 |
|
offender to a definite prison term of not less than six months and | 1201 |
|
not more than thirty months, and if the offender is being | 1202 |
|
sentenced for a third degree felony OVI offense, the
sentencing | 1203 |
|
court may sentence the offender to an additional prison
term of | 1204 |
|
any
duration specified in division (A)(3) of this section. In | 1205 |
|
either case, the additional prison term imposed shall be reduced | 1206 |
|
by the sixty or one
hundred twenty days imposed upon the
offender | 1207 |
|
as the mandatory prison term.
The total of the
additional prison | 1208 |
|
term imposed under division (D)(4) of this
section
plus the sixty | 1209 |
|
or one hundred twenty days imposed as the
mandatory prison term | 1210 |
|
shall equal a definite term in the range of six months to thirty | 1211 |
|
months for a fourth degree felony OVI offense and shall equal one | 1212 |
|
of
the authorized prison
terms specified in division (A)(3) of | 1213 |
|
this section for a third degree felony OVI offense. If
the court | 1214 |
|
imposes an additional prison term under division (D)(4) of this | 1215 |
|
section, the offender shall serve the additional prison term after | 1216 |
|
the
offender has served the mandatory prison term required for the | 1217 |
|
offense. In addition to the mandatory prison term or mandatory and | 1218 |
| additional prison term imposed as described in division (D)(4) of | 1219 |
| this section, the
court also may sentence the offender to a | 1220 |
| community
control sanction under
section 2929.16 or 2929.17 of the | 1221 |
| Revised
Code, but the offender shall serve all of the prison terms | 1222 |
| so imposed prior to serving the community control sanction. | 1223 |
| (5) If an offender is convicted of or pleads guilty to a | 1229 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 1230 |
|
Revised Code and also is convicted of or pleads guilty to a | 1231 |
|
specification of the type described in section 2941.1414 of the | 1232 |
|
Revised Code that charges that the victim of the offense is a | 1233 |
|
peace officer, as defined in section 2935.01 of the Revised Code, | 1234 |
|
the court shall impose on the offender a prison term of five | 1235 |
|
years. If a court imposes a prison term on an offender under | 1236 |
|
division (D)(5) of this section, the prison term shall not be | 1237 |
|
reduced pursuant to section 2929.20, section 2967.193, or any | 1238 |
|
other provision of Chapter 2967. or Chapter 5120. of the Revised | 1239 |
|
Code. A court shall not impose more than one prison term on an | 1240 |
|
offender under division (D)(5) of this section for felonies | 1241 |
|
committed as part of the same act. | 1242 |
|
(6) If an offender is convicted of or pleads guilty to a | 1243 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 1244 |
|
Revised Code and also is convicted of or pleads guilty to a | 1245 |
|
specification of the type described in section 2941.1415 of the | 1246 |
|
Revised Code that charges that the offender previously has been | 1247 |
|
convicted of or pleaded guilty to three or more violations of | 1248 |
| division (A)
or (B) of section 4511.19 of the Revised Code or an | 1249 |
| equivalent
offense, as defined in section 2941.1415 of the Revised | 1250 |
| Code, or three or more violations of any combination of those | 1251 |
| divisions and offenses, the
court shall impose on the offender a | 1252 |
| prison term of three years.
If a court imposes a prison term on an | 1253 |
| offender under division
(D)(6) of this section, the prison term | 1254 |
| shall not be reduced
pursuant to section 2929.20, section | 1255 |
| 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. | 1256 |
| of the Revised Code.
A
court shall not impose more than one prison | 1257 |
| term on an offender
under division (D)(6) of this section for | 1258 |
| felonies committed as
part of the same act. | 1259 |
| (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 1260 |
| mandatory prison term
is imposed
upon an offender pursuant to | 1261 |
|
division (D)(1)(a) of this
section for having a firearm on or | 1262 |
|
about the offender's person or under the
offender's
control while | 1263 |
|
committing a felony, if a mandatory prison term
is imposed
upon an | 1264 |
|
offender pursuant to division (D)(1)(c) of
this section for | 1265 |
|
committing a felony specified in that division by discharging
a | 1266 |
|
firearm from a motor vehicle, or if both types of mandatory prison | 1267 |
|
terms
are imposed, the offender shall serve
any mandatory prison | 1268 |
|
term
imposed under either division
consecutively to any other | 1269 |
|
mandatory prison term imposed under either division
or under | 1270 |
|
division (D)(1)(d) of this
section,
consecutively to and prior to | 1271 |
|
any prison term
imposed for the underlying felony pursuant to | 1272 |
|
division (A),
(D)(2), or (D)(3) of this section or any other | 1273 |
|
section of the Revised Code, and consecutively to any other prison | 1274 |
|
term
or
mandatory prison term previously or subsequently imposed | 1275 |
|
upon the
offender. | 1276 |
| (b) If a mandatory prison term is imposed upon an offender | 1277 |
|
pursuant to division (D)(1)(d) of this section for
wearing or | 1278 |
|
carrying body armor while committing an offense of violence that | 1279 |
|
is a felony,
the offender shall serve the mandatory
term so | 1280 |
|
imposed consecutively to any other mandatory prison term
imposed | 1281 |
|
under that division or under division (D)(1)(a)
or (c) of
this | 1282 |
|
section, consecutively to and prior to any prison term imposed for | 1283 |
|
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 1284 |
|
this section or any other section of the Revised Code, and | 1285 |
|
consecutively to any other
prison term or mandatory prison term | 1286 |
|
previously or subsequently
imposed upon the offender. | 1287 |
| (2) If an offender who is an inmate in a jail, prison,
or | 1296 |
|
other residential detention facility violates section 2917.02, | 1297 |
|
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 1298 |
|
who is under detention at a detention facility commits a felony | 1299 |
|
violation of section 2923.131 of the Revised Code, or if an | 1300 |
|
offender who is an
inmate in a jail, prison, or other residential | 1301 |
|
detention facility or is under
detention at a detention facility | 1302 |
|
commits another felony while the offender is
an
escapee in | 1303 |
|
violation of
section 2921.34 of the Revised Code, any prison
term | 1304 |
|
imposed upon the offender for one of those violations
shall be | 1305 |
|
served by the offender consecutively to the prison term or term of | 1306 |
|
imprisonment the offender
was serving when the offender committed | 1307 |
|
that offense and to any other prison
term previously or | 1308 |
|
subsequently imposed upon the offender. | 1309 |
| (5) If a mandatory prison term is imposed upon an offender | 1340 |
|
pursuant to division (D)(5) or (6) of this section, the offender | 1341 |
|
shall serve the mandatory prison term consecutively to and prior | 1342 |
|
to any prison term imposed for the underlying violation of | 1343 |
|
division (A)(1) or (2) of section 2903.06 of the Revised Code | 1344 |
|
pursuant to division (A) of this section. If a mandatory prison | 1345 |
|
term is imposed upon an offender pursuant to division (D)(5) of | 1346 |
|
this section, and if a mandatory prison term also is imposed upon | 1347 |
|
the offender pursuant to division (D)(6) of this section in | 1348 |
|
relation to the same violation, the offender shall serve the | 1349 |
|
mandatory prison term imposed pursuant to division (D)(5) of this | 1350 |
|
section consecutively to and prior to the mandatory prison term | 1351 |
|
imposed pursuant to division (D)(6) of this section and | 1352 |
|
consecutively to and prior to any prison term imposed for the | 1353 |
|
underlying violation of division (A)(1) or (2) of section 2903.06 | 1354 |
|
of the Revised Code pursuant to division (A) of this section. | 1355 |
(F)(1) If a court imposes a prison term of a type
described | 1359 |
in
division (B) of section 2967.28 of the
Revised Codefor a | 1360 |
| felony of the first degree, for a felony of the second degree, for | 1361 |
| a felony sex offense, or for a felony of the third degree that is | 1362 |
| not a felony sex offense and in the commission of which the | 1363 |
| offender caused or threatened to cause physical harm to a person, | 1364 |
| it shall
include in the sentence a
requirement that the offender | 1365 |
| be subject
to a period of
post-release control after the | 1366 |
| offender's release
from imprisonment, in
accordance with that | 1367 |
| division. If a court imposes a sentence including a prison term of | 1368 |
| a type described in this division on or after the effective date | 1369 |
| of this amendment, the failure of a court to include a | 1370 |
| post-release control requirement in the sentence pursuant to this | 1371 |
| division does not negate, limit, or otherwise affect the mandatory | 1372 |
| period of post-release control that is required for the offender | 1373 |
| under division (B) of section 2967.28 of the Revised Code. Section | 1374 |
| 2929.191 of the Revised Code applies if, prior to the effective | 1375 |
| date of this amendment, a court imposed a sentence including a | 1376 |
| prison term of a type described in this division and failed to | 1377 |
| include in the sentence pursuant to this division a statement | 1378 |
| regarding post-release control. | 1379 |
(2) If a court
imposes a prison term
of a type described in | 1380 |
division (C) of that
sectionfor a felony of the third, fourth, or | 1381 |
| fifth degree that is not subject to division (F)(1) of this | 1382 |
| section, it
shall include in the sentence a requirement that the | 1383 |
|
offender be
subject to a period of post-release control after the | 1384 |
|
offender's release
from imprisonment, in accordance with that | 1385 |
|
division, if the
parole board determines that a period of | 1386 |
|
post-release control is
necessary. Section 2929.191 of the Revised | 1387 |
| Code applies if, prior to the effective date of this amendment, a | 1388 |
| court imposed a sentence including a prison term of a type | 1389 |
| described in this division and failed to include in the sentence | 1390 |
| pursuant to this division a statement regarding post-release | 1391 |
| control. | 1392 |
| (J) If an offender who is convicted of or pleads guilty to | 1416 |
|
aggravated murder, murder, or a
felony of the first, second, or | 1417 |
|
third degree that is an
offense of violence also is convicted of | 1418 |
|
or pleads guilty to a
specification of the type described in | 1419 |
|
section 2941.143 of the
Revised
Code that charges the offender | 1420 |
|
with having committed the offense in a school safety
zone or | 1421 |
|
towards a person in a school safety zone, the court shall impose | 1422 |
|
upon the offender an additional prison term of two years. The | 1423 |
|
offender shall
serve the additional two years consecutively to and | 1424 |
|
prior to the prison term
imposed for the underlying offense. | 1425 |
| (K) At the time of sentencing, the court
may recommend the | 1426 |
|
offender for
placement in a program of shock incarceration
under | 1427 |
|
section 5120.031 of the Revised Code or for
placement
in an | 1428 |
|
intensive program prison
under
section 5120.032 of the Revised | 1429 |
|
Code, disapprove placement of the
offender in a program of shock | 1430 |
|
incarceration or
an intensive
program
prison
of that nature, or | 1431 |
|
make
no recommendation on placement of
the offender.
In no case | 1432 |
|
shall
the department of rehabilitation and correction place the | 1433 |
|
offender
in a program or prison of that nature unless the | 1434 |
|
department
determines as specified in section 5120.031 or 5120.032 | 1435 |
|
of the
Revised Code, whichever is applicable, that the offender is | 1436 |
|
eligible for the placement. | 1437 |
| If the court does not make a recommendation under this | 1454 |
|
division with
respect to an
offender
and if the
department | 1455 |
|
determines as specified in section 5120.031 or 5120.032
of the | 1456 |
|
Revised Code, whichever is applicable, that the offender is | 1457 |
|
eligible for placement in a program or prison of that nature, the | 1458 |
|
department shall screen the offender and
determine if there is an | 1459 |
|
available program of shock incarceration or an
intensive program | 1460 |
|
prison for which the offender is suited. If there is an
available | 1461 |
|
program of shock incarceration or an intensive program prison for | 1462 |
|
which the offender is suited, the department shall notify the | 1463 |
|
court of the
proposed placement of the offender
as specified in | 1464 |
|
section 5120.031 or 5120.032 of the Revised Code and shall include | 1465 |
|
with the notice a brief
description of the placement. The court | 1466 |
|
shall have ten days from receipt of
the notice to disapprove the | 1467 |
|
placement. | 1468 |
| Sec. 2929.19. (A)(1) The court shall hold a sentencing | 1469 |
|
hearing
before imposing a sentence
under this chapter upon an | 1470 |
|
offender who was convicted of or
pleaded guilty to a felony and | 1471 |
|
before resentencing an offender
who was convicted of or pleaded | 1472 |
|
guilty to a felony and whose case
was remanded pursuant to section | 1473 |
|
2953.07 or 2953.08 of the Revised
Code. At the hearing, the | 1474 |
|
offender, the prosecuting attorney, the victim or
the victim's | 1475 |
|
representative in accordance with section 2930.14 of
the Revised | 1476 |
|
Code, and, with the approval of the
court, any other person may | 1477 |
|
present information relevant to the
imposition of sentence in the | 1478 |
|
case. The court shall inform the
offender of the verdict of the | 1479 |
|
jury or finding of the court and
ask the offender whether the | 1480 |
|
offender has anything to say as to why
sentence should not be | 1481 |
|
imposed upon the offender. | 1482 |
| (2) Except as otherwise provided in this division, before | 1483 |
|
imposing sentence on an offender who is being
sentenced on or | 1484 |
| after January 1, 1997, for a
sexually oriented offense that is not | 1485 |
| a registration-exempt sexually oriented offense and who is in any | 1486 |
| category of offender described in division (B)(1)(a)(i), (ii), or | 1487 |
| (iii) of section 2950.09 of the Revised Code, the court shall | 1488 |
|
conduct a
hearing in accordance with division (B)
of section | 1489 |
|
2950.09 of the Revised Code to
determine whether the offender is a | 1490 |
|
sexual predator. The court shall not
conduct a hearing under that | 1491 |
|
division if the offender is being sentenced for a
violent sex | 1492 |
|
offense or a designated homicide, assault, or kidnapping offense | 1493 |
| and, in relation to that offense, the offender was adjudicated a | 1494 |
| sexually violent predator. Before imposing sentence
on an
offender | 1495 |
| who is being sentenced for a sexually oriented
offense that is not | 1496 |
| a registration-exempt sexually oriented offense,
the court also | 1497 |
| shall comply with division (E) of section
2950.09 of
the Revised | 1498 |
| Code. | 1499 |
| (a) Unless the offense is a violent sex offense or designated | 1519 |
| homicide, assault, or kidnapping offense for
which
the court is | 1520 |
| required to impose sentence pursuant to
division (G) of
section | 1521 |
| 2929.14 of the Revised Code, if it imposes
a prison term for a | 1522 |
| felony
of the fourth or fifth degree or for a
felony drug
offense | 1523 |
| that is a violation of a provision of
Chapter
2925. of the Revised | 1524 |
| Code and that is specified as
being subject
to division (B)
of | 1525 |
| section 2929.13 of the Revised Code for
purposes of
sentencing, | 1526 |
| its reasons for imposing the prison term,
based upon the | 1527 |
| overriding purposes and principles of felony
sentencing set
forth | 1528 |
| in section 2929.11 of the Revised Code, and
any factors
listed in | 1529 |
| divisions (B)(1)(a) to (i) of section
2929.13 of
the Revised
Code | 1530 |
| that it found to apply relative to the
offender. | 1531 |
| (c) Notify the offender that the offender will be supervised | 1562 |
|
under section 2967.28 of the Revised Code after the offender | 1563 |
|
leaves prison if
the
offender is
being sentenced for a
felony of | 1564 |
|
the first degree or second
degree, for a felony
sex offense, or | 1565 |
|
for a felony of the third degree that is not a felony sex offense | 1566 |
| and in the commission of which
the
offender caused or threatened | 1567 |
to cause physical harm to a person;. If a court imposes a sentence | 1568 |
| including a prison term of a type described in division (B)(3)(c) | 1569 |
| of this section on or after the effective date of this amendment, | 1570 |
| the failure of a court to notify the offender pursuant to division | 1571 |
| (B)(3)(c) of this section that the offender will be supervised | 1572 |
| under section 2967.28 of the Revised Code after the offender | 1573 |
| leaves prison or to include in the judgment of conviction entered | 1574 |
| on the journal a statement to that effect does not negate, limit, | 1575 |
| or otherwise affect the mandatory period of supervision that is | 1576 |
| required for the offender under division (B) of section 2967.28 of | 1577 |
| the Revised Code. Section 2929.191 of the Revised Code applies if, | 1578 |
| prior to the effective date of this amendment, a court imposed a | 1579 |
| sentence including a prison term of a type described in division | 1580 |
| (B)(3)(c) of this section and failed to notify the offender | 1581 |
| pursuant to division (B)(3)(c) of this section regarding | 1582 |
| post-release control or to include in the judgment of conviction | 1583 |
| entered on the journal or in the sentence a statement regarding | 1584 |
| post-release control. | 1585 |
| (d) Notify the offender that the offender may be supervised | 1586 |
|
under section 2967.28 of the Revised Code after the offender | 1587 |
|
leaves prison if
the
offender is being sentenced for a
felony of | 1588 |
|
the third, fourth, or fifth degree that is not subject to
division | 1589 |
(B)(3)(c) of this section;. Section 2929.191 of the Revised Code | 1590 |
| applies if, prior to the effective date of this amendment, a court | 1591 |
| imposed a sentence including a prison term of a type described in | 1592 |
| division (B)(3)(d) of this section and failed to notify the | 1593 |
| offender pursuant to division (B)(3)(d) of this section regarding | 1594 |
| post-release control or to include in the judgment of conviction | 1595 |
| entered on the journal or in the sentence a statement regarding | 1596 |
| post-release control. | 1597 |
| (e) Notify the offender that, if a
period of supervision is | 1598 |
|
imposed following
the
offender's release from prison, as described | 1599 |
|
in division
(B)(3)(c) or (d) of this
section, and if the offender | 1600 |
|
violates that supervision or a condition of
post-release control | 1601 |
|
imposed under division (B) of section 2967.131 of the
Revised | 1602 |
|
Code, the parole board may
impose a prison
term, as part of the | 1603 |
|
sentence, of up to one-half of the stated
prison term originally | 1604 |
imposed
upon the offender;. If a court imposes a sentence | 1605 |
| including a prison term on or after the effective date of this | 1606 |
| amendment, the failure of a court to notify the offender pursuant | 1607 |
| to division (B)(3)(e) of this section that the parole board may | 1608 |
| impose a prison term as described in division (B)(3)(e) of this | 1609 |
| section for a violation of that supervision or a condition of | 1610 |
| post-release control imposed under division (B) of section | 1611 |
| 2967.131 of the Revised Code or to include in the judgment of | 1612 |
| conviction entered on the journal a statement to that effect does | 1613 |
| not negate, limit, or otherwise affect the authority of the parole | 1614 |
| board to so impose a prison term for a violation of that nature | 1615 |
| if, pursuant to division (D)(1) of section 2967.28 of the Revised | 1616 |
| Code, the parole board notifies the offender prior to the | 1617 |
| offender's release of the board's authority to so impose a prison | 1618 |
| term. Section 2929.191 of the Revised Code applies if, prior to | 1619 |
| the effective date of this amendment, a court imposed a sentence | 1620 |
| including a prison term and failed to notify the offender pursuant | 1621 |
| to division (B)(3)(e) of this section regarding the possibility of | 1622 |
| the parole board imposing a prison term for a violation of | 1623 |
| supervision or a condition of post-release control. | 1624 |
| (4) If the offender is being sentenced for a
violent sex | 1632 |
| offense or designated homicide, assault, or kidnapping offense | 1633 |
|
that the offender committed on or after January 1,
1997,
and the | 1634 |
| offender is adjudicated a
sexually
violent predator in relation to | 1635 |
| that offense, if the
offender is being sentenced
for
a
sexually | 1636 |
| oriented offense that is not a registration-exempt sexually | 1637 |
| oriented offense and that the offender
committed on or
after | 1638 |
|
January 1, 1997, and the court
imposing the sentence has | 1639 |
|
determined pursuant to division (B) of
section 2950.09 of
the | 1640 |
|
Revised Code that the offender is a sexual predator, if the | 1641 |
| offender is being sentenced on or after July 31, 2003, for a | 1642 |
| child-victim oriented offense and the court imposing the sentence | 1643 |
| has determined pursuant to division (B) of section 2950.091 of the | 1644 |
| Revised Code that the offender is a child-victim predator,
or if | 1645 |
| the
offender is being sentenced for an aggravated sexually | 1646 |
| oriented
offense as defined in section 2950.01 of the Revised | 1647 |
| Code, the
court
shall include in the offender's
sentence a | 1648 |
|
statement that
the
offender has been adjudicated a sexual | 1649 |
|
predator, has been adjudicated a child victim predator,
or has | 1650 |
| been convicted of or pleaded guilty
to an
aggravated sexually | 1651 |
| oriented offense, whichever is
applicable, and
shall
comply with | 1652 |
| the requirements of section
2950.03 of the
Revised
Code. | 1653 |
| Additionally, in the circumstances
described in
division
(G) of | 1654 |
| section 2929.14 of the Revised Code,
the court
shall impose | 1655 |
|
sentence on
the offender as described in
that
division. | 1656 |
| (5) If the sentencing court determines at the
sentencing | 1657 |
|
hearing that a community control sanction should be
imposed and | 1658 |
|
the court is not prohibited from imposing a community control | 1659 |
|
sanction, the court shall impose a community control sanction.
The | 1660 |
|
court shall notify the offender that, if the conditions of the | 1661 |
|
sanction are violated, if
the offender commits a violation of any | 1662 |
|
law, or if the offender leaves this
state without the permission | 1663 |
|
of the court or the offender's probation
officer, the court
may | 1664 |
|
impose a longer time under
the same sanction, may impose a more | 1665 |
|
restrictive sanction, or may
impose a prison term on the offender | 1666 |
|
and shall indicate the
specific prison term that may be imposed as | 1667 |
|
a sanction for the
violation, as selected by the court from the | 1668 |
|
range of prison
terms for the offense pursuant to section 2929.14 | 1669 |
|
of the
Revised Code. | 1670 |
| (7) If the sentencing court sentences the offender to a | 1675 |
|
sanction of confinement pursuant to section 2929.14 or 2929.16 of | 1676 |
|
the Revised Code that is to be served in a local detention | 1677 |
|
facility, as defined in section
2929.36 of the Revised
Code, and | 1678 |
|
if the local detention facility is covered by a policy
adopted | 1679 |
|
pursuant to section 307.93, 341.14, 341.19, 341.21,
341.23, | 1680 |
|
753.02, 753.04, 753.16, 2301.56, or 2947.19 of the Revised
Code | 1681 |
|
and section 2929.37 of the Revised Code, both of the
following | 1682 |
|
apply: | 1683 |
| (C)(1) If the offender is being sentenced for a fourth
degree | 1698 |
| felony
OVI offense under division (G)(1) of
section
2929.13
of the | 1699 |
| Revised Code, the court shall impose the mandatory
term
of
local | 1700 |
|
incarceration in accordance with that division,
shall impose
a | 1701 |
| mandatory fine
in accordance with division (B)(3)
of section | 1702 |
|
2929.18 of the Revised Code,
and, in addition, may
impose | 1703 |
|
additional sanctions as specified in sections
2929.15,
2929.16, | 1704 |
|
2929.17, and 2929.18 of the Revised Code. The court
shall
not | 1705 |
|
impose a prison term on the offender except that the court may | 1706 |
| impose a prison term upon the offender as provided in division | 1707 |
| (A)(1) of section 2929.13 of the Revised Code. | 1708 |
| (2) If the offender is being sentenced for a third or fourth | 1709 |
|
degree felony
OVI offense under division (G)(2) of
section
2929.13 | 1710 |
|
of the Revised Code, the court shall impose the mandatory
prison | 1711 |
|
term in accordance with that
division, shall impose a
mandatory | 1712 |
|
fine in accordance with division (B)(3) of
section
2929.18 of the | 1713 |
|
Revised Code, and, in addition, may impose an
additional prison | 1714 |
|
term as specified in section 2929.14 of the
Revised Code.
In | 1715 |
| addition to the mandatory prison term or mandatory prison term and | 1716 |
| additional prison term the court imposes, the
court also may | 1717 |
| impose a community control
sanction on the
offender, but the | 1718 |
| offender shall serve all of the prison terms so imposed prior to | 1719 |
| serving the community control sanction. | 1720 |
| Sec. 2929.191. (A)(1) If, prior to the effective date of | 1730 |
| this section, a court imposed a sentence including a prison term | 1731 |
| of a type described in division (B)(3)(c) of section 2929.19 of | 1732 |
| the Revised Code and failed to notify the offender pursuant to | 1733 |
| that division that the offender will be supervised under section | 1734 |
| 2967.28 of the Revised Code after the offender leaves prison or to | 1735 |
| include a statement to that effect in the judgment of conviction | 1736 |
| entered on the journal or in the sentence pursuant to division | 1737 |
| (F)(1) of section 2929.14 of the Revised Code, at any time before | 1738 |
| the offender is released from imprisonment under that term and at | 1739 |
| a hearing conducted in accordance with division (C) of this | 1740 |
| section, the court may prepare and issue a correction to the | 1741 |
| judgment of conviction that includes in the judgment of conviction | 1742 |
| the statement that the offender will be supervised under section | 1743 |
| 2967.28 of the Revised Code after the offender leaves prison. | 1744 |
| If, prior to the effective date of this section, a court | 1745 |
| imposed a sentence including a prison term of a type described in | 1746 |
| division (B)(3)(d) of section 2929.19 of the Revised Code and | 1747 |
| failed to notify the offender pursuant to that division that the | 1748 |
| offender may be supervised under section 2967.28 of the Revised | 1749 |
| Code after the offender leaves prison or to include a statement to | 1750 |
| that effect in the judgment of conviction entered on the journal | 1751 |
| or in the sentence pursuant to division (F)(2) of section 2929.14 | 1752 |
| of the Revised Code, at any time before the offender is released | 1753 |
| from imprisonment under that term and at a hearing conducted in | 1754 |
| accordance with division (C) of this section, the court may | 1755 |
| prepare and issue a correction to the judgment of conviction that | 1756 |
| includes in the judgment of conviction the statement that the | 1757 |
| offender may be supervised under section 2967.28 of the Revised | 1758 |
| Code after the offender leaves prison. | 1759 |
| (2) If a court prepares and issues a correction to a judgment | 1760 |
| of conviction as described in division (A)(1) of this section | 1761 |
| before the offender is released from imprisonment under the prison | 1762 |
| term the court imposed prior to the effective date of this | 1763 |
| section, the court shall place upon the journal of the court an | 1764 |
| entry nunc pro tunc to record the correction to the judgment of | 1765 |
| conviction and shall provide a copy of the entry to the offender | 1766 |
| or, if the offender is not physically present at the hearing, | 1767 |
| shall send a copy of the entry to the department of rehabilitation | 1768 |
| and correction for delivery to the offender. If the court sends a | 1769 |
| copy of the entry to the department, the department promptly shall | 1770 |
| deliver a copy of the entry to the offender. The court's placement | 1771 |
| upon the journal of the entry nunc pro tunc before the offender is | 1772 |
| released from imprisonment under the term shall be considered, and | 1773 |
| shall have the same effect, as if the court at the time of | 1774 |
| original sentencing had included the statement in the sentence and | 1775 |
| the judgment of conviction entered on the journal and had notified | 1776 |
| the offender that the offender will be so supervised regarding a | 1777 |
| sentence including a prison term of a type described in division | 1778 |
| (B)(3)(c) of section 2929.19 of the Revised Code or that the | 1779 |
| offender may be so supervised regarding a sentence including a | 1780 |
| prison term of a type described in division (B)(3)(d) of that | 1781 |
| section. | 1782 |
| (B)(1) If, prior to the effective date of this section, a | 1783 |
| court imposed a sentence including a prison term and failed to | 1784 |
| notify the offender pursuant to division (B)(3)(e) of section | 1785 |
| 2929.19 of the Revised Code regarding the possibility of the | 1786 |
| parole board imposing a prison term for a violation of supervision | 1787 |
| or a condition of post-release control or to include in the | 1788 |
| judgment of conviction entered on the journal a statement to that | 1789 |
| effect, at any time before the offender is released from | 1790 |
| imprisonment under that term and at a hearing conducted in | 1791 |
| accordance with division (C) of this section, the court may | 1792 |
| prepare and issue a correction to the judgment of conviction that | 1793 |
| includes in the judgment of conviction the statement that if a | 1794 |
| period of supervision is imposed following the offender's release | 1795 |
| from prison, as described in division (B)(3)(c) or (d) of section | 1796 |
| 2929.19 of the Revised Code, and if the offender violates that | 1797 |
| supervision or a condition of post-release control imposed under | 1798 |
| division (B) of section 2967.131 of the Revised Code the parole | 1799 |
| board may impose as part of the sentence a prison term of up to | 1800 |
| one-half of the stated prison term originally imposed upon the | 1801 |
| offender. | 1802 |
| (2) If the court prepares and issues a correction to a | 1803 |
| judgment of conviction as described in division (B)(1) of this | 1804 |
| section before the offender is released from imprisonment under | 1805 |
| the term, the court shall place upon the journal of the court an | 1806 |
| entry nunc pro tunc to record the correction to the judgment of | 1807 |
| conviction and shall provide a copy of the entry to the offender | 1808 |
| or, if the offender is not physically present at the hearing, | 1809 |
| shall send a copy of the entry to the department of rehabilitation | 1810 |
| and correction for delivery to the offender. If the court sends a | 1811 |
| copy of the entry to the department, the department promptly shall | 1812 |
| deliver a copy of the entry to the offender. The court's placement | 1813 |
| upon the journal of the entry nunc pro tunc before the offender is | 1814 |
| released from imprisonment under the term shall be considered, and | 1815 |
| shall have the same effect, as if the court at the time of | 1816 |
| original sentencing had included the statement in the judgment of | 1817 |
| conviction entered on the journal and had notified the offender | 1818 |
| pursuant to division (B)(3)(e) of section 2929.19 of the Revised | 1819 |
| Code regarding the possibility of the parole board imposing a | 1820 |
| prison term for a violation of supervision or a condition of | 1821 |
| post-release control. | 1822 |
| (C) On and after the effective date of this section, a court | 1823 |
| that wishes to prepare and issue a correction to a judgment of | 1824 |
| conviction of a type described in division (A)(1) or (B)(1) of | 1825 |
| this section shall not issue the correction until after the court | 1826 |
| has conducted a hearing in accordance with this division. Before a | 1827 |
| court holds a hearing pursuant to this division, the court shall | 1828 |
| provide notice of the date, time, place, and purpose of the | 1829 |
| hearing to the offender who is the subject of the hearing, the | 1830 |
| prosecuting attorney of the county, and the department of | 1831 |
| rehabilitation and correction. The offender has the right to be | 1832 |
| physically present at the hearing, except that, upon the court's | 1833 |
| own motion or the motion of the offender or the prosecuting | 1834 |
| attorney, the court may permit the offender to appear at the | 1835 |
| hearing by video conferencing equipment if available and | 1836 |
| compatible. An appearance by video conferencing equipment pursuant | 1837 |
| to this division has the same force and effect as if the offender | 1838 |
| were physically present at the hearing. At the hearing, the | 1839 |
| offender and the prosecuting attorney may make a statement as to | 1840 |
| whether the court should issue a correction to the judgment of | 1841 |
| conviction. | 1842 |
| (B) If a probation officer or other person is preparing a | 1851 |
|
presentence investigation report pursuant to section 2947.06 or | 1852 |
|
2951.03
of the Revised Code or Criminal Rule 32.2, or a | 1853 |
disposition
investigation report pursuant to section 2151.355 | 1854 |
| 2152.18 of
the Revised
Code, concerning the
defendant or alleged | 1855 |
| juvenile
offender in the case,
the victim may make a written or | 1856 |
| oral
statement regarding the impact of the
crime or specified | 1857 |
|
delinquent act to the probation
officer or
other person. The | 1858 |
|
probation officer or other
person shall use the statement in | 1859 |
|
preparing the
presentence investigation report or disposition | 1860 |
|
investigation report
and, upon
the victim's request, shall include | 1861 |
|
a written statement submitted
by the victim in the presentence | 1862 |
|
investigation report or disposition
investigation report. | 1863 |
| (D) If a statement made by a victim under
division (A) of | 1882 |
|
this section is included in a victim
impact statement, the | 1883 |
|
provision, receipt, and retention of
copies of, the use of, and | 1884 |
|
the confidentiality, nonpublic record character,
and sealing of | 1885 |
the victim impact statement is
governed by division (H)(B)(2) of | 1886 |
section
2151.3552152.20 or by division
(C) of section 2947.051 of | 1887 |
| the Revised
Code, as appropriate. If a statement made by a
victim | 1888 |
| under
division (B) of this section is included in a presentence | 1889 |
|
investigation report prepared pursuant to section 2947.06 or | 1890 |
|
2951.03 of the
Revised Code
or Criminal Rule 32.2 or in a | 1891 |
|
disposition
investigation report pursuant to division (C)(1) of | 1892 |
|
section
2152.18 of the Revised
Code, the
provision, receipt, and | 1893 |
|
retention of copies of, the use of, and the
confidentiality, | 1894 |
|
nonpublic record character, and sealing of the
presentence | 1895 |
|
investigation report or disposition investigation report
that | 1896 |
|
contains the victim's statement
is governed by section 2951.03 of | 1897 |
|
the Revised Code. | 1898 |
| (B) Each sentence to a prison term for a felony
of the first | 1906 |
|
degree, for a felony of the second degree, for a felony sex | 1907 |
|
offense, or for a felony of the third degree
that is not a felony | 1908 |
|
sex offense and in the commission of which the offender
caused or | 1909 |
|
threatened to cause physical harm to a person shall include a | 1910 |
|
requirement that the offender be subject to a period of | 1911 |
|
post-release control imposed by the parole board after the | 1912 |
|
offender's
release from imprisonment. If a court imposes a | 1913 |
| sentence including a prison term of a type described in this | 1914 |
| division on or after the effective date of this amendment, the | 1915 |
| failure of a sentencing court to notify the offender pursuant to | 1916 |
| division (B)(3)(c) of section 2929.19 of the Revised Code of this | 1917 |
| requirement or to include in the judgment of conviction entered on | 1918 |
| the journal a statement that the offender's sentence includes this | 1919 |
| requirement does not negate, limit, or otherwise affect the | 1920 |
| mandatory period of supervision that is required for the offender | 1921 |
| under this division. Section 2929.191 of the Revised Code applies | 1922 |
| if, prior to the effective date of this amendment, a court imposed | 1923 |
| a sentence including a prison term of a type described in this | 1924 |
| division and failed to notify the offender pursuant to division | 1925 |
| (B)(3)(c) of section 2929.19 of the Revised Code regarding | 1926 |
| post-release control or to include in the judgment of conviction | 1927 |
| entered on the journal or in the sentence pursuant to division | 1928 |
| (F)(1) of section 2929.14 of the Revised Code a statement | 1929 |
| regarding post-release control. Unless reduced by the
parole board | 1930 |
|
pursuant to division (D) of this section when
authorized under | 1931 |
| that
division, a period of
post-release control
required by this | 1932 |
| division for an offender shall be of one
of the
following periods: | 1933 |
| (C) Any sentence to a prison term for a felony
of the third, | 1941 |
|
fourth, or
fifth degree that is not subject to division (B)(1) or | 1942 |
|
(3) of this
section shall include a requirement that the offender | 1943 |
|
be
subject to a period of post-release control of up to three | 1944 |
|
years
after the offender's release from imprisonment, if the | 1945 |
|
parole board, in
accordance with division (D) of this section, | 1946 |
|
determines that a
period of post-release control is necessary for | 1947 |
|
that offender. Section 2929.191 of the Revised Code applies if, | 1948 |
| prior to the effective date of this amendment, a court imposed a | 1949 |
| sentence including a prison term of a type described in this | 1950 |
| division and failed to notify the offender pursuant to division | 1951 |
| (B)(3)(d) of section 2929.19 of the Revised Code regarding | 1952 |
| post-release control or to include in the judgment of conviction | 1953 |
| entered on the journal or in the sentence pursuant to division | 1954 |
| (F)(2) of section 2929.14 of the Revised Code a statement | 1955 |
| regarding post-release control. | 1956 |
| (D)(1) Before the prisoner is released from
imprisonment,
the | 1957 |
| parole board
shall impose upon a prisoner
described in
division | 1958 |
| (B) of this section, may impose
upon a prisoner described
in | 1959 |
| division (C) of this
section, and shall impose upon a prisoner | 1960 |
|
described in division
(B)(2)(b) of section 5120.031 or in division | 1961 |
|
(B)(1) of section 5120.032 of the Revised
Code, one or more | 1962 |
|
post-release control sanctions to apply
during the prisoner's | 1963 |
|
period of post-release control. Whenever the board
imposes one or | 1964 |
|
more post-release control sanctions upon a prisoner, the board,
in | 1965 |
|
addition to imposing the sanctions, also shall include as a | 1966 |
|
condition of
the post-release control that the individual or felon | 1967 |
|
not
leave the state without permission of the court or the | 1968 |
|
individual's or felon's
parole or probation officer and that the | 1969 |
|
individual or felon abide by the
law. The board may impose any | 1970 |
|
other
conditions of release under a post-release control sanction | 1971 |
|
that the board
considers appropriate, and the conditions of | 1972 |
|
release may include any
community residential sanction, community | 1973 |
|
nonresidential sanction, or
financial sanction that the sentencing | 1974 |
|
court was authorized to impose pursuant
to sections 2929.16, | 1975 |
|
2929.17, and 2929.18 of the Revised Code. Prior to
the release of | 1976 |
|
a prisoner for whom it will impose one or more post-release | 1977 |
|
control sanctions under this division, the parole board shall | 1978 |
|
review the
prisoner's
criminal history, all
juvenile court | 1979 |
|
adjudications finding the prisoner, while a juvenile, to be a | 1980 |
|
delinquent child, and the record of the prisoner's conduct while | 1981 |
|
imprisoned. The parole board shall consider any recommendation | 1982 |
|
regarding
post-release control sanctions for the prisoner made by | 1983 |
|
the office of victims'
services. After considering those | 1984 |
|
materials, the board shall
determine, for a prisoner described in | 1985 |
|
division (B) of
this section, division (B)(2)(b) of
section | 1986 |
|
5120.031, or division (B)(1) of section 5120.032
of the Revised | 1987 |
|
Code, which post-release control
sanction or combination of | 1988 |
|
post-release control sanctions is
reasonable under the | 1989 |
|
circumstances or, for a prisoner described
in division (C) of this | 1990 |
|
section, whether a post-release
control sanction is necessary and, | 1991 |
|
if so, which post-release
control sanction or combination of | 1992 |
|
post-release control sanctions
is reasonable under the | 1993 |
|
circumstances. In the case of a prisoner convicted of
a felony of | 1994 |
|
the fourth
or fifth degree other than a felony sex offense, the | 1995 |
|
board shall presume that
monitored time is the appropriate | 1996 |
|
post-release control sanction unless the
board determines that a | 1997 |
|
more restrictive sanction is
warranted. A post-release control | 1998 |
|
sanction imposed under this
division takes effect upon the | 1999 |
|
prisoner's release from
imprisonment. | 2000 |
| Regardless of whether the prisoner was sentenced to the | 2001 |
| prison term prior to, on, or after the effective date of this | 2002 |
| amendment, prior to the release of a prisoner for whom it will | 2003 |
| impose one or more post-release control sanctions under this | 2004 |
| division, the parole board shall notify the prisoner that, if the | 2005 |
| prisoner violates any sanction so imposed or any condition of | 2006 |
| post-release control described in division (B) of section 2967.131 | 2007 |
| of the Revised Code that is imposed on the prisoner, the parole | 2008 |
| board may impose a prison term of up to one-half of the stated | 2009 |
| prison term originally imposed upon the prisoner. | 2010 |
| (2) At any time after a prisoner is
released from | 2011 |
|
imprisonment and during the period of post-release control | 2012 |
|
applicable to the releasee, the adult parole
authority may
review | 2013 |
|
the releasee's behavior under the post-release control
sanctions | 2014 |
|
imposed upon the releasee under this section. The authority may | 2015 |
|
determine, based upon the review and in accordance with the | 2016 |
|
standards
established under division (E) of this section, that a | 2017 |
|
more
restrictive or a
less restrictive sanction is appropriate and | 2018 |
|
may impose a
different sanction. Unless the period of
post-release | 2019 |
| control was imposed for
an offense described in
division (B)(1) of | 2020 |
| this section, the
authority also may recommend
that the parole | 2021 |
| board reduce the
duration of the period of
post-release control | 2022 |
| imposed by the
court. If the authority
recommends that the board | 2023 |
|
reduce the duration of control for an
offense described in | 2024 |
| division
(B)(2), (B)(3), or (C) of this
section, the board
shall | 2025 |
| review the
releasee's behavior and may
reduce the duration of the | 2026 |
| period of
control imposed by the court.
In no case shall the board | 2027 |
| reduce the duration
of the period of
control imposed by the court | 2028 |
| for an offense described in
division
(B)(1) of this section, and | 2029 |
| in no case shall the board
permit the
releasee to leave the
state | 2030 |
| without permission of the court or the
releasee's parole or | 2031 |
| probation
officer. | 2032 |
| (3) Establish standards to be used by the parole board
in | 2044 |
|
reducing the duration of the period of post-release control | 2045 |
|
imposed by the court when authorized under division (D) of this | 2046 |
|
section, in imposing a more restrictive post-release
control | 2047 |
|
sanction than monitored time upon a prisoner convicted of a felony | 2048 |
|
of
the fourth or fifth
degree other than a felony sex offense, or | 2049 |
|
in imposing a less restrictive
control sanction
upon a releasee | 2050 |
|
based on the releasee's activities including, but
not limited to, | 2051 |
|
remaining free from criminal activity and from
the abuse of | 2052 |
|
alcohol or other drugs, successfully participating
in approved | 2053 |
|
rehabilitation programs, maintaining employment, and
paying | 2054 |
|
restitution to the victim or meeting the terms of other
financial | 2055 |
|
sanctions; | 2056 |
(F)(1) If a post-release control sanction is imposedWhenever | 2074 |
| the parole board imposes one or more post-release control | 2075 |
| sanctions upon an
offender under
this section,
the offender upon | 2076 |
| release from
imprisonment shall be under the general
jurisdiction | 2077 |
| of the
adult
parole authority and generally shall be supervised by | 2078 |
| the
field services section through its staff of parole and
field | 2079 |
|
officers
as described in section 5149.04 of the Revised
Code, as | 2080 |
| if the
offender had been
placed on parole. If the
offender upon | 2081 |
| release
from imprisonment violates the
post-release
control | 2082 |
| sanction or
any
conditions described in
division (A) of
section | 2083 |
| 2967.131 of
the Revised Code that are imposed on
the
offender, the | 2084 |
| public or
private
person or entity that
operates or
administers | 2085 |
| the sanction
or the program or activity
that comprises
the | 2086 |
| sanction shall
report the violation directly
to the adult
parole | 2087 |
| authority or to
the officer of the authority
who supervises
the | 2088 |
| offender. The
authority's officers may treat
the offender as
if | 2089 |
| the offender
were on parole and in violation of the
parole, and | 2090 |
|
otherwise shall
comply with this section. | 2091 |
| (2) If the adult parole authority determines that a
releasee | 2092 |
|
has violated a post-release control sanction or any conditions | 2093 |
|
described in division (A) of section
2967.131 of the Revised Code | 2094 |
|
imposed
upon the releasee and that a more restrictive sanction is | 2095 |
|
appropriate,
the authority may impose a more restrictive sanction | 2096 |
|
upon the
releasee, in accordance with the standards established | 2097 |
|
under
division (E) of this section,
or may report the violation to | 2098 |
|
the parole board for a hearing
pursuant to division (F)(3) of
this | 2099 |
|
section. The authority may not, pursuant to this division, | 2100 |
|
increase the duration of the releasee's post-release control or | 2101 |
|
impose as a post-release control sanction a
residential sanction | 2102 |
|
that includes a prison term,
but the authority may impose on the | 2103 |
|
releasee any other residential
sanction, nonresidential sanction, | 2104 |
|
or financial sanction that the sentencing
court was authorized to | 2105 |
|
impose pursuant to sections 2929.16, 2929.17, and
2929.18 of the | 2106 |
|
Revised Code. | 2107 |
| (3) The parole board may hold a hearing on
any alleged | 2108 |
|
violation by a releasee of a post-release control
sanction or any | 2109 |
|
conditions described in
division (A) of
section 2967.131 of the | 2110 |
|
Revised Code that are imposed upon the
releasee. If after the | 2111 |
|
hearing the
board finds that
the releasee violated the sanction or | 2112 |
|
condition, the board
may increase the
duration of the releasee's | 2113 |
|
post-release control up to the maximum
duration authorized by | 2114 |
|
division (B) or (C) of
this section or impose a more restrictive | 2115 |
|
post-release control
sanction.
When appropriate, the board may | 2116 |
|
impose as a
post-release control sanction a residential sanction | 2117 |
|
that
includes a prison term.
The board shall consider a prison | 2118 |
|
term as a post-release control
sanction imposed for a violation of | 2119 |
|
post-release control when the
violation
involves a deadly weapon | 2120 |
|
or dangerous ordnance, physical harm or
attempted serious physical | 2121 |
|
harm to a person, or sexual misconduct,
or when the releasee | 2122 |
|
committed repeated violations of
post-release control sanctions. | 2123 |
|
The period of a prison term that
is
imposed as a post-release | 2124 |
|
control sanction under this division shall not
exceed nine months, | 2125 |
|
and the maximum cumulative prison term for all
violations under | 2126 |
|
this division shall not exceed one-half
of the stated prison
term | 2127 |
|
originally imposed upon the offender as part of this sentence.
The | 2128 |
|
period of a prison term that is imposed as a
post-release
control | 2129 |
|
sanction under this division shall not count as, or be
credited | 2130 |
|
toward, the remaining period of post-release control. | 2131 |
| (a) The numbers of students receiving each category of | 2196 |
|
instructional service offered by the school district, such as | 2197 |
|
regular education instruction, vocational education instruction, | 2198 |
|
specialized instruction programs or enrichment instruction that
is | 2199 |
|
part of the educational curriculum, instruction for gifted | 2200 |
|
students, instruction for handicapped students, and remedial | 2201 |
|
instruction. The guidelines shall require instructional services | 2202 |
|
under this division to be divided into discrete categories if an | 2203 |
|
instructional service is limited to a specific subject, a
specific | 2204 |
|
type of student, or both, such as regular instructional
services | 2205 |
|
in mathematics, remedial reading instructional services, | 2206 |
|
instructional services specifically for students gifted in | 2207 |
|
mathematics or some other subject area, or instructional services | 2208 |
|
for students with a specific type of handicap. The categories of | 2209 |
|
instructional services required by the guidelines under this | 2210 |
|
division shall be the same as the categories of instructional | 2211 |
|
services used in determining cost units pursuant to division | 2212 |
|
(C)(3) of this section. | 2213 |
| (a) The total numbers of licensed employees and
nonlicensed | 2259 |
|
employees and the numbers of full-time
equivalent licensed | 2260 |
|
employees and nonlicensed employees providing
each category of | 2261 |
|
instructional service, instructional support
service, and | 2262 |
|
administrative support service used pursuant to
division (C)(3) of | 2263 |
|
this section. The guidelines adopted under
this section shall | 2264 |
|
require these categories of data to be
maintained for the school | 2265 |
|
district as a whole and, wherever
applicable, for each grade in | 2266 |
|
the school district as a whole, for
each school building as a | 2267 |
|
whole, and for each grade in each
school building. | 2268 |
| (b) The total number of employees and the number of
full-time | 2269 |
| equivalent employees providing each category of service
used | 2270 |
| pursuant to divisions (C)(4)(a) and (b) of this section, and
the | 2271 |
| total numbers of licensed employees and nonlicensed
employees
and | 2272 |
| the numbers of full-time equivalent licensed
employees and | 2273 |
|
nonlicensed employees providing each category
used pursuant to | 2274 |
|
division (C)(4)(c) of this section. The
guidelines adopted under | 2275 |
|
this section shall require these
categories of data to be | 2276 |
|
maintained for the school district as a
whole and, wherever | 2277 |
|
applicable, for each grade in the school
district as a whole, for | 2278 |
|
each school building as a whole, and for
each grade in each school | 2279 |
|
building. | 2280 |
| (3)(a) Student demographic data for each school district, | 2290 |
|
including information regarding the gender ratio of the school | 2291 |
|
district's pupils, the racial make-up of the school district's | 2292 |
|
pupils, the number of limited English proficient students in the | 2293 |
| district, and an appropriate measure of the number of the school | 2294 |
|
district's pupils who reside in economically disadvantaged | 2295 |
|
households. The demographic data shall be collected in a manner
to | 2296 |
| allow correlation with data collected under division (B)(1) of | 2297 |
|
this section. Categories for data collected pursuant to division | 2298 |
|
(B)(3) of this section shall conform, where appropriate, to | 2299 |
|
standard practices of agencies of the federal government. | 2300 |
| (3) Instructional services costs for each category of | 2329 |
|
instructional service provided directly to students and required | 2330 |
|
by guidelines adopted pursuant to division (B)(1)(a) of this | 2331 |
|
section. The guidelines shall require the cost units under | 2332 |
|
division (C)(3) of this section to be designed so that each of | 2333 |
|
them may be compiled and reported in terms of average expenditure | 2334 |
|
per pupil receiving the service in the school district as a whole | 2335 |
|
and average expenditure per pupil receiving the service in each | 2336 |
|
building in the school district and in terms of a total cost for | 2337 |
|
each category of service and, as a breakdown of the total cost, a | 2338 |
|
cost for each of the following components: | 2339 |
| (4) Support or extracurricular services costs for each | 2352 |
|
category of service directly provided to students and required by | 2353 |
|
guidelines adopted pursuant to division (B)(1)(b) of this
section. | 2354 |
|
The guidelines shall require the cost units under
division (C)(4) | 2355 |
|
of this section to be designed so that each of
them may be | 2356 |
|
compiled and reported in terms of average expenditure
per pupil | 2357 |
|
receiving the service in the school district as a whole
and | 2358 |
|
average expenditure per pupil receiving the service in each | 2359 |
|
building in the school district and in terms of a total cost for | 2360 |
|
each category of service and, as a breakdown of the total cost, a | 2361 |
|
cost for each of the following components: | 2362 |
| (D)(1) The guidelines adopted under this section
shall | 2377 |
|
require
school districts to collect information about individual | 2378 |
|
students, staff members, or both in connection with any data | 2379 |
|
required by division (B) or (C) of this section or other
reporting | 2380 |
|
requirements established in the Revised Code. The
guidelines may
| 2381 |
|
also require school districts to report
information about | 2382 |
|
individual staff members in connection with any
data required by | 2383 |
|
division (B) or (C) of this section or other
reporting | 2384 |
|
requirements established in the Revised Code. The
guidelines
shall | 2385 |
| not
authorize school districts to request social
security
numbers | 2386 |
| of
individual students.
The guidelines shall prohibit
the | 2387 |
|
reporting
under this
section of
a student's
name,
address,
and | 2388 |
|
social security number to the state board of
education or the | 2389 |
|
department of
education. The guidelines shall
also prohibit the | 2390 |
|
reporting
under
this section of any personally
identifiable | 2391 |
|
information
about any
student, except for the purpose
of assigning | 2392 |
|
the data
verification
code required by division
(D)(2) of this | 2393 |
|
section, to
any
other
person
unless such person
is
employed by
the | 2394 |
|
school
district or
the data
acquisition site
operated under | 2395 |
|
section
3301.075 of the
Revised Code
and is
authorized
by the | 2396 |
|
district or
acquisition
site
to have
access to
such
information or | 2397 |
| is employed by an entity with which the department contracts for | 2398 |
| the scoring of tests administered under section 3301.0711 or | 2399 |
| 3301.0712 of the Revised Code.
The
guidelines may
require
school | 2400 |
|
districts to
provide the social
security numbers
of
individual | 2401 |
|
staff members. | 2402 |
| (3) Copies of the reports received from the state board
under | 2467 |
| divisions
(H)(1) and (2) of this section shall be made
available | 2468 |
| to the general public at each school district's
offices.
Each | 2469 |
| district board of education shall make copies of
each report | 2470 |
|
available to any person upon request and payment of a
reasonable | 2471 |
|
fee for the cost of reproducing the report. The board
shall | 2472 |
|
annually publish in a newspaper of general circulation in
the | 2473 |
|
school district, at least twice during the two weeks prior to
the | 2474 |
|
week in which the reports will first be available, a notice | 2475 |
|
containing the address where the reports are available and the | 2476 |
|
date on which the reports will be available. | 2477 |
| Upon making a report for the first time
in a fiscal year, the | 2512 |
|
department shall
withhold ten per cent of the total amount due | 2513 |
|
during that fiscal
year under Chapter 3317. of the Revised Code to | 2514 |
|
the school district to which
the report applies. Upon making a | 2515 |
|
second
report in a fiscal year, the department shall withhold
an | 2516 |
|
additional twenty per cent of such total amount due during
that | 2517 |
|
fiscal year to the school district to which the report
applies. | 2518 |
|
The department shall not release such funds
unless it determines | 2519 |
|
that the district has taken corrective action.
However, no such | 2520 |
|
release of funds shall occur if the district
fails to take | 2521 |
|
corrective action within
forty-five days of the date
upon
which | 2522 |
| the
report was made by the department. | 2523 |
| (1)(a) Except as provided in division (A)(1)(b) of this | 2550 |
| section, "parent" means either parent, unless the parents are | 2551 |
|
separated or divorced or their marriage has been dissolved or | 2552 |
|
annulled, in which case
"parent" means the parent who is the | 2553 |
|
residential parent and legal custodian of the child. When a
child | 2554 |
|
is in the legal custody of a government agency or a person
other | 2555 |
|
than the child's natural or adoptive parent,
"parent" means
the | 2556 |
|
parent with residual parental rights, privileges, and | 2557 |
|
responsibilities. When a child is in the permanent custody of a | 2558 |
|
government agency or a person other than the child's natural or | 2559 |
|
adoptive parent,
"parent" means the parent who was divested of | 2560 |
|
parental
rights and responsibilities for the care of the child and | 2561 |
|
the
right to have the child live with the parent and be the legal | 2562 |
|
custodian
of the child and all residual parental rights, | 2563 |
|
privileges, and
responsibilities. | 2564 |
| (D) Tuition required to be paid under divisions (C)(2) and | 2707 |
|
(3)(a) of this section shall be computed in accordance with | 2708 |
|
section 3317.08 of the Revised Code. Tuition required to be paid | 2709 |
|
under division (C)(3)(b) of this section shall be computed in | 2710 |
|
accordance with section 3317.081 of the Revised Code. If a home | 2711 |
|
fails to pay the tuition required by division (C)(3)(b) of this | 2712 |
|
section, the board of education providing the education may | 2713 |
|
recover in a civil action the tuition and the expenses incurred
in | 2714 |
|
prosecuting the action, including court costs and reasonable | 2715 |
|
attorney's fees. If the prosecuting attorney or city director of | 2716 |
|
law represents the board in such action, costs and reasonable | 2717 |
|
attorney's fees awarded by the court, based upon the prosecuting | 2718 |
|
attorney's, director's, or one of their designee's time
spent | 2719 |
|
preparing
and presenting the case, shall be deposited in the | 2720 |
|
county or city
general fund. | 2721 |
| The district superintendent shall establish a period of
time | 2797 |
|
not to exceed ninety days during which the child entitled to | 2798 |
|
attend school under division (F)(6) or (7) of this section may | 2799 |
|
attend without tuition obligation. A student attending a school | 2800 |
|
under division (F)(6) or (7) of this section shall be eligible to | 2801 |
|
participate in interscholastic athletics under the auspices of | 2802 |
|
that school, provided the board of education of the school | 2803 |
|
district where the student's parent resides, by a formal action, | 2804 |
|
releases the student to participate in interscholastic athletics | 2805 |
|
at the school where the student is attending, and provided the | 2806 |
|
student receives any authorization required by a public agency or | 2807 |
|
private organization of which the school district is a member | 2808 |
|
exercising authority over interscholastic sports. | 2809 |
| (8) A child whose parent is a full-time employee of a
city, | 2810 |
|
local, or exempted village school district, or of an
educational | 2811 |
|
service center, may be admitted
to the schools of the district | 2812 |
|
where the child's parent is
employed, or in the case of a child | 2813 |
|
whose parent is employed by an
educational service center, in the | 2814 |
|
district that serves the location where
the parent's job is | 2815 |
|
primarily located,
provided the district board of education | 2816 |
|
establishes such an admission
policy by resolution adopted by a | 2817 |
|
majority of its members. Any
such policy shall take effect on the | 2818 |
|
first day of the school year
and the effective date of any | 2819 |
|
amendment or repeal may not be
prior to the first day of the | 2820 |
|
subsequent school year. The policy
shall be uniformly applied to | 2821 |
|
all such children and shall provide
for the admission of any such | 2822 |
|
child upon request of the parent. No child may
be admitted under | 2823 |
|
this policy after the first day of
classes of any school year. | 2824 |
| (10) Any child under the age of twenty-two years whose
parent | 2840 |
|
has moved out of the school district after the commencement
of | 2841 |
|
classes in the child's senior year of high school is entitled, | 2842 |
|
subject to the approval of that district board, to attend school | 2843 |
|
in the district in which the child attended school at the
time of | 2844 |
|
the parental move for the remainder of the school year and
for one | 2845 |
|
additional semester or equivalent term. A district board may
also | 2846 |
|
adopt a policy specifying extenuating circumstances under
which a | 2847 |
|
student may continue to attend school under division
(F)(10) of | 2848 |
|
this section for an additional period of time in order
to | 2849 |
|
successfully complete the high school curriculum for the | 2850 |
|
individualized education program developed for the student by the | 2851 |
|
high school pursuant to section 3323.08 of the Revised Code. | 2852 |
| (11) As used in this division,
"grandparent" means a
parent | 2853 |
|
of a parent of a child. A child under the age of
twenty-two years | 2854 |
|
who is in the custody of the child's
parent, resides
with a | 2855 |
|
grandparent, and does not require special education is
entitled to | 2856 |
|
attend the schools of the district in which the
child's | 2857 |
|
grandparent resides, provided that, prior to such attendance in | 2858 |
|
any school year, the board of education of the school district in | 2859 |
|
which the child's grandparent resides and the board of
education | 2860 |
|
of the
school district in which the child's parent resides enter | 2861 |
|
into a written
agreement specifying that good cause exists for | 2862 |
|
such attendance,
describing the nature of this good cause, and | 2863 |
|
consenting to such
attendance. | 2864 |
| In lieu of a consent form signed by a parent, a board of | 2865 |
|
education may request the grandparent of a child attending school | 2866 |
|
in the district in which the grandparent resides pursuant to | 2867 |
|
division (F)(11) of this section to complete any consent form | 2868 |
|
required by the district, including any authorization required by | 2869 |
|
sections 3313.712, 3313.713, and 3313.716 of the Revised Code. | 2870 |
|
Upon
request, the grandparent shall complete any consent form | 2871 |
|
required
by the district. A school district shall not incur any | 2872 |
|
liability
solely because of its receipt of a consent form from a | 2873 |
|
grandparent in lieu of a parent. | 2874 |
| (a) That person has been appointed, through a military power | 2930 |
| of attorney executed under section 574(a) of the "National Defense | 2931 |
| Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10 | 2932 |
| U.S.C. 1044b, or through a comparable document necessary to | 2933 |
| complete a family care plan, as the parent's agent for the care, | 2934 |
| custody, and control of the child while the parent is on active | 2935 |
| duty as a member of the national guard or a reserve unit of the | 2936 |
| armed forces of the United States or because the parent is a | 2937 |
| member of the armed forces of the United States and is on a duty | 2938 |
| assignment away from the parent's residence. | 2939 |
| (I)(1) Notwithstanding anything to the contrary in this | 2959 |
| section or section 3313.65 of the Revised Code, a child under | 2960 |
| twenty-two years of age may attend school in the school district | 2961 |
| in which the child, at the end of the first full week of October | 2962 |
| of the school year, was entitled to attend school as otherwise | 2963 |
| provided under this section or section 3313.65 of the Revised | 2964 |
| Code, if at that time the child was enrolled in the schools of the | 2965 |
| district but since that time the child or the child's parent has | 2966 |
| relocated to a new address located outside of that school district | 2967 |
| and within the same county as the child's or parent's address | 2968 |
| immediately prior to the relocation. The child may continue to | 2969 |
| attend school in the district, and at the school to which the | 2970 |
| child was assigned at the end of the first full week of October of | 2971 |
| the current school year, for the balance of the school year. | 2972 |
| Division (I)(1) of this section applies only if both of the | 2973 |
| following conditions are satisfied: | 2974 |
| (4) A pupil who may attend school in the district under | 2996 |
| division (I)(1) of this section shall be entitled to | 2997 |
| transportation services pursuant to an agreement between the | 2998 |
| district and the district in which the child or child's parent has | 2999 |
| relocated unless the districts have not entered into such | 3000 |
| agreement, in which case the child shall be entitled to | 3001 |
| transportation services in the same manner as a pupil attending | 3002 |
| school in the district under interdistrict open enrollment as | 3003 |
| described in division (H) of section 3313.981 of the Revised Code, | 3004 |
| regardless of whether the district has adopted an open enrollment | 3005 |
| policy as described in division (B)(1)(b) or (c) of section | 3006 |
| 3313.98 of the Revised Code. | 3007 |
| A school district required to pay tuition pursuant to | 3010 |
|
division (C)(2) or (3) of this section or section 3313.65 of the | 3011 |
|
Revised Code shall have an amount deducted under division
(F) of | 3012 |
|
section 3317.023 of the Revised Code equal to its own tuition
rate | 3013 |
|
for the same period of attendance. A school district
entitled to | 3014 |
|
receive tuition pursuant to division (C)(2) or (3) of
this section | 3015 |
|
or section 3313.65 of the Revised Code shall have an
amount | 3016 |
|
credited under division (F) of section 3317.023 of
the
Revised | 3017 |
|
Code equal to its own tuition rate for the same period of | 3018 |
|
attendance. If the tuition rate credited to the district of | 3019 |
|
attendance exceeds the rate deducted from the district required
to | 3020 |
|
pay tuition, the department of education shall pay the
district of | 3021 |
|
attendance the difference from amounts deducted from
all | 3022 |
|
districts' payments under division (F) of section
3317.023 of
the | 3023 |
|
Revised Code but not credited to other school districts under
such | 3024 |
|
division and from appropriations made for such purpose. The | 3025 |
|
treasurer of each school district shall, by the fifteenth day of | 3026 |
|
January and July, furnish the superintendent of public
instruction | 3027 |
|
a report of the names of each child who attended the
district's | 3028 |
|
schools under divisions (C)(2) and (3) of this section
or section | 3029 |
|
3313.65 of the Revised Code during the preceding six
calendar | 3030 |
|
months, the duration of the attendance of those
children, the | 3031 |
|
school district responsible for tuition on behalf
of the child, | 3032 |
|
and any other information that the superintendent
requires. | 3033 |
| (M) In accordance with division (B)(1) of this section, a | 3049 |
| child whose parent is a member of the national guard or a reserve | 3050 |
| unit of the armed forces of the United States and is called to | 3051 |
| active duty, or a child whose parent is a member of the armed | 3052 |
| forces of the United States and is ordered to a temporary duty | 3053 |
| assignment outside of the district, may continue to attend school | 3054 |
| in the district in which the child's parent lived before being | 3055 |
| called to active duty or ordered to a temporary duty assignment | 3056 |
| outside of the district, as long as the child's parent continues | 3057 |
| to be a resident of that district, and regardless of where the | 3058 |
| child lives as a result of the parent's active duty status or | 3059 |
| temporary duty assignment. However, the district is not | 3060 |
| responsible for providing transportation for the child if the | 3061 |
| child lives outside of the district as a result of the parent's | 3062 |
| active duty status or temporary duty assignment. | 3063 |
| (4) A violation of section 2903.01, 2903.02, 2903.03, | 3086 |
| 2903.04, 2903.11,
2903.12, 2907.02, or 2907.05 or of former | 3087 |
| section 2907.12 of the
Revised Code that was committed on property | 3088 |
| owned or controlled
by, or at an activity held under the auspices | 3089 |
| of, a board of
education of a city, local, exempted village, or | 3090 |
| joint vocational
school district, if the victim at the time of the | 3091 |
| commission of
the act was an employee of that board of education; | 3092 |
| (5) Complicity in any violation described in division
(A)(1), | 3093 |
| (2), (3), or (4) of this section that was
alleged to have been | 3094 |
|
committed in the manner described in division (A)(1), (2),
(3), or | 3095 |
| (4) of this section, regardless of whether the act of
complicity | 3096 |
| was
committed on property owned or controlled by, or at an | 3097 |
| activity
held under the auspices of, a board of education of a | 3098 |
| city,
local, exempted village, or joint vocational school | 3099 |
| district. | 3100 |
| (C)(1) If the superintendent of a city, local, exempted | 3105 |
|
village, or joint vocational school district in which a pupil | 3106 |
|
attends school obtains or receives proof that the pupil has been | 3107 |
|
convicted of committing when the pupil was sixteen years of age or | 3108 |
|
older a violation listed in division (A) of this section or | 3109 |
| adjudicated
a delinquent child for the commission when the pupil | 3110 |
| was sixteen
years of age or older of a violation listed in | 3111 |
| division (A) of this
section, the superintendent may issue to the | 3112 |
| board of education
of the school district a request that the pupil | 3113 |
| be permanently
excluded from public school attendance, if both of | 3114 |
| the following
apply: | 3115 |
| If any violation which in whole or in part gave rise to the | 3218 |
| permanent
exclusion of any pupil involved the pupil's bringing a | 3219 |
| firearm to a school
operated by the board of education of a school | 3220 |
| district or
onto any other property owned or operated by such a | 3221 |
| board, no
superintendent shall recommend under this division an | 3222 |
| effective date for the
revocation of the pupil's permanent | 3223 |
| exclusion that is less than one year after
the date on which the | 3224 |
|
last such firearm incident occurred. However, on a case-by-case | 3225 |
| basis, a
superintendent may recommend an earlier effective date | 3226 |
| for such a revocation
for any of the reasons for which the | 3227 |
| superintendent may
reduce the one-year expulsion
requirement in | 3228 |
| division (B)(2) of section 3313.66 of the Revised Code. | 3229 |
| (b) Upon receipt of the recommendation of the
superintendent | 3230 |
| that a permanent exclusion of a pupil be revoked,
the board of | 3231 |
| education of a city, local, exempted village, or
joint vocational | 3232 |
| school district may adopt a resolution by a
majority vote of its | 3233 |
| members requesting the superintendent of
public instruction to | 3234 |
| revoke the permanent exclusion of the
pupil. Upon adoption of the | 3235 |
| resolution, the board of education
shall forward a copy of the | 3236 |
| resolution, the reasons for the
resolution, and any other relevant | 3237 |
| information to the
superintendent of public instruction. | 3238 |
| (2)(a) A pupil who has been permanently excluded pursuant
to | 3246 |
| this section and section 3301.121 of the Revised Code may
request | 3247 |
| the superintendent of any city, local, exempted village,
or joint | 3248 |
| vocational school district in which the pupil desires to
attend | 3249 |
| school to admit the pupil on a probationary basis for a
period not | 3250 |
| to exceed ninety school days. Upon receiving the
request, the | 3251 |
| superintendent may enter into discussions with the
pupil and with | 3252 |
| the pupil's parent, guardian, or custodian or a
person designated | 3253 |
| by the pupil's parent, guardian, or custodian
to develop a | 3254 |
| probationary admission plan designed to assist the
pupil's | 3255 |
| probationary admission to the school. The plan may
include a | 3256 |
| treatment program, a behavioral modification program,
or any other | 3257 |
| program reasonably designed to meet the educational
needs of the | 3258 |
| child and the disciplinary requirements of the
school. | 3259 |
| If any violation which in whole or in part gave rise to the | 3260 |
| permanent
exclusion of the pupil involved the pupil's bringing a | 3261 |
| firearm to a school
operated by the board of education of any | 3262 |
| school district or
onto any other property owned or operated by | 3263 |
| such a board, no plan
developed under this division for the pupil | 3264 |
| shall include an effective date
for the probationary admission of | 3265 |
| the pupil that is less than one year after
the date on which the | 3266 |
| last such firearm incident occurred except that on a
case-by-case | 3267 |
| basis, a
plan may include an earlier effective date for such an | 3268 |
| admission for any of
the reasons for which the superintendent of | 3269 |
| the district may reduce the
one-year expulsion requirement in | 3270 |
| division (B)(2) of section 3313.66
of the Revised Code. | 3271 |
| (b) If the superintendent of a school district, a pupil,
and | 3272 |
| the pupil's parent, guardian, or custodian or a person
designated | 3273 |
| by the pupil's parent, guardian, or custodian agree
upon a | 3274 |
| probationary admission plan prepared pursuant to division | 3275 |
|
(F)(2)(a) of this section, the superintendent of the school | 3276 |
|
district shall issue to the board of education of the school | 3277 |
|
district a recommendation that the pupil be allowed to attend | 3278 |
|
school within the school district under probationary admission, | 3279 |
|
the reasons for the recommendation, and a copy of the agreed upon | 3280 |
|
probationary admission plan. Within fourteen days after the
board | 3281 |
| of education receives the recommendation, reasons, and
plan, the | 3282 |
| board may adopt the recommendation by a majority vote
of its | 3283 |
| members. If the board adopts the recommendation, the
pupil may | 3284 |
| attend school under probationary admission within that
school | 3285 |
| district for a period not to exceed ninety days or any
additional | 3286 |
| probationary period permitted under divisions
(F)(2)(d) and (e) of | 3287 |
| this section in accordance with the
probationary admission plan | 3288 |
| prepared pursuant to division
(F)(2)(a) of this section. | 3289 |
| (c) If a pupil who is permitted to attend school under | 3290 |
|
probationary admission pursuant to division (F)(2)(b) of this | 3291 |
|
section fails to comply with the probationary admission plan | 3292 |
|
prepared pursuant to division (F)(2)(a) of this section, the | 3293 |
|
superintendent of the school district immediately may remove the | 3294 |
|
pupil from the school and issue to the board of education of the | 3295 |
|
school district a recommendation that the probationary admission | 3296 |
|
be revoked. Within five days after the board of education
receives | 3297 |
| the recommendation, the board may adopt the
recommendation to | 3298 |
| revoke the pupil's probationary admission by a
majority vote of | 3299 |
| its members. If a majority of the board does
not adopt the | 3300 |
| recommendation to revoke the pupil's probationary
admission, the | 3301 |
| pupil shall continue to attend school in
compliance with the | 3302 |
| pupil's probationary admission plan. | 3303 |
| (d) If a pupil who is permitted to attend school under | 3304 |
|
probationary admission pursuant to division (F)(2)(b) of this | 3305 |
|
section complies with the probationary admission plan prepared | 3306 |
|
pursuant to division (F)(2)(a) of this section, the pupil or the | 3307 |
|
pupil's
parent, guardian, or custodian, at any time before the | 3308 |
| expiration
of the ninety-day probationary admission period, may | 3309 |
| request the
superintendent of the school district to extend the | 3310 |
| terms and
period of the pupil's probationary admission for a | 3311 |
| period not to
exceed ninety days or to issue a recommendation | 3312 |
| pursuant to division
(F)(1) of this section that the pupil's | 3313 |
| permanent exclusion be
revoked and the pupil be allowed to return | 3314 |
| to the public schools
of this state. | 3315 |
| (e) If a pupil is granted an extension of the pupil's | 3316 |
| probationary
admission pursuant to division (F)(2)(d) of this | 3317 |
| section, the
pupil or the pupil's parent, guardian, or custodian, | 3318 |
| in the manner
described in that division, may request, and the | 3319 |
| superintendent
and board, in the manner described in that | 3320 |
| division, may
recommend and grant, subsequent probationary | 3321 |
| admission periods not
to exceed ninety days each. If a pupil who | 3322 |
| is permitted to
attend school under an extension of a probationary | 3323 |
| admission plan
complies with the probationary admission plan | 3324 |
| prepared pursuant
to the extension, the pupil or the pupil's | 3325 |
| parent,
guardian, or custodian may
request a revocation of the | 3326 |
| pupil's permanent exclusion in the
manner described in division | 3327 |
| (F)(2)(d) of this section. | 3328 |
| (d) The school will comply with
sections 9.90, 9.91, 109.65, | 3478 |
121.22,
149.43, 2151.3582151.357, 2151.421, 2313.18,
3301.0710, | 3479 |
| 3301.0711,
3301.0712,
3301.0715,
3313.50,
3313.608, 3313.6012, | 3480 |
|
3313.643,
3313.648, 3313.66, 3313.661,
3313.662,
3313.67, | 3481 |
|
3313.671,
3313.672,
3313.673, 3313.69, 3313.71, 3313.716,
3313.80, | 3482 |
|
3313.96,
3319.073, 3319.321, 3319.39, 3321.01,
3321.13, 3321.14, | 3483 |
|
3321.17,
3321.18, 3321.19, 3321.191, 3327.10, 4111.17,
4113.52, | 3484 |
| and
5705.391
and
Chapters 117., 1347.,
2744., 3365.,
3742., 4112., | 3485 |
| 4123.,
4141., and
4167. of
the Revised Code
as if it were a
school | 3486 |
|
district
and will comply with section
3301.0714 of the
Revised | 3487 |
|
Code in the manner specified in section
3314.17 of the
Revised | 3488 |
|
Code; | 3489 |
| (g) The school governing authority will submit
within four | 3500 |
| months after the end of each school year a
report
of
its | 3501 |
| activities and progress in meeting the goals and
standards of | 3502 |
|
divisions
(A)(3) and (4) of this section and its
financial status | 3503 |
|
to the
sponsor, the parents of all students
enrolled in the | 3504 |
|
school, and the legislative office of education
oversight. The | 3505 |
|
school will
collect and provide
any data that the
legislative | 3506 |
|
office of education oversight requests in
furtherance
of any study | 3507 |
|
or research that the general assembly requires the
office to | 3508 |
|
conduct, including the studies required under Section
50.39
of Am. | 3509 |
|
Sub. H.B. 215 of the
122nd general assembly and
Section 50.52.2 of | 3510 |
|
Am. Sub. H.B. 215 of the
122nd general
assembly, as amended. | 3511 |
|
(E) Upon the expiration of a
contract entered into under
this | 3648 |
| section, the sponsor of a
community school may, with the
approval | 3649 |
| of the governing authority
of the school, renew that
contract for | 3650 |
|
a period of time determined by the sponsor, but not
ending earlier | 3651 |
|
than the end of any school year, if the sponsor
finds that the | 3652 |
|
school's compliance with applicable laws and terms
of the contract | 3653 |
|
and the school's progress in meeting the academic
goals prescribed | 3654 |
|
in the contract have been satisfactory. Any
contract that is | 3655 |
| renewed
under this division remains subject to
the provisions of | 3656 |
| sections
3314.07, 3314.072, and 3314.073 of the
Revised Code. | 3657 |
| (F) If a community school fails to open for operation within | 3658 |
| one year after the contract entered into under this section is | 3659 |
| adopted pursuant to division (D) of section 3314.02 of the Revised | 3660 |
| Code or permanently closes prior to the expiration of the | 3661 |
| contract, the contract shall be void and the school shall not | 3662 |
| enter into a contract with any other sponsor. A school shall not | 3663 |
| be considered permanently closed because the operations of the | 3664 |
| school have been suspended pursuant to section 3314.072 of the | 3665 |
| Revised Code. Any contract that becomes void under this division | 3666 |
| shall not count toward any statewide limit on the number of such | 3667 |
| contracts prescribed by section 3314.013 of the Revised Code. | 3668 |
| (C) "Related services" means transportation, and such | 3683 |
|
developmental, corrective, and other supportive services as may
be | 3684 |
| required to assist a handicapped child to benefit from special | 3685 |
|
education, including the early identification and assessment of | 3686 |
|
handicapped conditions in children, speech pathology and | 3687 |
|
audiology, psychological services, occupational and physical | 3688 |
|
therapy, physical education, recreation, counseling services | 3689 |
|
including rehabilitative counseling, and medical services, except | 3690 |
|
that such medical services shall be for diagnostic and evaluation | 3691 |
|
purposes only. | 3692 |
| (D)(1) No person is required to permit the engagement of | 3844 |
|
accommodations at any hotel, inn, cabin, or campground by an | 3845 |
|
underage person or for an underage person, if the person engaging | 3846 |
|
the accommodations knows or has reason to know that the underage | 3847 |
|
person is intoxicated, or that the underage person possesses any | 3848 |
|
beer or intoxicating liquor and is not accompanied by a parent, | 3849 |
|
spouse who is not an underage person, or legal guardian who is or | 3850 |
|
will be present at all times when the beer or intoxicating liquor | 3851 |
|
is being consumed by the underage person. | 3852 |
| (E)(1) No underage person shall knowingly
order, pay for, | 3858 |
|
share the cost of, attempt to purchase, possess,
or consume
any | 3859 |
|
beer or intoxicating liquor in any
public or private place. No | 3860 |
|
underage person shall knowingly be under the influence
of any beer | 3861 |
|
or intoxicating liquor in any public place. The
prohibitions set | 3862 |
|
forth in division
(E)(1) of this section against
an underage | 3863 |
|
person knowingly possessing, consuming, or being under
the | 3864 |
|
influence of any beer or intoxicating liquor shall not apply
if | 3865 |
|
the underage person is
accompanied
by a parent, spouse
who is
not | 3866 |
|
an
underage person, or
legal
guardian, or
the beer or
intoxicating | 3867 |
| liquor is given
by a
physician in the regular line
of
the | 3868 |
| physician's practice or
given
for established
religious
purposes. | 3869 |
| (2)(a) If a person is charged with violating division (E)(1) | 3870 |
|
of
this section in a complaint filed under section 2151.27 of the | 3871 |
|
Revised Code, the court may order the child into a diversion | 3872 |
|
program specified by the court and hold the complaint in abeyance | 3873 |
|
pending successful completion of the diversion program. A child
is | 3874 |
| ineligible to enter into a diversion program under division | 3875 |
|
(E)(2)(a) of this section if the child previously has been | 3876 |
|
diverted pursuant to division (E)(2)(a) of this section. If the | 3877 |
|
child completes the diversion program to the satisfaction of the | 3878 |
|
court, the court shall dismiss the complaint and order the child's | 3879 |
record in the case sealed under division (D)(3) of section | 3880 |
| sections 2151.356 to 2151.358 of the Revised Code. If the child | 3881 |
| fails to
satisfactorily complete the diversion program, the court | 3882 |
| shall
proceed with the complaint. | 3883 |
| (b) If a person is charged in a criminal complaint with | 3884 |
|
violating division (E)(1) of this section, section 2935.36 of the | 3885 |
|
Revised Code shall apply to the offense, except that a person is | 3886 |
|
ineligible for diversion under that section if the person | 3887 |
|
previously has been diverted pursuant to division (E)(2)(a) or (b) | 3888 |
|
of this section. If the person completes the diversion program to | 3889 |
|
the satisfaction of the court, the court shall dismiss the | 3890 |
|
complaint and order the record in the case sealed under section | 3891 |
|
2953.52 of the Revised Code. If the person fails to
satisfactorily | 3892 |
| complete the diversion program, the court shall
proceed with the | 3893 |
| complaint. | 3894 |
| (B) Except as provided in division (C),
(D)(1), (D)(2), | 3940 |
|
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02 | 3941 |
| or 2907.05
of the Revised
Code, or in Chapter
2925. of the Revised | 3942 |
| Code, if the court
imposing a sentence upon an offender for a | 3943 |
| felony elects or is
required to impose a prison term on the | 3944 |
| offender, the court shall
impose the shortest prison term | 3945 |
| authorized for the offense
pursuant to division (A) of this | 3946 |
| section, unless
one or more
of
the following applies: | 3947 |
| (c) Except as provided in division
(D)(1)(e)
of this
section, | 3994 |
| if an offender who is convicted of or pleads
guilty to a
violation | 3995 |
| of section 2923.161 of the
Revised
Code or to a felony
that | 3996 |
| includes,
as an essential element, purposely or knowingly
causing | 3997 |
| or
attempting to cause the death of or physical harm to
another, | 3998 |
|
also is convicted of or pleads guilty to a specification
of the | 3999 |
|
type described in section 2941.146 of the
Revised
Code that | 4000 |
|
charges the offender
with committing the offense by discharging a | 4001 |
|
firearm from a
motor vehicle other than a manufactured
home, the | 4002 |
|
court, after imposing
a prison term on the offender for the | 4003 |
|
violation of section
2923.161 of the Revised
Code or for the other | 4004 |
|
felony
offense under division (A), (D)(2), or (D)(3) of this | 4005 |
|
section, shall
impose an additional prison term of five years upon | 4006 |
|
the offender
that shall not be reduced pursuant to section | 4007 |
|
2929.20, section 2967.193, or
any other provision of Chapter 2967. | 4008 |
|
or Chapter 5120. of the Revised Code. A
court shall not impose | 4009 |
|
more than one additional prison term on an offender under
division | 4010 |
|
(D)(1)(c) of this section for felonies committed as
part of the | 4011 |
|
same
act or transaction. If a court imposes an additional prison | 4012 |
|
term on an
offender under division (D)(1)(c) of this section | 4013 |
|
relative to an offense, the court also shall
impose a prison term | 4014 |
|
under division
(D)(1)(a) of this section
relative to the same | 4015 |
|
offense, provided the criteria specified in that division
for | 4016 |
|
imposing an additional prison term are satisfied relative to the | 4017 |
|
offender
and the offense. | 4018 |
| (d)
If an offender who is convicted of or pleads guilty to | 4019 |
|
an offense
of violence that is a felony also is convicted of or | 4020 |
|
pleads guilty to a
specification of the type described in section | 4021 |
|
2941.1411 of the Revised Code that charges the
offender with | 4022 |
|
wearing or carrying body armor
while committing the felony offense | 4023 |
|
of violence, the court shall
impose on the offender a prison term | 4024 |
|
of two years. The prison
term so imposed shall not be reduced | 4025 |
|
pursuant to section 2929.20,
section 2967.193, or any other | 4026 |
|
provision of
Chapter 2967. or
Chapter 5120. of the
Revised Code.
A | 4027 |
| court shall not impose more
than one prison term
on an offender | 4028 |
|
under division
(D)(1)(d) of this section for
felonies committed as | 4029 |
|
part of
the same act or transaction. If a
court imposes an | 4030 |
|
additional prison
term under division (D)(1)(a)
or (c)
of this | 4031 |
|
section, the
court is not precluded from imposing
an additional | 4032 |
|
prison term under
division (D)(1)(d) of this
section. | 4033 |
|
(f) If an offender is convicted of or pleads guilty to a
| 4049 |
|
felony that includes, as an essential element, causing or
| 4050 |
|
attempting to cause
the death of or physical
harm to another and
| 4051 |
|
also is convicted of or pleads guilty to a
specification of the
| 4052 |
|
type described in section 2941.1412 of the
Revised Code that
| 4053 |
|
charges the
offender with committing the offense by discharging a
| 4054 |
|
firearm at a
peace officer as defined in section 2935.01 of the
| 4055 |
|
Revised Code or a corrections officer as defined in section | 4056 |
|
2941.1412 of the Revised Code, the court, after imposing a
prison | 4057 |
|
term on the
offender for the felony offense under division (A), | 4058 |
|
(D)(2),
or
(D)(3) of this section, shall impose an additional | 4059 |
|
prison term of
seven years upon the offender that shall not be | 4060 |
|
reduced pursuant
to section 2929.20, section 2967.193, or any | 4061 |
|
other provision of
Chapter 2967. or Chapter 5120. of
the Revised | 4062 |
|
Code. A court
shall
not impose more than one
additional prison | 4063 |
|
term on an
offender
under division (D)(1)(f) of
this section for | 4064 |
|
felonies
committed as
part of the same act or transaction.
If a | 4065 |
|
court
imposes an
additional prison term on an offender under | 4066 |
|
division
(D)(1)(f) of
this section relative to an offense,
the | 4067 |
|
court
shall not impose a
prison term under division (D)(1)(a)
or | 4068 |
|
(c)
of
this section
relative to the same offense. | 4069 |
| (ii) The offense of which the offender currently is convicted | 4079 |
| or to which the offender currently pleads guilty is aggravated | 4080 |
| murder and the court does not impose a sentence of death or life | 4081 |
| imprisonment without parole, murder, terrorism and the court does | 4082 |
| not impose a sentence of life imprisonment without parole, any | 4083 |
| felony of the first degree that is an offense of violence and the | 4084 |
| court does not impose a sentence of life imprisonment without | 4085 |
| parole, or any felony of the second degree that is an offense of | 4086 |
| violence and the trier of fact finds that the offense involved an | 4087 |
| attempt to cause or a threat to cause serious physical harm to a | 4088 |
| person or resulted in serious physical harm to a person. | 4089 |
| (iii) The offense or offenses of which the offender currently | 4127 |
| is convicted or to which the offender currently pleads guilty is | 4128 |
| aggravated murder and the court does not impose a sentence of | 4129 |
| death or life imprisonment without parole, murder, terrorism and | 4130 |
| the court does not impose a sentence of life imprisonment without | 4131 |
| parole, any felony of the first degree that is an offense of | 4132 |
| violence and the court does not impose a sentence of life | 4133 |
| imprisonment without parole, or any felony of the second degree | 4134 |
| that is an offense of violence and the trier of fact finds that | 4135 |
| the offense involved an attempt to cause or a threat to cause | 4136 |
| serious physical harm to a person or resulted in serious physical | 4137 |
| harm to a person. | 4138 |
| (3)(a) Except when an offender commits a
violation of
section | 4152 |
| 2903.01 or 2907.02 of the
Revised Code and the penalty
imposed for | 4153 |
| the
violation is life imprisonment or commits a
violation of | 4154 |
| section
2903.02 of the Revised Code, if the offender
commits a | 4155 |
| violation of section 2925.03 or 2925.11 of
the Revised
Code and | 4156 |
| that section classifies the offender as a major drug
offender and | 4157 |
| requires the
imposition of a ten-year prison term on
the offender, | 4158 |
| if
the offender commits a felony violation of
section 2925.02, | 4159 |
|
2925.04, 2925.05,
2925.36, 3719.07, 3719.08,
3719.16, 3719.161, | 4160 |
| 4729.37, or
4729.61, division (C) or (D) of
section 3719.172, | 4161 |
| division
(C) of section 4729.51, or division (J)
of section | 4162 |
| 4729.54
of the Revised Code that includes the sale,
offer to sell, | 4163 |
|
or possession of a schedule
I or II controlled
substance, with the | 4164 |
| exception of
marihuana, and the
court imposing
sentence upon the | 4165 |
| offender finds
that the offender is guilty of a
specification of | 4166 |
| the type
described in section 2941.1410 of the
Revised Code | 4167 |
| charging
that the offender is a
major drug offender,
if the court | 4168 |
| imposing sentence upon an offender for
a felony
finds
that the | 4169 |
| offender is guilty
of corrupt activity with the
most
serious | 4170 |
| offense in the pattern
of corrupt activity being a
felony
of the | 4171 |
| first degree, or if the offender is guilty of
an attempted | 4172 |
|
violation of section 2907.02 of the Revised Code and, had the | 4173 |
|
offender completed the violation of section 2907.02 of the Revised | 4174 |
|
Code that was attempted, the offender would have been subject to a | 4175 |
|
sentence of life imprisonment or life imprisonment without parole | 4176 |
|
for the violation of section 2907.02 of the Revised Code, the | 4177 |
|
court shall
impose upon
the offender for the felony violation a | 4178 |
|
ten-year
prison term that
cannot be reduced pursuant to section | 4179 |
|
2929.20 or
Chapter
2967. or 5120. of the Revised Code. | 4180 |
| (b) The court imposing a prison term on an
offender under | 4181 |
|
division (D)(3)(a) of this
section may impose an additional prison | 4182 |
|
term of one, two, three,
four, five, six, seven, eight, nine, or | 4183 |
|
ten years, if the court,
with respect to the term imposed under | 4184 |
|
division
(D)(3)(a) of this section and, if
applicable, divisions | 4185 |
|
(D)(1) and (2) of this section,
makes both of the findings set | 4186 |
|
forth in divisions
(D)(2)(a)(iv) and (v) of this section. | 4187 |
| (4) If the offender is being sentenced for a third or fourth | 4188 |
|
degree felony
OVI offense under division (G)(2) of section
2929.13 | 4189 |
|
of the Revised
Code,
the sentencing court shall impose
upon the | 4190 |
|
offender a mandatory prison term in
accordance with that
division. | 4191 |
|
In addition to the mandatory prison term, if the offender is being | 4192 |
|
sentenced for a fourth degree felony OVI offense, the court, | 4193 |
|
notwithstanding division (A)(4) of this section, may sentence the | 4194 |
|
offender to a definite prison term of not less than six months and | 4195 |
|
not more than thirty months, and if the offender is being | 4196 |
|
sentenced for a third degree felony OVI offense, the
sentencing | 4197 |
|
court may sentence the offender to an additional prison
term of | 4198 |
|
any
duration specified in division (A)(3) of this section. In | 4199 |
|
either case, the additional prison term imposed shall be reduced | 4200 |
|
by the sixty or one
hundred twenty days imposed upon the
offender | 4201 |
|
as the mandatory prison term.
The total of the
additional prison | 4202 |
|
term imposed under division (D)(4) of this
section
plus the sixty | 4203 |
|
or one hundred twenty days imposed as the
mandatory prison term | 4204 |
|
shall equal a definite term in the range of six months to thirty | 4205 |
|
months for a fourth degree felony OVI offense and shall equal one | 4206 |
|
of
the authorized prison
terms specified in division (A)(3) of | 4207 |
|
this section for a third degree felony OVI offense. If
the court | 4208 |
|
imposes an additional prison term under division (D)(4) of this | 4209 |
|
section, the offender shall serve the additional prison term after | 4210 |
|
the
offender has served the mandatory prison term required for the | 4211 |
|
offense. In addition to the mandatory prison term or mandatory and | 4212 |
| additional prison term imposed as described in division (D)(4) of | 4213 |
| this section, the
court also may sentence the offender to a | 4214 |
| community
control sanction under
section 2929.16 or 2929.17 of the | 4215 |
| Revised
Code, but the offender shall serve all of the prison terms | 4216 |
| so imposed prior to serving the community control sanction. | 4217 |
| (5) If an offender is convicted of or pleads guilty to a | 4223 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 4224 |
|
Revised Code and also is convicted of or pleads guilty to a | 4225 |
|
specification of the type described in section 2941.1414 of the | 4226 |
|
Revised Code that charges that the victim of the offense is a | 4227 |
|
peace officer, as defined in section 2935.01 of the Revised Code, | 4228 |
|
the court shall impose on the offender a prison term of five | 4229 |
|
years. If a court imposes a prison term on an offender under | 4230 |
|
division (D)(5) of this section, the prison term shall not be | 4231 |
|
reduced pursuant to section 2929.20, section 2967.193, or any | 4232 |
|
other provision of Chapter 2967. or Chapter 5120. of the Revised | 4233 |
|
Code. A court shall not impose more than one prison term on an | 4234 |
|
offender under division (D)(5) of this section for felonies | 4235 |
|
committed as part of the same act. | 4236 |
|
(6) If an offender is convicted of or pleads guilty to a | 4237 |
|
violation of division (A)(1) or (2) of section 2903.06 of the | 4238 |
|
Revised Code and also is convicted of or pleads guilty to a | 4239 |
|
specification of the type described in section 2941.1415 of the | 4240 |
|
Revised Code that charges that the offender previously has been | 4241 |
|
convicted of or pleaded guilty to three or more violations of | 4242 |
| division (A)
or (B) of section 4511.19 of the Revised Code or an | 4243 |
| equivalent
offense, as defined in section 2941.1415 of the Revised | 4244 |
| Code, or three or more violations of any combination of those | 4245 |
| divisions and offenses, the
court shall impose on the offender a | 4246 |
| prison term of three years.
If a court imposes a prison term on an | 4247 |
| offender under division
(D)(6) of this section, the prison term | 4248 |
| shall not be reduced
pursuant to section 2929.20, section | 4249 |
| 2967.193, or any other
provision of Chapter 2967. or Chapter 5120. | 4250 |
| of the Revised Code.
A
court shall not impose more than one prison | 4251 |
| term on an offender
under division (D)(6) of this section for | 4252 |
| felonies committed as
part of the same act. | 4253 |
| (E)(1)(a) Subject to division
(E)(1)(b) of this section, if
a | 4254 |
| mandatory prison term
is imposed
upon an offender pursuant to | 4255 |
|
division (D)(1)(a) of this
section for having a firearm on or | 4256 |
|
about the offender's person or under the
offender's
control while | 4257 |
|
committing a felony, if a mandatory prison term
is imposed
upon an | 4258 |
|
offender pursuant to division (D)(1)(c) of
this section for | 4259 |
|
committing a felony specified in that division by discharging
a | 4260 |
|
firearm from a motor vehicle, or if both types of mandatory prison | 4261 |
|
terms
are imposed, the offender shall serve
any mandatory prison | 4262 |
|
term
imposed under either division
consecutively to any other | 4263 |
|
mandatory prison term imposed under either division
or under | 4264 |
|
division (D)(1)(d) of this
section,
consecutively to and prior to | 4265 |
|
any prison term
imposed for the underlying felony pursuant to | 4266 |
|
division (A),
(D)(2), or (D)(3) of this section or any other | 4267 |
|
section of the Revised Code, and consecutively to any other prison | 4268 |
|
term
or
mandatory prison term previously or subsequently imposed | 4269 |
|
upon the
offender. | 4270 |
| (b) If a mandatory prison term is imposed upon an offender | 4271 |
|
pursuant to division (D)(1)(d) of this section for
wearing or | 4272 |
|
carrying body armor while committing an offense of violence that | 4273 |
|
is a felony,
the offender shall serve the mandatory
term so | 4274 |
|
imposed consecutively to any other mandatory prison term
imposed | 4275 |
|
under that division or under division (D)(1)(a)
or (c) of
this | 4276 |
|
section, consecutively to and prior to any prison term imposed for | 4277 |
|
the underlying felony under division (A), (D)(2), or
(D)(3)
of | 4278 |
|
this section or any other section of the Revised Code, and | 4279 |
|
consecutively to any other
prison term or mandatory prison term | 4280 |
|
previously or subsequently
imposed upon the offender. | 4281 |
| (2) If an offender who is an inmate in a jail, prison,
or | 4290 |
|
other residential detention facility violates section 2917.02, | 4291 |
|
2917.03, 2921.34, or 2921.35 of the Revised Code,
if an offender | 4292 |
|
who is under detention at a detention facility commits a felony | 4293 |
|
violation of section 2923.131 of the Revised Code, or if an | 4294 |
|
offender who is an
inmate in a jail, prison, or other residential | 4295 |
|
detention facility or is under
detention at a detention facility | 4296 |
|
commits another felony while the offender is
an
escapee in | 4297 |
|
violation of
section 2921.34 of the Revised Code, any prison
term | 4298 |
|
imposed upon the offender for one of those violations
shall be | 4299 |
|
served by the offender consecutively to the prison term or term of | 4300 |
|
imprisonment the offender
was serving when the offender committed | 4301 |
|
that offense and to any other prison
term previously or | 4302 |
|
subsequently imposed upon the offender. | 4303 |
| (5) If a mandatory prison term is imposed upon an offender | 4334 |
|
pursuant to division (D)(5) or (6) of this section, the offender | 4335 |
|
shall serve the mandatory prison term consecutively to and prior | 4336 |
|
to any prison term imposed for the underlying violation of | 4337 |
|
division (A)(1) or (2) of section 2903.06 of the Revised Code | 4338 |
|
pursuant to division (A) of this section. If a mandatory prison | 4339 |
|
term is imposed upon an offender pursuant to division (D)(5) of | 4340 |
|
this section, and if a mandatory prison term also is imposed upon | 4341 |
|
the offender pursuant to division (D)(6) of this section in | 4342 |
|
relation to the same violation, the offender shall serve the | 4343 |
|
mandatory prison term imposed pursuant to division (D)(5) of this | 4344 |
|
section consecutively to and prior to the mandatory prison term | 4345 |
|
imposed pursuant to division (D)(6) of this section and | 4346 |
|
consecutively to and prior to any prison term imposed for the | 4347 |
|
underlying violation of division (A)(1) or (2) of section 2903.06 | 4348 |
|
of the Revised Code pursuant to division (A) of this section. | 4349 |
(F)(1) If a court imposes a prison term of a type
described | 4353 |
in
division (B) of section 2967.28 of the
Revised Codefor a | 4354 |
| felony of the first degree, for a felony of the second degree, for | 4355 |
| a felony sex offense, or for a felony of the third degree that is | 4356 |
| not a felony sex offense and in the commission of which the | 4357 |
| offender caused or threatened to cause physical harm to a person, | 4358 |
| it shall
include in the sentence a
requirement that the offender | 4359 |
| be subject
to a period of
post-release control after the | 4360 |
| offender's release
from imprisonment, in
accordance with that | 4361 |
| division. If a court imposes a sentence including a prison term of | 4362 |
| a type described in this division on or after the effective date | 4363 |
| of this amendment, the failure of a court to include a | 4364 |
| post-release control requirement in the sentence pursuant to this | 4365 |
| division does not negate, limit, or otherwise affect the mandatory | 4366 |
| period of post-release control that is required for the offender | 4367 |
| under division (B) of section 2967.28 of the Revised Code. Section | 4368 |
| 2929.191 of the Revised Code applies if, prior to the effective | 4369 |
| date of this amendment, a court imposed a sentence including a | 4370 |
| prison term of a type described in this division and failed to | 4371 |
| include in the sentence pursuant to this division a statement | 4372 |
| regarding post-release control. | 4373 |
(2) If a court
imposes a prison term
of a type described in | 4374 |
division (C) of that
sectionfor a felony of the third, fourth, or | 4375 |
| fifth degree that is not subject to division (F)(1) of this | 4376 |
| section, it
shall include in the sentence a requirement that the | 4377 |
|
offender be
subject to a period of post-release control after the | 4378 |
|
offender's release
from imprisonment, in accordance with that | 4379 |
|
division, if the
parole board determines that a period of | 4380 |
|
post-release control is
necessary. Section 2929.191 of the Revised | 4381 |
| Code applies if, prior to the effective date of this amendment, a | 4382 |
| court imposed a sentence including a prison term of a type | 4383 |
| described in this division and failed to include in the sentence | 4384 |
| pursuant to this division a statement regarding post-release | 4385 |
| control. | 4386 |
| (J) If an offender who is convicted of or pleads guilty to | 4410 |
|
aggravated murder, murder, or a
felony of the first, second, or | 4411 |
|
third degree that is an
offense of violence also is convicted of | 4412 |
|
or pleads guilty to a
specification of the type described in | 4413 |
|
section 2941.143 of the
Revised
Code that charges the offender | 4414 |
|
with having committed the offense in a school safety
zone or | 4415 |
|
towards a person in a school safety zone, the court shall impose | 4416 |
|
upon the offender an additional prison term of two years. The | 4417 |
|
offender shall
serve the additional two years consecutively to and | 4418 |
|
prior to the prison term
imposed for the underlying offense. | 4419 |
| (K) At the time of sentencing, the court
may recommend the | 4420 |
|
offender for
placement in a program of shock incarceration
under | 4421 |
|
section 5120.031 of the Revised Code or for
placement
in an | 4422 |
|
intensive program prison
under
section 5120.032 of the Revised | 4423 |
|
Code, disapprove placement of the
offender in a program of shock | 4424 |
|
incarceration or
an intensive
program
prison
of that nature, or | 4425 |
|
make
no recommendation on placement of
the offender.
In no case | 4426 |
|
shall
the department of rehabilitation and correction place the | 4427 |
|
offender
in a program or prison of that nature unless the | 4428 |
|
department
determines as specified in section 5120.031 or 5120.032 | 4429 |
|
of the
Revised Code, whichever is applicable, that the offender is | 4430 |
|
eligible for the placement. | 4431 |
| If the court does not make a recommendation under this | 4448 |
|
division with
respect to an
offender
and if the
department | 4449 |
|
determines as specified in section 5120.031 or 5120.032
of the | 4450 |
|
Revised Code, whichever is applicable, that the offender is | 4451 |
|
eligible for placement in a program or prison of that nature, the | 4452 |
|
department shall screen the offender and
determine if there is an | 4453 |
|
available program of shock incarceration or an
intensive program | 4454 |
|
prison for which the offender is suited. If there is an
available | 4455 |
|
program of shock incarceration or an intensive program prison for | 4456 |
|
which the offender is suited, the department shall notify the | 4457 |
|
court of the
proposed placement of the offender
as specified in | 4458 |
|
section 5120.031 or 5120.032 of the Revised Code and shall include | 4459 |
|
with the notice a brief
description of the placement. The court | 4460 |
|
shall have ten days from receipt of
the notice to disapprove the | 4461 |
|
placement. | 4462 |
| Section 5. (A) The General Assembly hereby declares that its | 4466 |
| purpose in amending sections 2929.14, 2929.19, and 2967.28 and | 4467 |
| enacting section 2929.191 of the Revised Code in Sections 1 and 2 | 4468 |
| of this act and in amending section 2929.14 of the Revised Code in | 4469 |
| Sections 3 and 4 of this act is to reaffirm that, under the | 4470 |
| amended sections as they existed prior to the effective date of | 4471 |
| this act: (1) by operation of law and without need for any prior | 4472 |
| notification or warning, every convicted offender sentenced to a | 4473 |
| prison term for a felony of the first or second degree, for a | 4474 |
| felony sex offense, or for a felony of the third degree that is | 4475 |
| not a felony sex offense and in the commission of which the | 4476 |
| offender caused or threatened to cause physical harm to a person | 4477 |
| always is subject to a period of post-release control after the | 4478 |
| offender's release from imprisonment pursuant to and for the | 4479 |
| period of time described in division (B) of section 2967.28 of the | 4480 |
| Revised Code; (2) by operation of law, every convicted offender | 4481 |
| sentenced to a prison term for a felony of the third, fourth, or | 4482 |
| fifth degree that is not subject to the provision described in | 4483 |
| clause (1) of this sentence is subject to a period of post-release | 4484 |
| control after the offender's release from imprisonment pursuant to | 4485 |
| division (C) of section 2967.28 of the Revived Code if the parole | 4486 |
| board determines in accordance with specified criteria that | 4487 |
| post-release control is necessary; and (3) by operation of law and | 4488 |
| without need for any prior notification or warning, every | 4489 |
| convicted offender sentenced to a prison term and subjected to | 4490 |
| supervision under a period of post-release control after the | 4491 |
| offender's release from imprisonment always is subject to having | 4492 |
| the Parole Board impose in accordance with section 2967.28 of the | 4493 |
| Revised Code a prison term of up to one-half of the stated prison | 4494 |
| term originally imposed upon the offender if the offender violates | 4495 |
| that supervision or a condition of post-release control imposed | 4496 |
| under division (B) of section 2967.131 of the Revised Code. | 4497 |
| (B) The General Assembly hereby declares that it believes | 4498 |
| that the amendments made to sections 2929.14, 2929.19, and 2967.28 | 4499 |
| and the enactment of section 2929.191 of the Revised Code in | 4500 |
| Sections 1 and 2 of this act and the amendment made to section | 4501 |
| 2929.14 of the Revised Code in Sections 3 and 4 of this act are | 4502 |
| not substantive in nature and merely clarify that the amended | 4503 |
| sections operate as described in division (A) of this Section, | 4504 |
| that the convicted offenders described in clause (1) under | 4505 |
| division (A) of this Section always are subject by operation of | 4506 |
| law and without need for any prior notification or warning to a | 4507 |
| period of post-release control after their release from | 4508 |
| imprisonment as described in that division, that the convicted | 4509 |
| offenders described in clause (2) under division (A) of this | 4510 |
| Section are subject by operation of law to post-release control | 4511 |
| after their release from imprisonment if the Parole Board makes | 4512 |
| certain determinations, that the convicted offenders described in | 4513 |
| clause (3) under division (A) of this Section always are subject | 4514 |
| by operation of law to having the Parole Board impose a prison | 4515 |
| term if they violate their supervision or a condition of | 4516 |
| post-release control as described in that division, and that the | 4517 |
| amendments made to sections 2929.14, 2929.19, and 2967.28 and the | 4518 |
| enactment of section 2929.191 of the Revised Code in Sections 1 | 4519 |
| and 2 of this act and the amendment made to section 2929.14 of the | 4520 |
| Revised Code in Sections 3 and 4 of this act thus are remedial in | 4521 |
| nature. The General Assembly declares that it intends that the | 4522 |
| clarifying, remedial amendments made to sections 2929.14, 2929.19, | 4523 |
| and 2967.28 and the enactment of section 2929.191 of the Revised | 4524 |
| Code in Sections 1 and 2 of this act and the amendment made to | 4525 |
| section 2929.14 of the Revised Code in Sections 3 and 4 of this | 4526 |
| act apply to all convicted offenders described in division (A) of | 4527 |
| this Section, regardless of whether they were sentenced prior to, | 4528 |
| or are sentenced on or after, the effective date of this act. | 4529 |
| Section 6. Sections 2151.313, 2152.72, 2930.13, 3301.0714, | 4530 |
| 3313.64, 3313.662, 3314.03, 3323.01, and 4301.69 of the Revised | 4531 |
| Code, as amended by this act, section 2151.357 (2151.362) of the | 4532 |
| Revised Code as amended by this act for the purpose of adopting a | 4533 |
| new section number, new sections 2151.357 and 2151.358 and | 4534 |
| sections 2151.355 and 2151.356 of the Revised Code, as enacted by | 4535 |
| this act, and the repeal of section 2151.358 of the Revised Code | 4536 |
| by this act shall take effect ninety days after the effective date | 4537 |
| of this act. | 4538 |
| Section 7. This act is hereby declared to be an emergency | 4539 |
| measure necessary for the immediate preservation of the public | 4540 |
| peace, health, and safety. The reason for such necessity is that | 4541 |
| the amendments made in this act are crucially needed to clarify | 4542 |
| the law to protect the residents of this state from the | 4543 |
| consequences that might result if the state is forced to release | 4544 |
| without supervision offenders who have been convicted of serious | 4545 |
| offenses and imprisoned, solely because the offenders were not | 4546 |
| provided notice of the fact that the law always requires their | 4547 |
| supervision upon release from prison. Therefore, this act shall go | 4548 |
| into immediate effect. | 4549 |